1. About these Terms

These Terms of Service (“Terms”) govern access to and use of Gubo Books, a cloud-based accounting and business management software service (“Gubo Books” or the “Service”) provided by Gubo Group (Pty) Ltd trading as Gubo Technologies (“Gubo Technologies”, “we”, “us” or “our”).

By creating an account, accepting these Terms electronically, or using the Service, the person accepting confirms that they have read and agree to these Terms and, where acting for a business or other organisation (“Customer”), that they have authority to bind that Customer.

If you do not agree to these Terms, you must not use the Service.

2. Supplier information and contact

Service provider: Gubo Group (Pty) Ltd t/a Gubo Technologies.

Country: Botswana.

Website: www.gubo.co.bw

Support email: support@gubo.co.bw

Registered/business address: Plot 104 Unit 4A Gaborone International Commerce Park

Company registration number: BW00000015971

3. The Gubo Books Service

Gubo Books provides software features that may include business setup, chart of accounts, estimates/quotations, customers, invoices, payments, suppliers, bills, expenses, bank and cash records, journals, financial reports, tax/VAT-related calculations, user access controls, subscriptions and related functionality.

Features may differ by subscription plan, may be improved or changed over time, and may depend on third-party infrastructure or integrations.

Gubo Books is software. It is not a firm of accountants, auditors, tax advisers, lawyers or financial advisers, and use of the Service does not create a professional adviser-client relationship with Gubo Technologies.

4. Accounts and authority

You must provide accurate and current account and business information and keep it updated.

You are responsible for maintaining the confidentiality of account credentials and for activity carried out through accounts under your control, except to the extent caused by our breach of applicable law or security obligations.

A Customer is responsible for deciding who is authorised to access its organisation in Gubo Books and for assigning appropriate roles and permissions. Users must not share credentials or attempt to access another Customer’s information without authority.

You must notify us promptly at support@gubo.co.bw if you reasonably suspect unauthorised access to your account.

5. Electronic contracting and records

The parties agree that these Terms and related transactions may be concluded electronically. Botswana’s Electronic Communications and Transactions Act recognises electronic communications and electronic contracts, subject to applicable law.

We may keep an electronic record of acceptance, including the accepting user, Customer or organisation, date and time, and the version of the Terms accepted. You should retain a copy of the Terms applicable to your subscription.

Where applicable law requires information or contractual terms to be presented, acknowledged, signed or otherwise brought specifically to a consumer’s attention, Gubo Technologies will apply the requirements of that law.

6. Subscriptions, pricing and payment

Access to some or all features may require a paid subscription. Available plans, prices, billing periods, included features and applicable taxes will be shown in Gubo Books, on an order form, quotation, invoice or other agreed commercial document.

Where bank transfer is offered, activation or renewal may be subject to receipt and verification of payment. A pending payment does not constitute confirmation that a subscription has been activated.

Unless otherwise agreed in writing, fees are payable in the currency and by the due date stated in the applicable plan, invoice, quotation or order. Gubo Technologies may change pricing prospectively, but will not retrospectively change fees already accrued for a paid subscription period.

Any statutory taxes properly chargeable on our supply will be handled in accordance with applicable law.

7. Trials and complimentary access

We may offer trials, promotional access or complimentary subscriptions. Unless expressly agreed otherwise, such access may be limited in duration, functionality or availability and may end when the stated period expires.

A trial or complimentary period does not guarantee continued free access.

8. Customer data and ownership

As between the Customer and Gubo Technologies, the Customer retains ownership of the business records and content that the Customer or its authorised users submit to Gubo Books (“Customer Data”), subject to rights belonging to third parties.

The Customer grants Gubo Technologies the limited right to host, process, transmit, back up and otherwise use Customer Data only as reasonably necessary to provide, secure, support and improve the Service, comply with law, and exercise our rights under these Terms.

The Customer is responsible for ensuring that it has a lawful basis and necessary authority to place personal data and other information into Gubo Books.

9. Personal data and privacy

Gubo Technologies will process personal data in accordance with applicable Botswana data-protection law, including the Data Protection Act No. 18 of 2024, and our published Privacy Notice.

