Terms of Use

1. Introduction

Welcome to the SAAMAYA SOFTPOS (“Service”). These Terms of Use constitute a legal agreement (“Agreement”) between you and SAAMAYA FINANCE SARL, the publisher of the SAAMAYA SOFTPOS system (“we,” “us,” or “our”), a limited liability company based in Delaware, for the use of the SAAMAYA SOFTPOS Service. “You” or “Your” refers to any individual who registers for the Service, uses the Service, or, if the Service is used on behalf of an entity by an authorized individual, refers to that entity. If you do not agree with these terms, do not use the Service.

SAAMAYA reserves the right to update and modify this Agreement from time to time without notice or your acceptance. This Agreement also applies to trial use of the Service. By using the Service, you signify your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties.

2. Description of the Service

The Service includes a website allowing you to access and use a single SAAMAYA SOFTPOS account, supported by SAAMAYA SOFTPOS. “SAAMAYA SOFTPOS” refers to the server-based SAAMAYA SOFTPOS software, a module of SAAMAYA FINANCE. A “SAAMAYA SOFTPOS Account” or “Account” refers to a website provided by SAAMAYA SOFTPOS in exchange for your payments, where you can use SAAMAYA SOFTPOS to create, update, share, and publish information, data, text, software, messages, or other materials (“Content”).

“Support” refers to SAAMAYA SOFTPOS technical support, available via email and phone during normal business hours. SAAMAYA SOFTPOS explicitly does not provide phone support outside regular business hours. The Service is not designed or authorized for use in hazardous environments requiring fail-safe controls, such as nuclear facilities, air navigation or communication systems, air traffic control, life support, or weapons systems.

Unless explicitly stated otherwise, any new features enhancing the Service, including new tools and resources, are subject to this Agreement. To use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any associated service fees. You must also provide all necessary equipment, including a computer, modem, or other access devices. The Service may include communications from SAAMAYA SOFTPOS, such as service announcements, administrative messages, or alerts, which are considered part of the Service and cannot be opted out of.

You agree not to access the Service through means other than the interfaces provided by SAAMAYA SOFTPOS. SAAMAYA SOFTPOS may modify the Service’s functionality at its sole discretion without prior notice.

3. Registration

To use the Service, you must have a valid Account. To acquire an Account, you must provide SAAMAYA SOFTPOS with an email address, phone number, and other information (“Registration Data”). You will choose an account designation during the registration process. You are responsible for maintaining the confidentiality of your account access data and are fully responsible for all activities under your Account.

You agree to: (a) immediately notify SAAMAYA SOFTPOS of any unauthorized use of your Account or any security breach, and (b) ensure you log out of your Account at the end of each session. SAAMAYA SOFTPOS is not liable for any loss or damage resulting from your failure to comply with this section.

In consideration of using the Service, you agree to: (a) provide true, accurate, current, and complete information as requested in the registration form, and (b) promptly update the Registration Data to keep it true, accurate, current, and complete. SAAMAYA SOFTPOS is not obligated to verify this information. If you provide false, inaccurate, outdated, or incomplete information, or if SAAMAYA SOFTPOS has reasonable grounds to suspect so, SAAMAYA SOFTPOS may suspend or terminate your Account and refuse current or future use of the Service. If you register for a free trial, you must complete the registration process, and if under 18, a parent or guardian must review and complete it on your behalf.

4. Billing/Payment Terms

During the first 14 calendar days after registration (“Trial Period”), SAAMAYA SOFTPOS provides the Service free of charge for an unlimited number of “Users” (usernames defined by you, associated with specific individuals with email addresses and passwords who can access your Account). You may, but are not required to, provide credit card information during registration or the Trial Period. Credit cards are the only payment mechanism SAAMAYA SOFTPOS accepts for monthly subscription fees (“Subscription Fees”). All monetary references are in U.S. dollars.

You may define Users as “Inactive Users” (without access to your Account) or “Active Users” (authorized to log in with a password). Before or at the end of the Trial Period, you must choose to discontinue the Service or switch to a paid Account. For a paid Account, you will pay monthly fees based on the modules selected in your subscription, as displayed on the SAAMAYA SOFTPOS website (www.saamayaSOFTPOS.com), subject to change. The base monthly fees include access for a specified number of Users per plan per calendar month, based on local time in Mansfield, TX, USA. The number of Active Users for calculating Subscription Fees is the highest simultaneous number of Active Users on your Account in the prior month.

At the end of the Trial Period, SAAMAYA SOFTPOS will terminate access unless credit card payment information is received and processed for the first Subscription Fee payment. For a paid Account, you must provide credit card information, which will be charged at the Trial Period’s end and on the same date each subsequent month. Fees are charged even if you do not use the Service, but you may cancel your Account at any time.

