Terms of Service

1. Acceptance of terms

By accessing or using the websites, applications, and services operated by ThisCity Digital Ltd (“ThisCity”, “we”, “our”, or “us”), company number COY-VB6FMKGD — including ThisCity POS and related applications and websites — you agree to these Terms of Service. If you do not agree, do not use the services.

Merchant subscriptions to ThisCity POS may also be subject to additional merchant POS Terms & Conditions. Where those POS Terms apply, they supplement these general site/platform Terms.

2. Description of service

ThisCity Digital Ltd provides digital tools for merchants in Malawi, centred on ThisCity POS for retail and hospitality — including sales recording, fiscal receipt workflows, inventory and venue operations, and related support. Optional add-ons may include online sales and delivery tracking. Attendance may be offered as a separate product. These Terms cover the public website and platform services operated by ThisCity Digital Ltd under the ThisCity name.

We describe only what we offer. We do not invent clients, payment amounts, or delivery dates, and we do not claim payment rails or partners as live until they are.

3. Accounts and responsibilities

• Account security. You are responsible for keeping credentials (including PINs and device unlock methods) confidential and for activity under your account.
• Data accuracy. You are responsible for the accuracy of data you enter, including organisation details, customer information, inventory, and financial records.
• Merchant end-customer data. Where you enter personal data about your customers into POS or related apps, you are the controller of that data and ThisCity processes it as processor on your instructions. You warrant that you have a lawful basis to collect it and to instruct ThisCity to process it. See the Privacy Policy and Data Protection page.
• Share links. If a feature lets you publish or share data via unique links, you control distribution and are responsible for who receives access.
• Lawful use. You agree to use the services only for lawful purposes and in accordance with these Terms.

4. Payments and subscriptions

• Certain features require an active subscription or other fees payable to ThisCity.
• Payments may be processed through licensed payment service providers. Providers may change over time; we refer to them generically and do not claim a planned provider is live until it is.
• Refunds. Purchases of subscriptions or credits are final and non-refundable, except as required by law or as expressly stated in applicable merchant POS Terms or a written agreement.
• We may change pricing and plans with reasonable notice where practicable.

5. Intellectual property

Software, designs, logos, documentation, and other materials in the services are owned by ThisCity Digital Ltd or its licensors and are protected by applicable intellectual property laws. You receive a limited, non-exclusive right to use the services as subscribed — not ownership of the underlying IP.

6. Limitation of liability

To the maximum extent permitted by law, ThisCity Digital Ltd shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, or use;
• Errors, omissions, or delays in content or outputs generated using the services;
• Fraud or misrepresentation by users;
• The quality, safety, or legality of goods or services you provide to your own customers.

Our total liability for any claim arising out of or relating to these Terms or the services shall not exceed the amount you paid to ThisCity Digital Ltd for the services in the twelve (12) months preceding the claim.

7. Termination

You may stop using the services at any time. We may suspend or terminate access if you breach these Terms, fail to pay fees when due, misuse the platform, or if we must do so for legal or security reasons. Provisions that by nature should survive (including IP, liability limits, governing law, and accrued payment obligations) survive termination. Data handling after account closure follows the Privacy Policy and Data Deletion pages.

8. Changes to services and terms

We may add, modify, or discontinue features. We will endeavour to notify users of significant changes that materially affect use or data. We may update these Terms; the “Last Updated” date will change when we do. Continued use after an update constitutes acceptance where permitted by law.

9. Governing law

These Terms are governed by the laws of Malawi, without regard to conflict-of-law provisions.

10. Contact

These Terms are a general website/platform agreement. They are not legal advice. Merchant POS subscriptions may include additional POS Terms.