Service Provider

The Service is provided by Oleksii Andriiuk, place of business: Moldavská cesta 506/5, 044 02 Turňa nad Bodvou, Slovenská republika, Company ID (IČO): 57831025, registered in the Živnostenský register Okresného úradu Košice-okolie, č. 830-28791. Tax ID (DIČ): 3122603968. Supervisory authority: Okresný úrad Košice-okolie, odbor živnostenského podnikania. Contact: [email protected].

1. Introduction

These Terms of Service govern your access to and use of the Posimos service. By using our service, you confirm that you have read these Terms and agree to be bound by them. If you do not agree with any provision of these Terms, please do not use the service.

2. Definitions

"Service" means the Posimos platform, including the web interface and mobile applications. "Client" means a legal entity or individual who has registered to use the Service. "End Consumer" means a person who interacts with a Client through the Service, including guests of establishments operated using Posimos.

3. Account Registration

To use the Service, you must register by providing accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you discover any suspicious activity or unauthorised access to your account, please contact us immediately at [email protected].

4. Description of Service

Posimos is a cloud-based automation system for restaurants and retail businesses. The Service includes features for managing menus, orders, inventory, staff, and reporting. The Service is provided "AS IS" and "AS AVAILABLE" without any warranties regarding uninterrupted operation, data accuracy, or compatibility with specific hardware or software. We reserve the right to modify, restrict, or discontinue any features of the Service without prior notice.

5. Fiscal, Tax, and Legal Matters

Posimos is an information system that records, organises, and displays the business data the Client enters into it. Posimos does not provide tax, accounting, or legal advice, is not a fiscal device, fiscal register, or fiscalisation service, and does not itself register settlement transactions with any tax authority. Where fiscalisation or similar functions are available, they are delivered through applications the Client chooses to install and configure (see Section 26) and are performed on the Client's behalf using the Client's own registrations and credentials. The Client is solely and entirely responsible for registering, operating, and reporting in accordance with the fiscal and tax legislation applicable to it, for the accuracy and completeness of the data entered, and for any decisions made on the basis of information obtained through the Service.

6. Subscription and Payment

Access to the Service is provided on a paid subscription basis. Current pricing is available on the pricing page. Payment is due in advance for the chosen billing period. We will notify you of any price changes at least 30 days before they take effect. Your subscription renews automatically at the end of each billing period unless you cancel before the next renewal date. Cancellations take effect at the end of the current paid period. No pro-rated refunds are issued for unused time.

7. Trial Period

New Clients may be offered a free trial period to explore the features of the Service. Once the trial ends, a paid subscription is required to continue using the Service. We reserve the right to modify the terms or duration of, or discontinue, the trial period at our sole discretion.

8. Payment Processing

Subscription payments are processed through a secure third-party payment provider. We do not store your payment card details - all card information is handled directly by the payment provider. For billing enquiries, please contact us at [email protected]. Our refund policy is described in the Refund Policy, available at https://posimos.com/en/refund.

9. Acceptable Use and Prohibited Activities

You agree to use the Service only for lawful purposes and in accordance with these Terms. The following are prohibited: reverse engineering, decompiling, or disassembling any part of the Service; copying, reproducing, or distributing Service materials without our written consent; reselling or transferring access to the Service to third parties; using the Service for competitive analysis or to develop competing products; attempting to gain unauthorised access to the Service, its systems, or networks; interfering with or disrupting the operation of the Service; using automated tools, bots, or scripts to interact with the Service without our prior written permission.

10. Intellectual Property

All intellectual property rights in the Posimos Service, including its software, design, trademarks, logos, and content, belong to us or our licensors. These Terms do not grant you any intellectual property rights other than a limited, non-exclusive right to use the Service within the scope set out in these Terms.

11. Data and Privacy

Your personal data is processed in accordance with our Privacy Policy, available at https://posimos.com/en/privacy. Posimos implements appropriate technical and organisational measures to protect your data from unauthorised access, loss, or disclosure.

12. Limitation of Liability

Posimos is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Service. Posimos's total aggregate liability to the Client for any claims relating to the Service shall not exceed the amount actually paid by the Client for one month of subscription preceding the event giving rise to the claim. We are not liable for the acts or omissions of third parties, including payment providers, internet service providers, and hardware manufacturers.

13. Indemnification

The Client agrees to defend, indemnify, and hold harmless Posimos, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of the Client's use of the Service or breach of these Terms.

14. Termination

You may cancel your subscription at any time through your account settings. We reserve the right to suspend or terminate your access to the Service immediately and without notice if you breach these Terms, or with 30 days' notice for any other reason. Following termination, your data is exported or deleted as set out in Section 25.

15. Changes to Terms

We may amend these Terms, including where the entity providing the Service changes as a result of a restructuring, merger, or transfer of business. Each version carries an identifier and effective date. We will notify you of material changes at least 30 days before they take effect, by email to your registered address or through the Posimos Service interface, and we may require you to expressly accept the updated Terms in the dashboard before continuing to use the Service. If you do not agree with the updated Terms, you may terminate your subscription and delete your account before the effective date; the previous version continues to govern until then. Changes required by law, or that only expand or improve the Service without reducing your rights, may take effect immediately.

