Terms of Service

By accessing or using websites, applications, or operated services branded AM | PM or AM | PM Lounge (together, the "Service"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms apply to visitors, guests, and to organizations ("Tenants") that operate venues using our software. Certain sections apply only to Tenants and authorized staff; we call that out where it matters.

You must be able to form a binding contract under Kenyan law to use parts of the Service that require an account. Tenants are responsible for the accuracy of information they provide at signup and for keeping administrative contact details current.

AM | PM is a restaurant operations stack: point-of-sale workflows, guest flows, reporting, and multi-venue management. The platform functions as a digital ledger for orders and analytics; it does not replace independent accounting, audit, or statutory filing by the Tenant.

• Features may change as we improve security, performance, and compliance alignment (including tax tooling).
• This marketing site and tenant-facing admin or POS may be governed together by these Terms unless a separate written agreement says otherwise for enterprise customers.
• For in-venue operations, food and beverage availability, event access, queueing, and seating may vary based on capacity, safety, licensing limits, and management discretion.

AM | PM Lounge is a hospitality venue with real-time operational constraints. To keep service fair and safe for everyone, the following business rules apply unless mandatory law says otherwise:

• Guest conduct: We may refuse entry or service for unlawful, unsafe, abusive, or disruptive behaviour, including harassment of staff or other guests.
• Reservations and no-shows: Reservation windows, hold times, deposits, and release rules may apply and may be updated by the venue from time to time.
• Availability: Menu items, promotions, DJs, and event programming are subject to availability and may change without prior notice.
• ID and age-restricted service: Alcohol service is subject to age and licensing requirements, and we may request valid identification where required.
• Lost and misplaced items: Guests are responsible for personal belongings. We are not liable for loss, theft, or misplacement of items inside or outside the venue, except where liability cannot be excluded under applicable law.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Service for its intended purpose.

You will not, and will not permit others to:

• Copy, rent, sell, sublicense, or otherwise commercialize the Service except as permitted in writing.
• Reverse engineer, decompile, or attempt to extract source code except where applicable law forbids this restriction.
• Circumvent security, access controls, or rate limits, or probe the Service for vulnerabilities except as part of an agreed coordinated disclosure with us.
• Use the Service to violate law, infringe rights, transmit malware, or send unlawful, harassing, or discriminatory content.
• Scrape or harvest data from the Service in bulk without authorization, or use the Service to build a competing product using our proprietary interfaces.

We may suspend or terminate access where we reasonably believe you breached this Section or created security or legal risk.

Tenants retain their rights in business data they submit (for example menus, marks, and operational records). To operate the Service, you grant us a licence to host, process, transmit, display, and back up that data as needed to provide the Service and as described in our Privacy Policy.

You represent that you have the rights and, where required, consents and lawful bases to submit guest and staff data you load into the Service.

Tenants operating in Kenya must meet obligations under the Value Added Tax Act, the Tax Procedures Act, and other applicable laws. How those laws apply depends on registration status and the facts of each supply.

VAT display: Where the platform applies a standard VAT rate of 16% to taxable line items, receipts or summaries should reflect subtotal, VAT, and total as configured. Getting the numbers on screen does not by itself satisfy every KRA invoicing rule — issuance, numbering, and timing of tax invoices remain the Tenant's responsibility.

We do not guarantee uninterrupted accuracy of third-party tax systems; outages or rule changes at KRA, telcos, or integrators can affect submission.

We process personal data consistently with the Data Protection Act, 2019 (Kenya) and safeguards fit for a cloud-hosted product.

• Isolation: Orders, prints, and records are tied to a venue or business identifier so data does not bleed across tenants by design. Correct role setup and device discipline remain your side of the bargain.
• Organizations & access: Where we use Clerk (or similar) for orgs and sign-in, Tenants provision users, revoke leavers, and protect shared tablets.
• Contact us (see below) for data requests, subject to verification and applicable law.

The platform may support cash, PDQ (card), M-Pesa, Paystack, and others as enabled. What you see in venue depends on Tenant configuration and third-party contracts.

