Last updated: November 6, 2025
Effective Date: March 15, 2024
Last Updated: September 10, 2024
1.1. Contractual Relationship
These Terms of Service (hereinafter referred to as "Terms") establish a legally binding agreement between you (either an individual or a single entity) and Biashara Books (hereinafter referred to as "we," "us," "our," or "Biashara Books"). These Terms govern your access to and utilization of the Biashara Books business management platform, including all associated software, features, and services.
1.2. Comprehensive Agreement
By registering for, accessing, or using any part of our Services, you unequivocally acknowledge that you have read, comprehended, and agree to be legally bound by all provisions contained within these Terms. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you possess the full authority to bind that entity to these Terms. Should you disagree with any portion of these Terms, you are expressly prohibited from using our Services and must discontinue use immediately.
1.3. Modifications and Updates
We reserve the exclusive right, at our sole discretion, to amend, modify, or replace these Terms at any time. We will provide notice of any material changes through our platform, via email, or by other reasonable means prior to the new terms taking effect. Your continued use of the Services following the effective date of any revised Terms constitutes your complete and irrevocable acceptance of the changes.
2.1. Core Definitions
For the purposes of these Terms, the following capitalized terms shall have the meanings ascribed to them below:
"Biashara Books," "we," "our," or "us" refers to the provider of the Services, including its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors.
"User," "you," or "your" denotes the individual, company, or other legal entity that registers for, accesses, or uses the Services, and, where applicable, its affiliates, employees, and permitted successors and assigns.
"Services" comprehensively encompasses all software-as-a-service (SaaS) offerings, including but not limited to: the Point of Sale (POS) software; Accounting and financial reporting modules; Payroll processing systems; Human Resource Management (HRM) tools; Customer Relationship Management (CRM) tools; Asset Management features; Inventory Management systems; all business automation features for sales, inventory, tax, and expense management; access to business insights, analytics, and system-generated reports; and any other features, content, or applications offered, now or in the future, by Biashara Books via https://biasharabooks.co.ke or any authorized mobile or desktop application.
"User Data" means all electronic data, information, text, content, and materials that you upload, submit, transmit, or store through your use of the Services, including but not limited to customer lists, transaction records, inventory data, employee information, financial records, supplier details, and any other business-related information.
"Subscription Plan" refers to the specific paid tier of service (e.g., Basic, Standard, Premium) you have selected, each with distinct features, limitations, and pricing, as detailed on our website and during the registration process.
"Confidential Information" includes any and all non-public information, technical data, trade secrets, know-how, business operations, pricing, marketing plans, and other proprietary information disclosed by either party to the other.
3.1. Eligibility Requirements
To be eligible to use our Services, you must meet the following criteria:
You are at least eighteen (18) years of age and possess the legal capacity to form a binding contract.
You have the full right, power, and authority to enter into these Terms on your own behalf or on behalf of the entity you represent.
Your use of the Services does not violate any applicable law, rule, or regulation in the Republic of Kenya or your local jurisdiction.
You are not a person barred from receiving services under the laws of the Republic of Kenya or other applicable jurisdiction.
3.2. Account Registration Process
To access the full suite of Services, you must complete the registration process by providing us with your current, complete, and accurate information as prompted by the official registration form. This includes, but is not limited to, your full legal name, a valid email address, your business name, contact details, and any other information reasonably requested by Biashara Books.
3.3. Account Security and Responsibilities
You are solely and entirely responsible for:
Maintaining the confidentiality and security of your account credentials, including your username and password. You must not share your login details with any third party.
All activities and actions that occur under your account, whether authorized by you or not. You agree to monitor your account to prevent any misuse.
Ensuring that all information provided during registration and thereafter is kept accurate, current, and complete at all times. You must promptly update your information via your account settings if any changes occur.
Notifying Biashara Books immediately upon becoming aware of, or suspecting, any unauthorized access to or use of your account or any other breach of security. You can contact us at support@biasharabooks.co.ke.
3.4. Account Verification and Control
Biashara Books reserves the right to verify the authenticity and accuracy of any information you provide. We may, at our sole discretion, suspend or terminate any account that provides false, inaccurate, or incomplete information. You acknowledge and agree that you maintain control over your User Data and are solely responsible for the consequences of sharing access to your account.
4.1. Core Service Modules
Biashara Books provides an integrated suite of cloud-based business management tools designed to automate, streamline, and optimize your business operations. The Services include, but are not limited to, the following detailed modules:
Point of Sale (POS): A comprehensive software solution for processing in-person and online sales transactions, managing customer receipts, handling returns and exchanges, tracking sales trends in real-time, and managing multiple payment types and terminals.