Depending on the processing activity, Gubo Technologies may act in different data-protection roles. Where we process personal data contained in Customer Data on the Customer’s instructions, the parties may also be subject to a Data Processing Agreement (“DPA”).

The Privacy Notice explains, among other things, the categories of personal data we process, purposes and lawful grounds, disclosures, retention, security, data-subject rights and contact arrangements.

Acceptance of these Terms does not mean that every processing activity relies on consent. The lawful basis for a particular activity will depend on the nature and purpose of that processing.

10. Customer responsibilities for accounting and tax

The Customer remains responsible for the completeness and accuracy of its accounting records, source documents, account classifications, tax settings, VAT treatment, opening balances, journals, reconciliations, reports and statutory submissions.

Calculations, reports, estimates, invoices, statements, tax amounts and other outputs generated by Gubo Books depend on the information and configuration supplied by the Customer and its users.

The Customer should obtain advice from a qualified accountant, tax practitioner, auditor or other professional where appropriate, particularly before relying on the Service for statutory filings, tax positions, financial statements or material business decisions.

Nothing in these Terms excludes any responsibility that Gubo Technologies cannot lawfully exclude.

11. Acceptable use

You must use Gubo Books lawfully and only for legitimate business purposes. You must not:

• access, test, probe or interfere with accounts, systems or data without authority;

• upload malware, malicious code or content intended to disrupt the Service;

• use the Service for fraud, unlawful activity or infringement of another person’s rights;

• attempt to bypass security, subscription controls, access controls or usage restrictions;

• reverse engineer or copy the Service except to the extent such restriction is prohibited by law;

• use another person’s credentials without permission; or

• use the Service in a manner that materially disrupts its operation or the use of the Service by others.

12. Security

We will take reasonable technical and organisational measures appropriate to the nature of the Service and the information processed to protect the Service and personal data against unauthorised access, loss, alteration, disclosure or destruction.

No internet or cloud service can be guaranteed to be completely secure or continuously available. This statement does not reduce any security or data-protection obligation imposed on us by applicable law.

Customers must also take reasonable security measures, including protecting credentials, removing access for departed personnel and assigning permissions appropriately.

13. Service availability, maintenance and changes

We aim to make Gubo Books available on a reliable basis, but the Service may occasionally be unavailable because of maintenance, updates, telecommunications failures, hosting or third-party service interruptions, security incidents, force majeure or other circumstances.

We may update, improve, replace or discontinue features where reasonably necessary. We will seek to avoid materially reducing paid core functionality during an active paid period without reasonable notice, except where a change is necessary for security, legal compliance or urgent technical reasons.

Any specific service level expressly agreed in a separate written agreement will prevail over this section to the extent of a conflict.

14. Backups, exports and retention

We may maintain backups and recovery measures as part of operating the Service. Backups are not a substitute for the Customer retaining records that it is legally or operationally required to retain independently.

Where export functionality is available, Customers are encouraged to periodically export important records and reports.

Following termination, cancellation or expiry, access to Customer Data may be limited or removed after a reasonable retention period, subject to applicable law, legitimate retention requirements and any agreed DPA.

15. Intellectual property

Gubo Technologies and its licensors retain all rights in Gubo Books, including its software, interface, branding, documentation, designs and underlying technology, excluding Customer Data and third-party materials.

Subject to these Terms and payment of applicable fees, we grant the Customer a limited, non-exclusive, non-transferable right for its authorised users to access and use Gubo Books for the Customer’s internal business purposes during the applicable subscription period.

16. Third-party services

Gubo Books may rely on or integrate with third-party hosting, authentication, communications, payment, storage or other technology services. Those providers may have their own terms and privacy practices.

Where a third-party service is optional and selected by the Customer, the Customer is responsible for complying with that provider’s applicable terms. We remain responsible for our own obligations under applicable law and these Terms.

17. Suspension

We may suspend access where reasonably necessary because of non-payment, a material breach of these Terms, suspected unlawful or fraudulent use, a material security risk, or where continued access would expose us, another Customer or a third party to significant harm.

Where reasonably practicable, we will give notice and an opportunity to remedy the issue before suspension. Immediate suspension may be used where necessary for security, fraud prevention, legal compliance or prevention of material harm.

