Terms of Service

1. Parties & Acceptance

These Terms of Service (“Terms”) constitute a legally binding agreement between KioskLink Lda, a company incorporated under Portuguese law (Número de Identificação de Pessoa Colectiva — NIF: [INSERT NIF], registered at [INSERT FULL ADDRESS], Lisbon, Portugal) (“KioskLink”, “we”, “us”, “our”) and you, the natural person or legal entity (“Customer”, “you”) that registers for or uses the KioskLink platform.

These Terms apply exclusively to business customers (“B2B”). By accepting these Terms you confirm that you are acting in the course of a trade, business, craft, or profession and that EU consumer-protection rules do not apply to this contract.

2. Description of Service

KioskLink is a cloud-based Software-as-a-Service (“SaaS”) restaurant-management platform (“Service”) that provides, depending on your subscription tier:

• Multi-restaurant, multi-tenant order management dashboard
• QR-code and kiosk-based customer ordering flows
• Real-time kitchen display system (KDS) and server-sent events
• Menu, product, category, and pricing management
• Online payment processing via Stripe and SumUp
• Table management, bookings, and rodízio session management
• Analytics, reporting, and invoice export
• AI-powered 3D product-model generation
• Email notifications and onboarding drip campaigns
• File storage (images, 3D models, documents) via Backblaze B2

We reserve the right to add, modify, or discontinue any feature of the Service at any time, subject to the notice provisions in Section 19.

2.1 Service Availability (SLA)

We target 99.5% monthly uptime for the core API and dashboard. Scheduled maintenance will be announced at least 24 hours in advance where practicable. Unplanned downtime may occur. We provide no uptime guarantee and shall have no liability for any downtime, degraded performance, or data loss unless caused by our wilful misconduct or gross negligence.

3. Eligibility & Account Registration

3.1 Eligibility

You must be at least 18 years of age and legally capable of entering into a binding contract. You must be a business entity or sole trader legitimately operating a food or beverage business. Use of the Service from jurisdictions where its use is prohibited is not permitted.

3.2 Accurate Information

You agree to provide true, accurate, current, and complete information during registration and to keep it up to date. Providing false business information — including fraudulent VAT / NIF numbers — is grounds for immediate termination.

3.3 Account Security

You are solely responsible for (a) maintaining the confidentiality of your login credentials, (b) all activity that occurs under your account, and (c) promptly notifying us at security@kiosklink.io if you suspect unauthorised access. We will not be liable for any loss or damage arising from your failure to protect your credentials.

3.4 One Account per Legal Entity

Each legal entity may maintain only one master account. Multiple restaurant locations may be managed as separate tenants under one account subject to plan limits.

4. Subscriptions & Payments

4.1 Plans

KioskLink offers Starter, Professional, Business, and Enterprise subscription tiers. Current pricing is published at kiosklink.io/#pricing and may be updated with 30 days' notice.

4.2 Billing Cycle

Subscriptions are billed in advance on the first day of each billing period (monthly or annually). Annual plans are billed as a single payment. All amounts are quoted exclusive of VAT / IVA; applicable taxes will be added at checkout in accordance with Portuguese and EU tax law.

4.3 Payment Method

You authorise KioskLink to charge your stored payment method automatically at each renewal. Failed charges may result in a grace period of up to 7 calendar days, after which your account may be suspended. You are responsible for ensuring your payment method remains valid.

4.4 Price Changes

We may change subscription prices upon 30 days' written notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new price. If you do not accept a price increase, you may cancel before the new price takes effect and receive a prorated refund of prepaid fees for the unused period.

4.5 No Refunds (General Rule)

All subscription fees are non-refundable except as expressly stated in our Refund Policy or required by mandatory EU consumer-protection law. Unused subscription time is not refundable upon cancellation.

4.6 Disputed Charges

If you believe a charge is incorrect, you must notify us within 30 days of the charge date. Initiating a chargeback or payment dispute without first contacting us may result in immediate account suspension.

4.7 Taxes

You are responsible for all taxes, duties, or levies imposed by any authority on the fees you pay. KioskLink will charge Portuguese VAT (IVA) at the applicable rate. If you are VAT-registered in another EU member state, supply your valid VAT number at registration to apply the reverse-charge mechanism.

