Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) form a binding agreement between you and Flakes Digital Solutions regarding access to and use of Ecosys360 Retail & Ops Suite (“Ecosys360”, the “Service”), including websites, web applications, APIs, documentation, and related services we make available.

By creating an account, clicking to accept these Terms during signup or onboarding, or accessing the Service, you agree to these Terms on behalf of yourself and, if you are acting for an organisation, that organisation. If you do not agree, do not use the Service.

These Terms should be read together with our Privacy Policy, Cookie Policy, and Data Processing Addendum (where you process personal data of others in the Service).

Accepting these Terms electronically (for example by ticking the box at signup) creates a binding contract, as electronic records and signatures are recognised under the Kenya Information and Communications Act. You can view, download or print the current Terms at any time on this page.

2. Eligibility and authority

You must be at least 18 years old to create an account.

If you create a workspace or accept these Terms for a company or other entity, you represent that you have authority to bind that entity. In that case, “you” includes the entity.

3. Accounts and workspaces

You must provide accurate registration information and keep it up to date. You are responsible for safeguarding credentials and for all activity under your account and your organisation’s tenant workspace, except where caused by our breach of these Terms.

Notify us promptly at the support contact below if you suspect unauthorised access.

Creating a tenant workspace may require platform approval. Until approved, module access may be limited, read-only, or unavailable.

Administrators of a workspace control invitations, roles, and module configuration. We are not responsible for decisions made by your organisation’s admins inside the tenant.

4. The Service and modules

Ecosys360 provides multi-tenant business tooling that may include POS, catalog, inventory, accounting, HR, payroll, logistics, ecommerce, projects, and other modules as enabled for your plan or workspace.

Features, APIs, and module availability may vary by plan, region, configuration, or approval status. We may offer betas or preview features that are provided “as is” and may change or end without liability.

You are responsible for configuring the Service correctly for your business, including tax settings, pricing, user permissions, and compliance with laws that apply to your industry.

5. Your tax, payroll and record-keeping duties

Ecosys360 is a tool to help you run your business. It does not file returns or make statutory payments for you, and it does not replace an accountant or tax adviser.

You remain responsible for your own obligations to the Kenya Revenue Authority and other agencies — including VAT, KRA eTIMS invoicing, PAYE, NSSF, SHIF and the Affordable Housing Levy — and for checking that the figures the Service produces are correct before you rely on them.

KRA eTIMS integration is not yet available in the Service. Until we tell you it is live, you must issue eTIMS-compliant tax invoices through another KRA-approved method where the law requires it.

Kenyan law requires you to keep tax and employment records for set periods. Keep your own exports of those records; do not rely on the Service as your only copy.

6. Acceptable use

You agree to use the Service only for lawful business purposes and in accordance with these Terms. You must not:

• Use Ecosys360 for unlawful, fraudulent, deceptive, or abusive purposes
• Attempt to gain unauthorised access to systems, other tenants’ data, accounts, or networks, or otherwise commit an offence under the Computer Misuse and Cybercrimes Act, 2018
• Probe, scan, or test vulnerability of the Service except with our prior written permission
• Upload malware, ransomware, or other harmful code; or interfere with or overload infrastructure (including abusive scraping or denial-of-service activity)
• Circumvent rate limits, security controls, billing, or access restrictions
• Misrepresent your identity, affiliation, or the nature of your business
• Process sensitive personal data or children’s data without meeting the conditions of the Kenya Data Protection Act, 2019
• Use the Service to send spam or unlawful marketing communications
• Resell, sublicense, or provide the Service to third parties as a competing hosted offering without our written agreement

7. Your data and content

You (or your organisation) retain ownership of business data and content you upload or generate in your workspace (“Customer Content”), including products, sales, customers, employees, files, and similar materials.

You grant us a worldwide, non-exclusive, limited licence to host, copy, process, transmit, display, and back up Customer Content solely as needed to provide, secure, support, and improve the Service (including troubleshooting and abuse prevention).

You represent that you have all rights and consents needed to submit Customer Content and to grant the licence above, and that Customer Content does not infringe others’ rights or violate law.

You are responsible for the accuracy of data you enter and for backups you choose to export. We recommend regular exports of critical business records.

8. Privacy and data protection

Our processing of personal data is described in the Privacy Policy. Where you use Ecosys360 to process personal data of your customers, staff, or other individuals, the Data Processing Addendum applies and you act as controller (unless otherwise agreed in writing).

You must not use the Service in a way that causes us to violate applicable data-protection law.

9. Subscriptions, billing, trials, and taxes

Plans, prices and what each plan includes are shown on our pricing page and in the Service before you pay. Prices are in Kenya Shillings (KES) and include any VAT we are required to charge. We will give you at least 30 days’ notice of a price increase, which applies from your next billing period.

Subscriptions renew for the billing period you chose (monthly or yearly) until cancelled. You can cancel at any time by contacting us (or in your workspace billing settings where available); cancellation takes effect at the end of the period you have paid for, and you keep access until then.

Fees already paid are not refundable for a partly used period, except where we have failed to provide the Service as described, where these Terms say otherwise, or where the Consumer Protection Act, 2012 or other law gives you a right to a refund.

