1. Introduction
These Terms of Service (the “Terms”) are a legal agreement between you and POSuna Ltd. (“POSuna,” “we,” “us,” or “our”) governing your access to and use of our multi-tenant point-of-sale back-office platform, websites, and related services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of a company, you represent that you have authority to bind that company, and “you” refers to that company.
2. Definitions
- Account: The administrative profile(s) created to access the Services.
- Customer Content: Information, data, text, images, logos, pricing, and other material you submit, upload, or otherwise make available via the Services.
- Order Form: Any ordering document or online subscription flow specifying your plan, pricing, and term.
- Subscription Term: The period during which you are entitled to use the Services, as stated on the Order Form.
3. Eligibility & Account
3.1 Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Services. You may not use the Services if you are subject to sanctions or located in a jurisdiction where use is prohibited by law.
3.2 Registration & Security
You must provide accurate account information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities under your Account. Notify us immediately of any unauthorised use.
3.3 Roles & Permissions
The Services include granular page-level permissions. You are responsible for assigning appropriate roles and reviewing them regularly.
4. Acceptable Use
- Do not interfere with or disrupt the Services or attempt to access areas for which you do not have permission.
- Do not upload malicious code, infringing content, or content that is unlawful, defamatory, or otherwise harmful.
- Respect rate limits and API usage guidelines.
- Comply with all applicable laws, including consumer protection and data protection laws.
5. Subscriptions & Billing
Access to the Services is provided on a subscription basis as described in your Order Form. Unless otherwise stated, subscriptions renew automatically at the then-current price. You authorise us (and our payment processors) to charge all applicable fees, taxes, and charges to your selected payment method.
5.1 Taxes
Fees are exclusive of VAT and other applicable taxes, which will be charged as required by law.
5.2 Late Payments
Overdue amounts may incur interest at the maximum rate permitted by law and may result in suspension of access until payment is received.
5.3 Refunds
Unless required by law or specified otherwise in an Order Form, all fees are non-refundable.
6. Free Trials
We may offer a free trial or demo environment. Trials are provided “as is,” with limited support and no guarantee of data retention after the trial ends.
7. Suspension & Termination
We may suspend or terminate your access if you breach these Terms, fail to pay fees when due, or if we reasonably believe your use poses a risk to the Services or other users. You may terminate at the end of the current Subscription Term by giving the notice specified in your Order Form.
Upon termination, your right to access the Services ceases. We may retain certain data as required by law or for legitimate business purposes. You are responsible for exporting your data before termination where possible.
8. Data Protection & Privacy
We process personal data in accordance with our Privacy Policy and, where applicable, a Data Processing Agreement (“DPA”). For UK and EU customers, POSuna acts as a processor for Customer personal data and you are the controller, except where we act as a controller for our own account, billing, and product improvement data.
- Lawful basis: Typically performance of a contract or legitimate interests for service improvement and fraud prevention.
- International transfers: Where data is transferred outside the UK/EU, we implement appropriate safeguards (e.g., SCCs) where required.
- Data subject rights: You are responsible for responding to rights requests related to Customer Content; we will assist as outlined in the DPA.
9. Security
We maintain administrative, technical, and organisational measures designed to protect the security, confidentiality, and integrity of the Services and Customer Content. No method of transmission or storage is 100% secure; you are responsible for implementing appropriate access controls within your organisation.
10. Availability & Support
We strive for high availability and timely support. Planned maintenance will be communicated via status.posuna.co.uk where possible. Support hours are listed on our Contact page. Any service-level commitments must be set out in an Order Form or SLA addendum.
11. Intellectual Property
POSuna and its licensors own all rights, title, and interest in and to the Services, including software, design, and documentation. Except for the limited rights expressly granted to you under these Terms, no rights are granted by implication or otherwise.
12. Customer Content
You retain all rights to Customer Content. You grant POSuna a non-exclusive, worldwide, royalty-free licence to host, use, display, and process Customer Content as necessary to provide and improve the Services, and to comply with law. You represent you have obtained all necessary rights to submit Customer Content.
13. Third-Party Services
The Services may interoperate with third-party products and services (“Third-Party Services”). We do not control and are not responsible for Third-Party Services. Your use of any Third-Party Service is subject to that provider’s terms and policies.
14. Compliance
- Payments: If you use integrated payments, you must comply with PCI DSS requirements applicable to your environment.
- Industry-specific laws: You are responsible for compliance with sector-specific regulations that apply to your business (e.g., VAT rules, consumer protection, licensing).
- Export: You will not use the Services in violation of applicable export control or sanctions laws.
15. Confidentiality
Each party may access the other party’s confidential information. The receiving party will protect that information using at least reasonable care and will not use it for any purpose outside the scope of these Terms.
16. Disclaimers
Except as expressly stated in these Terms, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.
17. Limitation of Liability
To the maximum extent permitted by law, POSuna will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our aggregate liability arising out of or relating to these Terms will not exceed the amounts paid by you for the Services during the twelve (12) months prior to the event giving rise to liability.
18. Indemnity
You will defend, indemnify, and hold harmless POSuna and its affiliates, officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Services, your Customer Content, or your breach of these Terms.
19. Governing Law
These Terms are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms, except that POSuna may seek injunctive relief in any court of competent jurisdiction.
20. Changes to the Terms
We may update these Terms from time to time. We will post the updated Terms on this page and update the “Effective date.” If changes materially affect your rights, we will provide additional notice (e.g., email or in-app notice). Your continued use of the Services after changes become effective constitutes acceptance.
Contact
If you have questions about these Terms, please contact us at legal@posuna.co.uk or via our Contact page.