5. Free Trial

New accounts receive a 7-day free trial (“Trial”). No payment method is required to start the Trial. At the end of the Trial, to continue using the Service you must subscribe to a paid plan. We reserve the right to modify Trial duration or eligibility at any time. Data entered during the Trial may be deleted if you do not subscribe within 14 days of Trial expiry.

One Trial per legal entity. Creating multiple accounts to extend Trial access is prohibited and constitutes fraud.

6. Acceptable Use

You agree not to use the Service to:

• Process orders for illegal goods or substances (including unlicensed alcohol, narcotics, or counterfeit items)
• Conduct fraudulent transactions, money laundering, or any activity violating anti-money-laundering (AML) or counter-terrorism financing (CTF) laws
• Violate any applicable food-safety, hygiene, health, or licensing law in your jurisdiction
• Upload, transmit, or store content that is defamatory, obscene, hateful, or infringes third-party intellectual property rights
• Attempt to probe, scan, or test the vulnerability of the Service or circumvent any security measure
• Use automated tools (bots, scrapers, crawlers) against the Service without our prior written consent
• Resell, sublicense, or white-label the Service without a separate written reseller agreement with us
• Engage in activity that places a disproportionately large load on our infrastructure
• Impersonate KioskLink or any other entity

We reserve the right to investigate suspected violations and to cooperate with law-enforcement authorities. We may disclose information about your account to the extent required by law.

7. Your Content & Data

7.1 Ownership

You retain full ownership of all data and content you upload to or generate through the Service (“Customer Content”), including menu items, images, order data, and customer records.

7.2 Licence to KioskLink

You grant KioskLink a worldwide, royalty-free, non-exclusive licence to host, store, process, transmit, and display Customer Content solely to the extent necessary to provide and improve the Service and as described in our Privacy Policy. This licence terminates when you delete the content or close your account, subject to backup-retention periods.

7.3 Your Responsibilities

You are solely responsible for the accuracy, legality, and appropriateness of all Customer Content. You represent that you hold all necessary rights to grant the licence in 7.2.

7.4 Data Portability & Deletion

Upon written request, we will provide a machine-readable export of your Customer Content within 30 days. Following account termination, we will delete Customer Content within 90 days, unless longer retention is required by law or for legitimate business purposes (e.g., financial record-keeping).

7.5 Aggregated Analytics

We may use anonymised and aggregated data derived from the Service for benchmarking, product improvement, and marketing purposes. Such data will not identify you or your end-customers.

8. Payment Processing (Stripe & SumUp)

KioskLink integrates with Stripe, Inc. and SumUp Payments Limited (“Payment Processors”) to enable your customers to pay for their orders. When you enable payment processing:

• You are entering into a direct agreement with the relevant Payment Processor and are bound by their terms, including Stripe's Connected Account Agreement and SumUp's Merchant Terms.
• KioskLink acts solely as a technology intermediary and is not a payment institution, acquirer, or money-services business. We do not hold, transmit, or settle customer funds.
• You are solely responsible for compliance with PCI-DSS, SCA (Strong Customer Authentication under PSD2), and any other payment-regulation requirements applicable to your business.
• KioskLink collects a platform fee (stated on the pricing page) on transactions processed through the Service. This fee is non-refundable once the transaction has settled.
• KioskLink is not responsible for declined transactions, payment-processor outages, chargeback outcomes, fraudulent transactions by your customers, or any failure of the Payment Processors.
• Funds are settled by the Payment Processor directly to your bank account according to their payout schedule. KioskLink has no control over, and accepts no liability for, any delay or failure in such payouts.

9. Third-Party Services

The Service integrates with or relies upon the following third-party services (non-exhaustive):

• Stripe & SumUp — payment processing (see Section 8)
• OpenAI — AI features including 3D model generation and menu assistance
• Resend / SendGrid — transactional and marketing email delivery
• Cloudinary / Backblaze B2 — media and document storage
• Firebase — legacy authentication (being phased out)
• Hetzner / Railway — cloud hosting infrastructure

Use of these services is subject to their respective terms and privacy policies. KioskLink is not responsible for the availability, accuracy, or conduct of any third-party service. We will use reasonable endeavours to notify you of significant changes to our sub-processor list but are not liable for the acts or omissions of third parties.

Any links to third-party websites within the Service are provided for convenience only. KioskLink does not endorse and has no control over such websites.

