Terms & Conditions
1Definitions
- “Software” means the Bisama POS application, including its source code, admin panel, tenant/company dashboards, mobile applications, application programming interfaces, databases, and documentation.
- “Tenant/Company” means a registered business entity licensed to operate an instance of the Software.
- “User” means any individual accessing the Software under a Tenant/Company account, including administrators, cashiers, and other staff.
- “Content” means all data, text, images, product records, transaction records, and other material submitted to the Software by a Tenant/Company or User.
- “Confidential Information” means non-public business, technical, or financial information disclosed by either party.
2Eligibility and Account Registration
You must be at least 18 years old and legally capable of entering into a binding contract under the laws of Ghana in order to register for or use the Service. You agree to provide accurate, current, and complete registration information, and to keep that information updated at all times. You are responsible for maintaining the confidentiality of your login credentials, and for all activity that occurs under your account, whether or not authorised by you.
3License Grant and Restrictions
Subject to your compliance with these Terms and payment of any applicable fees, Bisama grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Software solely for your internal business operations. This is a license to use the Service; it is not a sale or transfer of ownership of any part of the Software.
You shall not, and shall not permit any third party to, do any of the following:
- Copy, reproduce, republish, distribute, sell, resell, sublicense, rent, lease, or white-label the Software without a signed, written licensing agreement with Bisama;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive or discover the source code, algorithms, or underlying structure of the Software;
- Remove, obscure, or alter any proprietary notices, branding, watermarks, or attribution contained in the Software;
- Use automated means, such as bots, scrapers, or crawlers, to extract data or content from the Software without prior written consent;
- Build a competing product, service, or clone using knowledge, code, workflows, or designs obtained through access to the Software; or
- Circumvent, disable, or interfere with any license validation, security, or access-control mechanism embedded in the Software.
A violation of this section constitutes a material breach of these Terms and an infringement of Bisama's intellectual property rights. Such a violation entitles Bisama to immediately suspend access and pursue the remedies described in Section 13 (Breach of Contract and Legal Action), in addition to the protections set out in our Copyright & IP Protection Policy.
4Subscription, Fees, and Payment
Access to certain features of the Software is subject to subscription fees, as displayed at the point of purchase or renewal, payable in Ghana Cedis (GHS) or another currency designated by us. Fees are billed in advance on a recurring basis (monthly, quarterly, or annually), unless otherwise agreed in writing. Late or failed payments may result in the suspension or downgrade of your account after reasonable notice. All fees are non-refundable, except where required by Ghanaian consumer protection law or expressly stated otherwise in writing.
5Acceptable Use
You agree to use the Service only for lawful business purposes, and agree that you will not do any of the following:
- Upload or process data that is fraudulent, unlawful, defamatory, or that infringes any third party's rights;
- Use the Service to launder money, evade tax obligations, or process transactions prohibited under Ghanaian law;
- Attempt to gain unauthorised access to another Tenant/Company's data, accounts, or infrastructure;
- Introduce viruses, malware, or any code intended to disrupt or damage the Service; or
- Overload, flood, or attack the Service's infrastructure, whether by denial-of-service or similar conduct.
6Intellectual Property Ownership
The Software, including all source code, object code, databases, visual design, user interface, trademarks (including “Bisama POS” and its associated logos), documentation, and underlying architecture, is and shall remain the exclusive property of Bisama Technologies. It is protected under the Copyright Act, 2005 (Act 690) of Ghana, applicable trademark law, and the international intellectual property treaties to which Ghana is a signatory. Tenants/Companies and Users retain ownership of their own Content, such as product catalogues and sales records, but grant Bisama a limited license to host, process, and display that Content solely for the purpose of providing the Service.
7Data Protection and Privacy
Our collection, use, and protection of personal data is governed by our Privacy Policy and our Data Protection (GDPR) Statement, both of which are incorporated into these Terms by reference. We do not sell or share your personal data or business data with third parties for marketing purposes.
8Third-Party Services
The Software may integrate with third-party services, such as mobile money providers, Paystack, and SMS or email gateways, to facilitate payments and notifications. Bisama is not responsible for the acts, omissions, downtime, or policies of such third parties, although we take reasonable steps to work only with reputable and compliant providers.
9Warranty Disclaimer
The Service is provided on an “as is” and “as available” basis. While Bisama strives for high availability and accuracy, we do not warrant that the Service will be uninterrupted, error-free, or entirely secure. To the maximum extent permitted by Ghanaian law, all implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed.
10Limitation of Liability
To the fullest extent permitted by law, Bisama's total liability arising out of or relating to these Terms or the Service shall not exceed the total subscription fees paid by the affected Tenant/Company in the twelve months preceding the claim. Bisama shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill.
11Indemnification
You agree to indemnify, defend, and hold harmless Bisama Technologies, and its directors, employees, and agents, from any claims, damages, liabilities, and expenses, including reasonable legal fees, arising from your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right.
12Termination
Bisama may suspend or terminate your access to the Service, with or without notice, if you breach these Terms, fail to pay applicable fees, or engage in conduct that we reasonably believe harms the Service, other Users, or Bisama's rights. Upon termination, your right to use the Software ceases immediately, although obligations relating to confidentiality, intellectual property, and outstanding fees survive termination.
13Breach of Contract and Legal Action
In the event of such a breach, Bisama reserves the right, without limitation, to do any of the following:
- Immediately suspend or terminate the offending party's access to the Service, without refund;
- Pursue civil litigation for damages, including lost profits and the cost of enforcement, before the courts of Ghana;
- Seek injunctive relief to stop continued infringement or unauthorised use;
- Report criminal conduct, such as unauthorised computer access or data theft, to the Ghana Cyber Security Authority, the Ghana Police Service (CID Cybercrime Unit), or another competent authority, under the Cybersecurity Act, 2020 (Act 1038) and the Electronic Transactions Act, 2008 (Act 772); and
- Recover full legal costs, damages, and interest permitted under Ghanaian law.
Users and Tenants/Companies acknowledge that a breach of these Terms may cause irreparable harm to Bisama, for which monetary damages alone would be inadequate, entitling Bisama to seek both damages and equitable relief.
14Governing Law and Dispute Resolution
These Terms are governed by, and shall be construed in accordance with, the laws of the Republic of Ghana. Any dispute arising out of or relating to these Terms shall first be addressed through good-faith negotiation. If the dispute remains unresolved after thirty days, it shall be submitted to arbitration in Accra, Ghana, under the Alternative Dispute Resolution Act, 2010 (Act 798), or, at Bisama's election, litigated exclusively before the competent courts of Ghana.
15Changes to These Terms
Bisama may update these Terms from time to time. Material changes will be communicated through the dashboard, by email, or by other reasonable means, and will take effect from the stated effective date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16Contact Us
For questions regarding these Terms, please contact us at info@bisamapos.com.
Bisama POS