SumUp Kiosk Terms

By using SumUp’s Kiosk service as described herein below ("Kiosk Service", “SumUp Kiosk” or the “Software”), you agree to be bound by SumUp’s General Terms, these Kiosk Terms, and all other terms and policies applicable to specific Services that you may use. These Kiosk Terms are Additional Terms and, with the General Terms and the Payment Terms, are part of the legal agreement between you (“Merchant”, “your”) and SumUp Payments Limited (“SumUp”, “we”, “us”, “our”). Unless otherwise defined herein, capitalised terms have the same meaning as in the General Terms.

1. Kiosk Service

SumUp Kiosk is a self-ordering point-of-sale (POS) terminal that enables Merchant’s end customers (“Customer(s)”) to place their orders and make card payments. For the avoidance of doubt, SumUp Payment Services are separate services provided by SumUp along with the Kiosk Service.

SumUp Kiosk comprises an end-user software application owned by SumUp providing a touch screen interface that guides Customers through the various tasks that can be performed (SumUp Kiosk Application). These tasks include accessing Merchant’s digital catalogue of items presented on the screen, ordering of items, check-out and redirecting to card payments through SumUp Payment Services. An order is considered completed via SumUp Kiosk when the Customer has paid it via SumUp Payment Services. Once a Customer has placed an order, the latter will be required to collect the ordered items directly from the Merchant at the location specified in the SumUp Kiosk Application (the “Pick-up Location”). The hardware along with the Android operating system on which SumUp Kiosk is deployed (together referred to as the “Hardware”) can be purchased from our SumUp Shop. SumUp’s Terminal Purchase Terms shall apply to your purchase of the Hardware. Please see Section 6 for more details about the Hardware.

The Software may enable the Merchant to link to, or otherwise access applications, or create integrations with other services, including but not limited to point-of-sale systems and services (“Integration”).

“Dashboard” shall refer to the software operating a platform-based dashboard allowing the Merchant to remotely customise the locations of the Hardware embedding SumUp Kiosk and the items to be presented to Customers through SumUp Kiosk, manage the Integration, and monitor the orders processed through SumUp Kiosk. The Dashboard is accessible through the SumUp App and Merchant’s SumUp Account.

2. Your responsibilities

You warrant that your use of our Kiosk Services will comply with all applicable laws and regulations, including consumer and related laws. We are not liable for your non-compliance with any laws or regulations 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 Kiosk or for claims made against you.

In particular, you agree that you are solely responsible for the following in connection with your use of the Kiosk Services:

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

2. comply with all information obligations towards your customer that are required by law

3. providing your customers with an adequate return and refund policy, if required by applicable laws;

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

5. fulfilling your tax obligations related to the sale of goods and services; and

6. providing your customers with a complete and accurate description of the goods or services offered, customer service contact, customer data protection policy and all other legally required information to be provided to customers in the relevant jurisdiction.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Kiosk Services, or use or access to the Kiosk Services, without express written permission from us.

3. Rights of use

SumUp grants you for the territory where you offer your products and services via Kiosk a limited, non-exclusive, non-sublicensable, non-transferable and revocable right during the term of your subscription period to access, use and, as applicable, install and run the Software, and its accompanying documentation, as part of the Kiosk Service as made available by us in accordance with this Kiosk terms and any additional Use restrictions (including any limitations on the number of authorised users identified by your administrator and approved by us).

4. Updates

You acknowledge that the Software consists of subscription-based products and that SumUp may make changes to the Software from time to time. From time to time, SumUp may make available to you updates, bug fixes, upgrades, patches and/or new versions of the Software (collectively, “Updates”). You agree to promptly install such Updates when they become available to you. You acknowledge and agree that SumUp is permitted to install such Updates to the Software without prior notice to you. You understand and agree that Updates may include necessary functionality and/or fixes to protect the security of the Software and that your failure to promptly install such Updates may compromise your ability to use the Software and/or result in the disabling of your access to the Kiosk Service. SumUp shall have no liability to you for any loss or damage resulting from your failure to timely accept such Updates, or as a result of SumUp’s installation of such Updates. You acknowledge and agree that you are responsible for ensuring that all Updates have been installed, regardless of whether such Updates are installed by you or by SumUp.

5. Ownership

You acknowledge that the Software and all specifications, documentation, systems, information, data, documents, materials, designs, plans, works, content, devices, methods, processes, software (including application program interfaces (“APIs”)) and other technologies that are provided or made available in connection with, or that otherwise comprise or relate to, the Software and all improvements, enhancements or modifications thereto or derivative works thereof (all of the foregoing, collectively, the “SumUp Materials”), are the sole property of SumUp or our licensors. As between us and you, ownership and title to (i) the SumUp Materials; (ii) any software, applications, inventions or other technology or materials developed or delivered in connection with the Kiosk Service; and (iii) all intellectual property rights related to any of the foregoing (as well as all intellectual property rights in the Software) shall remain with us. The Software is made available to you under license for the authorized use, and are not sold to you, and you have no intellectual property rights therein, other than the limited rights expressly granted hereunder. You acknowledge that SumUp holds all right, title, and interest in and to all tangible and intangible intellectual property contained in the SumUp Materials, including all trade secrets, copyrights, and other intellectual property rights pertaining thereto. You have only the limited revocable right to use the SumUp Materials, during the term of your subscription period. All rights not expressly granted herein are reserved to SumUp. Ownership and title to your data shall remain with you.

6. Third Party Materials

The Dashboard may enable the Merchant to link to, transmit data to or otherwise access applications, websites, specifications, documentation and systems and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software (including APIs) and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided by you or a third party (and are nonproprietary to us) and that interoperate with the Software, including the Hardware on which the Software is deployed (“Third Party Materials”). Except to the extent otherwise expressly set forth in these Kiosk Terms, we do not control and are not responsible for Third Party Materials. You acknowledge that (i) the nature, type, quality and availability of Third Party Materials may change at any time and (ii) features of the Software that interoperate with Third Party Materials depend on the continuing availability of APIs for use with the Software. We may update, change or modify the Software as a result of a change in, or unavailability of, Third Party Materials, including APIs. If any third party ceases to make its Third Party Materials, including APIs, available on reasonable terms for the System, as determined by us in our sole discretion, we may cease providing access to the affected Third Party Materials without any liability to you. Any changes to Third Party Materials, including APIs (including their availability or unavailability), does not affect your obligations under this Agreement, and you will not be entitled to any refund, credit or other compensation due to any such changes (except as otherwise expressly agreed by the parties in writing). In addition, any Third Party Materials not embedded in the Software may be subject to separate license agreements or terms directly between you and the third party licensor. You agree to, and will take all actions necessary or required by such third party licensor in connection with, any such third party agreements or terms. Except as expressly stated otherwise in these Kiosk Terms, (i) we are not responsible for providing any Third Party Materials to you and (ii) licenses, warranties and support for Third Party Materials, if any, will be given by the relevant third party licensors in their license agreements, and not by us. For Third Party Materials embedded in the Software, if any, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable sublicense to use such Third Party Materials, solely as embedded in the Software, solely to the extent necessary and for the purpose to properly use the Software in accordance with these Kiosk Terms.

You agree that the title, risk and responsibility for all Third Party Materials, including hardware or equipment necessary to run the Kiosk Service, purchased by you from third parties shall belong to you. It is further clarified that SumUp shall not be liable for any loss or damage that occurs to any of the Third Party Materials, including hardware or equipment during the terms of your subscription.