Terms of service

Effective Date: Jan 01, 2023

These Terms of Service ("Agreement") govern your access to and use of the Kuber POS platform, software, and related services (collectively, the "Services") provided by Kuber POS, LLC ("Company," "we," "us," or "our"). By accessing or using the Services, you ("User," "you," or "your") agree to be bound by the terms and conditions of this Agreement. If you do not agree to these Terms, you must not access or use the Services.

1. Services Provided

The Company provides a point-of-sale ("POS") system designed to facilitate the efficient operation of restaurants, including but not limited to order management, inventory tracking, sales reporting, and integrations with third-party applications (the "Services"). The Company reserves the right to modify, enhance, or discontinue the Services at its sole discretion without prior notice.

2. User Responsibilities

• Eligibility: You represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into and be bound by the terms and conditions of this Agreement.
• Account Security: You shall be solely responsible for maintaining the confidentiality of your account credentials, including any username and password, and for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use or breach of security related to your account.
• Compliance: You agree to use the Services in full compliance with all applicable local, state, and federal laws, regulations, and ordinances, as well as any industry-specific guidelines relevant to your business operations.

3. Payment and Billing

• Fees: You agree to pay all subscription fees, as set forth on the Company's website or otherwise disclosed to you during the onboarding process. All payments are due as specified in your subscription plan and must be made in accordance with the payment terms set forth therein.
• Payment Terms: Payments are due in accordance with the terms outlined in the applicable subscription plan. The Company reserves the right to suspend or terminate access to the Services in the event of late or non-payment.
• No Refunds: Except as required by applicable law or as otherwise expressly provided in a separate agreement, all payments made to the Company are non-refundable. In the event of Service disruption due to technical failure, the Company may, at its discretion, issue a service credit or partial refund.

4. Intellectual Property

• Ownership: The Company retains all right, title, and interest, including all intellectual property rights, in and to the Services, including any software, documentation, and related content (the "Intellectual Property").
• License: Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for the purposes for which they are intended. This license shall not be construed as a transfer of any ownership interest in the Company's Intellectual Property.

5. Prohibited Activities

You agree not to:

• Use the Services for any unlawful, illegal, or fraudulent purpose or in any manner that violates applicable laws, regulations, or third-party rights.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services.
• Share, transfer, or permit unauthorized access to your account or the Services.
• Engage in any activity that would impair the security or integrity of the Services or disrupt other users' access to the Services.

6. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Services will be error-free, uninterrupted, or free from defects, or that any defects will be corrected.

7. Limitation of Liability

To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use or inability to use the Services, including but not limited to damages for loss of profits, business interruption, or loss of data, regardless of the theory of liability, even if the Company has been advised of the possibility of such damages.

8. Termination

• By the Company: The Company reserves the right, at its sole discretion, to suspend or terminate your access to the Services without notice if you breach any term of this Agreement or otherwise misuse the Services.
• By You: You may terminate your account at any time by contacting the Company's customer service department. Upon termination, you shall immediately cease all use of the Services.

9. Privacy

Your use of the Services is governed by the Company's Privacy Policy, which details how the Company collects, uses, and protects your personal information. By using the Services, you consent to the collection, use, and sharing of your information in accordance with the Privacy Policy.

10. Governing Law and Dispute Resolution

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflicts of law principles.
• Arbitration: Any dispute, claim, or controversy arising out of or in connection with this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its rules. The arbitration shall be conducted in New Hampshire, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

11. Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquakes, strikes, pandemics, government actions, war, terrorism, or technical failures.

12. Data Security and Breaches

The Company employs reasonable administrative, physical, and technical safeguards designed to protect your personal data. However, in the event of a data breach, the Company shall notify affected users in accordance with applicable data protection laws.

13. Indemnity

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) your breach of this Agreement, or (c) any violation of third-party rights.

14. Third-Party Services or Integrations

The Services may contain links to or integrations with third-party services that are not under the control of the Company. The Company does not endorse or assume any responsibility for such third-party services and is not responsible for any loss or damage arising from your use of such services.

15. Acceptable Use Policy

You agree not to use the Services for any activity that violates the rights of others, including but not limited to fraudulent transactions, unlawful activity, harassment, or unauthorized access to systems or data.

16. Notifications and Communication

The Company may provide notices to you via email, through the Services, or by other means of electronic communication. You agree to promptly update your contact information and notify the Company of any changes.

17. Survival Of Provisions

The provisions of this Agreement that by their nature are intended to survive termination or expiration, including but not limited to Sections 4, 5, 6, 7, 8, and 11, shall survive such termination.

18. Amendments

The Company reserves the right to amend or modify this Agreement at any time. Any such amendments will be effective upon posting to the Company's website. Your continued use of the Services following the posting of amended Terms constitutes your acceptance of the modified Terms.