These Terms of Service ("Terms") govern your access to and use of the services provided by PIMS Technologies Limited ("PIMS", "we", "us" or "our") — including our business platforms, point-of-sale software, payment technology, cloud services, APIs, websites and related support (together, the "Services").
By creating an account, subscribing to, accessing or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a business, you confirm that you have authority to bind that business, and "you" means that business. If you do not agree, you must not use the Services.
Our Privacy Policy explains how we handle personal information and forms part of these Terms.
1. Definitions
- "Account" — the account created for your business to access the Services.
- "Authorised User" — a person you permit to use the Services under your Account, such as an owner, manager, cashier, accountant or field agent.
- "Your Data" — the data you or your Authorised Users enter into, generate in, or upload to the Services, including products, invoices, sales, customer, supplier and staff records.
- "Fiscal Data" — invoice and transaction data required to be recorded and transmitted for tax purposes.
- "ZRA" — the Zambia Revenue Authority.
- "Subscription" — the plan, tier and term under which you are granted access to the Services.
2. Eligibility and accounts
The Services are intended for businesses and for adults acting on their behalf. They are not offered to children. To use the Services you must provide accurate registration information and keep it current.
Your responsibility for your Account
- You are responsible for all activity under your Account, including the acts and omissions of your Authorised Users.
- You must keep credentials confidential, must not share logins between people, and must notify us promptly of any suspected unauthorised access.
- You are responsible for assigning appropriate roles and permissions to your Authorised Users, and for removing access when a person leaves your business.
- Where we make additional security controls available (such as multi-factor authentication), you are responsible for deciding whether to enable them.
3. The Services
We grant you a non-exclusive, non-transferable, revocable right to access and use the Services during your Subscription, for your business's internal purposes, subject to these Terms.
Features available to you depend on your Subscription tier and on your rollout stage. We may add, change, improve or discontinue features. Where a change materially reduces a core function of the Services, we will give you reasonable notice.
4. Fiscalization and your tax obligations
The Services include functionality to record sales and to prepare and transmit Fiscal Data to the ZRA Smart Invoice system.
You acknowledge and agree that:
- You are the taxpayer. You remain solely responsible for your tax affairs, for the accuracy and completeness of the data you enter, and for compliance with all applicable tax laws and ZRA requirements. PIMS is a software provider and is not your tax agent, accountant or adviser.
- Accuracy of input is yours. The Services compute and transmit on the basis of the information you provide — including prices, tax categories and customer details. Incorrect input produces incorrect fiscal records.
- Fiscal records are immutable. Once a fiscal record has been created and accepted, it cannot be altered or deleted. Corrections must be made through the prescribed mechanisms (such as credit notes). This is a requirement of the fiscal regime and is enforced by the Services by design.
- Transmission depends on third parties. Delivery of Fiscal Data to ZRA depends on ZRA systems and on connectivity outside our control. Where transmission cannot complete immediately, the Services may queue records for later delivery.
- You are responsible for retaining your fiscal records as required by law, and for any filings or returns you must make.
5. Payments and settlement
Where you use our payment technology to accept payments from your own customers:
- PIMS does not hold or custody funds. We operate as a technology integrator. Funds settle directly to your nominated account through regulated payment partners and financial institutions. We are not a bank, deposit-taker, payment service provider or money transmitter, and we do not act as an escrow agent.
- Settlement timing, fees, limits, chargebacks and reversals are governed by your arrangements with the relevant payment partner and financial institution, and by their terms.
- Card and other sensitive payment credentials are handled by those regulated partners and are not stored by us.
- You are responsible for the underlying sale, for the goods or services supplied, and for resolving disputes with your own customers. Where the Services offer dispute or reconciliation tooling, it records and assists a resolution — it does not make us a party to the dispute.
6. Financing and referrals
The Services may present financing options or forecasts based on your trading history.
- PIMS does not lend. We do not provide credit, and we are not a lender, credit provider or credit broker acting on your behalf.
- Where you ask us to, we may refer you — or share information you have expressly consented to share — to a third-party lender. Any credit is provided by that lender under its own terms, and its decision is its own.
- Forecasts, scores and indicators shown in the Services are informational estimates based on your data. They are not an offer of credit, a promise of credit, nor financial advice.
7. Your Data and your customers' data
As between you and PIMS, you own Your Data. You grant us the rights necessary to host, process, transmit and back it up in order to provide the Services, and to comply with law.
Where Your Data includes personal information about your own customers, staff or suppliers, you are the party responsible for it (the controller) and PIMS acts as a processor on your behalf. You are responsible for having a lawful basis for the data you enter, and for any notices or consents your own customers require.
You are responsible for the lawfulness and accuracy of Your Data. We handle personal information as described in our Privacy Policy.
8. Subscriptions, fees and billing
- Fees, plan inclusions and limits are those set out in your plan or order at the time of subscribing.
