Terms of Service

Welcome to GrandMarket. These Terms of Service ("Terms") govern access to and use of the GrandMarket SaaS ecommerce platform, storefronts, dashboards, POS tools, analytics, messaging, payments, subscriptions, domains, APIs, and related services ("Service"). By creating a store, signing in, or using the Service, you agree to these Terms and our Privacy Policy.

1. Authority and eligibility

You must be at least 18 years old and able to form a binding contract. If you use the Service for a business, organisation, or other entity, you confirm that you are authorised to bind that entity. You are responsible for accurate registration details, secure passwords, staff permissions, and all activity under your tenant account.

2. Merchant responsibilities

You are the seller of record for products and services offered through your store unless we expressly agree otherwise in writing. You are responsible for:

• Product accuracy, pricing, stock levels, taxes, delivery, refunds, warranties, consumer disclosures, and customer support
• Maintaining lawful privacy, return, shipping, payment, and customer terms for your store
• Complying with the Kenya Consumer Protection Act, competition law, tax law, product safety rules, advertising rules, ecommerce rules, and any laws that apply to your products, market, customers, or staff
• Handling customer complaints, chargebacks, returns, delivery disputes, and regulator requests related to your store
• Keeping licences, permits, and registrations needed for regulated goods or services

3. Platform licence

We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service according to these Terms, your selected plan, and documentation. You may not copy, resell, sublicense, reverse engineer, scrape, overload, interfere with, or build a competing service from the platform except where mandatory law permits.

4. Acceptable use

You must not use the Service to:

• Sell illegal, counterfeit, stolen, unsafe, infringing, restricted, or misleading goods or services
• Commit fraud, money laundering, identity misuse, phishing, spam, harassment, or unlawful surveillance
• Upload malware, exploit security flaws, bypass tenant isolation, or access data without permission
• Send unsolicited marketing or WhatsApp messages without required consent
• Misrepresent your business, prices, delivery terms, reviews, availability, promotions, or refund rights
• Collect sensitive personal data unless you have a lawful basis and appropriate safeguards

5. Payments, plans, and billing

GrandMarket may offer free, trial, Basic, Premium, Enterprise, or custom plans. Plan features, limits, and prices may change prospectively. Paid plans require timely payment of applicable fees, taxes, and charges. We may suspend, downgrade, or restrict a tenant for unpaid fees, payment failure, suspected fraud, chargeback abuse, or plan misuse.

Payments may be processed by third parties, including M-Pesa, Paystack, banks, card networks, and mobile money providers. Their own terms, risk controls, settlement timelines, reversals, and compliance obligations may apply. You must not store full card numbers or sensitive authentication data in GrandMarket fields.

6. Customer payments and store transactions

Customer orders, delivery arrangements, product fulfilment, receipts, taxes, refunds, and consumer complaints are primarily between you and your customer. We may provide checkout, records, notifications, fraud checks, and reconciliation tools, but we are not responsible for goods sold by merchants or promises made by merchants to customers.

7. Data protection and privacy

You must comply with the Kenya Data Protection Act, 2019, the Kenya Data Protection Regulations, ODPC registration obligations where applicable, and any other privacy laws that apply to your business, including GDPR, UK GDPR, CCPA/CPRA, children's privacy rules, or sector rules where relevant.

For merchant account, billing, support, product improvement, and security data, GrandMarket may act as an independent controller. For customer, order, staff, POS, and store data processed to operate your store, GrandMarket generally acts as your processor or service provider. You must give lawful instructions, publish notices, obtain consents, answer data subject requests, and promptly notify us of suspected data incidents affecting your store.

8. Messaging, WhatsApp, email, and notifications

You are responsible for making sure each message you send or trigger through GrandMarket is lawful, accurate, non-abusive, and consent-based where required. You must honour opt-outs, maintain accurate contact details, and avoid spam, unlawful promotions, or misleading transactional messages.

