Terms of Service

Last Updated: 30 May 2026

1. Acceptance of Terms

By accessing or using any Genesis software, website, or service (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services. These Terms apply to all users, including business owners, employees, staff members, suppliers, and any other party accessing the platform.

These Terms constitute a legally binding agreement between you ("User," "You," "Your") and Genesis Zimbabwe ("Company," "We," "Us," "Our"), a Zimbabwe-registered business operating at Zimre Park, Ruwa, Goromonzi, Zimbabwe. By creating an account, accessing any application, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

• "Genesis POS" — The point-of-sale software application used for processing sales, payments, and receipts at physical retail counters. This is the only paid component of the platform.
• "Genesis Management App" — The free business management application providing dashboard, inventory control, staff management, reporting, and AI insights.
• "Supplier Portal" — The free web-based portal for supplier communication, order management, and catalog management.
• "Company Portal" — The free web-based hub for company registration, configuration, and system administration.
• "PrivateZenith AI" — The artificial intelligence assistant integrated into the Management App, provided at no additional cost.
• "Device" — A single hardware unit (tablet, smartphone, computer, or terminal) running the Genesis POS application.
• "Subscription Fee" — The recurring monthly fee of $15 USD per device for the Genesis POS application.
• "User Data" — Any data entered, uploaded, or generated by the User while using the Services.
• "API" — Application Programming Interface, the means by which third-party software may programmatically interact with the Services.
• "Confidential Information" — Any non-public information disclosed by either party, including business data, technical specifications, pricing, and trade secrets.
• "Documentation" — Any user manuals, guides, technical documentation, or help resources provided by Genesis relating to the Services.

3. Description of Services

Genesis Zimbabwe provides an integrated business management ecosystem consisting of four primary applications:

• Genesis POS — A point-of-sale system for processing customer transactions, accepting multiple payment methods (cash, EcoCash, PayNow, card, mobile money), barcode/QR scanning, receipt printing, and offline-first operation. This is the only paid service at $15 USD per device per month.
• Genesis Management App — A free application for business owners to monitor sales, manage inventory, oversee staff, generate reports, and access AI-powered business intelligence through PrivateZenith AI.
• Supplier Portal — A free portal enabling suppliers to manage their product catalogs, view purchase orders, track payments, and communicate with the business.
• Company Portal — A free web-based platform for company registration, branch configuration, currency setup, and system administration.

All four applications are designed to work together seamlessly, with data synchronizing in real-time across all platforms when an internet connection is available.

4. Software License & Pricing

4.1 Paid License — Genesis POS

The Genesis POS application is licensed on a per-device, per-month subscription basis at $15 USD per device per month. Each device (tablet, smartphone, or computer) that runs the Genesis POS application requires its own license. There are no user-based licenses — an unlimited number of staff members may use a single POS device under one license.

• Billing: Monthly in advance. Payments are due on the first day of each billing period.
• Payment Methods: EcoCash, bank transfer, mobile money, or other methods as communicated at the time of registration.
• No Long-Term Contracts: You may cancel your POS subscription at any time. There are no penalties or early termination fees.
• No Refunds: Fees paid are non-refundable except as required by applicable law. If you cancel mid-month, you retain access until the end of the current billing period.
• Price Changes: We reserve the right to adjust pricing with 30 days' written notice. Price changes will not apply to the remainder of your current billing period.
• Device Transfers: If a device is replaced or decommissioned, the license may be transferred to a new device upon request.
• Subscription Suspension: Non-payment within 14 days of the due date may result in suspension of POS functionality until payment is received.

4.2 Per-Device License — Scope and Details

The per-device license grants you the right to install and operate the Genesis POS application on a single hardware device. The following provisions further define the scope of this license:

