Last Updated: January 30, 2026
Please read these Terms of Service carefully before using our platform. By accessing or using Duka Track services, you agree to be bound by these terms.
By accessing, browsing, or using Duka Track Softwares Ltd's services ("Service", "Platform", "Software"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.
If you are using the Service on behalf of an organization or business entity, you represent and warrant that you have the authority to bind that entity to these terms, and "you" refers to both you individually and the entity you represent.
Duka Track provides cloud-based Point of Sale (POS), Enterprise Resource Planning (ERP), inventory management, and business intelligence solutions designed for retail, wholesale, hospitality, and service industries.
We reserve the right to modify, suspend, enhance, or discontinue any part of the Service at any time, with or without notice. While we strive to minimize disruption, we shall not be liable for any modification, suspension, or discontinuance of the Service.
The Service is provided on an "as available" basis, and we do not guarantee uninterrupted or error-free operation.
To access certain features of the Service, you must create an account. You agree to:
You may not share your account credentials or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these terms.
4.1 Subscription Plans: Services are provided on a subscription basis with various pricing tiers. You agree to pay all fees associated with your selected plan.
4.2 Payment Terms: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. Payment is due immediately upon subscription or renewal.
4.3 Price Changes: We reserve the right to modify our pricing with thirty (30) days' notice. Continued use of the Service after price changes constitutes acceptance of the new pricing.
4.4 Late Payments: Failure to pay fees when due may result in suspension or termination of your account. We reserve the right to charge interest on overdue amounts at the rate of 2% per month.
4.5 Refunds: Subscription fees are non-refundable except as required by law or as explicitly stated in our refund policy. No refunds will be provided for partial subscription periods.
4.6 Taxes: All fees are exclusive of applicable taxes (including VAT, sales tax, or other taxes). You are responsible for paying all applicable taxes.
You agree NOT to use the Service to:
Violation of this Acceptable Use Policy may result in immediate termination of your account without refund.
We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure.
We comply with the Kenya Data Protection Act, 2019, and other applicable data protection regulations. Please review our Privacy Policy to understand how we collect, use, and protect your data.
You retain ownership of all data you input into the Service. We will not access, use, or disclose your data except as necessary to provide the Service or as required by law.
The Service, including all software, content, designs, trademarks, and documentation, is the exclusive property of Duka Track Softwares Ltd and is protected by Kenyan and international intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes. This license does not include any rights to copy, modify, distribute, or create derivative works.
We strive to maintain 99.5% uptime for our services, excluding scheduled maintenance windows. However, we do not guarantee uninterrupted access and shall not be liable for any downtime caused by:
TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, DUKA TRACK SOFTWARES LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
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.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Duka Track Softwares Ltd, its directors, officers, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
11.1 By You: You may terminate your subscription at any time through your account settings. Termination will be effective at the end of your current billing period.
11.2 By Us: We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees, or engage in fraudulent or illegal activities.
11.3 Effect of Termination: Upon termination, your right to access the Service will cease immediately. We will retain your data for thirty (30) days after termination, after which it may be permanently deleted.
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of law principles.
Any disputes arising from these Terms or the use of our Service shall first be attempted to be resolved through good faith negotiations. If negotiations fail within thirty (30) days, disputes shall be resolved through arbitration in Nairobi, Kenya, in accordance with the Arbitration Act, 1995.
The courts of Nairobi, Kenya shall have exclusive jurisdiction over any legal proceedings that cannot be resolved through arbitration.
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service at least thirty (30) days before they take effect.
Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Service.
14.1 Entire Agreement: These Terms constitute the entire agreement between you and Duka Track Softwares Ltd regarding the Service.
14.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.3 Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
For questions about these Terms of Service, please contact:
Duka Track Softwares Limited
Halima Heights, 15th Floor
Eastleigh 2nd Street, Nairobi, Kenya
Email: info@dukatrack.com
Phone: +254 742 548 359
By using Duka Track services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
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