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Terms of Service

Last updated: July 25, 2026

1. Acceptance of Terms

By accessing and using harakacount, a restaurant inventory management application ("Service") operated by harakacount Ltd ("harakacount," "we," "us," or "our"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and harakacount Ltd. By creating an account or using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Description of Service

Our Service provides comprehensive food service inventory management tools including stock tracking, waste management, supplier delivery management, cost analysis, menu profitability analysis, and reporting features. The Service is designed for food service owners, managers, and authorized staff members.

The Service is intended and offered for business use only. It is not designed or marketed for personal, household or consumer use. By using the Service you confirm that you are doing so in the course of a business, trade or profession, whether on your own account or on behalf of the business that holds the account.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

3. User Accounts and Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials (email, password, or PIN)
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized account access
  • Ensuring all account information provided is accurate and current

We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to any portion of the Service
  • Interfere with, disrupt, or place unreasonable load on the Service or servers
  • Upload false, misleading, or fraudulent information
  • Violate any applicable local, national, or international law
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use automated systems to access the Service without authorization

5. Data Accuracy and User Responsibility

You are solely responsible for ensuring the accuracy of all inventory data, stock counts, cost information, and other data you input into the Service. We provide tools to help manage your inventory, but we are not liable for any business losses, financial damages, or operational issues resulting from inaccurate data entry or user error.

You acknowledge that the Service provides analytics and insights based on the data you provide, and the quality of these insights depends on data accuracy.

6. Intellectual Property

The Service and its original content, features, functionality, source code, design, and branding are owned by harakacount Ltd and are protected by international copyright, trademark, patent, and other intellectual property laws.

You retain ownership of all data you input into the Service. By using the Service, you grant us a limited license to use, store, and process your data solely to provide and improve the Service.

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. harakacount Ltd is a Kenyan company and handles personal data in accordance with the Kenya Data Protection Act 2019.

Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

8. Limitation of Liability

To the maximum extent permitted by applicable law, harakacount shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, resulting from:

  • Your use of or inability to use the Service
  • Any unauthorized access to your data
  • Service interruptions or technical failures
  • Errors or inaccuracies in the Service
  • Third-party actions or content

Our total aggregate liability to you for all claims shall not exceed the greater of (a) the amount you paid us, if any, in the 12 months preceding the claim, or (b) USD 100.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Where applicable law does not allow the exclusion or limitation of certain damages, the limitations above apply only to the extent permitted, and our liability is limited to the minimum extent that law allows.

9. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

harakacount reports food cost, margin, variance and similar figures from the data you and your team enter, and from files you import. Those outputs are decision-support tools, not professional accounting, tax or financial advice, and they are only as accurate as the underlying data. You remain responsible for verifying any figure before you rely on it for pricing, purchasing, reporting or any regulatory filing.

We do not warrant that the Service will be uninterrupted, timely, secure or error-free, or that defects will be corrected. Any material we provide about our security practices describes our controls as implemented from time to time and is not a warranty or guarantee of any particular outcome.

10. Service Availability and Maintenance

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to:

  • Scheduled maintenance and updates
  • Technical issues or server failures
  • Events beyond our reasonable control (force majeure)
  • Security incidents requiring immediate action

We will provide reasonable advance notice of scheduled maintenance when possible.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or in-app notification at least 30 days before the changes take effect. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

If you do not agree to modified Terms, you must stop using the Service and may request account deletion.

12. Termination

Either party may terminate this agreement at any time:

  • You may close your account at any time through the settings page
  • We may suspend or terminate your account for breach of these Terms
  • We may terminate the Service with 90 days' notice

Upon termination, your right to use the Service ceases immediately. You may request export of your data within 30 days of termination, after which data may be permanently deleted in accordance with our data retention policy.

13. Governing Law and Dispute Resolution

harakacount Ltd is a company registered in Kenya. These Terms, and any dispute or claim arising out of or in connection with them, their subject matter or their formation, whether contractual or non-contractual, are governed by and construed in accordance with the laws of Kenya.

If a dispute arises, we ask that you raise it with us first so we can try to resolve it directly. Email [email protected] with the details, and we will engage in good faith to reach a resolution.

Where a dispute cannot be resolved that way, it shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Nairobi Centre for International Arbitration, which rules are deemed incorporated by reference into this section. The seat of the arbitration shall be Nairobi, Kenya. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The arbitration shall be governed by the Arbitration Act, 1995 (Kenya), and the award shall be final and binding on both parties.

Nothing in this section prevents either party from applying to any court of competent jurisdiction for interim or injunctive relief, including to protect confidential information or intellectual property, or from enforcing an arbitral award in any court having jurisdiction.

If you use the Service as a consumer rather than for business purposes, and the law of the country in which you live gives you the benefit of protections that cannot be excluded by agreement, nothing in this section removes those protections or affects any right you may have under that law to bring proceedings in your local courts.

14. Indemnification

You agree to indemnify and hold harakacount harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

15. Contact Information

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

harakacount Ltd (Reg. PVT-8Z1ZRWD2)
Vihiga Rd, Kileleshwa, Nairobi, Nairobi County, 00100, Kenya
Email: [email protected]
Website: www.harakacount.com

For legal notices, please send correspondence to the email above with "Legal Notice" in the subject line.