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.
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.
You agree not to:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Last updated: Jan 27, 2025