10. Intellectual Property

10.1 KioskLink IP

All software, source code, algorithms, designs, trademarks, trade names, and documentation related to the Service are the exclusive property of KioskLink Lda or its licensors and are protected by intellectual-property law. These Terms grant you only a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription.

10.2 Restrictions

You may not:

• Copy, modify, adapt, translate, reverse-engineer, disassemble, or decompile any part of the Service
• Remove or obscure any proprietary notices or labels
• Create derivative works based on the Service
• Use the KioskLink name, logo, or trademarks without prior written permission
• Benchmark the Service and publish results without our consent

10.3 Feedback

If you provide suggestions, ideas, or feedback about the Service (“Feedback”), you grant KioskLink an irrevocable, perpetual, royalty-free licence to use such Feedback for any purpose without any obligation to you.

11. Confidentiality

Each party may disclose to the other certain non-public, proprietary, or confidential information (“Confidential Information”). Each party agrees to: (a) hold the other's Confidential Information in strict confidence; (b) use it solely to perform obligations or exercise rights under these Terms; and (c) not disclose it to third parties except to employees, contractors, or advisors who need to know and are bound by equivalent confidentiality obligations.

Confidential Information does not include information that is (i) publicly available through no fault of the receiving party, (ii) already known to the receiving party, (iii) independently developed, or (iv) required to be disclosed by law or court order (in which case the disclosing party will give prompt prior written notice where legally permissible).

12. Data Protection & GDPR

12.1 Roles

In respect of your restaurant's end-customer data processed through the Service: you are the Data Controller and KioskLink is the Data Processorwithin the meaning of the EU General Data Protection Regulation (GDPR) (EU) 2016/679. A Data Processing Addendum (“DPA”), which forms part of these Terms, is available at kiosklink.io/dpa.

12.2 Controller Obligations

As the Data Controller, you are responsible for:

• Having a lawful basis for processing your customers' personal data
• Providing your customers with adequate privacy notices
• Responding to data-subject requests (access, erasure, portability, etc.) from your customers
• Ensuring that your use of the Service complies with applicable data-protection law

12.3 KioskLink's Obligations as Processor

KioskLink will:

• Process personal data only on your documented instructions
• Implement appropriate technical and organisational security measures
• Not engage sub-processors without informing you (our current sub-processor list is published at kiosklink.io/dpa)
• Assist you in responding to data-subject requests to the extent technically feasible
• Notify you of a personal data breach without undue delay (and in any event within 72 hours of becoming aware)
• Delete or return personal data at the end of our engagement, at your choice

12.4 Our Own Data Practices

KioskLink's collection and use of personal data relating to your account is described in our Privacy Policy.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS OF CONTENT.

KIOSKLINK DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DEFECTS WILL BE CORRECTED; OR (D) ANY DATA STORED IN THE SERVICE WILL BE ACCURATE OR RELIABLE.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.

14. Limitation of Liability

14.1 Exclusion of Consequential Loss

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIOSKLINK, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS;
• LOSS OF DATA OR BUSINESS INTERRUPTION;
• DAMAGE TO REPUTATION OR BRAND;
• COST OF SUBSTITUTE GOODS OR SERVICES;

WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF KIOSKLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Aggregate Cap

IN NO EVENT SHALL KIOSKLINK'S TOTAL CUMULATIVE LIABILITY TO YOU UNDER OR ARISING FROM THESE TERMS EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO KIOSKLINK IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED EUROS (€100).

14.3 Essential Basis

You acknowledge that the limitations of liability in this Section 14 reflect a fair allocation of risk, are an essential element of the basis of the bargain between the parties, and that KioskLink would not have entered into these Terms without such limitations.

14.4 Exceptions

Nothing in these Terms limits or excludes KioskLink's liability for: (a) death or personal injury caused by KioskLink's negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded under mandatory applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless KioskLink and its officers, directors, employees, contractors, licensors, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:

• Your use of or inability to use the Service
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right (including intellectual property rights and data-protection law)
• Any Customer Content you upload or transmit
• Food safety, hygiene, licensing, or consumer-protection obligations relating to your restaurant
• Claims by your employees, staff, or end-customers arising from your operation of the restaurant business
• Any misuse of payment-processing features

KioskLink reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you will cooperate with us.

