Terms of Service

Effective Date: 20 May 2026 • Last Updated: 20 May 2026

These Terms of Service (“Terms”) govern access to and use of HakiqaDuka and related software, websites, support services, onboarding services, and subscription-based business tools provided by Blackpaw Innovations Company (“Blackpaw,” “we,” “us,” or “our”).

By registering, subscribing to, or using HakiqaDuka, you confirm that you have read, understood, and agreed to these Terms. If you accept on behalf of a company or other entity, you represent that you have authority to bind that entity.

1. Contract Formation and Acceptance

These Terms form a binding agreement once any of the following occurs:

You complete registration or onboarding
You click to accept these Terms
You subscribe to or pay for the service
You access or use the service after receiving notice of these Terms

Electronic acceptance, digital records, and electronic communications may be used to evidence contract formation, subject to the Kenya Information and Communications Act and applicable Kenyan law.

2. Eligibility

You must be legally capable of entering a binding agreement
You must provide accurate onboarding and account information
You must use the service for lawful business purposes
Your selected package must match your actual business usage

3. The Service

HakiqaDuka is a subscription-based business software service that may include:

Account and user management
Sales and stock workflows
Reporting and analytics
Billing and subscription management
Support and onboarding
Integrations, APIs, and related business tools

We may improve, modify, or update the service over time, provided such changes do not unlawfully deprive you of the essential contracted service without notice or justification.

4. Customer Responsibilities

Provide accurate and complete information
Keep credentials confidential and manage authorised user access
Maintain your own source-data backups where appropriate
Use the service only for lawful and authorised business purposes
Review migrated or imported data promptly
Notify Blackpaw promptly of security incidents or unauthorised access

5. Accounts, Credentials, and Security

You are responsible for managing user credentials issued to your business, except where an issue is caused directly by Blackpaw’s negligence or breach.

Blackpaw may require or introduce security controls including:

Password requirements and multi-factor authentication
PIN-based approval for sensitive actions
Session timeout and device-verification controls
Suspicious-login review and device recognition

Where Blackpaw provides administrative or support access, that access is used only for legitimate onboarding, support, recovery, maintenance, or security purposes and is subject to internal authorisation and logging controls.

6. Subscription, Billing, and Payment

HakiqaDuka may be offered on monthly, annual, or other agreed billing cycles.

You agree to:

Pay all applicable subscription and implementation fees on time
Use only authorised payment channels
Keep billing details accurate and current

Blackpaw may:

Suspend access for non-payment after a 7-day grace period following notice
Reactivate service after payment confirmation
Revise prices for future billing periods with 30 days’ written notice
Charge separately for out-of-scope onboarding, migration, or customisation work

7. Data Migration and Onboarding

Where Blackpaw provides migration, setup, or onboarding assistance, that work is subject to agreed scope and delivery conditions. Unless separately contracted:

You must provide accurate and complete source data
You must validate migrated data within the agreed review period
Blackpaw is not liable for errors caused by inaccurate or incomplete source data
Expanded migration scope may attract additional fees

8. Acceptable Use

You may not use HakiqaDuka to:

Break the law or infringe intellectual property or privacy rights
Circumvent licensing, branch, user, or package restrictions
Interfere with platform security, availability, or integrity
Attempt unauthorised access to accounts, systems, or data
Upload malicious code or abusive content
Conduct fraudulent, deceptive, or harmful activity

9. Data Ownership

Business data you input into the service remains your data, subject to the rights necessary for Blackpaw to host, process, support, secure, and back up the service in accordance with contract and law. Blackpaw does not acquire ownership of your business data merely by hosting it.

10. Privacy and Data Protection

Use of the service is also governed by the HakiqaDuka Privacy Policy, Cookie Policy, and any applicable data processing schedule. Each party shall comply with applicable data-protection obligations, including the Kenya Data Protection Act, 2019.

11. Intellectual Property

Blackpaw and its licensors retain all rights in the service, software, documentation, branding, and related intellectual property, except for customer-owned data and customer-owned materials supplied by the customer. You may not copy, reverse-engineer, resell, or sublicense the service beyond the granted subscription rights.

12. Support and Availability

Support levels, response targets, and maintenance expectations are described in our Service Level Agreement. Unless expressly stated otherwise in writing, no absolute uptime guarantee is given.

13. Suspension and Termination

Blackpaw may suspend or terminate access where:

Fees remain unpaid after notice and the applicable grace period
You materially breach these Terms
The service is being used unlawfully or abusively
Continued access would create legal, regulatory, or security risk

You may terminate by giving notice in accordance with the applicable billing terms. Termination does not remove obligations accrued before termination.

14. Data Retention After Termination

Following cancellation or termination, Blackpaw retains data for up to 60 days for recovery, billing, dispute handling, and compliance purposes, after which data is deleted, anonymised, or archived in accordance with our Privacy Policy and applicable law.

15. Warranties

Blackpaw will provide the service using reasonable skill and care. Except as expressly stated in writing, the service is provided on an “as available” basis. We do not warrant that the service will be uninterrupted, error-free, or suitable for every business scenario.

16. Limitation of Liability

To the fullest extent permitted by law:

Blackpaw is not liable for indirect, incidental, special, or consequential losses
Blackpaw is not liable for losses arising from inaccurate data entry, misuse by your personnel, internet outages, or events outside Blackpaw’s reasonable control
Blackpaw’s aggregate liability shall not exceed the fees paid for the affected service period in the 12 months preceding the claim

Nothing in these Terms excludes liability that cannot lawfully be excluded, including for fraud or liability that mandatory Kenyan law does not permit to be limited. Your statutory rights under the Consumer Protection Act, 2012 are not affected.

17. Force Majeure

Blackpaw is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, internet failures, regulatory action, or major third-party platform failures.

18. Communications

You agree that Blackpaw may send service-related notices, billing notices, security alerts, and contractual notices by email, in-product notice, WhatsApp, SMS, or other reasonable business channels used in your account relationship. Marketing communications are subject to applicable privacy law and opt-out rights.

19. Changes to These Terms

We may update these Terms from time to time. If a change materially affects your rights, we will provide at least 30 days’ notice before the change takes effect. Continued use of the service after the effective date of updated Terms constitutes acceptance.

20. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Kenya. Disputes are subject to the jurisdiction of Kenyan courts. Before escalating, the parties should first attempt good-faith resolution through their business and legal contacts.

21. Contact

Blackpaw Innovations Company
Muringa Court, Kirichwa Road, Kileleshwa, Nairobi, Kenya
Email: admin@blackpawinnovations.com
Privacy: privacy@blackpawinnovations.com