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. Disclaimer of Tax and Legal Advice

Posimos does not provide tax, accounting, or legal advice. Any information presented within the Service is for informational purposes only and does not constitute professional advice. We are not liable for decisions made based on information obtained through the Service. We specifically note that Posimos is not a software registrar of settlement transactions (PRRO) and is not a fiscal registrar. We bear no responsibility for compliance with tax legislation, registration of settlement transactions, or fulfilment of any other fiscal obligations. The Client is solely and entirely responsible for meeting all fiscal and tax obligations in accordance with applicable Ukrainian law.

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 of your subscription or account, your data may be deleted in accordance with our data retention policy.

15. Changes to Terms

We reserve the right to amend these Terms at any time. We will notify you of any material changes by email or through the Posimos Service interface. Continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

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 and Temporarily Occupied Territories

The Service may be unavailable or restricted in the temporarily occupied territories of Ukraine or in regions subject to international sanctions or export control measures. We are not liable for any inability to access the Service in such regions or for any consequences related to such restrictions.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of Ukraine. Any disputes arising in connection with these Terms or the use of the Service shall be resolved in the courts at the location of our registered office, unless mandatory provisions of applicable law provide otherwise.

20. Contact Information

For any questions regarding these Terms or the Posimos Service, please contact us: email - [email protected], phone - +380 99 899 70 59.