ZakiPOS Terms of Use

1. The service

ZakiPOS lets a business take orders, manage tables and the kitchen, record payments, print receipts and kitchen tickets, manage cash and tills, track inventory and see reports. It works with the business's OverZaki account and dashboard, where the menu, staff, devices and settings are managed. Some features depend on the business's OverZaki plan, devices and printers.

2. Accounts and access

• ZakiPOS is for businesses and their authorized staff. You must be at least 18, or of legal working age where you work and authorized by your employer.
• Accounts are created in the OverZaki dashboard; the app has no sign-up. The business owner decides who may use ZakiPOS, with which role, and on which devices.
• Keep your password and PIN secret and do not share them. You are responsible for what is done with your account, your PIN and your registered devices. Tell us at once at dev@overzaki.com if you think your account is being misused.

3. The business's responsibilities

• The business is responsible for its products, prices, taxes, receipts and service to its customers, and for complying with the laws that apply to it, including consumer-protection, tax, food-safety and data-protection laws.
• The business is responsible for having a lawful basis to record its customers' and staff's data in ZakiPOS, and for telling them how it is used.
• The business is responsible for its card terminals, payment providers, printers, network and devices, and for checking its cash counts and reports.

4. Acceptable use

You must not:

• use ZakiPOS for anything unlawful, fraudulent or harmful, or to sell goods or services that are illegal where you operate;
• try to access accounts, stores or data that are not yours, or test, probe or break our security;
• copy, modify, reverse engineer or resell the app, except as the law allows;
• interfere with or overload the service, or access it by automated means without our written permission;
• upload content that infringes others' rights or contains malware.

5. Fees

The ZakiPOS app is free to download. Using it requires an active OverZaki account; any subscription or fees for that account are agreed separately with OverZaki under the OverZaki Terms and Conditions. Payments that customers make to a business are between the customer and that business.

6. Working offline, and your data

• When a device is offline, ZakiPOS keeps its sales on the device and sends them when the connection returns. Sales on a device that is lost, reset or has the app deleted before it reconnects can be lost, so reconnect your devices regularly.
• The business owns its data. It allows OverZaki to host, process and display that data only to provide and improve the service, as the ZakiPOS Privacy Policy describes.

7. Updates and availability

• We improve ZakiPOS regularly, and the app can download updates by itself. Some updates may be needed to keep using it.
• We aim to keep ZakiPOS available at all times, but we do not promise that it will run without interruption or errors. We may pause parts of the service for maintenance, security or legal reasons, with notice where we reasonably can.

8. Third-party services and hardware

ZakiPOS works with devices, printers, payment terminals, networks and services from other companies. Those are governed by their own terms, and OverZaki is not responsible for them.

9. Intellectual property

ZakiPOS, its software and design, and the OverZaki and ZakiPOS names and logos belong to OverZaki or its licensors. We give you a personal, non-exclusive, non-transferable and revocable licence to use the app for your business while these terms apply. Your business keeps all rights to its own content and data.

10. Disclaimer

ZakiPOS is provided "as is" and "as available". To the extent the law allows, we disclaim warranties of merchantability, fitness for a particular purpose and non-infringement.

11. Limitation of liability

To the extent the law allows, OverZaki is not liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, arising from the use of ZakiPOS. Our total liability for any claim about ZakiPOS is limited to the amount the business paid OverZaki in the three months before the claim. Nothing in these terms limits liability that the law does not allow to be limited.

12. Indemnity

The business will compensate OverZaki for third-party claims that arise from its use of ZakiPOS in breach of these terms or the law.

13. Suspension and termination

You can stop using ZakiPOS at any time. We may suspend or end access to ZakiPOS if these terms are breached, if the law requires it, or if the OverZaki account ends. When an account ends, the business can ask us to export its data within 30 days; after that, we delete it as the Privacy Policy describes.

14. Apple App Store and Google Play

• These terms are between you and OverZaki, not Apple Inc. or Google LLC. OverZaki, not Apple or Google, is responsible for ZakiPOS and its content, maintenance and support, and for any claims about it, including product liability, legal compliance and intellectual-property claims.
• Apple has no obligation to provide maintenance or support for ZakiPOS. If ZakiPOS fails to meet an applicable warranty, you may notify Apple, which will refund the purchase price, if any (ZakiPOS is free); Apple has no other warranty obligation for it.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
• Your use of the app must also follow the App Store and Google Play terms that apply to you.

15. Governing law

These terms are governed by the laws of the State of Kuwait, and the courts of Kuwait have jurisdiction over any dispute, unless the law where you live gives you rights that cannot be waived.

16. Changes to these terms

We may update these terms. We will post the new version on this page with its date and tell businesses about important changes in advance. Using ZakiPOS after a change means you accept it.

17. Contact us

Over Zaki Information Technology, Salmiya, Kuwait. Email: dev@overzaki.com. Phone and WhatsApp: +965 2228 9957.