SumUp Kiosk Terms

By using SumUp Inc.’s Kiosk service as described herein below ("Kiosk Service", “SumUp Kiosk''), you agree to be bound by SumUp’s General Terms, these Kiosk Terms, and all other terms, including but not limited to the Order Form and Merchant Subscription Contract you entered into with SumUp and policies applicable to specific SumUp services that you may use (collectively, the “Agreement”). You acknowledge that the Agreement is a binding contract between you and SumUp. 

These Kiosk Terms are part of SumUp’s “Websites”, as that term is used in your Merchant Subscription Contract, and, with the General Terms, your Order Form and your Merchant Subscription Contract, are part of the legal Agreement (as defined in your Merchant Subscription Contract) between you (“Merchant”, “you”, “your”) and SumUp, Inc. (“SumUp”, “we”, “us”, “our”). Unless otherwise defined herein, capitalized terms have the same meaning as in the Merchant Subscription Contract.

1. Kiosk Service

SumUp Kiosk is a self-ordering point-of-sale (POS) terminal that enables your end customers (“Customer(s)”) to place their orders and make card payments. For the avoidance of doubt, SumUp’s 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 (“Software”). These tasks include accessing Merchant’s digital catalog of items presented on the screen, ordering of items, check-out and redirecting to card payments through SumUp’s payment services, the terms and conditions of which . An order is considered completed via SumUp Kiosk when the Customer has paid it via SumUp’s payment services. Once a Customer has placed an order, the Customer will be required to collect the ordered items directly from the Merchant at the location specified (the “Pick-up Location”). 

SumUp’s Purchase apply to your purchase of SumUp Kiosk hardware (the “Hardware”). The Hardware will be provided to you via ground shipping, and you assume all risk upon shipment, with the exception of any gross negligence or intentional misconduct by SumUp. Subject to the immediately subsequent sentence, upon purchase of the Hardware, title to the Hardware shall vest with you. SumUp agrees to transfer title and ownership to the Hardware to you, except any warranties will be held by SumUp for a period of one (1) year, at which point any remaining warranty shall automatically transfer to you. 

SumUp warrants that the Hardware shall be free from defects for a period of one (1) year. This warranty does not apply to any misuse of the Hardware, as determined by SumUp. In the event you experience a perceived or actual defect with the Hardware, you must contact SumUp at [email protected].

The Software may enable you 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”).

“Kiosk Dashboard” shall refer to the software operating a platform-based dashboard allowing you to remotely customize the Hardware’s locations 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 Customers 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, a customer service contact, a legally-compliant 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 location where you offer your products and services via SumUp 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. 

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. 

All Hardware purchased from SumUp will vest with you in accordance with the terms of your Merchant Subscription Agreement. SumUp will not be responsible for any refunds or returns for any Hardware purchased. SumUp may, in its discretion, replace any defective Hardware for a period of one (1) year from the date of purchase. Any such replacement will not include replacement of Hardware that is stolen, or where there is damage or a defect caused by you, your employees, or your customers.

6. Third Party Materials

The Kiosk 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 physical kiosk device 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 the Agreement (including these SumUp Kiosk Terms and Conditions), 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.

7. Fees

The use of the Kiosk Service will be offered on a subscription basis. You may subscribe for a monthly or yearly subscription plan (“Subscription Plan”), and you will pay us a monthly subscription fee (“Subscription Fee”).  

When you become a Kiosk Service user, you will pay us the Subscription Fee, as specified in your Order Form.  Furthermore, as SumUp Kiosk is part of the broader SumUp ecosystem, you will continue to use other Services through your SumUp Account as part of the Fees, as specified in your Agreement with SumUp.

If the monthly Subscription Fee can not be debited in time from the credit card or the bank account, e.g. because of insufficient account coverage, your access to SumUp Kiosk will be immediately blocked. Upon receipt of payment, access to SumUp Kiosk will be released.

8. Restrictions

You must comply with all restrictions imposed by our General Terms, your Order FOrm and Merchant Subscription Contract, as well as these Kiosk Terms in relation to your use of the Kiosk Service. You further agree not to use the Kiosk Service for goods, services or business activities that are (a) illegal or potentially illegal (including counterfeited, stolen, or fraudulent ones), or (b) are not compliant with all applicable laws or regulations (including, without limitation consumer protection laws, product safety laws, intellectual property laws, and trade regulations and export controls).

SumUp may at its sole discretion decide whether your use of the Kiosk Service violates any restrictions imposed under the Agreement. We retain the right to suspend or terminate your Account and/or your access to the Kiosk Service if we determine, or reasonably suspect, that a violation has occurred.

9. Our liability

You acknowledge and agree that Software can not always be entirely free from bugs.

In addition to what is stated elsewhere in the Agreement, SumUp has no obligation to prevent and bears no liability for any service failure, fraud or loss associated with the Kiosk Service. SumUp makes no warranties, express or implied, with respect to the Kiosk Service and disclaims any warranty to the fullest extent possible, specifically regarding the reliability, availability and timeliness of the Kiosk Service.

You release SumUp (and its affiliates, officers, directors, employees and agents) from any and all claims connected with any disputes with customers related to the purchases through the Kiosk, or your non-compliance with any applicable regulatory requirements including any information obligations you might have towards your customer and which you might have not fulfilled (e.g. Allergen information).

10. Cancellation or Termination

In addition to what is stated elsewhere in the Agreement, we may terminate these Kiosk Terms without prior notice to you if we determine that (a) your use of the Kiosk Service or the products and/or services you offer for sale constitutes an activity listed as a Restricted Business; (b) your activities or actions are damaging or may damage our image or reputation or the image or reputation of a network or SumUp partner or affiliate; (c) you breach any term or condition of these Kiosk Terms or otherwise in the Agreement; (d) we have reason to believe that you are in breach of any law or regulation that applies to your use of our Services, including suspected or actual engagement in fraudulent activity, money laundering, terrorist financing or any other criminal activity; (e) you pose an unacceptable credit or fraud risk to us; (f) we are required to do so by regulatory or law enforcement authorities; or (g) we have reason to believe that your SumUp Account has been compromised or otherwise poses a security risk. 

11. Miscellaneous

SumUp retains the right to update and modify these Terms and Conditions at any time, and if you continue to use the SumUp Kiosk after thirty days you will be deemed to have accepted any changes, except for changes that, by their express nature, in our sole discretion, are implemented immediately.