• Definition of a Device: For the purposes of this license, a "device" means a single physical hardware unit — including but not limited to a tablet, smartphone, dedicated POS terminal, desktop computer, or laptop computer — that runs the Genesis POS application. Virtual machines, emulators, or containerized environments running Genesis POS each count as a separate device requiring their own license.
• Multi-Device Licensing: If your business operates multiple sales counters or registers, each physical device running Genesis POS at each counter requires its own separate license. There is no volume discount unless specifically negotiated in a written agreement. You may, however, use a single device across multiple shifts — the license is per device, not per shift or per user.
• Device Replacement: If a licensed device is lost, stolen, damaged beyond repair, or decommissioned, you may request a license transfer to a replacement device. We will process up to two device transfers per license per billing period at no charge. Additional transfers may incur a nominal administrative fee.
• Temporary Devices: If you need to temporarily use Genesis POS on a device that is not your primary licensed device (e.g., a backup tablet), a separate license is required for that temporary device. We do not offer short-term or trial licenses for backup hardware.
• License Transfer Policy: Licenses are granted to the registered company and may not be transferred to another legal entity without our prior written consent. In the event of a business sale, merger, or acquisition, licenses may be transferred to the successor entity upon written request and approval, subject to the new entity agreeing to these Terms. Individual device-to-device transfers within the same company are permitted as described above.
• Geographic Restrictions: Licenses are valid for use within Zimbabwe. If you wish to use Genesis POS outside Zimbabwe, you must notify us in advance, and additional terms or fees may apply depending on the jurisdiction.
• Audit Rights: We reserve the right to audit your use of the Services to verify compliance with the per-device licensing terms. Audits will be conducted with reasonable notice and during normal business hours. If an audit reveals under-licensed use, you agree to pay for the additional licenses retroactively from the date the under-licensing began.

4.3 Free Licenses — All Other Applications

The following applications are provided under a perpetual, royalty-free, non-exclusive license at no cost:

• Genesis Management App — Free
• Supplier Portal — Free
• Company Portal — Free
• PrivateZenith AI Assistant — Free

These applications may be used by an unlimited number of users within the registered company at no charge. There is no limit on the number of branches, products, transactions, or data volume for free applications.

4.4 License Restrictions

Regardless of whether the application is paid or free, you agree not to:

• Copy, modify, reverse engineer, decompile, or create derivative works of the software.
• Rent, lease, sublicense, sell, or distribute the software to third parties.
• Use the software for any illegal purpose or in violation of any Zimbabwean laws or regulations.
• Attempt to bypass license enforcement mechanisms or use the software without a valid license.
• Use the software in a way that could damage, disable, overburden, or impair our servers or networks.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the software.
• Use the software to develop a competing product or service.
• Use the software in any environment where failure could lead to death, personal injury, or significant physical or environmental damage.

4.5 License Term and Renewal

Paid licenses for Genesis POS are granted for the duration of the subscription period (one month). Licenses automatically renew at the end of each billing period unless cancelled by you. Free licenses are granted for an indefinite term, subject to these Terms. We reserve the right to revoke free licenses if you are in breach of these Terms.

5. User Registration & Accounts

To use the Services, you must register your company and create an account. You agree to:

• Provide accurate, current, and complete company information during registration.
• Maintain and promptly update your registration information to keep it accurate and complete.
• Maintain the security of your account credentials and notify us immediately of any unauthorized use.
• Accept responsibility for all activities that occur under your account.
• Ensure that each staff member with access to the system has their own unique login credentials.
• Not share account credentials with unauthorized parties.
• Not create multiple accounts for the same company without our authorization.
• Not create accounts using automated means or bots.

You must be at least 18 years old or the age of majority in Zimbabwe to register a company account. By registering, you represent that you have the authority to bind your company to these Terms. We reserve the right to refuse registration, suspend accounts, or terminate accounts at our sole discretion.

6. User Obligations

As a user of the Services, you agree to:

• Comply with all applicable laws and regulations, including but not limited to tax laws, data protection laws, and consumer protection laws.
• Ensure that your use of the Services does not infringe on the rights of any third party.
• Not use the Services to transmit any malicious code, viruses, or harmful content.
• Not attempt to gain unauthorized access to any part of the Services or any other user's account.
• Not use the Services to send unsolicited communications or spam.
• Not use the Services in any manner that could interfere with, disrupt, or negatively affect other users' experience.
• Maintain appropriate business records and backups independent of the Services.
• Ensure that your hardware and internet connection meet the minimum requirements for the Services.
• Keep your contact information (including email and phone number) current in your account settings.
• Cooperate with us in any investigation of suspected unlawful or unauthorized activity.