16. Force Majeure

Neither party shall be in breach of these Terms or liable for any delay or failure to perform any obligation (other than a payment obligation) to the extent that such delay or failure is caused by circumstances beyond that party's reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riot, fire, flood, epidemic, pandemic, government action, regulatory changes, internet or telecommunications outages, cyberattacks, denial-of-service attacks, third-party service failures (including AWS, Stripe, OpenAI, or Backblaze), or labour disputes.

The affected party shall promptly notify the other and use reasonable endeavours to mitigate the impact. If a force-majeure event continues for more than 30 consecutive days, either party may terminate these Terms by written notice without liability.

17. Term & Termination

17.1 Term

These Terms commence on the date you accept them and continue until your subscription ends or these Terms are terminated in accordance with this Section.

17.2 Termination by You

You may cancel your subscription at any time via the billing settings in your dashboard. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until then. No prorated refund is provided for the remainder of a monthly period; for annual plans, see our Refund Policy.

17.3 Termination by KioskLink

We may terminate your account and these Terms immediately upon written notice if:

• You materially breach these Terms and (where the breach is remediable) fail to remedy it within 14 days of notice
• You become insolvent, enter administration or liquidation, or are unable to pay your debts as they fall due
• We are required to do so by applicable law or regulatory authority
• Your account is used for fraudulent, illegal, or abusive activity

17.4 Effect of Termination

Upon termination: (a) your right to access and use the Service ceases immediately; (b) you must pay all outstanding fees; (c) we will provide a data export within 30 days on request; (d) Sections 7.4, 10, 11, 12, 13, 14, 15, 20, and 21 survive termination.

18. Suspension

KioskLink may suspend access to the Service (without terminating the contract) if:

• A subscription payment is overdue by more than 7 days
• We reasonably suspect your account has been compromised
• Your use of the Service creates security risks or disproportionate load
• Required by a Payment Processor (e.g., Stripe risk review)

We will use reasonable endeavours to give advance notice before suspension except where immediate action is necessary to protect the Service or other users. Suspension does not relieve you of your payment obligations.

19. Changes to the Service & Terms

19.1 Changes to the Service

We may modify, update, or discontinue features of the Service at any time. We will notify you of material changes (e.g., removal of a core feature you rely on) with at least 30 days' advance notice where practicable.

19.2 Changes to These Terms

We may update these Terms by posting a revised version on this page and notifying you by email. The revised Terms will take effect 30 days after notification (or immediately if required by law). If you do not agree to the changes, you may cancel your subscription before the effective date for a prorated refund of prepaid fees. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

20. Governing Law & Dispute Resolution

20.1 Governing Law

These Terms and any non-contractual obligations arising from or in connection with them shall be governed by and construed in accordance with the laws of Portugal, excluding its conflict-of-law rules, and subject to applicable EU law.

20.2 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve any dispute informally. Either party may notify the other in writing of a dispute; the parties shall then negotiate in good faith for 30 days to seek a resolution.

20.3 Jurisdiction

If the dispute cannot be resolved informally, each party submits to the exclusive jurisdiction of the courts of Lisbon, Portugal. You waive any objection to those courts on grounds of inconvenient forum.

20.4 EU Online Dispute Resolution

The European Commission provides an online dispute-resolution platform available at ec.europa.eu/consumers/odr. KioskLink's email for this purpose is legal@kiosklink.io.

21. General Provisions

21.1 Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and any executed Order Forms or DPA, constitute the entire agreement between the parties relating to the Service and supersede all prior negotiations, representations, or agreements.

21.2 Severability

If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable; the remaining provisions shall continue in full force.

21.3 Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of the right to enforce such provision on a future occasion.

21.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. KioskLink may assign these Terms (in whole or part) to an affiliate or in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this section is void.

21.5 No Partnership

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.

21.6 Notices

Legal notices to KioskLink must be sent by email to legal@kiosklink.io with confirmation of receipt, or by recorded post to our registered address. Notices to you will be sent to the email address on your account. Notices are deemed received on the next business day after sending (email) or 3 business days after posting (recorded post).

21.7 Language

These Terms are drafted in English. A Portuguese translation may be provided for convenience, but in the event of any conflict the English version shall prevail.

21.8 Export Control

You agree not to export or re-export the Service or any related technology in violation of EU, Portuguese, or United States export-control laws and regulations.

22. Contact

For questions about these Terms, please contact: