These terms govern your use of the Shelli products and the Draf IT services behind them. Please read them. They describe what we do, what we do not do, and where responsibility sits when something goes wrong.
1. Who we are
Draf IT publishes Shelli Enterprise, Shelli Mini, Shelli Menu and the Shelli Nexus cloud service. "We", "us" and "Draf IT" mean the publisher; "you" means the business that holds the subscription and every person who uses the software on its behalf.
2. Accepting these terms
You accept these terms by installing any Shelli product, by using it, or by signing in to the customer portal — whichever happens first. If you install the software for a business, you confirm that you may accept these terms on its behalf, and that business is bound by them.
Everyone who uses the software is covered by these terms and by the licence agreement, whether or not they hold the subscription. If you let staff use a till, you are responsible for telling them so.
If you do not accept these terms, do not install or use the software.
3. What the service is
A Shelli product runs on your own hardware, in your own shop. Draf IT provides:
- a licence to run the software on an agreed number of devices;
- the cloud services in Shelli Nexus that issue that licence, hold your subscription and
your invoices, and pass messages between us;
- updates as they are published;
- support through the channels described in the portal.
We do not operate your shop, and the software is a tool you use rather than a service we perform for you.
4. Your account
You are responsible for everything done through your account and through your shops' devices. Keep passwords private, keep the list of devices on your subscription accurate, and stop any device you no longer control. Tell us promptly if you believe an account or a device has been taken over.
5. Subscriptions, payment and renewal
A subscription is bought for a plan and a term, per shop. What each plan includes — devices, allowances, features — is published in the portal and may change for future terms.
- Payment falls due when the order is placed unless we have agreed otherwise in
writing. A shop keeps trading on what it already holds until the payment is recorded.
- A term does not renew itself. Renewal is something you do, from the portal, inside
the renewal window shown there.
- When a term ends and is not renewed, the licence lapses and the software stops
selling. We are not obliged to keep a lapsed shop running.
- Prices are published per market and may change. A change never applies to a term you
have already paid for.
- Amounts already paid are not refundable except where the law requires it.
6. Your data
Your trading data stays on your own equipment. Your products, your customers and your transactions live in your shop's database. Draf IT holds your licence, your devices, your subscription and billing records, your credit balances, and the messages you exchange with us.
When you ask for a live report, your shop builds it and sends it to us so that your browser can be shown it. It is held briefly and then discarded. No copy is kept. How often a shop may be asked for one is limited by your plan.
You are responsible for the accuracy and lawfulness of the data you put into the software, and for having the right to hold it.
7. Backups and encryption passwords
This section matters. Please read it twice.
Where a backup is stored with us, it is encrypted before it leaves your equipment, with a password that you choose and that you alone hold.
- We never receive that password and we cannot recover it. It is not stored on our
systems in any form, and no member of Draf IT staff can look it up, reset it, or work it out.
- If you lose the password, the backup cannot be opened. Not by you, and not by us. The
data in it is permanently unreadable. This is the intended behaviour of encryption and not a fault.
- You are solely responsible for keeping that password safe, and for any loss that
follows from losing it. Draf IT accepts no responsibility for data that becomes unreadable because a password was lost, forgotten or destroyed.
- Keeping your own separate backups remains your responsibility. A backup held with us is
a convenience and not a guarantee, and you should not rely on it as your only copy.
If payment stops, a backup held with us does not stay there. Storage is part of what the subscription pays for, so when it lapses:
- We tell you first, through the portal and by email to the address on the account.
- The file is kept for ninety days from the day payment was due. Throughout that time
you can download it from the portal, and paying restores access to it as before.
- If you ask us to send it instead, we will make a reasonable effort to. **A backup is
usually too large to email.** Where it is, downloading it from the portal is the only way to get it, and we cannot post media or arrange another transfer.
- After ninety days the file is deleted permanently, and no copy is kept anywhere. It
cannot be recovered afterwards, by you or by us.