7. Acceptable Use Policy

This Acceptable Use Policy ("AUP") sets forth the rules and guidelines for using the Genesis Services. By using the Services, you agree not to engage in any of the following prohibited activities:

7.1 Illegal and Fraudulent Activities

• Using the Services for any illegal purpose or in violation of any Zimbabwean or international law.
• Engaging in or promoting fraudulent activities, including but not limited to money laundering, tax evasion, identity theft, and financial scams.
• Processing transactions for illegal goods or services, including but not limited to narcotics, firearms, counterfeit goods, stolen property, and unlicensed pharmaceuticals.
• Using the Services to facilitate human trafficking, child exploitation, or any form of modern slavery.
• Knowingly submitting false or misleading information to the Services.

7.2 Security Violations

• Attempting to breach, bypass, or circumvent any security measures, authentication mechanisms, or access controls of the Services.
• Conducting any form of network intrusion, denial-of-service attack, or penetration testing without our prior written authorization.
• Introducing viruses, worms, Trojan horses, ransomware, logic bombs, or any other malicious code into the Services.
• Engaging in phishing, pharming, social engineering, or other deceptive practices targeting Genesis users or staff.
• Using the Services to distribute malware or to operate botnets.
• Scanning or testing the vulnerability of any system or network without authorization.

7.3 Abuse and Misuse

• Using the Services to generate excessive amounts of traffic, API calls, or data storage that places an unreasonable burden on our infrastructure (as determined in our sole discretion).
• Harassing, threatening, or abusing any Genesis employee, contractor, or other user.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
• Using any automated means (bots, scrapers, crawlers) to access, collect, or extract data from the Services without our express written permission.
• Interfering with or disrupting the integrity or performance of the Services.
• Attempting to manipulate or exploit pricing, billing, or licensing mechanisms.

7.4 Content Standards

• You may not upload, post, or transmit any content that is defamatory, obscene, pornographic, hateful, or discriminatory.
• You may not use the Services to store or transmit content that infringes on the intellectual property rights of any third party.
• You may not use the Services to distribute unsolicited commercial communications (spam).
• You may not use the Services to engage in political campaigning or solicitation unless explicitly related to your registered business.

7.5 Enforcement and Reporting

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, with or without notice. We reserve the right to investigate any suspected violation and to take appropriate action, including cooperating with law enforcement authorities. If you become aware of any violation of this AUP, you must report it to us immediately at abuse@genesispos.xyz.

8. Payment Terms

The following payment terms apply exclusively to the Genesis POS application (the only paid component):

• Fee: $15 USD per device per month.
• Billing Cycle: Monthly, invoiced on the first day of each month.
• Payment Due: Within 14 days of the invoice date.
• Late Payment: Accounts past due by 14 days will receive a reminder notice. Accounts past due by 30 days may have POS functionality suspended until payment is received. A reconnection fee of $5 USD may apply to reactivate suspended accounts.
• Collection: If we refer your account to a third-party collection agency, you agree to pay all reasonable collection costs, including legal fees.
• Taxes: You are responsible for all applicable taxes, duties, and levies. The subscription fee does not include VAT or any other tax unless stated otherwise.
• Currency: All fees are denominated in United States Dollars (USD). Payments in equivalent local currency (ZiG, ZAR) will be calculated at the prevailing exchange rate at the time of payment.
• Disputed Charges: Any billing disputes must be raised within 30 days of the invoice date. We will work with you to resolve any discrepancies promptly. Disputed amounts may be temporarily excluded from late-payment processing while the dispute is being investigated in good faith.
• Invoicing: Invoices are sent via email to the registered billing contact. It is your responsibility to ensure your billing contact information is accurate and to review invoices upon receipt.

9. Free Apps — No Charge

To be absolutely clear: the Genesis Management App, Supplier Portal, Company Portal, and PrivateZenith AI are provided entirely free of charge. There are no:

• Subscription fees
• Setup fees
• Per-user fees
• Per-transaction fees
• Hidden costs
• Upgrade fees
• Feature unlock fees
• Data overage fees
• Storage fees
• Support fees

You may use all features of these free applications without any payment obligation. The only cost associated with the Genesis ecosystem is the $15 USD per device per month fee for the Genesis POS application. We reserve the right to introduce paid tiers for the free applications in the future, but we will provide at least 90 days' advance notice and existing users will retain access to the features available at the time of this policy for at least 12 months after any change is announced.