Accounting Module: A full-featured financial management system including a general ledger, accounts payable and receivable, bank reconciliation, financial statement generation (Profit & Loss, Balance Sheet, Cash Flow), tax calculation and reporting, budgeting, and multi-currency support.
Human Resource Management (HRM): Tools for maintaining detailed employee records, processing payroll including statutory deductions (NHIF, NSSF, PAYE), tracking employee attendance and working hours, managing leave requests and balances, and performance reviews.
Customer Relationship Management (CRM): A centralized system for managing all customer interactions, tracking sales leads and opportunities, managing marketing campaigns, maintaining customer communication histories, and analyzing customer behavior and sales pipelines.
Inventory Management: Advanced tools for tracking stock levels in real-time across multiple locations, managing suppliers and purchase orders, setting low-stock alerts, tracking product movement, and conducting stock takes.
Asset Management: Functionality for registering, tracking, and managing the depreciation, maintenance, and lifecycle of business assets, from computers and machinery to vehicles and furniture.
Business Analytics and Reporting: A powerful reporting engine that provides access to customizable, system-generated reports, interactive dashboards, and key business insights (KPIs) on sales performance, inventory turnover, profitability, and other critical business metrics.
4.2. Service Availability and Modifications
While we strive to maintain high service availability, we do not guarantee that the Services will be uninterrupted or error-free. We reserve the right, at any time and without liability, to modify, suspend, or discontinue any feature or functionality of the Services, temporarily or permanently, with or without notice, for maintenance, updates, or any other business reason.
5.1. Grant of License
Subject to your ongoing compliance with these Terms, Biashara Books grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your internal business purposes only during the term of your active subscription.
5.2. Comprehensive Prohibited Activities
You covenant and agree not to engage in, or permit any third party to engage in, the following activities:
Illegal and Fraudulent Activities: Using the Services for any purpose that is unlawful, fraudulent, deceptive, or in violation of any applicable local, national, or international law, regulation, or court order.
Harmful and Offensive Content: Uploading, posting, transmitting, or otherwise making available any User Data that is defamatory, obscene, pornographic, threatening, invasive of privacy, abusive, hateful, or that incites violence.
Data Integrity Violations: Knowingly submitting false, misleading, or fraudulent business data, including but not limited to creating fake invoices, manipulating financial reports, fabricating transaction records, or submitting inaccurate tax information.
Security Breaches: Attempting to probe, scan, or test the vulnerability of any system or network, or to breach any security or authentication measures. This includes any attempt to gain unauthorized access to the Services, other user accounts, computer systems, or networks connected to the Services.
Reverse Engineering: Decompiling, disassembling, reverse engineering, or otherwise attempting to discover the source code, object code, or underlying structure, ideas, algorithms, or know-how of the Services.
Commercial Exploitation: Copying, reproducing, distributing, renting, leasing, lending, selling, reselling, licensing, or otherwise exploiting the Services for any commercial purpose without our express written consent.
System Interference: Interfering with, disrupting, or placing an unreasonable load on the infrastructure of the Services or the networks connected to the Services, including via denial-of-service attacks, flooding, or spamming.
Impersonation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
5.3. Enforcement and Consequences
We reserve the right, but not the obligation, to investigate any potential violation of this Acceptable Use Policy. Any breach of this policy may result in, at our sole discretion: immediate temporary or permanent suspension of your access to the Services; termination of your account; and/or legal action. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
6.1. Subscription Fees and Billing Cycles
Access to the premium features of the Services requires payment of a recurring subscription fee. The specific fees, billing cycles (monthly, quarterly, annually), and features associated with each Subscription Plan are explicitly detailed on our website at https://biasharabooks.co.ke and are incorporated into these Terms by reference.
6.2. Prepayment Requirement
All subscription plans are prepaid. Payment for the entire chosen billing cycle must be received in full and cleared before access to the corresponding paid Services is activated or renewed. You authorize Biashara Books and its authorized payment processors to automatically charge the provided payment method at the beginning of each billing cycle.
6.3. Payment Methods and Authorization
We accept payments through designated payment channels, which may include M-Pesa, Pesapal, credit/debit cards, and bank transfers. By providing a payment method, you represent and warrant that you are authorized to use that payment method and you authorize us to charge all subscription fees and any other charges incurred to that payment method.
