Terms of Use

By accessing or using NodePoint (“the Platform”, “the Service”), you agree to be bound by these Terms of Use (“Terms”) and all policies incorporated herein by reference, including our Privacy Policy.

If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you must discontinue use of the Service immediately.

These Terms form a binding legal agreement between you (or your organisation, the “Tenant”) and Node Nest Digital Limited, a company registered in Kenya(“the Company”, “we”, “us”).

NodePoint is a cloud-based point-of-sale and business management platform (Software as a Service). It supports multiple business verticals including retail, restaurant operations, hotel and accommodation management, and safari and tour bookings. The Platform is multi-tenant: each subscribing business (“Tenant”) operates within an isolated data environment.

Features available to you depend on your active subscription module(s). We reserve the right to modify, enhance, or discontinue any feature at any time, with reasonable notice where practicable.

Subject to timely payment and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business operations.

• Licences are issued per business (Tenant) and per module (e.g., Retail, Restaurant, Hotel, Safari). Each module requires its own active licence.
• Licences are not transferable and may not be resold, sub-licensed, or shared with third parties outside your organisation.
• A valid, active licence is required for all data write operations. Read access to existing data may be available during a grace period following expiry, at our discretion.
• Trial periods, if offered, convert to paid subscriptions at the end of the trial unless cancelled.

You agree to use the Platform only for lawful purposes. You must not:

• Attempt to gain unauthorised access to any part of the Platform or its underlying infrastructure.
• Reverse-engineer, decompile, disassemble, or create derivative works based on the Platform or its source code.
• Introduce malware, viruses, or any code designed to interfere with the Platform's operation.
• Use the Platform to process transactions on behalf of third-party businesses without our written consent.
• Circumvent, disable, or interfere with security features, including but not limited to role-based access controls, licence checks, and session management.
• Use automated tools (bots, scrapers, crawlers) against the Platform without our prior written approval.
• Violate any applicable local, national, or international laws or regulations.

We reserve the right to suspend or terminate access immediately for any violation of the above, without liability.

You retain full ownership of all business data you input into the Platform (“Tenant Data”), including sales records, customer information, booking data, inventory, and staff information.

We act as a data processor on your behalf and do not claim any intellectual property rights over Tenant Data. We will not access, use, or disclose Tenant Data except to provide the Service, comply with law, or as expressly permitted by these Terms or our Privacy Policy.

Upon termination of your account, we will retain Tenant Data for 90 days, during which you may request an export. After this period, data will be permanently deleted unless a longer retention period is required by applicable law.

We target 99.5% monthly uptime for the cloud-hosted Platform, excluding scheduled maintenance windows and circumstances beyond our reasonable control (force majeure events such as natural disasters, internet infrastructure failures, and third-party service outages).

Scheduled maintenance will be announced at least 24 hours in advance where practicable, and will normally be performed during off-peak hours. The Platform includes offline-capable Progressive Web App (PWA) functionality; core point-of-sale operations may continue during connectivity interruptions, subject to device-level data availability.

We provide no guarantee of specific response times to support requests, though we endeavour to address critical issues within 24 business hours.

Subscription fees are billed in advance, on a monthly or annual basis as selected during sign-up. All fees are stated inclusive of any applicable taxes unless otherwise indicated.

• Payments are processed via Paystack or M-Pesa Paybill. You authorise us to charge your selected payment method automatically on each renewal date.
• Failed payments will trigger a grace period (typically 7 days), after which access may be suspended until payment is received.
• We do not provide refunds for partially used subscription periods, except where required by applicable law or at our sole discretion in cases of documented service failure.
• Annual subscriptions may receive a pro-rated refund if cancelled within 14 days of the renewal date, minus any transaction fees.
• Price changes will be notified at least 30 days before taking effect.

The Platform, including its design, source code, algorithms, trademarks, service marks, logos, and all related materials, is the exclusive property of Node Nest Digital Limited and is protected by copyright, trademark, and other intellectual property laws of Kenya and applicable international treaties.

“NodePoint” and “NodePoint™” are trademarks of Node Nest Digital Limited. You may not use these marks without our prior written consent.

Nothing in these Terms transfers any intellectual property rights to you. Your licence to use the Platform is limited to the scope described in Section 3.

The Platform is provided “as is” and “as available”, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by applicable law, Node Nest Digital Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of (or inability to use) the Platform, including but not limited to loss of revenue, loss of profits, loss of data, or business interruption.

Our total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees you paid to us in the 3-month period immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Node Nest Digital Limited, its directors, officers, employees, agents, and successors from and against any claims, liabilities, damages, judgements, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Platform in a manner not authorised by these Terms;
• Your Tenant Data, including any claim that it infringes a third party's rights;
• Your violation of any applicable law or regulation.

Either party may terminate the subscription at any time. Termination by you takes effect at the end of the current billing period; you will not receive a refund for the remaining period except as set out in Section 7.

We may suspend or terminate your account immediately, with or without notice, if:

• You breach these Terms or any applicable law;
• Your account is involved in fraudulent or abusive activity;
• Continued provision of the Service poses a legal, security, or reputational risk to us;
• Your subscription fees remain unpaid beyond the grace period.

The Company also reserves the right, in its sole discretion and as an administrative measure, to temporarily pause (“freeze”) a Tenant account for the purposes of investigation, compliance review, or abuse prevention, without this constituting a permanent termination. During a pause, data is preserved and the Tenant will be notified of the reason and expected resolution timeline.

Sections 5 (Data Ownership — export rights), 8 (Intellectual Property), 9 (Liability), 10 (Indemnification), 12 (Governing Law), and 13 (Contact) survive termination.

These Terms are governed by and construed in accordance with the laws of Kenya, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of Kenya for the resolution of any dispute arising out of or in connection with these Terms or your use of the Platform.

Nothing in this clause limits either party's right to seek urgent injunctive relief from any court of competent jurisdiction.

We reserve the right to modify these Terms at any time. Material changes will be communicated to registered Tenants via email or an in-app notification at least 14 days before they take effect. Your continued use of the Platform after the effective date of any change constitutes acceptance of the revised Terms.

For questions about these Terms, please contact us: