Terms of Service

1. Agreement and contract documents

These Terms of Service govern access to Bibeno POS, Bibeno Backoffice, connected devices, support tools, and related services provided by Bibeno. The customer agreement is formed when an authorised representative affirmatively accepts these terms during registration or checkout, signs or accepts an order that incorporates them, or uses another acceptance method clearly presented for that transaction.

If you accept these terms for a business, you confirm that you are authorised to bind that business. Invited users and connected-device users must comply with the applicable use, security, privacy, and acceptable-use rules, but their ordinary use does not replace the affirmative business acceptance required for a purchase or material new obligation. If you do not agree with the terms presented for your role, do not create or use the account and notify the customer administrator.

These terms may be supplemented by plan pages, invoices, checkout confirmations, order forms, onboarding scopes, hardware terms, data-processing terms, support policies, and written commercial terms accepted by the business. If there is a conflict, the more specific written commercial term applies to that transaction, unless applicable law requires otherwise.

Bibeno records acceptance of these Terms and, where presented, the Refund, Cancellation, and Billing Policy, together with acknowledgement of the Privacy Notice. Evidence may include the user and business, presentation context, document IDs, versions and content hashes, material notices, timestamp, source, IP address, user agent, checkout intent, invoice, and provider transaction reference.

2. Business software only

Bibeno is business operations software for POS, backoffice, reporting, product, inventory, loyalty, employee, device, support, billing, and related workflows. It is not legal, tax, accounting, labour, payment, food-safety, payroll, or financial advice.

You remain responsible for decisions made from your business records, reports, exports, device activity, stock records, payment settings, loyalty activity, and user permissions.

You must make sure your use of Bibeno is suitable for your business, industry, store setup, tax treatment, employment practices, customer notices, direct marketing, and recordkeeping duties.

3. Accounts, roles, and security

You must provide accurate account details and keep them current. You are responsible for activity authorised through your account, including activity by employees, invited users, and connected devices. You are not responsible to the extent an unauthorised event was directly caused by Bibeno's breach of these Terms or failure to apply the security measures Bibeno expressly committed to provide.

You must protect passwords, PINs, two-factor codes, device pairing codes, and recovery credentials. Tell us promptly if you suspect unauthorised access, a lost device, or incorrect permissions.

Administrators control which users, roles, stores, devices, and add-ons can access the service. You are responsible for reviewing access regularly and removing users or devices that should no longer have access.

• Administrators are responsible for assigning suitable roles and reviewing staff access.
• Employee invitations may expire and may be limited to a specific email address or business.
• You must not share personal logins, device keys, API keys, or administrator credentials.
• We may require verification before restoring access to an account.

4. Electronic supplier disclosures

Where Bibeno offers services through an electronic transaction, the final checkout, invoice, order form, and linked legal pages make available the verified supplier identity and contact details, registration and service-address details, service description, full price and taxes, additional charges, payment method, performance timing, renewal and cancellation rules, complaint route, privacy and security information, and a way to retain the transaction record.

The following supplier facts form part of Bibeno's electronic-transaction disclosures and must resolve to verified values in the exact published document version presented to a customer.

BIBENO (PTY) LTD

2026/355321/07

South Africa

Jean Posthumus

Plot 17 Second Street, Mooilande AH, Meyerton, Gauteng, 1963, South Africa

Plot 17 Second Street, Mooilande AH, Meyerton, Gauteng, 1963, South Africa

support@bibeno.co.za

support@bibeno.co.za

+27 60 659 1848

Any current membership of an accreditation body, industry code, or ombud scheme that applies to the transaction is disclosed through Bibeno's published supplier or complaint information. Bibeno does not claim a membership, accreditation, or code subscription unless its current verified status and access details are expressly published.

If a plan, add-on, setup fee, hardware item, or service is sold through a third-party payment provider, bank, card network, app store, or partner, that third party may apply its own verification, refund, chargeback, settlement, tax, and account rules.

5. Subscriptions, renewals, and billing

Paid plans, add-ons, hardware, implementation work, and support packages are billed according to the plan, invoice, order form, or checkout terms shown at purchase. Bibeno is not currently registered for VAT and does not add VAT to the listed prices. If that status changes, the checkout or accepted order will disclose the applicable tax and total price before purchase. Delivery, installation, or other transaction-specific fees are disclosed before the order is submitted.

You authorise us and our payment providers to charge the selected payment method for recurring fees, usage-based fees, device fees, and applicable taxes. If payment fails, we may retry collection, request updated billing details, suspend paid features, or restrict access after reasonable notice.

Subscriptions renew until cancelled, expired, suspended, or replaced according to the applicable billing cycle. Annual plans, monthly plans, pilot offers, add-ons, and discounted offers may have different renewal, cancellation, and upgrade rules.

We may change pricing, plan names, plan limits, included storage, add-on pricing, setup fees, or billing structures. If a change materially affects an active paid subscription, we will provide reasonable notice before the change applies to the next renewal or purchase where required by law or by the applicable checkout terms.

• Refunds, credits, and cancellations are handled according to the Refund, Cancellation, and Billing Policy, the applicable plan, or a written agreement.
• You remain responsible for fees incurred before cancellation or suspension.
• Billing disputes must be raised promptly so we can investigate them with the payment provider.
• Payment providers, banks, card networks, and app stores may apply their own rules, fees, delays, chargeback processes, or verification requirements.

6. Setup, onboarding, imports, and hardware

Setup, onboarding, configuration, import, migration, training, and implementation fees pay for work performed to prepare or support an account. Unless a written agreement, checkout term, the Refund, Cancellation, and Billing Policy, or applicable law says otherwise, those fees may be non-refundable once the work has started.

If hardware, tablets, printers, scanners, cash drawers, terminals, routers, accessories, or installation work are supplied, the applicable quote, invoice, delivery note, warranty, return, repair, ownership, rental, insurance, and risk terms will apply.

You are responsible for giving accurate import files, product lists, tax settings, price lists, loyalty rules, supplier records, store details, and user instructions. You must review migrated or imported records before using them in live operations.

7. POS operations, devices, and data accuracy

Bibeno helps manage sales, products, inventory, staff access, devices, reporting, and related backoffice workflows. You are responsible for checking that your products, prices, taxes, discounts, stock quantities, payment settings, and reports are accurate for your business.

Hardware, internet connectivity, payment terminals, printers, scanners, and third-party integrations can affect service performance. You are responsible for maintaining supported devices, stable connectivity, and any third-party accounts needed for your operations.

Device sync, offline use, imports, exports, inventory updates, order status changes, loyalty calculations, and reports can be affected by incorrect setup, delayed sync, duplicate input, network failures, user error, third-party outages, unsupported workflows, or device configuration. You must review critical records before relying on them for tax, payroll, accounting, stock purchasing, customer disputes, or legal reporting.

If devices work offline, you are responsible for reconnecting them regularly, checking sync status, resolving duplicate or failed uploads, and keeping local devices secure.

7A. Online ordering and merchant storefronts

Before accepting public orders, the customer must publish accurate supplier identity and contact details, prices and taxes, delivery or collection rules, order-acceptance timing, cancellation and refund rules, privacy information, complaint routes, and any product, allergen, age, safety, licence, or other disclosure required for what it sells. The customer must keep those details aligned with each active branch, menu, fulfilment method, payment option, and policy version.

A displayed menu, availability indicator, basket, quote, or payment initiation is not a promise that an order has been accepted. The customer must configure whether acceptance is automatic, manual, or scheduled and must communicate the resulting status clearly. A successful payment does not remove the customer's duty to accept, fulfil, reject, cancel, substitute, or refund the order lawfully.

For end-customer names, contact details, addresses, order contents, delivery instructions, allergy information, and similar storefront data, the customer normally decides why and how the information is used and acts as the responsible party. Bibeno normally acts as the customer's operator under the Data Processing Agreement. The customer must not request unnecessary special personal information or use free-text order notes as a substitute for a properly approved health, consent, or safety process.

Where the customer connects its own Paystack or another approved payment account, that provider's authorisation and settlement records remain authoritative. Bibeno supplies the integration and transaction evidence but does not become the merchant of record, seller, bank, card issuer, escrow agent, or custodian of the customer's sale proceeds merely because the order passed through Bibeno.

Live public ordering remains unavailable until the online-ordering feature gate and its branch-scoped legal, privacy, payment, fulfilment, refund, and checkout evidence are approved. Previewing a catalogue does not by itself authorise live orders.

8. Storage, exports, and data lifecycle

Plans and add-ons may include storage limits for uploaded media, documents, exports, device data, sales records, support records, and other account content. If an account reaches its storage limit, uploads or storage-heavy features may be restricted until storage is reduced or additional storage is added.

Bibeno may use automated retention, optimisation, deduplication, and cleanup processes to keep the service reliable and commercially sustainable. These processes may remove temporary export files, old import sessions, deleted notifications, unlinked uploaded media, expired trial data, and other operational records after the applicable retention period.

We may store sales and order information in both detailed and summarised forms. Summary records may be used for reporting, product ranking, loyalty recommendations, analytics, billing support, fraud prevention, and service performance without loading the full original transaction payload each time.

• You should export business records you need before closing an account, deleting a business, or allowing a trial or subscription to expire.
• Automated cleanup does not remove records we reasonably need for legal, tax, audit, billing, security, dispute, backup, or legitimate business purposes.
• Deleted or replaced uploaded images may be removed from object storage when they are no longer referenced by active account content.

9. Customer data and privacy

You retain ownership of business data, sales data, product data, customer records, employee records, supplier records, uploaded content, and other content you submit to the service. You grant us the rights needed to host, process, secure, support, transmit, back up, analyse, and display that data for the service.

You are responsible for collecting personal information lawfully, giving notices required for your business, and ensuring that your use of Bibeno complies with privacy, labour, tax, payment, consumer protection, direct marketing, and recordkeeping laws that apply to you.

For personal information that you enter about your customers, employees, suppliers, loyalty members, and business contacts, you usually decide the purpose and means of processing. Bibeno generally acts as a service provider or operator for that business content, while Bibeno may act as the responsible party for its own account, billing, support, security, website, and service administration records.

If you use loyalty, marketing, email, SMS, customer import, or audience tools, you must keep proof of consent or another lawful basis, identify the sender, include required contact details, honour unsubscribe and objection requests, and avoid sending unlawful or misleading direct marketing.

The published Data Processing Agreement and its security, subprocessor, transfer, assistance, return, and deletion terms form part of the service contract whenever Bibeno processes customer-controlled personal information as an operator. A signed order may add stricter lawful instructions but may not silently weaken mandatory safeguards.

10. Acceptable use

You may use the service only for lawful business purposes. You must not misuse the platform, interfere with security, attempt to access another tenant, copy or reverse engineer restricted parts of the service, or use the service to process illegal, harmful, deceptive, or infringing activity.

We may suspend or restrict access if we reasonably believe use of the service creates security risk, legal risk, payment risk, platform abuse, or harm to another customer.

• Do not upload malicious code, unlawful content, stolen data, or data you do not have authority to process.
• Do not interfere with another customer, provider, device, network, payment flow, or support system.
• Do not use automated scraping, credential stuffing, load testing, benchmarking, or security testing without written permission.
• Do not use Bibeno to send unlawful marketing, spam, misleading promotions, or messages without required consent.

11. Third-party services and integrations

The service may depend on third-party providers such as hosting, databases, object storage, payment processors, email providers, SMS providers, app stores, device platforms, analytics, monitoring, backup tools, domain providers, and integration partners.

Third-party services are governed by their own terms, privacy notices, availability, fees, settlement timing, support rules, and restrictions. Bibeno is not responsible for a third party's independent outage, suspension, rejected payment, delivery failure, or policy change outside Bibeno's reasonable control. This does not excuse Bibeno from its own contractual or legal duties when selecting, configuring, instructing, monitoring, replacing, or responding to a provider.

