389 BarKeep

Terms and Conditions

Last updated: 16 July 2026

1. Agreement

These Terms and Conditions ("Terms") govern access to and use of 389 BarKeep (the "Service"), provided by 389 Group Ltd ("389 Group", "we", "us", or "our"). By accessing or using the Service, you agree to these Terms on behalf of yourself and, where applicable, the bar or organization you represent.

If you do not agree, you must not use the Service.

2. The Service

BarKeep is a cloud-based bar management platform for inventory, sales, customers, suppliers, payments, reporting, and related operations. Features available to your organization may depend on your subscription plan and user role.

3. Accounts and access

  • Accounts are created and managed by authorized organization administrators.
  • You are responsible for keeping login credentials confidential and for all activity under your account.
  • You must provide accurate account information and promptly update it when it changes.
  • We may suspend or terminate access for breach of these Terms, non-payment, or security risk.

4. Acceptable use

You agree not to:

  • use the Service for unlawful, fraudulent, or misleading purposes;
  • attempt to bypass security, permissions, or subscription limits;
  • upload malicious code or interfere with the Service or its infrastructure;
  • access data belonging to another organization without authorization;
  • misuse customer, staff, or financial data entered into the platform.

5. Organization responsibilities

If you use BarKeep on behalf of a bar or business, you confirm that you have authority to bind that organization. Your organization is responsible for:

  • the accuracy of business, inventory, sales, and financial records entered into the Service;
  • compliance with applicable licensing, tax, consumer protection, and alcohol regulations;
  • obtaining any required consents before storing or messaging customer personal data;
  • managing staff permissions and supervising use of the platform.

6. Subscription and fees

Paid plans, billing cycles, and feature limits are defined in your organization's subscription agreement or order form. Fees are due as invoiced unless otherwise agreed in writing. Failure to pay may result in suspension or downgrade of Service access.

7. Intellectual property

The Service, software, branding, and documentation are owned by 389 Group or its licensors. We grant your organization a limited, non-exclusive, non-transferable right to use the Service during an active subscription. You retain ownership of data you submit, subject to our rights to host and process it to provide the Service.

8. Availability and support

We aim to keep the Service available and secure, but uninterrupted access is not guaranteed. Maintenance, updates, outages, and third-party failures may occur. Support is provided according to your plan and reasonable business hours unless otherwise agreed.

9. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. BarKeep supports business operations but does not replace professional accounting, legal, or regulatory advice.

10. Limitation of liability

To the maximum extent permitted by law, 389 Group will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill arising from use of the Service. Our total liability for any claim relating to the Service will not exceed the fees paid by your organization for the Service in the twelve months before the event giving rise to the claim, except where liability cannot be limited by law.

11. Termination

You may stop using the Service at any time. We may suspend or terminate access for breach of these Terms or non-payment. Upon termination, your right to use the Service ends. Provisions that by nature should survive termination will continue to apply.

12. Governing law

These Terms are governed by the laws of the Republic of Malawi, without regard to conflict-of-law principles. Disputes will be subject to the exclusive jurisdiction of the courts of Malawi, unless mandatory law requires otherwise.

13. Changes

We may update these Terms from time to time. Updated Terms take effect when posted with a revised date. Continued use after changes become effective constitutes acceptance.

14. Contact

Questions about these Terms may be sent to legal@389group.ltd.