Terms of Service

These Terms of Service ("Terms") govern your access to and use of the posq restaurant point-of-sale platform, including the posq iPad POS application, the posq web admin portal, and the posq cloud API and related services (together, the "Service"), provided by posq ("posq", "we", "us" or "our"). By creating an account, installing the app, or otherwise using the Service, you ("Customer", "you") agree to these Terms.

1. Eligibility & accounts

The Service is intended for businesses. You must be at least 18 years old and authorised to bind your business to these Terms. You are responsible for the accuracy of the account information you provide and for all activity that occurs under your account, including the actions of your staff and operators.

You are responsible for safeguarding login credentials and for configuring roles and permissions appropriately. Notify us promptly at support@posq.app if you suspect any unauthorised use of your account.

2. The Service & licence

Subject to these Terms and payment of applicable fees, posq grants you a non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business operations during your subscription term. We may update, improve, or modify the Service over time; we will not materially reduce core functionality of a paid plan without reasonable notice.

3. Acceptable use

You agree not to, and not to permit any third party to:

• use the Service in violation of any applicable law, tax, or fiscalization regulation;
• resell, sublicense, or provide the Service to third parties except your own staff and operators;
• reverse engineer, decompile, or attempt to extract source code, except as permitted by law;
• probe, scan, or test the vulnerability of the Service, or breach security or authentication measures;
• interfere with or disrupt the integrity or performance of the Service, or introduce malicious code;
• use the Service to store or transmit unlawful, infringing, or harmful content; or
• circumvent usage limits, fiscalization controls, or audit records.

You are responsible for ensuring that your use of the Service — including the recording of transactions and the issuance of receipts — complies with the tax and record-keeping rules applicable to your business and jurisdiction.

4. Subscriptions, billing & taxes

The Service is provided on a subscription basis. Fees, billing frequency, and plan limits are as set out in your order or on our pricing materials. Unless stated otherwise:

• fees are billed in advance and are non-refundable except where required by law;
• subscriptions renew automatically for successive terms unless cancelled before renewal;
• fees are exclusive of VAT and other applicable taxes, which you are responsible for;
• we may revise fees on renewal with at least 30 days' prior notice.

Card payments processed through the Service are handled by third-party, PCI-DSS compliant payment processors. posq does not store full card numbers. Your use of a payment processor may be subject to that processor's own terms.

5. Customer data

As between the parties, you own the data you and your operators submit to the Service ("Customer Data"), including menu, order, and transaction records. You grant posq the rights necessary to host, process, and transmit Customer Data to provide, secure, and improve the Service. Our processing of personal data is described in our Privacy Policy and, where applicable, a Data Processing Agreement (DPA) that forms part of these Terms.

6. Availability & support

We aim to provide a reliable, highly available Service and offer support as described on our Support page. The Service may occasionally be unavailable due to maintenance or factors beyond our control. The iPad POS is designed to tolerate brief network interruptions, but you are responsible for suitable hardware, network connectivity, and local backups of critical records as required by law.

7. Intellectual property

The Service, including all software, designs, and the posq name and logo, is owned by posq and its licensors and is protected by intellectual property laws. Except for the licence expressly granted to you, no rights are transferred. Feedback you provide may be used by us without restriction or obligation.

8. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available". posq does not warrant that the Service will be uninterrupted, error-free, or that it will meet every regulatory requirement of your specific business. You remain responsible for verifying that your tax, fiscal, and accounting obligations are met. Nothing in these Terms excludes liability that cannot be excluded under mandatory law, including consumer rights that may apply.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, or for lost profits, revenue, or data. posq's total aggregate liability arising out of or related to the Service will not exceed the fees you paid to posq in the twelve (12) months preceding the event giving rise to the claim. These limits do not apply to liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited under applicable law.

10. Suspension & termination

You may cancel your subscription as described in your plan. We may suspend or terminate access if you materially breach these Terms, fail to pay fees, or use the Service in a way that poses a security or legal risk. On termination, your licence ends; we will make Customer Data available for export for a limited period as described in our Privacy Policy, after which it may be deleted in accordance with our retention practices and applicable record-keeping law.

11. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-product notice). Your continued use of the Service after the changes take effect constitutes acceptance.

12. Governing law & disputes

These Terms are governed by the laws of the Netherlands and, where applicable, the European Union, without regard to conflict-of-law rules. The competent courts of the Netherlands have exclusive jurisdiction over any dispute, except where mandatory law grants you the right to bring proceedings in another forum. For customers and end users in the United States and Canada, additional or differing terms may apply as required by local law.

13. Contact

Questions about these Terms? Contact us at legal@posq.app, or for general help support@posq.app.

posq · [Registered legal name, KvK number, and registered address to be completed] · The Netherlands.