Terms of service

These terms cover the use of Dukkan by a shop and the people who work in it. By creating a shop, completing its first-run setup, or using the service, the merchant agrees to them.

Who this is between

The agreement is between Ismail A. Amassi, trading as Dukkan, Gaza, Palestine ("we", "the provider") and the merchant — the person or business that runs the shop, identified by the owner account the shop was created with. Staff accounts, cashier PINs and enrolled terminals all act under that merchant's account and do not form separate agreements.

The service is for business use. The person who opens a shop account confirms that they are at least eighteen years old and are entitled to act for the business the shop belongs to.

Accepting these terms

Two moments are recorded, and they answer different questions:

1. At creation. The version of these terms in force when a shop is created is stamped onto the shop. It answers "which text applied to this shop".
2. At first-run setup. When the owner completes the setup wizard, the version they accepted, the moment they accepted it, and the account it was accepted under are recorded. It answers "did the merchant agree".

Enrolling a terminal is neither. A cashier signing a till into a shop is not the merchant agreeing to anything, and the app never asks them to.

The service

We provide a point-of-sale system: a till, a catalogue, clients and debts, stock, reports, receipts and invoices, staff accounts, and a mobile app that keeps selling while the connection is down and syncs when it returns.

What a shop gets depends on its plan. Plans set limits — how many products, how many staff, which features — and those limits are enforced. A shop over its limits is given a grace period rather than being cut off immediately. We may add, change or retire features; if we retire a feature a shop is paying for, we will tell the merchant at least thirty days ahead.

The subscription and payment

• Plans and prices are those published on the pricing page or agreed with the merchant in writing. Prices are stated per shop and per period; where a tax applies to them, it is added at the rate in force.
• Payment is in advance, for the period chosen, by bank transfer, cash or a mobile wallet as agreed with us. A shop is activated, or its subscription extended, once payment is received.
• A shop is active until a date. Past that date — plus any grace days its plan allows — it is blocked: the data remains, and selling stops. A blocked shop is reactivated by extending the subscription; nothing is deleted by being blocked.
• First payment, fourteen days to change your mind. If, within fourteen days of a shop's first payment, the merchant tells us they wish to stop, we refund that payment in full and close the shop. This applies once, to the first paid period only.
• Renewals are not refunded. A renewal payment buys the period it names, and the shop keeps access to the end of that period even if the merchant stops using it. We do not refund unused time, except where the law requires us to or where we have ended the agreement without cause, in which case we refund the unused whole months.
• A blocked shop is kept, then may be deleted. A shop that stays blocked for six months may be deleted. We email the owner at least thirty days before doing so, and the shop can be exported or renewed in that time.

Accounts and security

The merchant is responsible for who holds their credentials: the owner login, the shop's licence code, and the staff PINs. A licence code signs a device into the shop, so it should be treated as a credential and not shared. Anything done under the merchant's accounts and devices is treated as done by the merchant until we are told otherwise.

Terminals can be revoked at any time from the Devices screen, which immediately cuts that device off. Please revoke a device that is lost rather than only changing PINs, and tell us promptly through the contact form if you believe an account has been compromised.

The shop's data

The merchant's data is the merchant's. We store and process it to run the service and on the merchant's instruction — the data processing addendum is the detail, and the privacy policy is the plain-language summary.

The merchant can export the entire shop as a single file at any time. That is also what happens on the way out: an export is offered before a shop is deleted. We recommend keeping a recent export outside the platform; the platform's own backups exist to recover the service, not to replace the merchant's records.

The merchant is responsible for the data they put into the shop: for having the right to hold their clients' names, phone numbers and balances, for telling those clients what they need to be told, and for answering their requests. We assist as the addendum describes.

The merchant's obligations

The merchant runs the shop; we run the software. The merchant remains responsible for:

• complying with the laws that apply to their trade — tax, invoicing and receipts, consumer protection, and record-keeping — and for the accuracy of the prices, taxes and figures entered into the system;
• the conduct of their staff on the platform;
• keeping their contact email current, since it is where notices are sent.

Acceptable use

The service may not be used to break the law, to store data the merchant has no right to store, to attack, probe or overload the platform, to interfere with another shop, or to resell access to it as if it were the merchant's own product.

If a shop breaches these terms we may suspend it. Where the breach can be put right, we first write to the owner, say what is wrong, and give at least seven days to fix it. Where it cannot wait — unlawful use, an attack on the platform, or a risk to other shops or their clients — we may suspend at once and explain afterwards. A merchant may reply to any suspension through the contact form, and we lift it as soon as the cause is removed.

Availability and support

The platform is a hosted service and depends on the sub-processors named in the privacy policy. We work to keep it available at all times, but we do not promise uninterrupted service. Planned maintenance is done outside shop hours where possible, and we tell merchants ahead of anything longer than an hour. The mobile app is built to keep selling through an outage and to sync afterwards, which limits — but does not remove — the effect of one.

Support is through the contact form; we aim to reply within two working days.

Warranty and liability

The service is provided as it is. We do not promise that it will be free of errors or suited to every purpose, and the merchant is responsible for checking that it meets their needs — a free trial exists for that.

To the fullest extent the law allows:

• we are not liable for loss of profit, loss of business, loss of data the merchant could have exported, or any indirect or consequential loss;
• our total liability to a merchant, for all claims in any twelve-month period, is limited to the fees that merchant paid us in the twelve months before the claim arose.

Nothing in these terms excludes liability for fraud, for death or personal injury caused by negligence, or for anything the law does not allow to be excluded.

The merchant will compensate us for claims made against us by third parties that arise from the merchant's unlawful use of the service or from data the merchant had no right to put into it.

Ending the agreement

A merchant may stop using the service at any time and take their export with them; a shop is closed by asking us through the contact form. We may end the agreement on thirty days' written notice to the owner's email, in which case we refund the unused whole months of any prepaid period. We may end it at once for a serious breach that has not been fixed after notice under Acceptable use, or if the platform itself is discontinued — in which case we give at least sixty days' notice and refund unused whole months.

A shop that is closed is retained for ninety days and then permanently deleted; the addendum describes what that means for backups. Fees already earned for a period that has run are not refunded on termination except as these terms say.

Changes to these terms

The version in force is shown at the foot of this page. When it changes, the new version applies to shops created after it. For existing shops, we email the owner at least thirty days before a material change takes effect and, where possible, show a notice inside the product; corrections and clarifications that do not reduce a merchant's rights take effect when published. Continuing to use the service after the date given means the merchant accepts the new version. A merchant who does not accept it may export the shop and end the agreement before that date, and we refund the unused whole months of any prepaid period.

Governing law

These terms, and any dispute arising from them or from the use of the service, are governed by the laws in force in Palestine. The courts of Gaza have jurisdiction, without prejudice to any right a merchant has under the law of their own place of business to bring a claim there. Before going to court, both sides agree to try to settle the matter in writing through the contact form first, allowing thirty days for a reply.

If any part of these terms is found invalid, the rest continues to apply. These terms, the privacy policy and the data processing addendum are the whole agreement between the merchant and us about the service; if they conflict on a data-protection matter, the addendum prevails.

Contact

Questions about these terms go through the contact form.