You authorise us and our payment providers (such as M-Pesa and Paystack) to collect the amounts due for the plan you choose. We send payment reminders from 3 days before an invoice is due. If it is still unpaid 3 days after the due date, your workspace is locked until you pay; your data is not deleted while it is locked.

We issue invoices and receipts electronically. Trial or promotional access may be limited in duration, features, or capacity and may be withdrawn if abused.

10. Third-party services and payments

The Service may integrate with third-party providers (for example mobile money such as M-Pesa via Safaricom Daraja, card processors such as Paystack, UMS Pay, or KCB PDQ, email/SMTP delivery, hosting, maps such as OpenStreetMap, analytics such as PostHog, and AI model providers for the optional assistant or briefing features). Your use of those providers may be subject to their terms.

AI-assisted outputs (Bee assistant, executive briefings, recommendations) are generated by model providers and are analytical support only — not professional accounting, legal, tax, payroll, or financial advice. You remain responsible for reviewing outputs and for any decisions based on them.

We are not responsible for outages, errors, or fees charged by third-party payment or messaging networks beyond our reasonable control. Transaction outcomes depend on those networks and on information you supply.

11. Availability, maintenance, and changes

We aim to provide a reliable Service but do not guarantee uninterrupted, error-free, or completely secure operation. Maintenance, upgrades, capacity limits, or events beyond our reasonable control (force majeure) may cause downtime or degraded performance.

We may modify, add, or remove features reasonably. If we discontinue the Service materially, we will provide reasonable notice where practicable and may offer a path to export Customer Content.

We will give you at least 14 days’ notice in the Service or by email before material changes to these Terms take effect. If you do not agree to a change, you may cancel before it takes effect and we will refund any fees you have paid for the period after the change. Continuing to use the Service after the change takes effect means you accept it.

12. Intellectual property

Ecosys360 software, APIs, branding, documentation, UI design, and related materials remain our intellectual property or that of our licensors. These Terms do not transfer ownership to you.

We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription or authorised access period, solely for your internal business operations.

You must not copy, modify, reverse engineer, or create derivative works of the Service except to the extent mandatory law prohibits such restriction.

Feedback, ideas, and suggestions you provide may be used by us to improve the product without obligation or compensation to you.

13. Confidentiality

Each party may receive non-public information from the other (“Confidential Information”). The receiving party will use it only to perform under these Terms and will protect it with reasonable care.

Confidential Information does not include information that is public through no fault of the receiver, independently developed, or rightfully received from a third party without duty of confidentiality. Disclosure may be made if required by law, with prior notice where legally permitted.

14. Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided “as is” and “as available”. We disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will meet your specific business or regulatory requirements, that results will be accurate or complete, or that defects will be corrected.

You are solely responsible for decisions you make based on data in the Service, including pricing, tax, payroll, and inventory decisions.

15. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our aggregate liability arising out of or relating to these Terms or the Service is limited to the fees you paid us for the Service in the three (3) months immediately before the claim (or zero if you are on a free plan or have paid no fees).

Nothing in these Terms excludes or limits liability that cannot be limited under Kenyan law — for example for fraud, for death or personal injury caused by negligence, or under the Kenya Data Protection Act, 2019 — or takes away rights you have under the Consumer Protection Act, 2012 that cannot be waived.

16. Indemnity

You will defend and indemnify us against claims, damages, and expenses (including reasonable legal fees) arising from Customer Content, your use of the Service in breach of these Terms, or your violation of law or third-party rights, except to the extent caused by our wilful misconduct.

17. Suspension and termination

You may stop using Ecosys360 at any time. Workspace admins may close a workspace in the Service or by contacting us.

We may suspend or end your access if you seriously breach these Terms, create a security risk to the Service or other customers, do not pay amounts due after reminders, provide false information, or if the law requires it. Except in urgent cases (such as a security threat or unlawful activity) we will warn you first and give you a reasonable chance to fix the problem.

When a workspace closes for any reason, you will have at least 30 days to export your data, unless the law prevents it. After that we delete or anonymise Customer Content as described in the Privacy Policy and Data Processing Addendum.

18. Governing law and disputes

These Terms are governed by the laws of Kenya.

If you have a complaint, contact us first at app.flakescapital@gmail.com or +254 717 053 207. We will acknowledge it within 3 working days and try to resolve it within 30 days.

If we cannot resolve it, either party may refer the dispute to the courts of Kenya sitting in Nairobi. This does not stop you from complaining to a regulator, such as the Office of the Data Protection Commissioner for data protection matters, or from using any other right you have under the Consumer Protection Act, 2012.

19. General

These Terms, together with the Privacy Policy, Cookie Policy, DPA (where applicable), and any order form, are the entire agreement regarding the Service and supersede prior agreements on the same subject.

If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Provisions that by nature should survive (including intellectual property, confidentiality, disclaimers, liability limits, and indemnity) survive termination.

20. Contact

Flakes Digital Solutions (business registration BN-MJS7ZA2M), Westend Towers, Chiromo Lane, Westlands, Nairobi, Kenya.

Questions about these Terms: app.flakescapital@gmail.com.

Last updated: 29 September 2026.