About these terms
These terms are an agreement between 1T3chSoftware LTD, a company registered in England and Wales (“we”, “us”) and the business that signs up to use our service (“you”, “the shop”). They apply together with any order form we agree with you, our acceptable use policy and our data processing terms. If an order form says something different, the order form wins.
The service is for businesses. It is not offered to consumers.
The service
The service can include a counter till, an ordering website, a customer app installed from that website, a back office for menus, orders, reports and staff, and optional features such as delivery, card readers and marketing. What you have is set out in your order form or switched on in your account.
We improve the service over time. We will not remove a feature you rely on without telling you in advance, unless we must for legal or security reasons.
Accounts and staff
- You are responsible for everyone you give access to, and for what they do with it.
- Each member of staff should have their own PIN. Do not share PINs or passwords.
- Tell us straight away if you think an account has been misused.
Your responsibilities
You run your shop; we provide the software. In particular you are responsible for:
- Your menu, prices, descriptions and photos being accurate.
- Allergen information. The service lets you record and show allergens, but you are responsible for that information being correct and for meeting food information law.
- The food you sell, food hygiene, licences, opening hours and delivery.
- Your VAT settings, receipts and tax returns, and checking your reports.
- Having a privacy notice for your customers, and only sending marketing to customers who agreed to it.
- Your own equipment and internet connection.
Card payments
Online card payments, and card readers if you use them, are provided by Stripe. You hold your own Stripe account and agree to Stripe’s terms, including the Stripe Connected Account Agreement. Customers’ payments are paid out to you by Stripe. Stripe charges its own processing fees. We never hold your customers’ card details.
Fees
- Our fees are those in your order form or otherwise agreed with you in writing.
- Where agreed, a platform fee on online card orders is collected through Stripe at the time of the order.
- Prices exclude VAT unless stated. Invoices are due within 14 days.
- We will give you at least 30 days’ notice of any change to our fees.
- If fees are more than 30 days overdue, we may suspend the service after giving you notice.
Availability and support
We work hard to keep the service running and design it so that the till carries on taking orders without an internet connection. We cannot promise that the service will never be interrupted, for example by your internet provider, a supplier outage or essential maintenance.
We do not release till updates on Fridays, Saturdays, or between 5pm and 11pm UK time on other days, except to fix a serious security or data problem.
Ownership
- You own your content: your menu, brand, logos, photos and your customer data.
- We own the software and the service, and grant you the right to use them while you subscribe.
- Website designs we create for your shop are licensed to you for use with the service. Your logos and photos within them remain yours.
Your data
We process your customers’ personal data on your behalf under our data processing terms, which form part of this agreement. Our privacy policy explains how we handle the personal data we control.
Ending the agreement
Unless your order form says otherwise, the service runs month to month and either of us can end it with 30 days’ written notice. Either of us can end it straight away if the other seriously breaches these terms and does not put it right within 14 days of being asked, or becomes insolvent.
We may suspend access straight away if it is needed to protect the service, other shops or your customers, for example after a security incident or a serious breach of the acceptable use policy.
When the agreement ends you can export your data for 30 days. After that we delete it, apart from records we must keep by law.
Liability
- Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
- Neither of us is liable for loss of profit, revenue, goodwill or anticipated savings, or for indirect losses.
- Our total liability in any 12 months is limited to the fees you paid us in those 12 months.
- We are not responsible for the food you sell, the information you publish (including allergens), or the services of Stripe or other providers you contract with directly.
Changes to these terms
We may update these terms. We will give you at least 30 days’ notice of any change that affects you materially. If you do not agree, you can end the agreement before the change takes effect.
Law
These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.