• M-Pesa: Staff-assisted confirmation (phone checks, SMS, Till screens) may be used; Tenants reconcile to actual settlements.
• Paystack: Card and wallet flows follow Paystack's terms; we may store references from successful callbacks for reconciliation.
• Not a bank: AM | PM is not a bank or payments institution. The Service is for operations and records — reconcile digital summaries to cash, banks, and gateway statements.

We protect clean books: voids, settlements, and refunds follow controlled workflows and any in-venue policy posted at the point of sale.

• Voids: Wrong or cancelled orders may be voided in software with an audit trail. Elevated roles (e.g. org:admin-class) and a mandatory reason apply where configured.
• Paystack refunds: Initiated per Paystack's dashboard/API rules; Merchants drive and reconcile them.
• Settled orders: Once consolidated into master receipts or shift closes, fixes may need admin handling and can touch reporting — not every change is one tap.
• Guest complaints: Quality issues follow venue policy. Nothing here limits rights under the Consumer Protection Act or other law.
• Service recovery: Any goodwill remedy (replacement, credit, voucher, or refund) remains case-specific and may depend on verification, timing, and payment rail constraints.

• Print path: Dockets and receipts may use a PrintBridge (or similar) on an admin machine. If it is offline, jobs can queue but will not print until the client is back.
• Uptime: Networks, Appwrite (or successor backends), hosting, and devices all play a part. We aim for reliability but do not promise perfection.
• Static pages (including legal) are built to avoid unnecessary database load on marketing views.

• Keep roles accurate, revoke ex-staff, and supervise shared devices. We are not liable for losses that come only from mis-roles, sharing logins, or sloppy oversight.
• “Who the system says served the round” should match reality when using sign-in or passkeys.
• Liquor, health, music, signage, employment — your licences to run a venue, not something the app obtains for you.

The Service integrates with third-party services (for example Clerk, Appwrite, Paystack, telcos, and hosting providers). Those services have their own terms. We are not responsible for third-party failures beyond what the law requires.

If you give us feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback to improve the Service without obligation to you, except where the law forbids such a grant.

We retain rights in our software and branding; you keep yours in marks and menu content you supply. Use rights are limited to operating the Service under these Terms.

The Service is as is and as available. To the fullest extent Kenyan law allows, we disclaim implied warranties where permitted.

We are not liable for indirect or consequential losses except where exclusion is unlawful. Aggregate liability may be limited to fees paid to us in the twelve (12) months before a claim, where enforceable.

Without limiting the above, and subject to non-excludable rights under law, we are not liable for loss, theft, damage, or misplacement of personal items inside or outside the venue.

Nothing here limits liability for death or personal injury caused by negligence where the law forbids a cap, or for fraud.

To the extent permitted by law, Tenants agree to indemnify and hold us harmless against claims, losses, and reasonable legal costs arising from: (a) your business data or guest data processed under your instructions; (b) your breach of these Terms or applicable law; (c) disputes between you and your guests or staff, except to the extent caused by our wilful misconduct.

These Terms are governed by the laws of Kenya. Kenyan courts have non-exclusive jurisdiction, without prejudice to consumer protections that apply to you.

Enterprise Tenants may agree to arbitration or ADR elsewhere in writing; otherwise the forum above applies.

We are not liable for delay or failure caused by events outside our reasonable control, including internet outages, utility failures, strikes, epidemics, government actions, or major cloud provider incidents.

You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, subject to notifying Tenants where required.

If any provision is invalid, the remainder stays in force. Failure to enforce a provision is not a waiver unless agreed in writing.

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service, superseding prior oral or written understandings on the same subject, except where a separate enterprise agreement explicitly replaces them.

We may send operational notices by email, in-product messages, or by posting on the website. You agree that electronic notices satisfy any writing requirement where permitted by law.

We may update these Terms. We will change the effective date and, where reasonable, give notice through admin surfaces or this site. Continued use after the effective date means acceptance, unless the law requires more.

Questions about these Terms or the AM | PM platform:

• Email: info@ampm.co.ke
• Phone: +254 757 650 125
• Venue: Northern Bypass, Thome (after Windsor), Nairobi, Kenya

See our Privacy Policy for how we handle personal information.