What we undertake is the notice, the ninety days and the download. Retrieving your own file within that time is yours, and we are not responsible for a backup that was left behind.
8. What you are responsible for
- Using the software lawfully, and only for your own business.
- Meeting your own tax and invoicing obligations. The software helps you produce
documents; whether those documents are correct, complete and filed on time is yours. Where a tax authority or an electronic invoicing provider is involved, their rules and their decisions are between you and them.
- Keeping your equipment, your network and your devices secure and in working order.
- Keeping your own backups.
- Not reselling, sublicensing or making the software available to anybody outside your
business without our written agreement.
- Not attempting to defeat the licensing, to run more devices than your subscription
allows, or to interfere with the service or with other customers' use of it.
9. What we do not promise
The software and the service are provided as they are. To the fullest extent the law allows, we exclude implied warranties, including of merchantability, fitness for a particular purpose and non-infringement.
In particular:
- We do not promise the service will be uninterrupted or error free. Maintenance,
faults and failures of networks and third parties happen.
- We do not promise the software fits your particular way of working, or that it
satisfies any legal or regulatory requirement that applies to you.
- We are not responsible for third parties: payment providers, electronic invoicing
providers, messaging and email providers, your internet connection, your hardware, or your operating system. Where you use them through our software, their own terms apply between you and them.
- Features described as forthcoming may change or may not be delivered.
10. Limitation of liability
To the fullest extent the law allows:
- We are not liable for lost profits, lost revenue, lost or corrupted data, business
interruption, or any indirect or consequential loss, however it arises.
- **Our total liability to you, for everything arising out of these terms, is limited to
the amounts you paid us for the affected shop's subscription in the twelve months before the event that gave rise to the claim.**
- Nothing here excludes liability that the law does not permit us to exclude.
11. Suspension and ending the agreement
We may suspend or end your access if payment is overdue, if these terms are broken, or if your use puts the service or other customers at risk. Where it is reasonable to do so, we will tell you first and give you a chance to put it right.
You may stop using the software at any time. Your shop's own data stays on your own equipment; exporting anything you want to keep before you stop is your responsibility.
12. Changes to these terms
We may change these terms. The current version, and the date it took effect, are always published here. Where a change materially reduces your rights we will make a reasonable effort to tell you through the portal or by email before it applies. Continuing to use the software after a change takes effect means you accept the changed terms.
13. The invoices we issue you
Every charge Draf IT makes you becomes a document: a fiscal invoice, a commercial invoice or a receipt, depending on your country. We issue those as ourselves, and we keep them.
- They are yours to download at any time, from the orders area of the portal, for as
long as we hold them. Download them and keep your own copies, because the copy you need for your own accounting is the one in your hands.
- We keep them for at least as long as the law requires of us. In Colombia that is five
years from the end of the year the document relates to (Estatuto Tributario, art. 632). They are our accounting records as well as yours, so we do not delete them early and you should not plan on us doing so.
- Your own duty to keep them is separate and it is yours. Whatever period your tax
authority sets for the documents you receive, meeting it is your responsibility. Ours does not discharge it.
Documents your own shop issues are a different thing entirely, and we do not hold them. A sale your shop makes, a fiscal invoice it issues to its own customer, whatever an electronic invoicing provider returned about it: all of that lives in your shop's own database, on your own equipment, as section 6 says. We cannot produce it, and we cannot recover it if you lose it. Keeping and filing what your own shop issues is yours alone.
14. Law and language
These terms are governed by the laws of the Republic of Colombia, and the courts of Colombia have jurisdiction over any dispute, unless the law where you are requires otherwise.
These terms are published in Spanish and in English. The Spanish version is the one that governs. The English is provided so that it can be read, and where the two differ, or where the meaning of a clause is argued about, the Spanish text decides. This follows from where we are: proceedings in Colombia are conducted in Spanish, and a document in another language has to be translated before a court will read it.
Which language you were shown when you accepted is recorded with your acceptance, and you can read either version at any time.
15. Contact
Questions about these terms can be sent through the support area of the customer portal.