- Unless stated otherwise, fees are payable in advance for each billing period and are stated exclusive of applicable taxes, which you are responsible for.
- We may change our fees. Changes will not apply to a billing period you have already paid for, and we will give reasonable notice before they take effect.
- You are responsible for paying on time. Late or failed payment may lead to reminders, suspension or termination as described in §9.
- Some plan limits (such as seats, branches or catalogue size) are enforced by the Services.
9. Suspension and termination
By you
You may stop using the Services and cancel your Subscription in accordance with your plan.
By us
We may suspend or terminate access where: you materially breach these Terms; fees remain unpaid after notice; we are required to by law or by a regulator; or your use poses a security, legal or fraud risk to the Services or to others.
Where we suspend an Account for non-payment, we aim to act proportionately rather than abruptly — for example by restricting the creation of new charges while leaving in place the functions needed to correct or unwind existing records. Suspension does not extinguish your obligation to comply with tax law, and it does not delete your fiscal records.
Effect of termination
- Your right to access the Services ends.
- We will make Your Data available for export for a reasonable period after termination, after which it may be deleted.
- Fiscal records are retained for the periods required by tax and record-keeping law, regardless of termination, and may not be deleted on request where the law requires their retention.
- Provisions which by their nature should survive (including §§7, 10, 13–16, 18–20) survive termination.
10. Acceptable use
You must not, and must not permit anyone to:
- use the Services for any unlawful purpose, including tax evasion, fraud, money laundering or terrorist financing;
- enter data you know to be false, or use the Services to misrepresent a transaction;
- attempt to circumvent fiscal controls, audit trails, tamper protections or plan limits;
- probe, scan, penetrate or test the security of the Services without our prior written consent, or attempt to gain unauthorised access to any account, system or data;
- reverse engineer, decompile or copy the Services, except to the extent that restriction is prohibited by law;
- resell, sublicense or provide the Services to a third party as a service bureau, except as expressly agreed;
- upload malware, or interfere with or place undue load on the Services;
- use the Services to send unlawful or unsolicited messages.
11. Third-party services
The Services interoperate with third parties — including ZRA, payment partners and financial institutions, messaging providers (such as SMS, USSD and WhatsApp/Meta), and hosting and infrastructure providers. Your use of those services may be subject to their own terms. We are not responsible for third-party services, their availability, or their acts or omissions, save as expressly set out in these Terms.
12. Availability, support and maintenance
We work to keep the Services available and secure, and we may perform maintenance. We may need to suspend availability temporarily for maintenance, security or reasons beyond our control. Unless we have agreed a separate written service level with you, the Services are provided on an "as available" basis and we do not commit to a specific level of uptime.
Support is provided through the channels described on our website or in your plan.
13. Intellectual property
The Services, including all software, interfaces, designs, documentation, trade marks and brand elements, are and remain owned by PIMS or its licensors. Nothing in these Terms transfers any of those rights to you, other than the limited right to use the Services set out in §3.
If you give us feedback or suggestions, we may use them without obligation to you.
14. Warranties and disclaimers
We warrant that we will provide the Services with reasonable care and skill.
To the fullest extent permitted by law, and except as expressly stated in these Terms, the Services are provided "as is" and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that they will meet every requirement of your business.
The Services are not a substitute for professional tax, accounting, legal or financial advice.
15. Indemnity
You will indemnify and hold us harmless against claims, losses and reasonable costs arising from: Your Data; your use of the Services in breach of these Terms or of law; your tax affairs; or a dispute between you and your own customer, supplier or staff member.
16. Confidentiality
Each party may receive information of the other that is confidential. Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law or by a regulator.
17. Changes to these Terms
We may update these Terms from time to time. Where a change is material, we will give reasonable notice — for example by posting a notice on our website or in the Services, or by contacting you. Your continued use of the Services after the change takes effect means you accept the updated Terms. If you do not accept them, you must stop using the Services.
18. Governing law and disputes
These Terms are governed by the laws of the Republic of Zambia. The parties submit to the exclusive jurisdiction of the courts of Zambia.
Before commencing proceedings, the parties will attempt in good faith to resolve any dispute by discussion between senior representatives.
19. General
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or reorganisation.
- Entire agreement. These Terms, together with your plan or order and our Privacy Policy, are the entire agreement between us on this subject.
- Severability. If any provision is held unenforceable, the rest remains in force.
- No waiver. A failure to enforce a provision is not a waiver of it.
- Force majeure. Neither party is liable for failure caused by events beyond its reasonable control.
- No partnership. Nothing in these Terms creates a partnership, agency or employment relationship.
- Notices. We may give notice through the Services, by email to your Account contact, or on our website.
20. Contact us
Questions about these Terms:
PIMS Technologies Limited
Lusaka, Zambia
Email: info@pimstechnologies.com
Web: pimstechnologies.com/contact.html