Your credit card will be automatically charged on your renewal date. You agree that SAAMAYA SOFTPOS may charge your credit card for all amounts owed on a monthly basis or upon cancellation. SAAMAYA SOFTPOS will notify you of each charge via email and may change prices without notice, striving to provide reasonable notice via your Account or email. If SAAMAYA SOFTPOS cannot collect Subscription Fees, it may take necessary actions to collect, and you are responsible for related costs, including collection fees, court costs, and attorney fees.

If a chargeback is initiated, your Account will be suspended until resolved. SAAMAYA SOFTPOS provides support, including upgrades, at no additional cost. You are responsible for all taxes related to the Service, except those based on SAAMAYA SOFTPOS’s net income, including penalties, interest, and professional fees.

5. Termination, Breach, Suspension, and Cancellation

If your Subscription Fees are overdue, or if the Trial Period expires without payment for a paid Account, SAAMAYA SOFTPOS may disable your and your Users’ access. If fees are overdue by more than 30 days or the Trial Period expired over 30 days ago without payment, SAAMAYA SOFTPOS may suspend or terminate your Account. SAAMAYA SOFTPOS may also terminate the Service, this Agreement, or your Account at its sole discretion at any time. Upon suspension or termination, your Account will be deactivated, and you cannot access your Account or its Content. SAAMAYA SOFTPOS may delete your Content, though residual copies may remain for backup purposes. SAAMAYA SOFTPOS may also reassign your Account’s public web address.

You may cancel your Account via the SAAMAYA SOFTPOS website, by emailing support@saamayaSOFTPOS.com, or by phone. Upon cancellation, SAAMAYA SOFTPOS will make reasonable efforts to delete your Content and files if requested. Otherwise, Content is deleted 30 days after service expiration.

6. Refunds

You may cancel your Account via the Account Information section of the software or by emailing support@saamayaSOFTPOS.com. If you cancel within 30 days after the Trial Period and request a refund, SAAMAYA SOFTPOS will refund payments made within the prior 30 days. Payments made more than 30 days prior are non-refundable. For annual plans, refunds must be requested within 30 days of the subscription start date; after 30 days, payments are non-refunded.

7. Website Account Ownership and Security

You are responsible for maintaining the security of your Content and SAAMAYA SOFTPOS Account and for all activities under your Account, including those of your Users. You must immediately notify SAAMAYA SOFTPOS of any unauthorized use or security breach. SAAMAYA SOFTPOS is not liable for losses or damages from your failure to comply. SAAMAYA SOFTPOS is not responsible for any acts or omissions by you, including damages resulting from such acts or omissions. In case of an ownership dispute, SAAMAYA SOFTPOS may investigate business ownership, payment records, or other relevant information. For paid Accounts, the person or entity making payments is considered the owner.

8. Property Rights/Intellectual Property

SAAMAYA SOFTPOS and/or its suppliers retain ownership of all proprietary rights in the Service and associated trade names, trademarks, and service marks. You will not remove, deface, or obscure copyright, trademark, or other proprietary notices from SAAMAYA SOFTPOS or its suppliers. You are not permitted to reverse engineer, decompile, or reduce any Service-related software to a human-readable format. SAAMAYA SOFTPOS is a registered trademark of SAAMAYA SOFTPOS.

SAAMAYA SOFTPOS respects third-party intellectual property rights. If you believe your copyright has been infringed by Content on the platform, notify us with: (i) a signature of the authorized person; (ii) identification of the infringed work and sufficient information to locate it; (iii) your contact information; (iv) a good-faith statement that the use is unauthorized; and (v) a statement that the notification is accurate and you are authorized to act. Send notifications to: SAAMAYA FINANCE SARL, SAAMAYA SOFTPOS, Besseke – Bonaberi, contact@saamayafinance.com, Tel: +237 692 52 08 42, BP: 15025 Douala, Cameroon.

9. Privacy

You agree to SAAMAYA SOFTPOS’s Privacy Policy, available at https://www.saamayasoftpos.com/privacy-policy.

10. Export Restrictions

You acknowledge that the Service or parts thereof may be subject to U.S. export control laws. You will not export, re-export, divert, transfer, or disclose any part of the Service or related technical information in violation of applicable export laws or regulations.

11. Injunction

You acknowledge that any use of the Service contrary to this Agreement or any unauthorized transfer, sublicensing, copying, or disclosure of technical information or materials may cause irreparable harm to SAAMAYA SOFTPOS, its affiliates, suppliers, or authorized resellers. In such cases, they are entitled to equitable relief, including preliminary and permanent injunctions, without bond or security.

12. Compliance and Proper Use

You agree to comply with this Agreement and all applicable laws, including consumer privacy laws. You will not transfer, use, or export the Service in violation of any government laws or regulations. If using email features, you warrant that you have a current relationship with each recipient and have their permission to send emails. You are responsible for ensuring email use complies with applicable laws, such as the CAN-SPAM Act. You are solely responsible for PCI-DSS compliance, and any assistance provided by SAAMAYA SOFTPOS is without warranty or liability.

