Terms of Service
Effective date: {{EFFECTIVE_DATE}} Last updated: {{EFFECTIVE_DATE}}
These Terms of Service ("Terms") are a legal agreement between you and {{COMPANY_LEGAL_NAME}} ("we", "us", "our") and govern your access to and use of {{POS_BRAND}}, available at {{DOMAIN}} (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility and accounts
You must be at least the age of majority in your jurisdiction and able to enter a binding contract. You are responsible for the accuracy of the information you provide, for keeping your login credentials secure, and for all activity under your account, including the activity of staff users you create. Notify us immediately at {{CONTACT_EMAIL}} of any unauthorized use.
2. The Service
The Service provides restaurant point-of-sale, ordering, menu, tax-configuration, and related business tools. We may add, change, or remove features over time. We may also offer the Service under different plans, including free and paid plans.
3. Your content and data
You retain all rights to the data and content you and your staff and guests enter into the Service ("Customer Data"). You grant us a limited license to host, process, and display Customer Data solely to provide and support the Service. You are responsible for ensuring you have the right to collect and process Customer Data — including any data about your customers and guests — and for using it in compliance with applicable law. Our handling of personal information is described in our Privacy Policy.
4. Acceptable use
You agree not to:
- use the Service in violation of any law or regulation;
- upload malware or attempt to gain unauthorized access to the Service or other
accounts;
- interfere with or disrupt the integrity or performance of the Service;
- reverse engineer or copy the Service except as permitted by law; or
- use the Service to store or transmit content that is unlawful, infringing, or
harmful.
We may suspend or terminate accounts that violate these Terms.
5. Fees and payment
Paid plans are billed as described at the time of purchase. {{BILLING_CLAUSE}}
Unless required by law, fees are non-refundable except as expressly stated.
6. Third-party services
The Service may integrate with third-party services such as {{HOSTING_PROVIDER}}, {{PAYMENT_PROVIDER}}, and {{AI_PROVIDER}}. Your use of those services is subject to their own terms, and we are not responsible for them.
7. Intellectual property
The Service, including its software, design, and trademarks, is owned by {{COMPANY_LEGAL_NAME}} and its licensors and is protected by intellectual property law. These Terms do not grant you any rights to our trademarks or branding.
8. Availability and changes
We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue the Service or any part of it, and will give reasonable notice of material changes where practicable.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. You are responsible for verifying that tax calculations, receipts, and records produced by the Service meet your legal and accounting obligations.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, {{COMPANY_LEGAL_NAME}} WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE {{LIABILITY_CAP_PERIOD}} BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
11. Indemnification
You agree to indemnify and hold {{COMPANY_LEGAL_NAME}} harmless from claims arising out of your Customer Data, your use of the Service, or your violation of these Terms or applicable law, to the extent permitted by law.
12. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms or if required by law. On termination, your right to use the Service ends; we will handle your data as described in our Privacy Policy.
13. Governing law and disputes
These Terms are governed by the laws of {{GOVERNING_LAW}}, without regard to conflict-of-law rules. Disputes will be subject to {{DISPUTE_VENUE}}, except where applicable mandatory consumer-protection law gives you other rights.
14. Changes to these Terms
We may update these Terms from time to time. We will post the updated version at {{DOMAIN}} with a new effective date and, where required, notify you. Your continued use after changes take effect means you accept the updated Terms.
15. Contact
Questions about these Terms can be sent to:
{{COMPANY_LEGAL_NAME}} {{COMPANY_ADDRESS}} {{CONTACT_EMAIL}}