Les textes. Sans jargon.

These Terms of Use (hereinafter "Terms") govern access to and use of the Velko POS service, published by:

OpenInTech SARL Limited Liability Company under Cameroonian law Trade Register: RC/DLA/2024/B/1234 Registered office: Yaoundé, Rond Point Damas, Cameroon Email: [email protected] Website: www.velkopos.com

Definitions

• Service: the Velko POS SaaS platform, accessible via web browser and desktop application (Tauri), including all features offered.
• User: any natural or legal person who creates an account and uses the Service.
• Account: the personal space created by the User during registration, protected by login credentials.
• Store: a business entity created by the User within the Service to manage their activities.
• Subscription: the service subscription contract according to the pricing plan chosen by the User.
• Business Data: all data entered by the User in the course of using the Service (products, sales, customers, inventory, employees, etc.).
• Platform: the technical infrastructure (servers, software, databases) enabling the Service to operate.

The purpose of these Terms is to define the terms and conditions of use of the Velko POS Service, as well as the rights and obligations of the parties.

Acceptance of these Terms is mandatory upon registration. By checking the "I accept the terms of use" box when creating your account, you acknowledge that you have read, understood, and accepted these Terms in their entirety.

If you do not accept these Terms, you may not create an account or use the Service.

Velko POS is a point-of-sale (POS) solution in SaaS mode, specially designed for merchants in francophone Africa. The Service is accessible via: - Web application: accessible from any modern browser - Desktop application: Tauri application for Windows, macOS, and Linux

Main features

• Sales management and point of sale
• Inventory and stock movement management
• Product catalog and category management
• Customer management and loyalty program
• Employee and role management
• Multi-store management
• Artificial intelligence tools (AI assistant, suggestions, analytics)
• Sales reports and statistics
• Data synchronization across devices
• Receipt and commercial document printing

Legal capacity

To create an account, the User must: - Be at least 18 years old or have legal capacity in accordance with the provisions of the OHADA Uniform Act on General Commercial Law (Acte Uniforme OHADA relatif au Droit Commercial General - AUDCG) - Act in the context of a lawful commercial activity

Registration information

• The User undertakes to provide accurate, complete, and up-to-date information during registration
• The User is responsible for keeping their information up to date
• Only one account is authorized per natural or legal person

Credential responsibility

• The User is solely responsible for the confidentiality of their login credentials (email and password)
• Any use of the Service made with the User's credentials is deemed to have been made by the User
• The User undertakes to immediately inform OpenInTech of any unauthorized use of their account

• A free trial period is offered to every new User upon first registration
• The trial duration is indicated on the Service pricing page
• No payment method is required to benefit from the trial period
• Upon expiration of the trial period, access to the Service is automatically suspended if no subscription is taken out
• The User's Business Data is retained for 30 days after the end of the trial, allowing the User to subscribe and recover their data
• Only one free trial is granted per User

• Subscription plans and their prices are displayed in CFA Francs (XOF), all taxes included (TTC)
• Current pricing is available on the Service pricing page
• OpenInTech reserves the right to modify prices with 30 days' notice by email
• Price changes only apply at the next renewal of the current subscription
• Subscriptions are automatically renewed at the end of each period, unless previously canceled by the User

Accepted payment methods

• Mobile Money: MTN Mobile Money (MoMo), Orange Money
• Bank transfer: upon request

Due dates and billing

• Payment is due at the beginning of each subscription period (monthly or annual)
• An electronic invoice is issued and available in the user dashboard

Non-payment

• In case of non-payment at the due date, a reminder is sent by email
• After 7 days of late payment, access to the Service is suspended
• After 30 days of late payment, the account may be terminated and data deleted in accordance with Section 19

• The User has a period of 14 days from the date of their first paid subscription to exercise their right of withdrawal
• The withdrawal request must be sent by email to [email protected]
• The refund will be made within 14 days of receiving the request, via the same payment method used for the subscription
• The right of withdrawal does not apply to subscription renewals

OpenInTech's rights

The Velko POS Service, including without limitation: - Source code, software architecture, and algorithms - Design, user interface, and user experience - The Velko POS trademark, logos, and graphic elements - Technical and commercial documentation

is the exclusive property of OpenInTech, protected by the provisions of the Organisation Africaine de la Propriete Intellectuelle (OAPI) in accordance with the revised Accord de Bangui, as well as by Cameroonian intellectual property laws.

