Last Updated: April 28, 2025
Please read these terms carefully before using our services
Welcome to Tracksales. Tracksales is a product of Bunilogic Ventures Limited (“we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the Tracksales platform, including our website, mobile applications, and services (collectively, the “Service”). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service.
By creating an account, accessing, or using Tracksales, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Tracksales.
If you are using Tracksales on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" will refer to that entity.
Tracksales is a cloud-based business management platform that provides tools for point of sale, invoicing, inventory management, expense tracking, customer management, and related business operations. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.
We may release new features, updates, or enhancements to the Service, which may be subject to additional terms or conditions. Continued use of the Service after such changes constitutes acceptance of the modified Terms.
To access certain features of the Service, you must register for an account. When you register, you agree to:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account information.
You agree not to use the Service to:
We reserve the right to investigate violations of these Terms and may involve law enforcement authorities in prosecuting users who violate these Terms.
Ownership: You retain all ownership rights to the data, content, and information you upload, store, or transmit through the Service ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it.
License to Tracksales: By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing, maintaining, and improving the Service. This license terminates when you delete your User Content or account, except for content that has been shared with other users or made publicly available.
Data Protection: We implement industry-standard security measures to protect your data. However, you acknowledge that no method of transmission over the Internet or electronic storage is 100% secure. You are responsible for backing up your data.
Prohibited Content: You agree not to upload, store, or transmit any User Content that is illegal, harmful, threatening, abusive, defamatory, obscene, or violates any third-party rights, including intellectual property rights.
Subscription Plans: We offer various subscription plans with different features and pricing. By subscribing to a paid plan, you agree to pay the fees specified for that plan.
Billing Cycle: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as required by law or as explicitly stated in our refund policy.
Payment Methods: We accept payment via M-Pesa, bank transfer, and major credit/debit cards. You authorize us to charge your payment method for all fees due.
Price Changes: We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases. Price changes will apply to your next billing cycle.
Failed Payments: If payment fails, we may suspend or terminate your account. You are responsible for any fees or charges incurred due to failed payments.
Refunds: Refunds are provided in accordance with our refund policy. Generally, subscription fees are non-refundable, but we may provide refunds at our discretion for exceptional circumstances.
Free Trial: We offer a 14-day free trial for new users. During the trial period, you have full access to the Service. No credit card is required to start your trial.
Trial Conversion: At the end of the trial period, if you do not subscribe to a paid plan, your account will be suspended, and you may lose access to your data. We will notify you before your trial expires.
Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service until the end of your paid period.
Data After Cancellation: After cancellation, you may export your data for up to 30 days. After this period, we may delete your account and data in accordance with our data retention policy.
Our Property: The Service, including its original content, features, functionality, design, logos, trademarks, and software, is owned by Bunilogic Ventures Limited and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms.
Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, except as permitted by law.
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Service, you consent to the collection and use of your information as described in our Privacy Policy. We implement appropriate technical and organizational measures to protect your data in accordance with applicable data protection laws.
Availability: We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.
Modifications: We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Updates: We may release updates, patches, or new versions of the Service. You agree to install updates as they become available to ensure optimal performance and security.
Termination by You: You may terminate your account at any time by canceling your subscription through your account settings or by contacting us.
Termination by Us: We may suspend or terminate your account immediately, without prior notice, if you breach these Terms, engage in fraudulent or illegal activity, or for any other reason we deem necessary to protect the Service or other users.
Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may delete your account and data in accordance with our data retention policy. You are responsible for exporting your data before termination.
Survival: Sections of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that any defects or errors will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACKSALES AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.
Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Tracksales and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. We may also notify you via email or through the Service.
Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and cancel your account.
We encourage you to review these Terms periodically to stay informed of any updates.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.
Jurisdiction: Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Kenya.
Dispute Resolution: Before filing a claim, you agree to contact us first to attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, you may proceed with formal legal action.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.
Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:
Agreement to Terms
By accessing or using Tracksales, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use our Service.
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