SaaS Point of Sale Terms and Conditions for Users

1. Acceptance of Terms:

These Terms and Conditions ("Terms") govern your access and use of the INVO Point-of-Sale ("POS") system, a software as a service ("SaaS") offering. By accessing or using the POS system, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the POS system.

2. Definitions:

• "Company: INVO SYSTEMS- SADI BRAND
• "POS System": The software application and related services offered by the Company for point-of-sale transactions.
• "User": You, the individual or entity accessing or using the POS system.
• "Content": Any data, information, or materials you submit, post, or store on the POS system.

3. Account and Use:

• You are responsible for maintaining the confidentiality of your account information, including your username and password.
• You are solely responsible for all activity that occurs on your account.
• You agree to use the POS system in accordance with all applicable laws and regulations.
• You will not use the POS system for any illegal or unauthorized purpose.

4. Content:

• You retain all ownership rights to your Content. However, by submitting Content to the POS system, you grant the Company a non-exclusive, royalty-free, worldwide license to use, modify, reproduce, distribute, and display your Content in connection with the operation of the POS system.
• You are solely responsible for the accuracy, completeness, and legality of your Content.
• You agree not to submit Content that is:
  • Defamatory, obscene, hateful, or discriminatory.
  • Infringes on the intellectual property rights of any third party.
  • Violates any applicable laws or regulations.

5. Fees and Payment:

• You agree to pay the fees for the POS system as set forth in the current plan you select.
• Unless otherwise stated, all fees are due in advance and non-refundable.
• The Company reserves the right to change its fees at any time upon thirty (30) days' prior notice.

6. Intellectual Property:

• The POS system and all intellectual property rights associated therewith, including copyrights, trademarks, and patents, are the sole property of the Company or its licensors.
• You are not granted any rights to the intellectual property of the Company or its licensors, except as expressly stated in these Terms.

7. Term and Termination:

• These terms are effective upon your access to the POS system and continue until terminated by either you or the Company.
• You may terminate your account at any time by deactivating your account or contacting the Company.
• The Company may terminate your account or access to the POS system at any time, with or without cause, upon written notice.
• Upon termination of these Terms, your right to access and use the POS system will immediately cease.

8. Disclaimer and Warranties:

• THE POS SYSTEM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• THE COMPANY DOES NOT WARRANT THAT THE POS SYSTEM WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
• THE COMPANY DOES NOT WARRANT THAT THE INFORMATION OBTAINED THROUGH THE POS SYSTEM WILL BE ACCURATE, RELIABLE, OR COMPLETE.
• YOU ASSUME ALL RISK FOR USING THE POS SYSTEM.

9. Limitation of Liability:

• IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE POS SYSTEM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification:

• You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates, from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or relating to your use of the POS system or your violation of these Terms.

11.Governing Law and Dispute Resolution:

• These Terms shall be governed by and construed in accordance with the laws of the Kenya, without regard to its conflict of laws principles.
• Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction and venue of the courts located in Nairobi, Kenya