Terms of Service

Who you are contracting with

TailoredFlow is provided by AMC Technologies, a business registered in Ghana under the Registration of Business Names Act, 1962 (Act 151) with registration number BN336890326, of Spintex, Aviation Highway, Accra, Ghana, trading as Cheqam. “We” and “us” mean AMC Technologies. “You” means the business that holds the account, and anyone you authorise to use it.

These terms are concluded electronically and are as binding as a signed document, under the Electronic Transactions Act, 2008 (Act 772).

Eligibility and your account

You must be at least 18 and be operating a genuine business. The person who opens the account is the account owner and is responsible for what happens on it.

Give each member of staff their own login rather than sharing one. You are responsible for what your staff do on the account, for setting their permissions appropriately, and for removing access when someone leaves. Tell us promptly if you believe an account has been compromised.

The information you give us at signup must be accurate, and you must keep it current. We may suspend an account where the details are materially false.

Plans, trials and billing

Plans and prices are shown on our website and are stated in Ghana cedis. Every plan starts with a 30-day free trial and no card is required to begin it.

Subscriptions are paid in advance, monthly or annually, and renew automatically for a further period unless you cancel before the renewal date. Cancelling stops the next renewal; it does not refund the period you are in.

We may change prices. Existing subscribers will be told at least 30 days before a change takes effect, and the new price applies from your next renewal, so you always have the chance to cancel first.

Refunds. Because the trial lets you test the whole product before paying, we do not generally refund a period that has begun. We will refund where we have charged you in error, or where a fault on our side made the service unusable for a substantial part of the period. Ask us and we will deal with it reasonably.

If a payment fails we may suspend access until it is settled. Your data is not deleted on suspension; see the retention section of the Privacy Policy.

Payments we collect for you

We are not a bank, and we are not a payment service provider. Where you enable payment collection, payments are processed by Hubtel, which is licensed by the Bank of Ghana under the Payment Systems and Services Act, 2019 (Act 987). We provide the software that sits in front of that service. We do not take deposits and we do not hold client funds as a financial institution.

Payment collection is optional and off by default. With it off, the mobile money and card buttons at your checkout simply record that you were paid directly; the money never touches us.

Before we may collect money on your behalf, we must verify your business. That is why we ask for your Form A and trading details, and it is a requirement of the Anti-Money Laundering Act, 2020 (Act 1044), not a preference of ours. We may decline or withdraw enrolment where we cannot complete those checks.

We settle hourly. Money your customers pay lands in your balance and is paid out to the account you have registered on an hourly cycle, rather than held to the end of the day or the week.

We charge nothing when your customer pays. There is no commission on the sale itself. Our fee applies only when you withdraw money from your balance.

On a withdrawal there are two charges. The first is Hubtel's own payout charge, set by them and published in their fee table, which varies with the amount and the network. The second is our commission:

• 0.5% on withdrawals of GH₵1,000 or less;
• 1% on withdrawals above GH₵1,000.

Both are shown to you before you confirm a withdrawal, and both are recorded against it afterwards, so you can always see what a payout cost and who took what. We will give you notice before changing our commission.

We may withhold a settlement where we are required to by law, where there is a credible suspicion of fraud, or where a transaction is disputed, and we will tell you why.

Disputes, chargebacks and refunds with your own customers are between you and them. You are responsible for the goods and services you sell, and for refunding your customers where they are entitled to it.

SMS receipts and campaigns

SMS campaign credit is prepaid. You buy credit, you see the cost of a campaign before it sends, and you spend only what you have loaded. Credit is for use in the service and is not redeemable for cash.

You are responsible for the consent of the people you message. You may only send to people who have agreed to hear from you or with whom you have an existing customer relationship that makes the message reasonably expected. Sending unsolicited electronic messages is regulated in Ghana under the Electronic Communications Act, 2008 (Act 775) and the National Communications Authority's rules, and messages go out under your sender ID, in your business's name.

Every campaign must let people opt out, and you must honour opt-outs promptly. Do not use campaigns for anything unlawful, misleading, or for content the networks prohibit.

Sender IDs are approved by the mobile networks, not by us. We pass your application on and can neither guarantee approval nor overturn a rejection. Delivery depends on the networks; we report what they report back to us and cannot guarantee that any individual message arrives.

We may suspend campaign sending immediately where we receive credible complaints of unsolicited messaging, because the networks can otherwise withdraw the sender ID or the route for every business we serve.

Your data and your customers' data

Your business records are yours. Your products, sales, customers, orders and reports belong to you. We claim no ownership of them and we do not sell them. We process them to run the service for you, as set out in the Privacy Policy.

You can export your data while your account is active. If you cancel, you have 90 days to get it out before deletion.

You are the data controller for the people in your records, and we are your processor. That means the duties under the Data Protection Act, 2012 (Act 843) toward your customers, patients and staff are yours: telling them what you hold, collecting only what you need, keeping it accurate, answering their requests, and having a lawful basis for it. We give you the tools; the obligations sit with you.

This matters most in the pharmacy features, where you may record allergies, chronic conditions and medication. That is special personal data under Act 843 and you must treat it accordingly.

Acceptable use

You agree not to:

• use the service for anything unlawful, or to sell goods you may not lawfully sell;
• upload malware, attempt to breach our security, or access another business's data;
• resell, sublicense or white-label the service without our written agreement;
• copy, decompile or reverse-engineer the software, except where the law expressly permits it;
• place unreasonable load on the service, or use it to send bulk unsolicited messages;
• use it to record data you have no lawful basis to hold.

Our intellectual property

The TailoredFlow software, its interface, the Cheqam and TailoredFlow names and logos, and our documentation remain ours. Your subscription grants you a non-exclusive, non-transferable right to use the service while it is paid for and in good standing. Nothing in these terms transfers ownership of the software to you.

If you send us feedback or suggestions, we may act on them without owing you anything for it.

Availability

We work to keep the service available and we take backups, but we do not promise uninterrupted or error-free operation. Maintenance, network faults, power problems and failures at our providers can all interrupt it. We will give notice of planned maintenance where we reasonably can.

The service requires an internet connection. Some data can be viewed offline and syncs when you reconnect, but the product is not designed to run offline indefinitely.

Liability

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

Subject to that, we are not liable for loss of profit, loss of business, loss of goodwill, or indirect or consequential loss. Our total liability to you in any twelve month period is limited to the subscription fees you paid us in that period.

We are not liable for your own record-keeping decisions. TailoredFlow is a tool: the figures it produces depend on what you and your staff enter. It is not accounting, tax, medical or legal advice, and it does not replace your own checks or your accountant.

You agree to indemnify us against claims arising from your use of the service in breach of these terms, including claims from your customers or staff about data you chose to collect, and claims arising from messages you sent.

Suspension and termination

You can cancel at any time from your account or by contacting us.

We may suspend or terminate an account for non-payment, for breach of these terms, where required by law, or where continued use poses a security or legal risk to us or to other businesses on the service. Except where the law or the seriousness of the breach prevents it, we will warn you first and give you a chance to put it right.

On termination your right to use the service ends. Your data is handled as described in the retention section of the Privacy Policy.

Changes to these terms

We may update these terms. The date at the top shows when they last changed. For material changes we will give at least 30 days' notice in the app or by email, and continuing to use the service after that means you accept them. If you do not, you may cancel before they take effect.

Governing law

These terms are governed by the laws of the Republic of Ghana, and the courts of Ghana have jurisdiction over any dispute.

Before going to court, please talk to us at [email protected]. Most disputes are a misunderstanding and are settled faster by a conversation.