Any unauthorized reproduction, representation, modification, or exploitation is strictly prohibited.

OpenInTech grants the User a license to use the Service that is: - Non-exclusive: OpenInTech may grant similar licenses to other users - Non-transferable: the User may not assign their usage rights - Revocable: the license may be revoked in case of violation of these Terms - Limited in time: the license is valid for the duration of the active subscription

Prohibitions

It is strictly prohibited to: - Reverse engineer the Service - Decompile, disassemble, or attempt to extract the source code - Redistribute, sublicense, or resell the Service - Use the Service to develop a competing product - Remove or modify intellectual property notices

The User undertakes to: - Use the Service lawfully and in accordance with these Terms - Provide and maintain accurate and up-to-date information - Ensure the security of their login credentials - Not use the Service for illegal, fraudulent, or harmful activities - Not attempt to compromise the security or operation of the Service - Comply with applicable laws and regulations, including: - Applicable OHADA Uniform Acts (Actes Uniformes OHADA) - Current Cameroonian legislation - Tax and accounting obligations related to their activity

The collection and processing of personal data are governed by our Privacy Policy, accessible from the Service.

Data controller

OpenInTech SARL is the data controller for personal data collected in connection with the Service, in accordance with Cameroonian Law No. 2010/012 of December 21, 2010 on cybersecurity and cybercrime.

User rights

In accordance with applicable regulations, the User has the following rights: - Right of access: obtain confirmation of data processing and receive a copy - Right of rectification: have inaccurate or incomplete data corrected - Right of deletion: request the erasure of their personal data - Right to portability: receive their data in a structured and readable format

To exercise these rights, the User may contact OpenInTech at: [email protected]

Fundamental principle

The User remains 100% owner of their Business Data. Sales data, inventory, customer information, and any other data entered by the User in the course of using the Service belongs entirely to the User.

Limited license

The User grants OpenInTech a limited license over their Business Data, exclusively for: - Providing, maintaining, and improving the Service - Ensuring data backup and security - Generating anonymized and aggregated statistics (no identifiable individual data)

Non-commercialization commitment

OpenInTech formally commits to: - Never sell the User's Business Data to third parties - Never share the User's Business Data with third parties for commercial purposes - Never use the User's Business Data for purposes other than providing the Service

Infrastructure

• Data is hosted on secure data centers with professional certifications
• The infrastructure is designed to guarantee the availability and performance of the Service

Security measures

• Encryption: all communications are protected by TLS 1.2 or higher
• Backups: automatic daily backups are performed
• Access controls: strict authentication and authorization mechanisms are in place
• Passwords: stored irreversibly using cryptographic hashing

Incident notification

In the event of a security incident affecting User data, OpenInTech commits to: - Notify the User within 72 hours of discovering the incident - Communicate the nature of the incident, the data affected, and the corrective measures implemented

Availability target

• OpenInTech commits to maintaining Service availability of 99.5% on a monthly basis, excluding scheduled maintenance periods

Scheduled maintenance

• Scheduled maintenance periods will be communicated 48 hours in advance by email and/or notification within the Service
• Maintenance will preferably be performed outside peak hours (between 12:00 AM and 6:00 AM GMT+1)

Exclusions

The availability calculation excludes interruptions due to: - Force majeure events (Section 17) - Malfunctions related to the User's equipment or internet connection - Emergency interventions necessary for Service security

Service "as is"

The Service is provided "as is" and "as available". OpenInTech does not guarantee that the Service will be error-free, uninterrupted, or suitable for any particular purpose.