10. Intellectual Property

All rights, title, and interest in and to the Services, including all intellectual property rights, are owned by Genesis Zimbabwe. This includes but is not limited to:

• The software code, algorithms, and architecture of all applications.
• The "Genesis," "PrivateZenith," and related logos, trademarks, and trade names.
• The design, layout, and user interface of the Services.
• Any proprietary AI models, machine learning algorithms, and data processing methods.
• All Documentation, training materials, and content provided in connection with the Services.

This Agreement does not transfer any ownership rights to you. You are granted a limited, revocable, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

You retain all ownership rights to your business data. We do not claim any ownership over the information you enter into the system.

You may not use any of our trademarks, service marks, or trade dress without our prior written consent. All goodwill arising from your use of our trademarks inures solely to our benefit.

11. Data Ownership & Privacy

Your business data belongs to you. Genesis Zimbabwe acts as a data processor and does not claim ownership of any data you enter into the Services. Our full Privacy Policy is available at genesiszimbabwe.com/privacy-policy.html and is incorporated into these Terms by reference.

Key data principles:

• You retain full ownership of all your business data including products, customers, sales records, inventory levels, and supplier information.
• We will not sell, rent, or share your business data with third parties for their marketing purposes.
• We may use anonymized, aggregated data for service improvement and analytics. Such aggregated data cannot identify you or your business.
• Upon termination of your account, you may request a full export of your data in a commonly used format (CSV, JSON, or PDF).
• We retain your data for 90 days after account termination, after which it is securely deleted. Data exports must be requested before the expiry of this 90-day retention period.
• You have the right to request correction of inaccurate data and deletion of data subject to applicable legal retention requirements.
• We will notify you promptly of any data breach that affects your business data, as required by Zimbabwean law.

12. Data Security

We implement appropriate technical and organizational measures to protect your data, including:

• Encryption of data in transit using TLS/SSL protocols with 256-bit encryption.
• Encryption of sensitive data at rest using AES-256 encryption.
• Regular security audits and vulnerability assessments.
• Access controls and multi-factor authentication mechanisms.
• Secure data center infrastructure with redundant backups performed daily.
• Employee training on data protection and security best practices.
• Incident response procedures to address and contain security events.
• Regular penetration testing of our applications and infrastructure.

However, no method of electronic storage or transmission is 100% secure. You acknowledge that we cannot guarantee absolute security and you should maintain your own backups of critical business data. You are responsible for maintaining the security of your own devices, networks, and account credentials.

13. Service Level Agreement (SLA)

This Service Level Agreement ("SLA") applies exclusively to the Genesis POS application. Free applications (Management App, Supplier Portal, Company Portal, PrivateZenith AI) are provided on a best-effort basis and are not covered by this SLA.

13.1 Uptime Commitment

We commit to a monthly uptime percentage of at least 99.5% for the Genesis POS cloud synchronization services. "Uptime" means that the cloud services required for POS data synchronization are accessible over the public internet. Uptime is measured on a monthly basis and excludes:

• Scheduled maintenance (notified at least 48 hours in advance).
• Emergency maintenance required to address security vulnerabilities.
• Downtime caused by factors outside our reasonable control, including but not limited to internet service provider failures, power outages, and force majeure events.
• Downtime resulting from your hardware, software, network, or configuration.
• Downtime resulting from third-party service provider interruptions.

13.2 Service Credits

If we fail to meet the 99.5% uptime commitment in any calendar month, you may request a service credit as follows:

• 99.0% to 99.4% uptime: 10% credit of the monthly POS subscription fees for that month.
• 95.0% to 98.9% uptime: 25% credit of the monthly POS subscription fees for that month.
• Below 95.0% uptime: 50% credit of the monthly POS subscription fees for that month.

To request a service credit, you must submit a written request to support@genesispos.xyz within 30 days of the end of the month in which the downtime occurred. Your request must include reasonable evidence of the downtime. Service credits are applied as a discount to future invoices and are not refundable in cash. The maximum total credit you may receive in any calendar month is 50% of your monthly POS subscription fees.

13.3 Support Response Times

We provide technical support for the Services during normal business hours (Zimbabwe time, Monday to Friday). Target response times are:

• Critical (service unavailable): 4 hours.
• High (major feature unavailable): 8 hours.
• Normal (minor issue or question): 24 hours.
• Low (general inquiry): 48 hours.

