Terms of service

1.About these terms

These terms of service govern your use of the TopDuka website at topduka.com, the TopDuka dashboard, point of sale, storefronts and related services (together, “TopDuka” or “the service”). “We”, “us” and “our” mean TopDuka. “You” means the person or business that creates a TopDuka account.

By creating an account, or by signing in with a third-party account such as Google, you agree to these terms and to our privacy notice. If you are accepting on behalf of a business, you confirm that you have the authority to bind that business.

People who buy from your storefront or at your counter are your customers, not ours. Your own terms and policies govern your sales to them.

2.Your account

You must be at least 18 years old and able to form a binding contract to open an account. The information you give us must be accurate and kept up to date.

You are responsible for everything that happens under your account, including what your staff do with the access you give them. Keep your password, staff access codes and connected accounts secure, and tell us promptly at legal@topduka.com if you believe your account has been compromised.

3.Signing in with Google

You can create or sign in to your TopDuka account with your Google account instead of a password. When you choose Sign in with Google, Google asks for your permission to share basic profile information with us.

• We request only the basic sign-in permissions: your name, email address, profile picture and a Google account identifier.
• We use this information only to create your account, sign you in, show your name and picture in the dashboard, and contact you about your account.
• We never receive or store your Google password, and we do not access your Gmail, Google Drive, contacts, calendar or any other Google data.
• We handle information from Google as described in our privacy notice and in line with the Google API Services User Data Policy, including its Limited Use requirements.

Your Google account itself is governed by Google’s own terms and privacy policy, and keeping it secure is your responsibility. You can remove TopDuka’s access at any time from your Google account connections. If you do, set a password in TopDuka first so you can still sign in.

4.Plans, billing and fees

Starter and Pro are billed monthly, in advance, in Kenyan shillings (KES). Prices are shown on our pricing page and exclude applicable taxes, which are added where required. Enterprise pricing and terms are agreed with you in writing.

TopDuka charges 0% per transaction on every plan. Payment providers such as M-Pesa, Paystack, Flutterwave, Pesapal and Stripe set and charge their own fees under their own terms.

Each plan includes the limits shown on the pricing page, such as products, staff accounts and locations. If you need more, you can move to a higher plan.

We may change our prices by giving you at least 30 days’ notice. A price change never applies to a billing period you have already paid for. If a payment fails, we will tell you and may limit paid features until it is resolved.

5.Free trial

Starter and Pro include a 14-day free trial of the plan you select. No card is required to start, and nothing is charged automatically when the trial ends.

If you do not subscribe by the end of the trial, your storefront may be unpublished and access to paid features paused. We keep your account data for at least 30 days afterwards so you can subscribe and pick up where you left off.

6.Changing plan and cancelling

To change plan, contact support from the billing page and we will move your store to the plan you choose.

You can cancel at any time from your billing settings. Cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then. We do not refund partial billing periods unless the law requires us to.

7.Payments you take

You connect your own accounts with payment providers to take payments on your storefront and at your counter. Money from your sales is paid into your provider account; TopDuka does not hold your sales proceeds.

Your use of each payment provider is governed by that provider’s terms. You are responsible for your prices, taxes, receipts, refunds, chargebacks and meeting consumer protection law in the markets where you sell.

8.Your content and your customers’ data

Your products, photos, text, customer records and order history remain yours. You give us a limited licence to host, copy, process and display that content only as needed to run and improve the service for you.

You are responsible for having the rights to what you upload, and for the accuracy of the prices and descriptions your customers rely on. When we process your customers’ personal data, we do so on your behalf and as described in our privacy notice. You are responsible for having a lawful basis to collect it and for telling your customers how you use it.

9.Acceptable use

You must not use TopDuka to:

• sell goods or services that are illegal where you sell them, or that you do not have the right to sell;
• mislead or defraud customers, or process payments for anyone other than your own business;
• send messages or marketing that recipients have not agreed to receive;
• upload malware, or attempt to break, overload, scrape or gain unauthorised access to the service or other shops on it;
• infringe anyone’s intellectual property, privacy or other rights.

We may remove content or suspend an account that breaks these rules or puts others at risk. Where it is safe and lawful to do so, we will tell you first and explain what the problem is.

10.Our service and intellectual property

TopDuka, including our software, designs, themes, templates and brand, belongs to us or our licensors. We give you a non-exclusive, non-transferable right to use the service for your business while your account is active. You may use themes and templates only on TopDuka storefronts.

If you send us ideas or feedback, we may use them without any obligation to you.

11.Third-party services

TopDuka lets you connect services run by other companies, such as Google, WhatsApp, social media platforms, payment providers and your domain registrar. Those services are governed by their own terms and privacy policies. We are not responsible for them, and they may change or stop working in ways we cannot control.

12.Availability and changes

We work hard to keep TopDuka available and secure, but we do not promise that the service will be uninterrupted or error-free. Enterprise customers may agree a service level with us in writing.

We improve TopDuka continuously and may add, change or remove features. If we remove a feature that is central to your plan, we will give you reasonable notice.

13.Suspension and termination

We may suspend or close an account that seriously or repeatedly breaks these terms, fails to pay, or creates legal or security risk for us or others. Where it is safe and lawful, we will give you notice and a chance to fix the problem first.

After your account is closed, you can ask us to export your data for 30 days. After that we delete or anonymise it, except where we must keep records by law.

14.Disclaimers and liability

Except as expressly set out in these terms, the service is provided “as is” and “as available”, to the extent the law allows.

To the extent the law allows, we are not liable for indirect or consequential loss, such as lost profits, revenue or data. Our total liability for any claim relating to the service is limited to the fees you paid us in the 12 months before the claim.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud, or for death or personal injury caused by negligence.

15.Your responsibility for claims

If a third party brings a claim against us because of your products, your content, your dealings with your customers or your breach of these terms, you agree to cover the reasonable costs and losses we incur as a result.

16.Changes to these terms

We may update these terms from time to time. If a change is material, we will tell you in the dashboard or by email at least 30 days before it takes effect. If you keep using TopDuka after that, the updated terms apply. If you do not agree, you can cancel before they take effect.

17.Governing law

These terms are governed by the laws of Kenya, and the courts of Kenya have jurisdiction over any dispute, unless a mandatory consumer protection law in your country gives you the right to bring a claim where you live.

18.Contact

Questions about these terms can be sent to legal@topduka.com. For help with your account, contact support.