Point of Sale Services Terms

Introduction

By using SumUp’s point of sale services ("POS Services"), including POS Pro, POS Lite, and SumUp Kiosk, as well as Associated Services (as defined below), you agree to be bound by SumUp’s General Terms, these point of sales service Terms (“POS Terms”), and all other terms and policies applicable to specific Services that you may use. These POS Terms are Additional Terms and, with the General Terms and the Purchase Terms, are part of the legal agreement between you and SumUp Payments Limited (“SumUp”, “we”, “us”). Unless otherwise defined herein, capitalised terms have the same meaning as in the General Terms and the Purchase Terms.

Eligibility

The POS and Associated Services are only available to businesses and are not intended for personal use by consumers. By using the POS and Associated Services, you confirm that you are an entrepreneur, freelancer, or business owner and use the POS Services exclusively for business purposes.

Accordingly, you have no right of withdrawal pursuant to consumer protection laws.

In order to ensure that you use the Services in this way, we will verify your business status as part of the onboarding process. Any contract between you and SumUp is subject to the condition that this verification is positive.

1. POS Services

SumUp’s POS Services are described on our website and include, but may not be limited to, point of sale software, internet-based software as a service and hardware (“POS Hardware”) and are used to facilitate the completion and settlement of sales transactions between you and your customers.

2. Associated Services

As part of our POS Services we may also offer related services, such as SumUp Connect and SumUp Ordering (“Associated Services”).

SumUp Connect is a reward program (“reward program”) where you and/or SumUp can offer your customers points, cashback or other loyalty instruments for each purchase or visit made in your store and allow them to redeem the points within the specifications of the reward program in exchange of rewards offered by you and/or us. Your customers can enrol in the program through sign-up at your store, through emails or our website by providing their phone number or email address. SumUp Connect may enable you and/or SumUp to send marketing communication, offers, coupons, rewards, loyalty programs (“Rewards”) in-store, via SMS/text message, and/or by email, as agreed with you. The Rewards will allow your customers to accumulate points based on the customer’s participation in SumUp Connect. You agree that customers can redeem Rewards at your store. Please note, Rewards carry no monetary value, and they cannot be exchanged for cash at any time.

SumUp is not always the provider of Rewards. If SumUp is the Rewards provider, it will be indicated. In all other cases SumUp solely facilitates your ability to operate SumUp Connect to your customers. Any kind of relationship regarding the Rewards offered by you under the SumUp Connect program is solely your responsibility. SumUp is not responsible for delivering and managing the Rewards offered by you and for addressing any issues or disputes that may arise with your customers in connection with the Rewards offered by you.

The number of messages via SMS or other fee-based communication channels that you are able to send to your customers will depend on the service package that you have signed up to with us.

SumUp Ordering offers an interactive mobile menu that displays your product offering to your customers. Customers can place and pay for orders, with all orders being directed to you for fulfillment and with the option selected by the Customer - either delivery to the table or pickup at the bar. Payments for orders are processed by SumUp and remitted to you based on an agreed fee and payout schedule.

3. Your responsibilities and warranties

a) You warrant that your use of our POS and Associates Services will comply with all applicable laws and regulations, including but not limited to consumer, fiscal, tax and related laws and that you not use our POS and Associated Services to offer goods or services that are illegal or potentially illegal (including counterfeited, stolen or fraudulent ones). We are not liable for your non-compliance with any laws or regulations, or with your customer policies and terms, and you will hold harmless and indemnify SumUp against any and all loss, cost, damages or liabilities which SumUp may incur or sustain as a result of your non-compliance. We do not warrant, endorse, guarantee, or assume responsibility for goods or services that you may offer on the chosen POS and Associated Services or for claims made against you by your customers.

b) You agree that you are responsible for the following in connection with your use of the POS and Associated Services:

1. fulfilling and delivering all goods and services ordered by your customers and in time;

2. keeping the availability of products up to date at all times;

3. providing your customers with an adequate return and refund policy in compliance with applicable laws;

4. handling all complaints, inquiries, comments, and claims related to goods and services and to the Rewards you offer;

5. fulfilling your tax obligations related to the sale of goods and services, and where necessary notifying your customers of applicable taxes;

6. providing your customers with a complete and accurate description of the goods or services offered, customer service contact, address, delivery policy, customer data protection policy and all other legally required information (e.g. Allergen information, calorie information) to be provided to customers in the relevant jurisdiction;

7. installing software updates promptly;

8. maintaining the security and control of its premises, equipment (including hardware and associated firmware), and username(s) and access passwords to its SumUp Account;

9. immediately notifying SumUp if it becomes aware of any unauthorized activity under its SumUp Account and/ or the POS login and cooperating with SumUp to prevent any further unauthorized activity; and

10. complying with all applicable laws, rules, and regulations related to unsolicited or unwanted communications or telemarketing;

11. taking full responsibility for the rewards you offer, including the redemption of rewards by the customer, whether you offered the reward or another SumUp merchant;

12. honouring any Rewards you offer, even after any expiration or termination of your subscription and/or Rewards Program. You further represent, warrant and covenant that your Rewards Program (including all text, SMS, and e-mail messages, as well as app notifications, sent by Merchant through SumUp Connect) will comply with all applicable laws and regulations.

