Terms of service

1. Acceptance and eligibility

You may use HeriBMS only if you have authority to enter into these Terms. If you are using the service for a business, you represent that you are authorised by that business to create or administer the workspace and bind the business to these Terms.

2. Definitions

• HeriBMS means the business management software and related services operated by IHL Tech Africa.
• Business means the retail, trading or other commercial organisation that creates or uses a workspace.
• Workspace means the business-specific environment created for authorised users.
• Authorised User means an individual permitted by a business to access its workspace, including business owners, staff, and, where enabled, supplier accounts.
• Business Data means information submitted to or generated within a business workspace, including customer records, orders, inventory, invoices and payment records.

3. The service

HeriBMS provides software intended to help businesses manage operational workflows, staff access, customer records, inventory, orders, accounts and reporting. Features may change as we improve the service.

HeriBMS does not process health, medical or clinical information as part of its intended use. It is not designed to meet health-sector regulatory requirements and must not be used as a substitute for a dedicated healthcare-records system.

4. Accounts and authorised users

Users must provide accurate account information and keep credentials confidential. Each person should use their own account; credentials must not be shared.

Business administrators are responsible for inviting authorised users, assigning appropriate roles, reviewing access and promptly removing access when it is no longer required.

5. Business workspace, tiers and roles

The business controls its workspace and determines which people are authorised to access it. HeriBMS may offer different account tiers (for example, a single-owner tier and a multi-user tier) with different features and pricing; the applicable tier and its terms will be presented at signup or upgrade. Role-based permissions are intended to support least-privilege access, but the business remains responsible for configuring and reviewing access appropriately.

6. Business responsibilities

The business is responsible for its use of HeriBMS and for ensuring that its use complies with applicable law and contractual obligations.

• maintain appropriate notices and lawful bases for processing customer and staff information;
• ensure information entered into the service is accurate and appropriate;
• maintain appropriate user access and credential practices; and
• respond to customers, staff and regulators where the business has the relevant legal responsibility.

7. Customer, order and inventory data

Where a business determines the purposes and means of processing its customer, order and inventory information, the business generally acts as the data controller and HeriBMS acts as a data processor for that information.

The parties should use an applicable Data Processing Addendum or other written data-processing terms where required. HeriBMS will process Business Data according to the applicable agreement and documented instructions, subject to applicable law.

8. Supplier and marketplace features

Where enabled, HeriBMS may allow supplier accounts to list products or offers that business accounts can order directly. HeriBMS is not a party to the underlying sale between a business and a supplier; each party remains responsible for the accuracy of its own listings, orders and fulfilment.

A supplier may add a photo to each listing. The photo must show the product being sold, and the supplier must own it or have permission to use it. Photos must not show people, contact details, other brands' listings or anything unlawful or offensive. HeriBMS may take down any photo that breaks these rules, and may suspend a supplier who repeatedly does.

9. Acceptable use

You must not use HeriBMS to break the law, gain unauthorised access, upload malicious code, interfere with security controls, misrepresent your authority, or reverse engineer the service except where applicable law expressly permits it.

10. Trial period

HeriBMS may offer a trial period for eligible businesses. The trial is provided for evaluation of the service and may be subject to feature, user or usage limits communicated during signup.

11. Fees, billing and payment processing

HeriBMS is sold as a one-time licence for the Basic or Plus tier, which includes the first year of hosting, updates and support. After that year, a yearly fee pays for the next one. A business with a Basic licence can move to Plus by paying the upgrade price; its yearly fee becomes the Plus fee from its next renewal. Prices are shown on the billing page before you pay. Nothing renews or charges automatically, and we will not charge a business for anything it has not chosen to pay.

The licence lets the business use HeriBMS as we host it; it does not include a copy of the software. If the yearly fee is not paid, the workspace becomes read-only: its administrators and staff can look at and export its Business Data, but not record new data, until the fee is paid. A trial that ends without a licence is locked, except for paying and exporting.

Where the service records a payment made outside the platform (for example, cash or a manually entered mobile-money reference), that record reflects what was reported to the service and is not, by itself, independent verification that the payment was received. Automated payment capture, where offered, is subject to the applicable payment provider's own terms.

12. Third-party services

HeriBMS may rely on third-party infrastructure and service providers for hosting, communications, security, monitoring, payments or other supporting functions. Third-party services that a business chooses to connect independently may be subject to their own terms and privacy policies.

13. Security and confidentiality

We maintain reasonable technical and organisational safeguards designed to protect the service and Business Data against unauthorised access, alteration, disclosure, loss or destruction.

14. Availability and changes

We aim to keep HeriBMS available and reliable, but we do not guarantee uninterrupted or error-free operation. Service may be temporarily unavailable for maintenance, upgrades, security work, infrastructure failures or events outside our reasonable control.

15. Support and communications

We may provide support through channels we make available from time to time. We may also send service-related communications such as security notices, account messages and maintenance notices.

16. Suspension and termination

We may suspend or restrict access where reasonably necessary to address security risks, unlawful use, serious misuse, non-payment under applicable paid terms, or a material breach of these Terms.

17. Data export and deletion

A business's administrators can export its Business Data at any time, including while the workspace is locked or read-only for non-payment.

If a trial ends without a licence, the workspace and its Business Data are deleted 90 days after the trial ends. If the yearly fee is not paid, they are deleted 12 months after the last paid year ends. In both cases, if the workspace was used later than that, the time counts from its last use. Deletion cannot be undone, so export anything you need to keep, including records Kenyan tax law requires you to keep, before then. Our full retention schedule is in the Privacy Policy.

18. Intellectual property

HeriBMS, including its software, interface, documentation, branding and underlying technology, is owned by or licensed to IHL Tech Africa. Subject to these Terms, authorised businesses receive a limited, non-exclusive, non-transferable right to use the service for legitimate business operations.

19. Disclaimers

To the extent permitted by law, HeriBMS is provided on an “as available” basis. It does not replace the business's own accounting, tax, inventory-control or legal obligations, or any professional advice the business's circumstances may require.

20. Limitation of liability

To the fullest extent permitted by applicable law, neither party will be liable for indirect, incidental, special or consequential losses arising from these Terms, except where such exclusion is not permitted by law. Nothing excludes liability that cannot lawfully be excluded or limited.

21. Indemnity

Where permitted by law, the business is responsible for claims arising from its unlawful use of the service, violation of these Terms, or failure to obtain required authority for information it submits, except to the extent caused by HeriBMS's own breach or misconduct.

22. Changes to these Terms

We may update these Terms as the service, business or applicable legal requirements change. Updated Terms will be published with a new effective date.

23. Governing law and disputes

These Terms are intended to be governed by the laws of Kenya, subject to any mandatory legal protections that apply. The parties should first try to resolve disputes through good-faith discussion before using an appropriate forum with jurisdiction.

24. Contact

Questions about these Terms or the HeriBMS service can be directed to invest@investit.click.

You can also review our Privacy & Data Protection Policy.