1. who we are
this service is provided by Posmate Inc., a Delaware C-Corporation with registered office at [Delaware registered office address](“posmate”, “we”, “us”).
2. acceptance of these terms
by creating an account, signing in or otherwise using posmate’s website at posmate.cafe, mobile apps, or related services (the “service”), you agree to these terms and to our privacy policy. if you do not agree, do not use the service.
if you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.
3. the service
posmate is a software-as-a-service (saas) platform for restaurants, bars and similar businesses that provides point-of-sale, stock management, kds, analytics and related features.
we may add, modify or remove features at any time. we will not materially reduce core functionality of a paid plan during your billing period without offering you a refund or alternative.
4. your account
- you are responsible for the activity on your account and for keeping your credentials secure.
- you must provide accurate information and keep it up to date.
- notify us immediately at hola@posmate.cafe if you suspect unauthorized access.
5. plans, fees and payment
- current pricing is shown on the pricing section of our website.
- fees are billed in advance on a recurring monthly basis unless stated otherwise.
- payments are processed by third-party payment providers; their terms apply to the payment transaction.
- we may change prices with at least 30 days’ notice. price changes do not apply to billing periods already paid.
- taxes are not included unless explicitly stated.
6. free trial
we offer a one-month free trial for new accounts. no credit card is required to start the trial. at the end of the trial your account will be paused unless you choose a paid plan; we do not charge automatically.
7. cancellation and refunds
you can cancel your subscription at any time from your account settings or by emailing hola@posmate.cafe. cancellation takes effect at the end of the current billing period. fees already paid for the current period are not refunded unless required by law.
8. acceptable use
you agree not to:
- use the service for any illegal or fraudulent activity
- attempt to interfere with, reverse engineer or compromise the service
- use the service to send spam or otherwise harass third parties
- upload content that infringes intellectual property or privacy rights of others
- resell or sublicense access to the service without our written consent
we may suspend or terminate accounts that violate these rules.
9. your data and content
you own your data and all content you upload to the service. you grant us a limited license to host, process and display that content as needed to operate the service for you.
on request and upon termination, we will provide a reasonable export of your data in a standard format.
10. our intellectual property
posmate, its logo, software, designs and documentation are owned by Posmate Inc. and protected by intellectual property laws. these terms grant you a non-exclusive, non-transferable right to use the service while your subscription is active — nothing more.
11. confidentiality
each party will keep confidential any non-public information received from the other in the course of using the service and will use it only to perform under these terms.
12. third-party services
the service may integrate with third-party tools (payment processors, accounting software, analytics, communications, etc.). we are not responsible for those services or their terms.
13. warranty disclaimer
the service is provided “as is” and “as available”. to the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. we do not warrant that the service will be uninterrupted, error-free or completely secure.
14. limitation of liability
to the maximum extent permitted by law, Posmate Inc. and its officers, directors, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business opportunities, arising out of or relating to the service.
our total liability for any claim related to the service is limited to the amount you paid to us during the twelve (12) months immediately preceding the claim.
15. indemnification
you agree to indemnify and hold harmless posmate from any claim or demand arising from your breach of these terms, your misuse of the service or your violation of any law or third-party right.
16. termination
you can stop using the service at any time. we can suspend or terminate your access if you breach these terms, fail to pay, or if we are required to do so by law. on termination your right to use the service ends; sections that should survive (intellectual property, liability, indemnity, governing law) survive.
17. changes to these terms
we may update these terms from time to time. if changes are material we will notify you by email or in-app at least 14 days before they take effect. continuing to use the service after the effective date constitutes acceptance.
18. governing law and disputes
these terms are governed by the laws of the state of delaware, usa, without regard to its conflict-of-laws rules. any dispute will be resolved exclusively in the state or federal courts located in delaware, and you consent to their jurisdiction. nothing in this section limits any mandatory consumer rights you may have under the laws of your country of residence.
19. miscellaneous
these terms (together with the privacy policy) are the entire agreement between you and Posmate Inc. regarding the service. if any provision is held unenforceable, the remaining provisions remain in effect. our failure to enforce a provision is not a waiver.
20. contact
- general: hola@posmate.cafe
- legal: legal@posmate.cafe
- company: Posmate Inc.
- address: [Delaware registered office address]