13. presenting the Consumer T&Cs and SumUp’s Privacy Policy, in addition to any privacy policy you may have, for the customer prior to sign-up. SumUp accepts no liability for the Consumer T&Cs, either as provided or as they may be modified by you. They are merely a (free of charge) service offered by SumUp.

c) Some of the POS Services may require an active internet connection. It is your responsibility to ensure that it has a stable internet connection with sufficient bandwidth. For certain use cases, a temporary mode with limited functions (hereinafter "off-line mode") is available in the event of an internet connection failure. You must ensure that the data generated offline is subsequently synchronised with the server.

d) You are responsible for configuring the POS Services in accordance with the financial regulations applicable to you and for carrying out any required physical backups or archiving. Furthermore, it is your responsibility to consider and implement any necessary technical security element (fiscalisation) in compliance with the legal requirements of your operating jurisdiction.

The determination of whether such measures are necessary is at your sole discretion, and we do not assume any responsibility for this decision-making process. We do not warrant, endorse, guarantee, or assume responsibility that the POS Services are fiscally compliant within your jurisdiction.

4. Third Party Materials

The POS Services and Associated Services may allow you to access third-party applications, websites, documentation, and other nonproprietary information, data, materials, and content (collectively referred to as “Third Party Materials”) that interact with the Software, including the Hardware. We do not control or assume responsibility for Third Party Materials. You acknowledge that the nature and availability of Third Party Materials may change, and software features relying on Third Party Materials may depend on API availability. We may modify the Software due to changes or unavailability of Third Party Materials. If a third party no longer provides Third Party Materials on reasonable terms, we may discontinue access to such materials without liability. Any changes to Third Party Materials do not affect your obligations under this Agreement, and you are not entitled to refunds or compensation. Third Party Materials not embedded in the Software may have separate agreements directly between you and the third party. We do not provide Third Party Materials, and any licenses, warranties, and support come from third party licensors. For Third Party Materials embedded in the Software, we grant you a limited, non-transferable license to use them solely within the Software for its intended purpose. You assume title, risk, and responsibility for all Third Party Materials, including hardware or equipment purchased from third parties. SumUp is not liable for any loss or damage to Third Party Materials during your subscription.

5. Personal Data Processing

To provide you with our services under these POS Terms, SumUp may process personal data of your employees and/or customers as a processor on your behalf as indicated in the Data Processing Agreement (“DPA”). The DPA regulates, defines and describes the scope of the processing of personal data on the basis, for the purposes and within the term of validity of provision of the specific services under these POS Terms that you choose to use. The DPA forms an integral part of, and is subject to, the provisions of these POS Terms.

6. Our liability

In addition to what is stated elsewhere in the General Terms and these POS Terms, SumUp has no obligation to prevent and bears no liability for any service failure, fraud, or loss associated with the POS Services and Associated Services.

7. Fees, late and non-payments

For use of the POS and Associated Services, you agree to pay any applicable Subscription Fees and any taxes and costs as set forth on our Website and/or in your Account settings or as otherwise agreed in writing as and when due in accordance with the General Terms and these POS Terms. By providing your credit card or any other payment information, you consent to the use of this information for payments for services, fees, purchases and any other amounts you may owe SumUp or your customers including chargebacks, refunds or loans.

In the event of late payment, SumUp reserves the right to charge a late payment fee and/ or interest up to the maximum amount permitted by law.

In the event of non-payment of the Subscription Fee, even if such non-payment occurs on a single occasion, SumUp shall be entitled to either terminate this Agreement with immediate effect or suspend the provision of services to the party, without necessitating any prior notification. This does not exempt you from paying the Subscription Fees until the end of your subscription term.

We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

8. POS Hardware

You acknowledge that the purchase of POS Hardware including, but not limited to tablets, registers, printers, consumer-facing displays, and card readers is subject to the terms and conditions specified in the applicable Purchase Terms, including but not limited to pricing, delivery, warranties, and returns. You agree to review, accept, and adhere to the terms outlined in the applicable hardware purchase terms provided by SumUp as they also form part of this Agreement.

9. Subscription period, renewal and cancellation

You can cancel your subscription at any time after the expiration of your initial subscription period. The cancellation will then take effect at the end of the month in which you have given notice of cancellation.

In case you decide to cancel the POS Services or any Associated Services before the expiry of your subscription period, you are obligated to continue to pay the Subscription Fees until the end of your subscription period, and we will not be liable for refunding the paid subscription fees or any other fees and costs, but you continue to have access to the Subscription Service through the end of your initial period.

The cancellation can be made in the settings section of your dashboard. Alternatively, the cancellation can be declared in text form by email to us.