Response times are targets and not guaranteed commitments. Support is provided via WhatsApp at 0781847609, email at support@genesispos.xyz, and through the Company Portal.

14. Service Availability & Uptime

We strive to maintain 99.9% uptime for our cloud services. However, we do not guarantee uninterrupted access to the Services. Factors that may affect availability include:

• Internet connectivity issues on your end.
• Scheduled maintenance (we will provide at least 24 hours' notice when possible, and 48 hours for maintenance that may affect POS operations).
• Force majeure events including but not limited to natural disasters, power outages, network infrastructure failures, and governmental actions.
• Third-party service provider interruptions.
• Hardware or software failures on our infrastructure.
• Cyberattacks or security incidents beyond our reasonable control.

Offline Mode: Genesis POS is designed to operate offline. When an internet connection is unavailable, all sales and data are stored locally on the device and automatically synchronized when connectivity is restored. This ensures that your business can continue operating without interruption regardless of network conditions.

15. Offline Mode

Genesis POS includes an offline-first architecture that allows the application to function without an internet connection:

• All critical POS functions (sales processing, payment handling, receipt printing) work offline.
• Data is stored locally on the device in an encrypted format using device-level encryption.
• Automatic synchronization occurs when an internet connection is detected, using conflict-resolution algorithms to reconcile data from multiple devices.
• Conflict resolution follows a "last-write-wins" strategy for most data fields, with manual resolution required for conflicting inventory adjustments.
• Offline functionality is provided as a convenience and does not guarantee against data loss in extreme circumstances (e.g., device damage, loss, or theft).
• We recommend regular manual synchronization when connectivity is available, especially before the end of each business day.
• You are responsible for maintaining backup power (UPS, generator) for devices if extended power outages are a risk.
• Data queued for synchronization may be lost if the device is factory reset, wiped, or replaced without first completing a full synchronization.

16. API Usage Terms

Genesis Zimbabwe may make available application programming interfaces ("APIs") to allow third-party software to programmatically interact with the Services. Your use of any API is subject to the following additional terms:

16.1 API License

Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to use our APIs solely to integrate your systems with the Services for your internal business purposes.

16.2 API Usage Limits

• API access is rate-limited. The specific rate limits will be communicated in the API documentation. Exceeding these limits may result in temporary or permanent suspension of API access.
• You agree not to use the API in any manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise causes degradation of service to other users.
• We reserve the right to modify rate limits, introduce new limits, or require API usage agreements for high-volume users at our discretion.

16.3 API Prohibitions

• You may not use the API to replicate or compete with the core functionality of the Services.
• You may not use the API to extract data in bulk for purposes other than your internal business operations without our express written consent.
• You may not use the API to circumvent any licensing, billing, or access control mechanisms.
• You may not sell, sublicense, or otherwise commercialize access to our APIs without our prior written permission.
• You may not use the API in a manner that violates any applicable law or regulation.

16.4 API Changes and Deprecation

We may update, modify, or deprecate APIs from time to time. We will provide at least 90 days' notice before deprecating a material API feature. We will make reasonable efforts to maintain backward compatibility but reserve the right to introduce breaking changes when necessary for security, performance, or regulatory compliance.

16.5 API Documentation

All API documentation is provided "as is" without warranty of any kind. It is your responsibility to ensure your integration complies with the current API specifications. We are not responsible for any issues arising from your use of outdated or incorrect API documentation.

17. Third-Party Services & Integrations

The Services may integrate with third-party services to provide enhanced functionality. These integrations include but are not limited to:

• Payment Processors: EcoCash, PayNow, bank card payment processors, and mobile money platforms. These processors handle your customer payment transactions and are subject to their own terms, conditions, and privacy policies.
• Cloud Hosting Providers: Infrastructure providers that host our servers and data storage.
• Communication Services: Email delivery services, SMS gateways, and notification platforms used to send system alerts and communications.
• Analytics Services: Platforms used for aggregated, anonymized usage analytics to help us improve the Services.
• AI Infrastructure: Third-party AI model providers that power PrivateZenith AI features.

