{"success":true,"data":{"id":"terms-of-service","slug":"terms-of-service","document_type":"TERMS_OF_SERVICE","title":"SmartBooks POS Terms of Service","summary":"These Terms of Service govern the subscription, licensing, offline edge synchronization, electronic fiscal device monitoring, hardware integration, and operational use of SmartBooks POS systems.","content":"
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1. Acceptance of Terms & Eligibility<\/h2>\n

These Terms of Service (\"Terms\") constitute a legally binding agreement between SmartBooks POS Technologies Ltd.<\/strong> (\"SmartBooks\", \"we\", \"us\", or \"our\") and the legal entity or individual (\"Merchant\", \"Customer\", or \"You\") subscribing to, installing, accessing, or utilizing the SmartBooks POS software suite, APIs, desktop applications, mobile apps, and cloud services.<\/p>\n

By registering an account, deploying our edge sync daemon, installing desktop or mobile apps, or accessing the M-Web Backoffice portal, you confirm that you have full legal authority to bind your organization to these Terms. If you do not agree to these Terms, you must immediately discontinue use of the platform.<\/p>\n<\/section>\n\n

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2. Description of Services & License Grant<\/h2>\n

SmartBooks provides an integrated retail, wholesale, hospitality, and logistics software suite comprising:<\/p>\n

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  • Cloud-hosted multi-tenant management portal and API engine.<\/li>\n
  • Windows Desktop POS software (MPOS-DESKTOP-APP) featuring Supermarket and Bar\/Restaurant workflows.<\/li>\n
  • Cross-platform Mobile POS applications (Flutter \/ Dart).<\/li>\n
  • Edge Local Synchronization Daemon (smartbooks_offline_sync_local_server).<\/li>\n
  • EFD\/VFD fiscal receipts integration and monitoring background services.<\/li>\n
  • Mercury telephony, SMS reconciliation, field site visits, and global courier logistics subsystems.<\/li>\n <\/ul>\n

    Subject to your active subscription and compliance with these Terms, SmartBooks grants you a non-exclusive, non-transferable, revocable license to access the cloud services and install client applications on authorized company hardware solely for your internal business operations.<\/p>\n<\/section>\n\n

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    3. Account Security & Merchant Responsibilities<\/h2>\n

    Merchants are responsible for maintaining complete governance over their tenant environment:<\/p>\n

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    • Credential Safeguarding:<\/strong> You must safeguard all administrator, cashier, and API credentials. You are solely liable for all activities occurring under your credentials.<\/li>\n
    • Role-Based Access Control:<\/strong> You are responsible for properly scoping cashier, supervisor, and accountant permissions using our RBAC settings to prevent unauthorized discounts, voids, or cash drawer manipulations.<\/li>\n
    • Accurate Business Configuration:<\/strong> You must ensure that entity tax numbers (TIN, VRN), branch locations, price matrices, and currency conversions are configured accurately.<\/li>\n <\/ul>\n<\/section>\n\n
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      4. Offline Trading, Hardware & Edge Sync Disclaimer<\/h2>\n

      While SmartBooks POS is engineered with state-of-the-art offline resilience to allow uninterrupted trading during network blackouts:<\/p>\n

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      • Synchronization Duty:<\/strong> The Merchant is obligated to connect edge terminals to the internet on a regular basis to ensure offline invoices, inventory deductions, and shifts synchronize with the cloud ledger.<\/li>\n
      • Hardware & Local Database Integrity:<\/strong> Merchants are solely responsible for local PC operating systems, power backup (UPS), network infrastructure, barcode scanners, and printer peripherals. SmartBooks is not liable for data loss caused by hard disk failure, local database tampering, operating system crashes, or unbacked-up on-premise hardware.<\/li>\n
      • Edge Daemon Constraints:<\/strong> Merchants must not modify, decompile, or execute unauthorized database migrations against local edge databases or sync services.<\/li>\n <\/ul>\n<\/section>\n\n
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        5. Fiscal Device Compliance & Statutory Tax Obligations<\/h2>\n