If you connect your own third-party account or integration, you authorise Bibeno to access, exchange, store, and process data as needed to provide the integration.

12. Support, updates, and availability

We aim to provide reliable service and practical support, but we do not guarantee that the service will be uninterrupted, error-free, or available at every moment. Maintenance, updates, outages, third-party incidents, device issues, and network problems may affect availability.

We may improve, change, add, remove, or rename features over time. We will try to avoid changes that materially reduce core paid functionality without notice or a reasonable alternative.

Beta, pilot, free-trial, preview, experimental, or early-access features may be changed, limited, paused, or withdrawn. We may use feedback, support requests, usage patterns, and error information to improve those features.

Support may require access to account details, logs, configuration, screenshots, records, or device information. We may decline unsafe, unlawful, abusive, unsupported, or out-of-scope support requests.

13. Intellectual property

Bibeno, the service design, software, workflows, documentation, visual assets, trade names, logos, and platform technology are owned by Bibeno or its licensors. These terms do not transfer ownership of our intellectual property to you.

Subject to these terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the service for your own internal business operations while your account is active.

You may not copy, resell, sublicense, lease, white-label, host, distribute, mirror, scrape, reverse engineer, decompile, bypass access controls, remove notices from, or create a competing or pirated version of Bibeno or any part of the service.

You may not sell access to Bibeno as your own product, share restricted access credentials, device keys, API keys, source code, database structures, designs, screenshots, templates, documentation, or product materials except as allowed by the service or with our written permission.

You may not use our brand assets, screenshots, trade names, logos, or product materials in a way that suggests endorsement, causes confusion, misleads customers, or damages the brand without written permission.

If you give us feedback, ideas, requests, or suggestions, we may use them to improve Bibeno without owing compensation or creating joint ownership, unless a written agreement says otherwise.

14. Copyright, trade marks, and takedown complaints

If you believe content or activity in Bibeno infringes your copyright, trade mark, or other rights, contact us with your name, contact details, the work or mark you claim is protected, the location of the content or activity, the legal basis for your complaint, and enough evidence for us to investigate.

We may remove or restrict access to content, accounts, businesses, integrations, uploads, or materials that we reasonably believe infringe rights, violate these terms, or create legal risk. We may also suspend repeat infringers and preserve records needed for investigations, disputes, providers, regulators, or legal claims.

If someone copies, clones, hosts, resells, pirates, white-labels, or impersonates Bibeno or uses Bibeno branding without permission, we may pursue account suspension, hosting or domain complaints, payment-provider reports, app-store reports, takedown requests, cease-and-desist demands, and any other legal remedies available.

15. Confidentiality

Each party may receive non-public information from the other. The receiving party must use reasonable care to protect confidential information and may use it only to provide, receive, support, secure, or improve the service unless the disclosing party agrees otherwise.

Confidential information does not include information that is public without breach, independently developed without use of confidential information, lawfully received from another source, or required to be disclosed by law, court, regulator, payment provider, or professional adviser.

16. Termination, suspension, and deletion

You may stop using the service or cancel according to the applicable plan and the Refund, Cancellation, and Billing Policy. We may suspend or terminate access for non-payment, serious security concerns, unlawful use, material breach, or where required by law.

Suspension may limit paid or risky operations until the issue is resolved. Bibeno will preserve reasonable access to cancellation, complaints, payment history, privacy requests, and lawful data export where doing so is safe and legally permitted. Suspension does not remove fees already incurred unless required by law or agreed in writing.

After termination, we apply the published retention and deletion schedule and may retain restricted records for legal, tax, audit, security, backup, dispute, transaction-integrity, and other lawful purposes. You should export needed business records before closing an account where export tools are available. Trial, unpaid, closed, and inactive accounts enter a policy-driven suspension, export, retention, and deletion process after applicable notice or grace periods rather than immediate hard deletion.