17.1 Third-Party Terms

We are not responsible for the availability, reliability, security, or terms of any third-party service. Your use of third-party services integrated with Genesis is subject to the respective third-party's terms and conditions, privacy policies, and data processing agreements. We do not endorse or guarantee any third-party service, and we make no representations regarding the accuracy, quality, or legality of content or services provided by third parties.

17.2 Third-Party Data Processing

When you use a third-party integration, your data may be transmitted to and processed by that third party in accordance with their privacy practices. We recommend reviewing the privacy policies of any third-party services you choose to integrate. We are not liable for any loss, damage, or unauthorized access to your data that occurs within a third-party system.

17.3 Integration Changes

We may modify, suspend, or discontinue any third-party integration at any time without prior notice, including if the third party changes its terms, discontinues its service, or if we determine the integration no longer meets our security or quality standards. We will make reasonable efforts to notify you of significant changes to integrations that may affect your business operations.

18. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE UNINTERRUPTED, SECURE, OR ERROR-FREE.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED BY THE SERVICES, INCLUDING AI-GENERATED INSIGHTS.
• WARRANTIES THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
• WARRANTIES THAT THE SERVICES ARE COMPATIBLE WITH YOUR SPECIFIC HARDWARE, SOFTWARE, OR NETWORK CONFIGURATION.

WE DO NOT WARRANT THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT, ANALYTICS, OR INSIGHTS PROVIDED THROUGH PrivateZenith AI. AI OUTPUTS ARE PROVIDED AS INFORMATIONAL TOOLS ONLY AND SHOULD NOT BE SOLELY RELIED UPON FOR BUSINESS DECISIONS.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY ZIMBABWEAN LAW:

• IN NO EVENT SHALL GENESIS ZIMBABWE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES.
• OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• FOR FREE SERVICES (MANAGEMENT APP, SUPPLIER PORTAL, COMPANY PORTAL, PRIVATEZENITH AI), OUR TOTAL LIABILITY SHALL NOT EXCEED $50 USD.
• THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER ZIMBABWEAN LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

20. Indemnification

You agree to indemnify, defend, and hold harmless Genesis Zimbabwe, its officers, directors, employees, agents, contractors, licensors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to:

• Your use of the Services in violation of these Terms.
• Your violation of any applicable law or regulation.
• Your violation of any third-party rights, including but not limited to intellectual property rights and privacy rights.
• Any dispute between you and your customers, employees, suppliers, or other third parties that arises from your use of the Services.
• Any content or data you submit, upload, store, or transmit through the Services.
• Any negligent or wrongful act or omission by you or your employees, agents, or contractors.
• Your use of any third-party integration in connection with the Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. This indemnification obligation survives termination of these Terms and your use of the Services.

21. Termination

21.1 Termination by You

You may terminate your account at any time by:

• Cancelling your POS subscription through the Company Portal.
• Contacting us via WhatsApp at 0781847609 or email at support@genesispos.xyz.
• Providing written notice of termination to our registered address.

Upon cancellation, your POS subscription will remain active until the end of the current billing period. No partial refunds will be provided for the remainder of the billing period after cancellation.

21.2 Termination by Us

We may suspend or terminate your access to the Services immediately without prior notice if:

• You breach any provision of these Terms (including the Acceptable Use Policy).
• Your payment is more than 30 days past due and remains unpaid after a reminder notice.
• We are required to do so by law or by order of a regulatory authority.
• You engage in activity that could harm the Services, our infrastructure, or other users.
• You use the Services for any illegal or fraudulent purpose.
• You fail to cooperate with a security or compliance investigation.
• You challenge our intellectual property rights or help others do so.

We may also terminate your account for convenience upon 30 days' written notice. In such a case, we will provide a pro-rata refund of any prepaid subscription fees for the period after the termination date.

21.3 Suspension

We may suspend your access to the Services, without liability, for the following reasons:

• To prevent damage to our systems or network.
• To address a security incident or vulnerability.
• To comply with a legal request or regulatory requirement.
• If your account is compromised or used without authorization.
• If you exceed reasonable usage limits.

Suspension will be for the minimum duration necessary to address the underlying issue. We will restore access as soon as practicable after the issue is resolved.