16. Force Majeure

Posimos is not liable for delays or failures in performance caused by circumstances beyond our reasonable control. Such circumstances include, but are not limited to: natural disasters, fires, and floods; acts of war, martial law, or states of emergency; pandemics and epidemics; power outages and telecommunication network disruptions; cyberattacks and DDoS attacks; mobilisation and military conscription; the imposition of international sanctions affecting the provision of the Service.

17. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, this shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

18. Sanctions Compliance

The Service may not be used in violation of applicable international sanctions or export control laws. We reserve the right to suspend or restrict access to the Service where necessary to comply with such measures.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the Slovak Republic. Any disputes arising out of or in connection with these Terms or the use of the Service shall be submitted to the competent courts of the Slovak Republic, without prejudice to any mandatory consumer-protection provisions that may apply in your favour under the law of your country of residence. These Terms are published in several languages for convenience; the Slovak version is the authoritative one and prevails in case of any discrepancy.

20. Contact Information

For any questions regarding these Terms or the Posimos Service, please contact us: email - [email protected], phone - +380 73 023 51 20.

21. Business Use

The Service is intended exclusively for business (B2B) use by Clients acting in the course of their trade. It is not offered to consumers.

22. Data Processing (DPA)

With respect to personal data of the Client's own customers and staff entered into the Service, the Client acts as the data controller and Posimos acts as a data processor on the Client's documented instructions, which are set out in these Terms and given through the Client's use of the Service. The subject matter of the processing is the provision of the Service; its duration is the term of the Client's account; the categories of data and data subjects are those the Client chooses to enter (customers, staff, and their orders, contacts, and loyalty or shift records). Posimos will: process such data only for providing the Service and only on the Client's instructions, unless required by law; ensure that persons authorised to process the data are bound by confidentiality; apply appropriate technical and organisational measures; engage only the categories of sub-processors listed in the Privacy Policy, inform the Client of intended changes through the Service interface, and allow the Client to object by terminating the Service; assist the Client, taking into account the nature of the processing, with data-subject requests and security obligations where the Client cannot fulfil them through the Service's own tools (including the customer deletion and export functions available in the dashboard); at the end of the Service, make the data available for export and thereafter delete it in accordance with Section 25, unless retention is required by law; and make available the information reasonably necessary to demonstrate compliance with these obligations. The Client is solely responsible for the lawfulness of the collection of such data, for obtaining any required consents and providing any required notices, and for responding to requests of its data subjects. Installation of a marketplace application by the Client constitutes the Client's instruction to transmit relevant data to that application's provider, who processes it under its own terms.

23. Analytics, Monitoring, and Support Tools

To operate, secure, and improve the Service, Posimos uses analytics, monitoring, and support tools within the logged-in dashboard. Details are described in the Privacy Policy.

24. Conclusion of the Contract

The contract between the Client and Posimos is concluded electronically: the Client completes the registration form, confirms acceptance of these Terms by ticking the dedicated checkbox, and submits the form; the contract is concluded when Posimos creates the account and confirms this on screen or by email. Before submitting, the Client can review and correct the entered data in the form fields. These Terms are available in the languages offered on this page; the concluded contract consists of these Terms in the version accepted by the Client, the Privacy Policy, and the plan selected in the account, and the accepted version and time of acceptance are stored in the Client's account. These Terms are permanently accessible at this address, and the Client may save or print them.

25. Switching, Data Export, and End of the Service

The Client may terminate the Service at any time; the notice period never exceeds two months, and cancellations take effect at the end of the current paid period. During the term of the Service and for 30 calendar days after it ends, the Client may export the business data it has entered (including products, customers, orders, and reports) in a structured, commonly used, machine-readable format through the export functions available in the dashboard or, where a function is missing, by written request to [email protected]. No fee is charged for exporting data or for switching to another provider. After the retrieval period, Posimos may delete the Client's data, except where retention is required by law or for the establishment or defence of legal claims. Posimos is not responsible for the format requirements of, or the migration into, any third-party system. The production infrastructure of the Service is located in the European Union; information on the categories of exportable data is available on request.

26. Marketplace Applications and AI Features

The Service includes a marketplace of applications, some of which are provided by third parties and some by Posimos. Each application is installed at the Client's sole discretion and is subject to its own terms and privacy notice; the Client is responsible for reviewing them before installation and for any fees, data transfers, or legal obligations (including fiscal registrations) arising from its use. Posimos is not liable for the availability, accuracy, or conduct of third-party applications or their providers. The Service may also offer features based on artificial intelligence, such as an assistant that summarises or analyses the Client's data. Their output is generated automatically, may be inaccurate or incomplete, is provided for information only, and does not constitute professional advice; the Client remains responsible for verifying it before acting on it.