18. Cancellation and termination

A Customer may cancel its subscription in accordance with the cancellation method and notice terms applicable to its plan or commercial agreement.

Either party may terminate for a material breach that is not remedied within a reasonable period after notice, where a remedy is possible. We may terminate immediately where continued provision would be unlawful or where there is serious fraud, abuse or security misconduct.

Termination does not extinguish fees or other obligations accrued before termination.

Consumer cancellation, cooling-off and refund rights, where legally applicable, are not excluded by these Terms.

19. Refunds

Refund eligibility will depend on the subscription arrangement, reason for cancellation and applicable law. Nothing in these Terms limits a refund, cancellation, cooling-off or other remedy that cannot lawfully be excluded.

Any published refund policy or specific written commercial agreement forms part of the applicable subscription arrangement to the extent stated.

20. Confidentiality

Each party must protect confidential information received from the other and use it only for purposes connected with the Service, except where disclosure is authorised, required by law, already lawfully known, independently developed or lawfully obtained from another source.

Customer Data that is not public will be treated as confidential information.

21. Warranties and statutory rights

We will provide the Service with reasonable care and skill and in accordance with applicable law.

Except for express commitments in these Terms or another written agreement, and to the maximum extent permitted by law, we do not warrant that the Service will be uninterrupted, error-free, suitable for every accounting or tax purpose, or that every third-party service will remain available.

Nothing in these Terms excludes or restricts rights, remedies, guarantees or obligations that cannot lawfully be excluded, including applicable rights under Botswana consumer-protection law.

22. Liability

Each party remains responsible for liability that cannot lawfully be excluded or limited.

Subject to the preceding sentence and applicable law, neither party will be liable to the other for indirect or consequential loss that was not reasonably foreseeable when the contract was formed.

No blanket exclusion of liability is intended by this draft, particularly where such an exclusion would conflict with the Consumer Protection Act or other applicable law.

The Customer remains responsible for losses arising from inaccurate Customer Data, unauthorised actions by its users, or use of outputs contrary to these Terms, except to the extent caused by Gubo Technologies’ breach or other liability under applicable law.

23. Complaints and support

Support requests and complaints may be sent to support@gubo.co.bw or through any support function made available in Gubo Books.

We will aim to acknowledge and resolve complaints within a reasonable period, having regard to their nature and complexity. Any mandatory consumer complaint or redress procedure under applicable law will apply.

24. Changes to these Terms

We may update these Terms to reflect changes in the Service, law, security requirements or business practices.

For material changes, we will provide reasonable notice through Gubo Books, email or another appropriate channel. Where appropriate, users may be required to accept a new version before continuing to use the Service.

Our records should identify the version accepted and the date/time of acceptance.

25. Notices

Notices relating to the Service may be provided electronically through Gubo Books, to the email address associated with the account, or through other contact details supplied by the Customer.

The Customer is responsible for keeping its contact details current.

26. Governing law and disputes

These Terms are governed by the laws of the Republic of Botswana.

The parties should first attempt in good faith to resolve a dispute through direct communication. If the dispute is not resolved, either party may pursue the remedies available under applicable Botswana law and through courts or competent authorities having jurisdiction.

Nothing in this section prevents a consumer from using any complaint, enforcement or dispute-resolution mechanism available under mandatory law.

27. General

If a provision of these Terms is found unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

A failure or delay to enforce a right does not by itself waive that right.

If there is a conflict between these Terms and a separately signed agreement between Gubo Technologies and a Customer, the separately signed agreement will prevail to the extent it expressly states that it overrides these Terms.

Headings are for convenience and do not affect interpretation.

28. Documents incorporated by reference

The following documents may form part of the Gubo Books legal framework where applicable:

• Gubo Books Privacy Notice;

• Gubo Books Data Processing Agreement (DPA);

• the applicable subscription plan, quotation, order form or invoice;

• any expressly agreed Service Level Agreement or enterprise agreement; and

• any additional policy expressly stated to form part of the agreement.

29. Acceptance

By selecting the acceptance checkbox or otherwise completing the electronic acceptance process, the user confirms that they have read and agree to these Terms and, where acting for a Customer, that they are authorised to accept them for that Customer.