21.4 Effect of Termination

Upon termination of your account for any reason:

• Your license to use the Services immediately ceases, and you must stop using all applications.
• We will provide you with a data export upon request within 30 days of termination, provided that the request is made within the 90-day data retention period.
• We will securely delete your data 90 days after termination, subject to any legal obligations requiring us to retain certain records.
• Any outstanding payment obligations remain due and payable immediately.
• Sections of these Terms that by their nature should survive termination (including but not limited to intellectual property, limitation of liability, indemnification, and governing law) shall survive.
• You must destroy any copies of the software in your possession.

21.5 Data Export Process

Upon termination, you may request a data export by contacting support. We will provide your data in CSV or JSON format within 30 days of your request. Data exports include your product catalog, customer database, sales history, inventory records, and supplier information. Certain data (such as system logs and aggregated analytics) may not be exportable. We may charge a reasonable administrative fee for complex or large-scale data export requests.

22. Feedback and Submissions

We welcome feedback, suggestions, ideas, and proposals ("Feedback") regarding the Services. By submitting Feedback to us, you agree to the following terms:

• No Obligation: We are under no obligation to review, consider, or implement your Feedback.
• Ownership: To the extent permitted by applicable law, you assign to us all right, title, and interest in and to the Feedback. If assignment is not permitted, you grant us an irrevocable, perpetual, royalty-free, worldwide, transferable license to use, reproduce, modify, distribute, and incorporate the Feedback into the Services without any compensation or attribution to you.
• No Confidentiality: Feedback is provided on a non-confidential basis unless you and we have entered into a separate non-disclosure agreement. We may disclose and use Feedback without restriction.
• No Obligation to Credit: We may, at our discretion, acknowledge your contribution but are not obligated to do so.
• Representation: You represent and warrant that your Feedback does not infringe on any third-party intellectual property rights and that you have all necessary rights to provide the Feedback.

If you wish to submit Feedback that you consider confidential or for which you expect compensation, please contact us before submitting to discuss a separate agreement.

23. Export Control

You acknowledge that the Services, software, and related technology may be subject to export control laws and regulations of the Republic of Zimbabwe and other applicable jurisdictions. You agree to comply with all applicable export control laws and regulations, including but not limited to restrictions on the export, re-export, transfer, or use of the Services in or to certain countries, entities, or individuals.

Specifically, you agree and warrant that:

• You are not located in, under the control of, or a national or resident of any country that is subject to applicable export control sanctions or embargoes.
• You are not a person or entity named on any applicable sanctions or restricted party lists.
• You will not use, export, re-export, transfer, or otherwise make available the Services, directly or indirectly, in violation of any applicable export control laws.
• You will not use the Services for any purpose prohibited by applicable export control laws, including but not limited to nuclear, chemical/biological weapons, or missile technology applications.
• You will not download, export, or re-export the software or any technical data related to the Services in violation of any applicable law.

By using the Services, you make the representations and warranties set forth in this section. We reserve the right to suspend or terminate access to the Services if we reasonably believe a violation of export control laws has occurred or may occur.

24. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) when such failure or delay is caused by any event beyond that party's reasonable control, including but not limited to:

• Acts of God, including earthquakes, floods, storms, cyclones, droughts, fires, and other natural disasters.
• Pandemics, epidemics, and public health emergencies.
• Acts of war, terrorism, civil unrest, riots, insurrection, or military actions.
• Government actions, embargoes, sanctions, or regulatory changes.
• Power outages, telecommunications failures, or internet service disruptions.
• Strikes, lockouts, or labor disputes affecting the affected party's operations.
• Breakdown or failure of critical infrastructure, including electrical grids and network backbones.
• Cyberattacks, distributed denial-of-service attacks, or ransomware events beyond the affected party's reasonable control.

The affected party shall:

• Provide prompt written notice of the force majeure event and its expected duration.
• Use reasonable efforts to mitigate the impact of the force majeure event and resume performance as soon as practicable.
• Continue to perform its obligations to the extent reasonably possible during the force majeure event.

If a force majeure event continues for more than sixty (60) consecutive days, either party may terminate the affected services upon written notice without further liability, except that you shall remain liable for fees incurred prior to the force majeure event and for fees accrued during the period in which services were actually provided during the force majeure event.