Liability cap

In any event, OpenInTech's total liability under these Terms is limited to the total amount actually paid by the User during the 12 months preceding the event giving rise to liability.

Exclusions from liability

OpenInTech shall not be held liable for: - Indirect or consequential damages, including loss of revenue, profits, customers, data, or business opportunities - Damages resulting from the User's negligence, particularly failure to secure their credentials - Damages caused by third parties or external services integrated by the User - Inaccuracy of data entered by the User

Definition

A force majeure event is any unforeseeable, irresistible, and external event, including but not limited to: - Natural disasters (floods, earthquakes, epidemics) - Situations of war, riot, or insurrection - Pandemics and health crises - Restrictive government or regulatory acts - Widespread telecommunications or electricity outages - Exceptionally large-scale cyberattacks

Effects

• The obligations of the affected party are suspended for the duration of the force majeure event
• The affected party must inform the other party as soon as possible
• If the force majeure event continues beyond 90 days, either party may terminate the contract without penalty

Termination by the User

• The User may cancel their subscription at any time from their user dashboard
• Termination takes effect at the end of the current subscription period
• The User retains access to the Service until the end of the paid period

Suspension by OpenInTech

• OpenInTech may suspend access to the Service in case of:

Immediate termination

OpenInTech may terminate the account without notice in case of: - Proven illegal activity - Attempt to compromise the security of the Service - Serious and repeated violation of these Terms

Consequences of termination

• Access to the Service is deactivated
• The data reversibility provisions (Section 19) apply
• Amounts already paid are not refunded, except in exercise of the right of withdrawal (Section 8)

Recovery period

• After termination, the User has 30 days to export their Business Data
• Limited access to the Service is maintained during this period, exclusively for data export

Export formats

• Data can be exported in CSV and JSON formats
• Exports include: products, categories, customers, sales, stock movements, employees

Permanent deletion

• Upon expiration of the 30-day period, the User's Business Data is permanently deleted from our servers and backups
• This deletion is irreversible

Migration assistance

• Upon request, OpenInTech can provide assistance with data migration to another service, subject to a prior quote

• OpenInTech reserves the right to modify these Terms at any time
• Modifications will be notified to Users by email with 30 days' notice before they take effect
• Continued use of the Service after the effective date constitutes acceptance of the new terms
• In case of disagreement with the modifications, the User has the right to terminate their subscription before the effective date of the new terms, without penalty

Applicable law

These Terms are governed by the Uniform Acts of the Organisation pour l'Harmonisation en Afrique du Droit des Affaires (OHADA) and, for matters not covered, by Cameroonian law.

Amicable resolution

In case of a dispute relating to the interpretation or performance of these Terms, the parties undertake to seek an amicable solution within 30 days of notification of the dispute by either party.

Mediation

In the absence of an amicable agreement, the parties may submit the dispute to mediation organized by the Centre d'Arbitrage du Groupement Inter-patronal du Cameroun (GICAM).

Competent jurisdiction

In case of failure of mediation, the dispute shall be submitted to the jurisdiction of: - The Cour Commune de Justice et d'Arbitrage (CCJA) in Abidjan for disputes under OHADA law - The Tribunal de Premiere Instance de Yaoundé for disputes under Cameroonian law

Partial nullity (severability)

If any provision of these Terms is declared null or unenforceable by a competent court, the remaining provisions shall remain in effect and retain their full force.

Non-waiver

The failure of OpenInTech to exercise a right or invoke a provision of these Terms does not constitute a waiver of that right or provision.

Entire agreement

These Terms, together with the Privacy Policy and the specific conditions of each subscription plan, constitute the entire agreement between the User and OpenInTech.

Assignment

• OpenInTech may assign these Terms to any successor or assignee, including in the event of merger, acquisition, or transfer of business
• The User may not assign their rights and obligations under these Terms without the prior written consent of OpenInTech

For any questions regarding these Terms of Use, you may contact us:

OpenInTech SARL Yaoundé, Rond Point Damas, Cameroon Email: [email protected] Website: www.velkopos.com

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*Last updated: March 2026*