If a business, store, user, device, or account is deleted, deactivated, or removed, some related records may remain where needed for audit trails, security logs, invoices, transaction integrity, backups, support history, or legal compliance. Some deleted data may not be recoverable.

17. Disclaimers and liability

The service is provided on an as-is and as-available basis to the maximum extent allowed by law. We do not promise that the service will meet every business need or that every report, sync, import, export, or integration result will be error-free.

To the maximum extent allowed by law, Bibeno is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, loss of profit, loss of revenue, business interruption, loss of goodwill, or loss of data arising from use of the service.

Subject to the exclusions below and unless a signed order provides a different fair allocation, each party's aggregate liability arising from the service is limited to the fees paid or payable for the affected service during the twelve months before the first event giving rise to the claim. If the service was free, a reasonable nominal cap must be stated conspicuously in the applicable pilot or free-service terms rather than inferred from this clause.

The cap and exclusions do not apply to payment obligations; fraud or fraudulent misrepresentation; wilful misconduct or gross negligence to the extent it cannot be limited; unlawful infringement or misuse of the other party's intellectual property; breach of confidentiality or data-protection duties where a different lawful cap or mandatory liability applies; death or personal injury where liability cannot be limited; or any right or liability that applicable law prohibits the parties from excluding or limiting.

18. Indemnity

The customer indemnifies Bibeno against a third-party claim to the extent directly caused by customer content, customer instructions, or customer use of the service that unlawfully infringes that third party's rights or materially violates the Acceptable Use Policy. The indemnity does not apply to the extent the claim was caused by Bibeno's breach, negligence, unauthorised change, or use outside the customer's lawful instructions.

Bibeno will notify the customer promptly of a covered claim, provide reasonable cooperation at the customer's cost, and allow the customer to control the defence and settlement, provided no settlement admits fault by, imposes an obligation on, or restricts Bibeno without Bibeno's written consent. Both parties must take reasonable steps to mitigate loss.

Subject to the same procedure and the liability section, Bibeno will defend a third-party claim that the unmodified paid Bibeno service infringes that party's South African intellectual-property right and may obtain continued use, replace or modify the affected service, or terminate it and provide any credit or refund required by the accepted order or applicable law. This does not cover customer content, combinations not supplied by Bibeno, use after notice to stop, or compliance with customer specifications.

19. Consumer and mandatory rights

Nothing in these terms excludes or limits rights that cannot legally be excluded or limited, including rights that may apply under consumer protection, data protection, payment, labour, tax, electronic communications, or other mandatory laws.

If a customer is treated as a consumer under applicable law, any cancellation, cooling-off, refund, renewal, disclosure, warranty, or dispute rights required by that law will apply despite anything inconsistent in these terms.

For business customers, the parties agree to first try to resolve disputes in good faith through support or written escalation before starting formal proceedings, unless urgent legal relief is needed.

20. Governing law and disputes

Unless a written agreement says otherwise, these terms are governed by the laws of South Africa. The parties will first try to resolve disputes in good faith through support or written escalation before starting formal proceedings.

Nothing in these terms limits rights that cannot legally be waived, including rights under applicable consumer protection, privacy, payment, labour, or data protection laws.

You must give us enough information to investigate disputes, including the business name, account email, affected device or user, invoice or transaction reference, relevant dates, and the issue you want resolved.

21. Changes to these terms

We may update these terms to reflect product changes, legal requirements, security needs, or business changes. If a change materially affects your rights or obligations, we will provide notice by email, in-product message, or another reasonable method.

Each version has an immutable version identifier and resolved-content hash. A material change is classified through Bibeno's legal change process and, where required, does not bind an existing customer until the authorised representative has received the required notice and completed fresh acceptance. Continued use may evidence acceptance only where that method is lawful, the notice clearly explains the effect, and fresh express acceptance is not required.

22. Contact

Questions about these terms can be sent to support@bibeno.co.za. Please include your business name, account email, and a clear description of the request.