You are responsible for all Content you upload, post, transmit, or make available. SAAMAYA SOFTPOS does not control or guarantee the accuracy, integrity, or quality of Content and is not liable for any Content-related errors, omissions, or damages. SAAMAYA SOFTPOS may refuse or remove Content that violates this Agreement or is objectionable, without obligation to pre-screen Content.

You must not: (1) upload unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or hateful Content; (2) harm minors; (3) impersonate others; (4) falsify headers to disguise Content origin; (5) upload Content you have no right to transmit; (6) infringe intellectual property rights; (7) send unsolicited emails or spam; (8) upload malicious software; (9) interfere with the Service or connected networks; (10) violate applicable laws; (11) stalk or harass; (12) promote illegal activities; (13) sell items you lack authority to sell; (14) use the Account as a redirect service; or (15) exceed your subscribed Service scope.

13. General Practices Regarding Use and Storage

SAAMAYA SOFTPOS is not responsible for the deletion, failure to store, or transmission of Content or communications. SAAMAYA SOFTPOS may establish usage and storage limits at its discretion and disconnect inactive users after extended periods.

You agree not to: (1) upload malicious software; (2) interfere with or disrupt the Service or connected networks; (3) impose an unreasonable load on infrastructure; or (4) copy, reproduce, modify, or display SAAMAYA SOFTPOS’s website information (except your own) without prior written consent.

14. Service Content

SAAMAYA SOFTPOS is not responsible for third-party Content, including viruses, and has no obligation to monitor it. SAAMAYA SOFTPOS may remove or refuse to distribute Content that violates this Agreement and may access, read, preserve, or disclose information to comply with laws, enforce this Agreement, address fraud or technical issues, respond to user support requests, or protect its rights, property, or safety.

15. International Use

You agree to comply with local rules regarding online conduct and acceptable Content, including laws on technical data export from the U.S. or your country of residence.

16. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without SAAMAYA SOFTPOS’s express permission.

17. Your Representations and Warranties

You represent and warrant that: (a) all information provided to SAAMAYA SOFTPOS is accurate and current; and (b) you have all necessary rights, power, and authority to enter this Agreement and perform required acts.

18. No Warranties by SAAMAYA SOFTPOS

The Service is provided “as is.” SAAMAYA SOFTPOS, its affiliates, suppliers, and resellers disclaim all warranties beyond refunds, including merchantability, fitness for a particular purpose, non-infringement, or data storage on SAAMAYA SOFTPOS’s servers. No warranties are made regarding Service results, security, or meeting user requirements beyond refunds. You assume all risks related to Service use, security, or performance.

19. Indemnity

You agree to indemnify, defend, and hold harmless SAAMAYA SOFTPOS, its affiliates, officers, directors, employees, consultants, agents, suppliers, and resellers from any third-party claims, liabilities, damages, or costs (including attorney fees) arising from your Service use, Account use, violation of this Agreement, or infringement of any intellectual property or other rights.

20. Service Modifications

SAAMAYA SOFTPOS may modify or discontinue the Service, temporarily or permanently, with or without notice. SAAMAYA SOFTPOS is not liable for any modification, suspension, termination, or discontinuation.

21. No Agency

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is created by this Agreement.

22. Limitation of Liability

SAAMAYA SOFTPOS, its affiliates, suppliers, or resellers are not liable for any special, incidental, indirect, exemplary, or consequential damages, including loss of profits, business interruption, or data loss, arising from Service use or inability to use it, under any legal theory. SAAMAYA SOFTPOS’s maximum cumulative liability is limited to the amount you paid for the Service in the prior 12 months.

23. Waiver and Severability

Failure to exercise any right or enforce any provision is not a waiver. If any provision is found illegal, invalid, or unenforceable, it will be modified to achieve the same economic effect, and the remaining Agreement remains in effect.

24. Statute of Limitations

Any claim or cause of action related to the Service or this Agreement must be filed within one year, or it is permanently barred.

25. Choice of Law

This Agreement is governed by Delaware law, without regard to conflict of law principles. Disputes are subject to the exclusive jurisdiction of Delaware state or federal courts. Both parties waive any right to a jury trial.

26. Entire Agreement/General Provisions

This Agreement constitutes the entire agreement between the parties, superseding prior agreements. SAAMAYA SOFTPOS may modify these terms by posting updates on its website. The English version of this Agreement prevails. All SAAMAYA SOFTPOS rights and remedies are cumulative. Notices may be sent via email or mail, and the Service may provide notices of changes or other matters. All notices to SAAMAYA SOFTPOS must be sent to support@saamayasoftpos.com or SAAMAYA FINANCE SARL, SAAMAYA SOFTPOS, BP 15025 Douala, Cameroon.