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LEGAL TERMS OF SERVICE

Terms of Service

Last Updated: February 2025

These Terms of Service ("Terms") govern your use of the Fiscal Shift virtual fiscalisation platform and related services ("Service") provided by Fiscal Shift ("we", "our", or "us"). By using our Service, you agree to be bound by these Terms.

1. Service Description

Fiscal Shift provides cloud-based virtual fiscal device (VFD) software that enables businesses to comply with ZIMRA's fiscalisation requirements. Our Service includes:

  • Virtual fiscal device software for transaction processing
  • Real-time data transmission to ZIMRA's FDMS
  • Fiscal receipt generation (digital and printable)
  • API integrations with supported POS, ERP, and e-commerce platforms
  • Cloud dashboard for monitoring and reporting
  • Ongoing technical support and software updates

2. Eligibility

To use our Service, you must:

  • Be a registered business entity in Zimbabwe or an applicable jurisdiction
  • Be VAT-registered with ZIMRA (or in the process of registration)
  • Have authority to enter into this agreement on behalf of your business
  • Provide accurate and complete information during onboarding

3. Subscription & Pricing

Our Service operates on a subscription model:

  • Setup Fee: A one-time onboarding and installation fee applies, as specified in our pricing schedule
  • Annual License: Recurring annual fee for continued use of the VFD software, support, and updates
  • Pricing Changes: We may adjust pricing with 60 days' written notice before your next renewal period
  • Payment Terms: Payment is due upon invoice. Late payments may result in service suspension after a 14-day grace period

4. Your Responsibilities

As a user of our Service, you agree to:

  • Use the Service only for lawful business purposes and in compliance with all applicable laws
  • Maintain accurate business and contact information in your account
  • Ensure your IT infrastructure meets the minimum system requirements we specify
  • Maintain a stable internet connection for real-time FDMS transmission
  • Not attempt to reverse-engineer, decompile, or otherwise extract source code from our software
  • Not share your API credentials or account access with unauthorised parties
  • Promptly report any security vulnerabilities or suspected breaches

5. Service Level Agreement

We commit to the following service levels:

  • Uptime: 99.9% platform availability, measured monthly (excluding scheduled maintenance)
  • Support Response: Priority support for annual license holders; standard support for all active accounts
  • Scheduled Maintenance: Planned maintenance windows will be communicated at least 48 hours in advance
  • Incident Resolution: Critical issues affecting fiscalisation will be treated as highest priority

6. Intellectual Property

All intellectual property rights in the Fiscal Shift platform, including software, documentation, branding, and proprietary technologies, remain our exclusive property. Your subscription grants you a limited, non-exclusive, non-transferable licence to use the Service for the duration of your subscription.

7. Data Ownership

You retain ownership of your business data processed through our platform. We have a licence to use this data solely for the purposes of providing and improving our Service, and as required by law (including ZIMRA transmission requirements). See our Privacy Policy for full details.

8. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability for any claims arising from the Service shall not exceed the fees paid by you in the 12 months preceding the claim
  • We shall not be liable for indirect, incidental, consequential, or punitive damages
  • We are not liable for losses caused by factors outside our control, including internet outages, ZIMRA system downtime, or force majeure events
  • You are responsible for ensuring your own compliance obligations are met; our Service is a tool to assist compliance, not a guarantee of it

9. Termination

  • By You: You may terminate your subscription at any time. No refunds are provided for unused portions of prepaid periods
  • By Us: We may suspend or terminate your access for breach of these Terms, non-payment, or if required by law
  • Effect of Termination: Upon termination, your access to the dashboard and API will be revoked. We will retain transaction data as required by ZIMRA retention policies
  • Data Export: You may request an export of your data within 30 days of termination

10. Warranties & Disclaimers

We warrant that our Service will perform substantially in accordance with our documentation. Except for this limited warranty, the Service is provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

11. Governing Law

These Terms are governed by the laws of the Republic of Zimbabwe. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Zimbabwe.

12. Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via email at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Contact

For questions about these Terms, contact us:

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