25. Entire Agreement

These Terms, together with the Privacy Policy, any order forms, and any other documents expressly incorporated by reference, constitute the entire and exclusive agreement between you and Genesis Zimbabwe regarding your use of the Services. These Terms supersede and replace all prior or contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, regarding the subject matter of these Terms.

In the event of any conflict or inconsistency between these Terms and any other document incorporated by reference, these Terms shall prevail unless the incorporated document expressly states otherwise. Any terms and conditions contained in any purchase order, invoice, or other business form submitted by you that are inconsistent with or in addition to these Terms are expressly rejected and shall have no force or effect.

Each party acknowledges that, in entering into these Terms, it has not relied on any representation, undertaking, or promise not expressly set out in these Terms, and all such representations, undertakings, and promises are excluded.

26. Waiver and Severability

26.1 Waiver

No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any further or other exercise thereof. Any waiver of any provision of these Terms must be in writing and signed by the party granting the waiver. A waiver granted on one occasion shall not be deemed to be a waiver on any subsequent occasion.

26.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that most closely approximates the intent and economic effect of the original provision. The failure of any provision to be enforceable in any jurisdiction shall not affect its enforceability in any other jurisdiction.

Notwithstanding the foregoing, if the limitation of liability or disclaimer of warranties provisions are found to be invalid or unenforceable in whole or in part, the validity of the remaining portions of such provisions and the other provisions of these Terms shall not be affected.

27. Electronic Communications

By using the Services and registering an account, you consent to receive electronic communications from Genesis Zimbabwe. These communications may include:

• Transactional Communications: Invoices, payment receipts, account notifications, password resets, and other account-related messages.
• Service Communications: Maintenance notices, service updates, security alerts, and changes to our terms or policies.
• Product Communications: Updates about new features, product improvements, and tips for using the Services effectively.
• Marketing Communications: Promotional materials, special offers, and newsletters (you may opt out of marketing communications at any time).

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive electronic communications by terminating your account, but doing so will affect your ability to use the Services.

Communications may be sent via:

• Email to the address registered on your account.
• In-app notifications within the Services.
• SMS or WhatsApp messages to the phone number registered on your account.
• Postings on the Company Portal or our website.

You are responsible for maintaining your contact information and ensuring that you can receive electronic communications. You should check for communications regularly. If you opt out of marketing communications, you will still receive transactional and service communications necessary for your use of the Services.

28. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

• Email to the registered email address associated with your account.
• A notice on the Company Portal.
• An in-app notification.

Changes will take effect 30 days after notification. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you may terminate your account before the effective date. For non-material changes (such as clarifications, corrections, or formatting adjustments), we may implement them without prior notice.

29. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Zimbabwe, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Dispute Resolution:

1. Informal Resolution: Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through informal negotiation. The complaining party shall provide written notice of the dispute describing the issue in reasonable detail. Both parties shall negotiate in good faith to resolve the dispute within 30 days of receipt of the notice.
2. Mediation: If the dispute cannot be resolved through informal negotiation within 30 days, it shall be submitted to mediation administered by a mutually agreed mediator in Harare, Zimbabwe. The parties shall share the cost of mediation equally. Participation in mediation is a precondition to litigation.
3. Litigation: If mediation fails to resolve the dispute, the dispute shall be resolved exclusively by the courts of Harare, Zimbabwe. The parties irrevocably submit to the exclusive jurisdiction of the courts of Harare, Zimbabwe.
4. Continuity: During the dispute resolution process, both parties shall continue to perform their obligations under these Terms, except for the specific matter in dispute.

Jurisdiction: The parties agree to the exclusive jurisdiction of the courts of Harare, Zimbabwe.

Time Limit: No action arising out of or relating to these Terms or the Services may be brought by either party more than two (2) years after the cause of action has accrued, except for claims of intellectual property infringement, which may be brought at any time within the applicable statutory limitation period.

30. Contact Information

If you have any questions about these Terms, please contact us:

• Phone / WhatsApp: 0787592481 / 0781847609
• Email (General): info@genesiszimbabwe.com
• Email (Support): support@genesispos.xyz
• Email (Abuse): abuse@genesispos.xyz
• Email (Legal): legal@genesiszimbabwe.com
• Address: Zimre Park, Ruwa, Goromonzi, Zimbabwe
• Website: genesiszimbabwe.com