        SmartBooks provides connectivity bridges for Electronic Fiscal Devices (EFD) and Virtual Fiscal Devices (VFD) to assist with regulatory compliance (including Tanzania Revenue Authority \/ TRA mandates):<\/p>\n

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        • Merchant Tax Liability:<\/strong> SmartBooks is a software provider and does not act as your tax consultant or legal representative. The Merchant remains solely and strictly liable for correct VAT declarations, accurate fiscal receipt issuance to customers, and compliance with statutory filing deadlines.<\/li>\n
        • Zero Tampering Warranty:<\/strong> Any attempt to forge, modify, bypass, or tamper with fiscal output text logs or device counters is a material breach of this Agreement and may subject the violator to immediate termination and statutory prosecution.<\/li>\n <\/ul>\n<\/section>\n\n
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          6. Cellular Telephony, Call Recording & SMS Forwarding<\/h2>\n

          Where Merchants deploy Mercury SMS or Mercury Call forwarder applications on Android devices:<\/p>\n

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          • Statutory Consent:<\/strong> The Merchant explicitly warrants and represents that it has complied with all applicable labor, wiretapping, and telecommunications laws by providing conspicuous, binding notice to employees and callers that calls are subject to audio recording and quality monitoring.<\/li>\n
          • Sole Purpose:<\/strong> Financial SMS forwarding features must be utilized exclusively on company-owned SIM cards designated for enterprise mobile money reconciliation.<\/li>\n
          • Indemnity:<\/strong> Merchant agrees to defend, indemnify, and hold harmless SmartBooks against any regulatory penalties, employee grievances, or civil claims arising from unauthorized interception or recording.<\/li>\n <\/ul>\n<\/section>\n\n
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            7. Subscription Packages, Fees & Billing<\/h2>\n

            Access to SmartBooks POS services is provided on a subscription basis (Monthly, Quarterly, or Annually) according to your active package tier (Launch, Growth, Enterprise, or Custom):<\/p>\n

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            • Payment Terms:<\/strong> Fees are payable in advance in the agreed billing currency (e.g., TZS or USD). Subscription fees are non-refundable once the billing cycle commences.<\/li>\n
            • Service Suspension:<\/strong> SmartBooks reserves the right to suspend cloud access, sync ingestion, or mobile API connectivity if accounts remain overdue past the specified grace period.<\/li>\n
            • Module Toggles:<\/strong> Specialized modules (Mercury Logistics, Call Logs, EFD Monitor, Room Booking) may require specific add-on licenses enabled through the Central Backoffice.<\/li>\n <\/ul>\n<\/section>\n\n
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              8. Intellectual Property & Data Ownership<\/h2>\n
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              • SmartBooks Ownership:<\/strong> All proprietary software, database architectures, APIs, compiled desktop binaries, mobile packages, UI designs, brand marks, and documentation belong exclusively to SmartBooks POS Technologies Ltd.<\/li>\n
              • Merchant Data Ownership:<\/strong> The Merchant retains full and exclusive ownership of all commercial records, customer lists, sales ledgers, and inventory balances entered into the system. SmartBooks claims no intellectual property rights over merchant transactional data.<\/li>\n <\/ul>\n<\/section>\n\n
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                9. Warranties & Limitation of Liability<\/h2>\n

                TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SMARTBOOKS POS PLATFORM IS PROVIDED ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR UNINTERRUPTED ERROR-FREE OPERATION.<\/p>\n

                IN NO EVENT SHALL SMARTBOOKS POS TECHNOLOGIES LTD., ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA CORRUPTION, BUSINESS INTERRUPTION, OR TAX PENALTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<\/p>\n

                OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY THE MERCHANT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.<\/p>\n<\/section>\n\n

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                10. Term, Termination & Data Portability<\/h2>\n

                Either party may terminate this agreement with thirty (30) days' written notice upon completion of active contract terms. Upon termination:<\/p>\n