9. POS, offline mode, and staff use

POS and offline tools are provided to support store operations. You are responsible for cashier permissions, shift reconciliation, device security, lawful employee monitoring notices, accurate refunds, stock movements, and syncing offline transactions promptly. Offline data may be lost if devices are damaged, reset, or misused before sync.

10. Domains and branding

Stores may use platform subdomains or verified custom domains. You must have rights to domains, business names, logos, images, and trademarks you use. We may disable domains or content that infringe rights, mislead users, create security risks, or violate these Terms.

11. Content and intellectual property

You retain ownership of product data, images, text, brand assets, customer-facing store content, and other content you upload. You grant GrandMarket the rights needed to host, process, display, transmit, back up, analyse, and secure that content to provide the Service. GrandMarket retains all rights in the platform, software, designs, workflows, documentation, trademarks, and underlying technology.

12. Third-party services

The Service may integrate with payment processors, WhatsApp providers, hosting services, analytics tools, AI providers, delivery partners, marketplaces, domain providers, and other third parties. We are not responsible for third-party outages, terms, fees, decisions, data handling, or settlement delays. Your use of third-party services may require separate accounts and compliance with their rules.

13. Security and incident reporting

You must keep credentials confidential, use strong passwords, limit admin access, review staff permissions, secure POS devices, and tell us immediately about suspected unauthorised access, exposed tokens, lost devices, phishing, malware, or data breaches. You may not test, scan, or attack the Service except through an approved security process.

14. Service changes and availability

We may add, change, suspend, or remove features to improve security, comply with law, maintain the platform, or manage plan limits. We aim to keep the Service available, but we do not guarantee uninterrupted, error-free, or permanently available operation. Maintenance, hosting failures, payment provider issues, internet outages, force majeure, and third-party disruptions may affect access.

15. Suspension and termination

We may suspend or terminate access immediately if we reasonably believe a tenant has breached these Terms, created legal or security risk, failed to pay fees, harmed users, violated payment rules, infringed rights, or used the Service unlawfully. You may close your account at any time. After termination, your right to use the Service ends, but obligations that should survive will continue, including payment obligations, confidentiality, indemnity, limitations of liability, and data retention provisions.

Tenant Admin mobile app users may request app account deletion from the app or through account-deletion.html. Account deletion does not remove payment, tax, accounting, order, fraud prevention, security, dispute, or legal records that we or a merchant must retain under applicable law or legitimate business obligations.

16. Disclaimers

The Service is provided "as is" and "as available" to the maximum extent permitted by law. We do not guarantee that the Service will meet every business requirement, prevent every loss, ensure legal compliance for your store, or resolve every payment, delivery, customer, tax, or regulatory issue. You should obtain professional advice for legal, tax, accounting, financial, or regulated product decisions.

17. Limitation of liability

To the maximum extent permitted by law, GrandMarket and its affiliates are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, loss of profits, loss of revenue, loss of goodwill, loss of data, business interruption, or third-party claims. Our total liability for all claims relating to the Service will not exceed the fees you paid to GrandMarket for the affected tenant in the twelve months before the event giving rise to the claim.

18. Indemnity

You agree to defend, indemnify, and hold GrandMarket harmless from claims, losses, fines, penalties, damages, costs, and expenses arising from your products, store content, customer relationships, staff conduct, data handling, legal non-compliance, payment disputes, intellectual property infringement, breach of these Terms, or misuse of the Service.

19. Changes to these Terms

We may update these Terms from time to time. Updated terms will be posted on this page with a new date. Material changes may also be communicated by email, dashboard notice, or other reasonable means. Continued use after the effective date means you accept the updated Terms.

20. Governing law and disputes

These Terms are governed by the laws of Kenya, without regard to conflict of law rules. The parties will first try to resolve disputes in good faith for 30 days. If unresolved, disputes will be handled by competent courts in Nairobi, Kenya, unless mandatory law requires another forum.

21. General

If any provision is invalid or unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, restructuring, or sale of assets. Our failure to enforce a provision is not a waiver.

22. Contact

For questions about these Terms, use the GrandMarket contact page or the support channels in your dashboard.