Terms of Service

Introduction

Welcome to InvoiceIQ. These Terms of Service ("Terms") govern your access to and use of the InvoiceIQ platform ("Service"), operated by InvoiceIQ ("we", "our", or "us").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Service. Please read these Terms carefully before using our platform.

Definitions

For the purposes of these Terms, the following definitions apply:

• "Service": The InvoiceIQ platform, including all features, functionalities, and related services for invoice creation, management, and payment processing.
• "User" or "Merchant": Any business or individual who registers for and uses the InvoiceIQ platform to create and send invoices, process payments, or manage customer communications.
• "Customer": End customers who receive invoices from Merchants through the InvoiceIQ platform and make payments for goods or services.
• "Daraja API": Safaricom's M-PESA Application Programming Interface, which enables integration with M-PESA payment services for STK Push and manual Paybill/Till transactions.

Account Terms

To use InvoiceIQ, you must create an account. By creating an account, you agree to the following:

• Eligibility: You must be a registered business or sole proprietor authorized to conduct business activities. The Service is intended for business use only and not for personal consumer transactions.
• Accurate Information: You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.
• One Account Per Business: Each business should maintain only one InvoiceIQ account. Creating multiple accounts for the same business entity is prohibited.

Use of Service

InvoiceIQ grants you a limited, non-exclusive, non-transferable license to use the Service subject to these Terms.

Payment Processing

InvoiceIQ integrates with Safaricom's M-PESA service through the Daraja API to facilitate payment processing. By using our payment features, you acknowledge and agree to the following:

• Daraja API Credentials: You are responsible for obtaining valid Daraja API credentials (consumer key and secret) from Safaricom and providing them to InvoiceIQ for payment processing.
• Shortcode Configuration: You must ensure your Paybill or Till number is properly registered and configured with Safaricom before using it on our platform.
• Transaction Accuracy: You are responsible for the accuracy of all invoices and payment requests initiated through the Service.
• Safaricom Terms: You must comply with Safaricom's terms of service and M-PESA merchant agreements. InvoiceIQ is not responsible for any issues arising from your relationship with Safaricom.
• Payment Settlement: Payments are processed and settled directly to your M-PESA account by Safaricom. InvoiceIQ does not hold or process funds on your behalf.

Invoicing

As a Merchant using InvoiceIQ to create and send invoices, you are responsible for:

• Invoice Accuracy: Ensuring all invoice details, including amounts, descriptions, and customer information, are accurate and complete.
• Legitimate Transactions: Only creating invoices for legitimate goods or services that you have provided or will provide to your customers.
• Dispute Resolution: Handling any disputes with your customers regarding invoiced goods or services, including refunds, credits, or adjustments. InvoiceIQ is not a party to transactions between you and your customers.

Customer Data

When using InvoiceIQ to manage customer information, you acknowledge and agree to the following obligations:

• Consent: You must have obtained appropriate consent from your customers to store and process their personal information, including phone numbers and email addresses, on the InvoiceIQ platform.
• Data Accuracy: You are responsible for ensuring the accuracy of customer information entered into the system.
• Communication Consent: You must ensure you have consent to send communications (WhatsApp messages, emails) to your customers through our platform.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of InvoiceIQ:

• Platform Ownership: InvoiceIQ owns all rights, title, and interest in and to the Service, including all software, designs, logos, trademarks, and content created by InvoiceIQ.
• Your Data: You retain ownership of all business data, customer information, and invoices you create using the Service. You grant InvoiceIQ a limited license to use this data solely to provide the Service to you.
• Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code.

Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied:

• No Guarantee of Uptime: We do not guarantee that the Service will be available at all times or without interruption. We may perform maintenance or experience outages that affect availability.
• Third-Party Services: We are not responsible for any issues, outages, or errors in third-party services including M-PESA, Safaricom, WhatsApp, or email providers that may affect the Service.
• No Financial Advice: InvoiceIQ does not provide financial, tax, or legal advice. You are responsible for your own business and tax compliance.

To the fullest extent permitted by law, InvoiceIQ disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by applicable law:

• Exclusion of Damages: InvoiceIQ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.
• Cap on Liability: Our total liability for any claims arising out of or relating to the Service shall not exceed the amount you have paid to InvoiceIQ in the twelve (12) months preceding the claim.
• Payment Disputes: We are not liable for any disputes, losses, or damages arising from payment transactions between you and your customers or between you and Safaricom.

Indemnification

You agree to defend, indemnify, and hold harmless InvoiceIQ and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of and access to the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Disputes between you and your customers
• Your violation of any applicable laws or regulations
• Any content or data you submit or transmit through the Service

Termination

Either party may terminate the use of the Service under the following conditions:

• Termination by You: You may terminate your account at any time by contacting us. Upon termination, you will lose access to the Service and your data.
• Termination by Us: We may terminate or suspend your account immediately, without prior notice, if you breach these Terms, engage in fraudulent or illegal activity, or if required by law.
• Inactivity: We reserve the right to terminate accounts that have been inactive for an extended period, after providing reasonable notice.
• Effect of Termination: Upon termination, your right to use the Service ceases immediately. We may retain certain data as required by law or for legitimate business purposes.
• Data Retention: Following termination, we will retain your data for a reasonable period to allow you to retrieve it. After this period, your data may be permanently deleted.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion:

• Notification: We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you via email.
• Review Period: We will provide reasonable notice before material changes take effect, allowing you to review the updated Terms.
• Continued Use: Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

We encourage you to periodically review these Terms for any changes. If you do not agree to the modified Terms, you should discontinue use of the Service.

Contact Information

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