Terms of Service

These Terms of Service ("Terms") govern your access to and use of the NodePoint platform, applications, and related services (the "Service"), operated by Node Nest Digital Limited ("NodePoint", "we", "us"), a company registered in Nairobi, Kenya. By creating an account or using the Service you agree to these Terms. If you are accepting on behalf of a business, you confirm you are authorised to bind that business (the "Customer" or "tenant").

NodePoint provides cloud-based point-of-sale, hotel management, and accounting software, including offline-capable sales, mobile-money payment prompts, inventory, and tax-compliant invoicing. We provide and maintain the hosting, infrastructure, and updates required to deliver the Service.

We may improve, add, or modify features over time. We will not materially reduce the core functionality of a paid plan during its current term.

You may use the Service only for a lawful, legitimately operated business. You may not use the Service for, or in connection with, any business or activity that is illegal under the laws of Kenya or any jurisdiction in which you operate, including unlicensed, fraudulent, or prohibited goods and services.

You are responsible for all activity under your account, for maintaining the confidentiality of your credentials, and for ensuring your staff and authorised users comply with these Terms.

You agree not to: misuse or interfere with the Service or its security; attempt to gain unauthorised access; reverse engineer or resell the Service without authorisation; upload unlawful, infringing, or malicious content; or use the Service to violate the rights of others or any applicable law, including tax and consumer-protection law.

The Service is offered on a subscription basis. Fees are stated in US Dollars (USD) and are billed monthly or annually in advance, per the plan and modules you select. Subscriptions renew automatically for successive terms unless auto-renewal is switched off.

You may turn off auto-renewal and stop using the Service at any time; your access then continues until the end of the term you have already paid for. The current paid term is non-cancellable and fees are non-refundable, except where NodePoint fails to deliver the contracted platform infrastructure, in which case your sole remedy is a refund of fees paid for the affected, undelivered period.

We may change pricing for future terms with reasonable prior notice. Taxes, where applicable, are your responsibility unless stated otherwise.

You retain full ownership of all business and customer data you enter into the Service ("Customer Data"). We claim no ownership of Customer Data.

We process Customer Data only to provide the Service to you — principally to operate your account and to handle invoicing and billing. We do not use, mine, profile, sell, or share the personal data of your customers for our own purposes, marketing, or advertising.

You can access and export your Customer Data at any time while your subscription is active. If your subscription expires or is not renewed, your data remains available to you for one (1) month, after which it is permanently and irreversibly deleted from active systems. Please export anything you need within that window.

We protect Customer Data with encryption in transit and at rest, role-based access controls, audit logging, and regular encrypted backups. While no system is perfectly secure, we maintain administrative, technical, and physical safeguards appropriate to the sensitivity of the data.

We aim to provide a reliable, highly available Service and to deliver the infrastructure your plan describes. The Service may occasionally be unavailable for maintenance or due to factors outside our reasonable control. Offline-first features are designed to keep you operating during connectivity interruptions.

The Service, including its software, design, and trademarks, is owned by NodePoint and its licensors and is protected by law. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service for your business during your subscription. No other rights are granted.

Each party will protect the other’s confidential information and use it only as needed to perform under these Terms. Customer Data is treated as your confidential information.

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, to the maximum extent permitted by law. You are responsible for verifying that your use of the Service meets your own legal, tax, and regulatory obligations.

To the maximum extent permitted by law, NodePoint is not liable for indirect, incidental, special, or consequential damages, or for lost profits or data, arising from your use of the Service. Our total aggregate liability for any claim is limited to the fees you paid for the Service in the three (3) months preceding the event giving rise to the claim.

We may suspend or terminate access if you breach these Terms, fail to pay, or use the Service unlawfully. On termination, the data-retention and deletion terms in section 6 apply.

We may update these Terms from time to time. Material changes will be notified through the Service or by email, and your continued use after changes take effect constitutes acceptance.

These Terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction over any dispute. Questions about these Terms can be sent to legal@nodepoint.co.ke.