6.4. Taxes
All fees quoted and charged are exclusive of any applicable taxes, levies, duties, or similar governmental assessments, including but not limited to Value Added Tax (VAT), sales tax, and withholding tax (collectively, "Taxes"). You are solely responsible for paying all Taxes associated with your purchases hereunder.
6.5. Consequences of Non-Payment
If we are unable to process your payment for a renewal, or if any payment is not received by the due date, we reserve the right to immediately suspend your access to the paid Services until payment is made in full. Accounts suspended for non-payment may be subject to a reactivation fee. Continued non-payment may lead to the termination of your account and the eventual deletion of your User Data as outlined in Section 6.6.
6.6. Data Retention and Deletion for Dormant Accounts
If a business account remains dormant (defined as no user logins and no active subscription) for a continuous period of three (3) months, Biashara Books reserves the right to classify it as dormant. We will provide a thirty (30) day written notice via email to the registered email address before initiating the data deletion process. After this notice period expires, all User Data associated with the dormant account may be permanently and irretrievably deleted from our live production systems and, eventually, from our backups.
6.7. Price Changes
We reserve the right to change our subscription fees at any time. We will provide you at least thirty (30) days' advance notice of any fee changes, posted on our website and/or sent via email to the primary account holder. Your continued use of the Services after the effective date of the price change constitutes your agreement to pay the new amount.
7.1. Ownership of User Data
You retain all right, title, and interest in and to your User Data. No ownership of your User Data is transferred to Biashara Books by virtue of these Terms. You are solely and exclusively responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all your User Data.
7.2. License Grant to Biashara Books
By uploading, submitting, or transmitting User Data to the Services, you grant Biashara Books a worldwide, non-exclusive, royalty-free, sublicensable (to our trusted third-party service providers and affiliates who assist in delivering the Services) license to host, use, process, copy, display, transmit, reformat, and distribute your User Data solely for the purposes of:
Providing, maintaining, and improving the Services for you.
Preventing or addressing service, security, support, or technical issues.
Generating anonymized, aggregated data that does not identify you or any individual, which we may use for our internal business purposes, including analytics and product improvement.
7.3. Your Data Responsibilities
You represent, warrant, and covenant that:
You own or have obtained all necessary licenses, rights, consents, and permissions to use and authorize Biashara Books to use all User Data in accordance with these Terms.
The User Data, and its use by Biashara Books as contemplated herein, does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or any applicable law or regulation.
You are solely responsible for securing and maintaining independent backups of your critical User Data. Biashara Books shall not be liable for any loss, corruption, or damage to User Data.
7.4. Data Privacy
Our collection, use, and disclosure of your personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that you have read and understood our Privacy Policy.
8.1. Biashara Books Proprietary Materials
The Services, including their entire contents, features, and functionality, are the exclusive property of Biashara Books, its licensors, or other providers and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes, but is not limited to:
All software, code, algorithms, and methodologies underlying the Services.
The visual and non-visual design, user interface, "look and feel," and layout of the platform.
All logos, trademarks, service marks, and trade names.
All documentation, training materials, and know-how related to the Services.
8.2. Restrictions on Use
You may not, and may not permit any third party to:
Copy, modify, create derivative works of, or publicly display the Services or any Biashara Books proprietary materials.
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without express written consent.
Use any meta tags or other "hidden text" utilizing Biashara Books' name or trademarks.
Use any manual or automated means, such as robots, spiders, or scrapers, to monitor, copy, or harvest data from the Services.
8.3. Feedback
If you provide Biashara Books with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby assign to Biashara Books all right, title, and interest in and to such Feedback. Biashara Books may use and incorporate this Feedback into the Services without any restriction or obligation to you.
9.1. Nature of Third-Party Services
The Services may contain features that enable integration with or access to third-party products, services, websites, or applications ("Third-Party Services"), such as:
Payment processors (e.g., M-Pesa, Pesapal).
SMS and communication gateways.
Government and regulatory bodies (e.g., Kenya Revenue Authority - KRA).
Shipping and logistics providers.
Other business software applications.
9.2. Disclaimer of Responsibility
Biashara Books provides these integrations for your convenience only. We do not endorse, and are not responsible or liable for, the content, functionality, accuracy, legality, availability, or practices of any Third-Party Services. Your access and use of any Third-Party Service is solely at your own risk and subject to the separate terms and conditions and privacy policies of the respective third-party providers.
9.3. Your Responsibility
You are solely responsible for:
Reviewing and complying with all terms and conditions governing any Third-Party Service you choose to connect to your Biashara Books account.
