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Terms of Service

Your rights and responsibilities when using Sales Shark

Last updated: September 11, 2025

1. Introduction

Welcome to Sales Shark, a comprehensive business management system designed for retail stores, restaurants, and service businesses. By accessing or using our services, you agree to be bound by these Terms of Service ("Terms").

Sales Shark is operated by Optinet Limited, a company registered in Kenya. These terms govern your use of our point-of-sale system, inventory management, customer management, and all associated features.

Important: By using Sales Shark, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth below.

2. Service Description

Sales Shark provides a cloud-based business management platform that includes:

3. Account Registration and Security

3.1 Account Creation: You must provide accurate and complete information when creating your account. You are responsible for maintaining the confidentiality of your login credentials.

3.2 Tenant Isolation: Each business operates as a separate tenant with complete data isolation. You cannot access data from other tenants, and other tenants cannot access your data.

3.3 User Management: You are responsible for managing user accounts within your organization and ensuring appropriate access controls are maintained.

3.4 Security Obligations: You must immediately notify us of any unauthorized access to your account or security breaches.

4. Data Protection and Privacy

4.1 Data Ownership: You retain full ownership of all data you input into Sales Shark, including customer information, sales records, inventory data, and employee information.

4.2 Data Security: We implement industry-standard security measures to protect your data:

4.3 Data Processing: We process your data solely to provide our services. We do not sell, rent, or share your data with third parties except as necessary to operate the service or as required by law.

4.4 GDPR Compliance: For users in the European Union, we comply with the General Data Protection Regulation (GDPR) and provide data portability and deletion rights upon request.

Data Protection Guarantee: We commit to protecting your business data with the same level of security we use for our own confidential information. All employee access is logged and monitored.

5. Security and Hack Protection

5.1 Security Infrastructure: Our platform is built with security-first architecture:

5.2 Hack Protection Measures:

5.3 Security Incident Response: In the event of a security incident, we will:

Security Protection Guarantee

We guarantee comprehensive protection against security breaches and hacking attempts. Our security team monitors your system 24/7 and maintains cyber insurance to protect your business in the unlikely event of a successful attack.

6. Service Level Agreement (SLA)

99.9% Uptime Guarantee

We guarantee 99.9% uptime for our services, measured monthly. This translates to less than 45 minutes of downtime per month.

6.1 Uptime Definition: Uptime is measured as the percentage of time our services are available and accessible to users, excluding scheduled maintenance windows.

6.2 Scheduled Maintenance: We may perform scheduled maintenance during off-peak hours (typically between 2:00 AM and 6:00 AM EAT). We will provide at least 48 hours advance notice for any scheduled maintenance.

6.3 Service Credits: If we fail to meet our 99.9% uptime guarantee in any calendar month:

6.4 Emergency Response: Our technical team responds to critical system issues within 30 minutes, 24/7.

6.5 Infrastructure Redundancy: Our services run on redundant infrastructure across multiple data centers to ensure high availability and disaster recovery.

7. Payment Terms and Billing

7.1 Subscription Plans: We offer multiple subscription tiers with different features and user limits. All prices are displayed in Kenyan Shillings (KES) and exclude applicable taxes.

7.2 Billing Cycle: Subscriptions are billed monthly in advance. Payment is due within 7 days of invoice generation.

7.3 Free Trial: New customers receive a 14-day free trial with full access to all features. No credit card required for trial signup.

7.4 Late Payment: Accounts with overdue payments may be suspended after a 7-day grace period. Service will be restored immediately upon payment.

7.5 Refund Policy: We offer pro-rated refunds for unused subscription time if you cancel within the first 30 days of a new subscription.

8. Acceptable Use Policy

You agree not to use Sales Shark for:

Violation Consequences: Violations may result in account suspension or termination, with or without notice.

9. Data Retention and Backup

9.1 Data Backup: We perform automated daily backups of all customer data with 30-day retention for disaster recovery purposes.

9.2 Data Export: You can export your data in standard formats (CSV, JSON, PDF) at any time through our export features.

9.3 Account Termination: Upon account termination, we will retain your data for 90 days to allow for potential account reactivation. After this period, data is permanently deleted unless legally required to retain it longer.

9.4 Data Deletion: You can request immediate data deletion by contacting our support team. This action is irreversible.

10. Limitation of Liability

10.1 Service Warranty: While we strive to provide reliable service, we cannot guarantee that our services will be uninterrupted or error-free.

10.2 Liability Limits: Our total liability for any claims related to our services is limited to the amount you paid us in the 12 months preceding the claim.

10.3 Consequential Damages: We are not liable for indirect, incidental, or consequential damages including lost profits, business interruption, or data loss.

10.4 Force Majeure: We are not responsible for delays or failures due to causes beyond our reasonable control, including natural disasters, government actions, or network outages.

11. Termination

11.1 Termination by You: You may cancel your subscription at any time through your account settings or by contacting support.

11.2 Termination by Us: We may terminate accounts for violation of these terms, non-payment, or if required by law. We will provide 30 days notice when possible.

11.3 Effect of Termination: Upon termination, your access to the service will cease, but data will be retained for 90 days as described in our data retention policy.

12. Changes to Terms

We may update these terms periodically. We will notify you of significant changes by email and through in-app notifications. Continued use of our services after changes take effect constitutes acceptance of the new terms.

Minor changes may be made without notice, but we will always maintain the current version on our website with the "Last Updated" date.

Contact Information

If you have questions about these Terms of Service, please contact us:

Optinet Limited

Email: legal@salesshark.com

Support: support@salesshark.com

Phone: +254 796 374 224

Address: Nairobi, Kenya

Business Hours: Monday to Friday, 8:00 AM to 6:00 PM EAT

13. Governing Law

These terms are governed by and construed in accordance with the laws of Kenya. Any disputes will be resolved in the courts of Kenya.

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

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