The security and proper configuration of any Third-Party Service integration.
Any exchange of data or other interaction between you and the third-party provider.
10.1. Termination by You
You may terminate your account and these Terms at any time for any reason by providing written notice to us at support@biasharabooks.co.ke and following any specified account closure procedures. Termination of your account will not relieve you of the obligation to pay any fees accrued or payable for the period prior to termination.
10.2. Termination or Suspension by Us
We may, at our sole discretion, suspend or terminate your access to the Services immediately, without prior notice or liability, under the following circumstances:
If you materially breach any provision of these Terms.
If you fail to pay any amount due on the required due date.
If we are required to do so by law or a regulatory authority.
If we believe your actions could cause legal liability or financial loss to us, other users, or our partners.
Upon our decision to discontinue the Services in whole or in part.
10.3. Effects of Termination
Upon termination of your account:
Your right to access and use the Services will cease immediately.
You must immediately cease all use of the Services and any Biashara Books proprietary materials.
You remain liable for all fees and charges incurred up to the effective date of termination.
We may, at our sole discretion, provide a limited-time grace period for you to download a copy of your User Data. After this period, we have the right, but not the obligation, to permanently delete all your User Data from our live systems. Data may persist in archived backups for a period consistent with our data retention policies and legal obligations.
10.4. Survival
Sections of these Terms that, by their nature, should survive termination will do so. This includes, but is not limited to, provisions on Intellectual Property, Limitation of Liability, Indemnification, Warranty Disclaimers, Governing Law, and this Survival section.
11.1. Exclusion of Indirect Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIASHARA BOOKS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
LOSS OF PROFITS, REVENUE, OR DATA.
LOSS OF BUSINESS OPPORTUNITIES OR GOODWILL.
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
BUSINESS INTERRUPTION.
ANY OTHER INTANGIBLE LOSSES.
ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THIS APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BIASHARA BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. Cap on Total Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF BIASHARA BOOKS AND ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO BIASHARA BOOKS FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.
11.3. Essential Basis
THE LIMITATIONS IN THIS SECTION 11 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BIASHARA BOOKS. BIASHARA BOOKS WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT SUCH LIMITATIONS.
12.1. "As Is" and "As Available"
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BIASHARA BOOKS EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY.
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT.
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
12.2. Specific Disclaimers
BIASHARA BOOKS DOES NOT WARRANT THAT:
THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS OR EXPECTATIONS.
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE.
ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED.
THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.3. Your Acknowledgment
YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICES AND RELY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES SOLELY AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICES.
13.1. Your Indemnification Obligation
You agree to defend, indemnify, and hold harmless Biashara Books, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, including but not limited to:
Your use of the Services, other than as expressly authorized in these Terms.
Your User Data and any claims that your User Data infringes, misappropriates, or violates a third party's intellectual property rights, privacy rights, or other rights.
Your violation of any applicable law, rule, or regulation.
Any other party's access and use of the Services with your unique credentials.
13.2. Indemnification Process
We will notify you promptly of any such claim, and we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of these claims. You will not settle any matter without our prior written consent.
14.1. Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.
14.2. Exclusive Jurisdiction
You irrevocably agree that the courts of the Republic of Kenya located in Mombasa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
14.3. Informal Dispute Resolution
Prior to initiating formal legal proceedings, both parties agree to attempt to resolve any dispute informally by contacting the other party through the notice details provided in these Terms and engaging in good faith negotiations for a period of at least thirty (30) days.
15.1. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by Biashara Books on the Services, constitute the sole and entire agreement between you and Biashara Books regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
15.2. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
15.3. Waiver
No waiver by Biashara Books of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Biashara Books to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4. Force Majeure
We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15.5. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Biashara Books' prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Biashara Books may freely assign or transfer these Terms without restriction.
15.6. Notices
Notices to you may be made via email to the address you provided during registration or through postings on the Biashara Books platform. We may also provide notices by displaying links to notices generally on the Service. Any notices to Biashara Books should be sent to the contact information provided in Section 16.
If you have any questions, concerns, or complaints regarding these Terms and Conditions, or if you need to provide any formal notice, please contact us through the following channels:
Biashara Books
Physical Address: Mwembe Tayari, Mombasa, Kenya
Phone: +254 792 430 508
Email: support@biasharabooks.co.ke
Website: https://biasharabooks.co.ke
We will make every effort to address your inquiry promptly and resolve any concerns in a fair and efficient manner.
