Terms of Service

These Terms of Service (“Terms”) govern your use of the Epos Plus website at https://www.eposplus.com.au (the “Website”) and the DigiPOS hospitality platform provided under the Epos Plus brand (the “Service”). The Website and the Service are operated by AceUps (ABN 96 403 880 523) (“AceUps”, “we”, “us” or “our”).

By using the Website, creating an account, starting a free trial or subscribing to a plan, you agree to these Terms. If you do so on behalf of a business, you confirm that you are authorised to bind that business, and “you” means that business. These Terms, together with our Privacy Policy, are the agreement between you and AceUps for the Service, unless you have a separate written agreement with AceUps (for example, for an Enterprise plan), in which case that agreement prevails to the extent of any inconsistency.

1. Who we are

AceUps operates the Epos Plus service and provides DigiPOS. You can contact us about these Terms at hello@eposplus.com.au.

2. The Website and the Service

The Website provides general information about Epos Plus and DigiPOS and lets you contact us or book a demonstration. We try to keep the information on the Website accurate and current, but it is general in nature and may change without notice.

The Service is a subscription software platform for hospitality venues covering point of sale, kitchen display, self-order kiosk, customer display, online ordering and administration tools. It is accessed at app.digipos.com.au and on compatible devices in your venue. The features, device limits and support level available to you depend on your plan, as described on the Website and in the Service at the time you subscribe.

3. Eligibility and your account

• The Service is intended for business use by hospitality operators. You must be at least 18 years old and able to enter into a binding agreement.
• You must provide accurate and complete information when you create an account and keep it up to date.
• You are responsible for keeping your login credentials confidential and for all activity that occurs under your account, including activity by staff users you add. Tell us promptly at hello@eposplus.com.au if you become aware of any unauthorised use of your account.
• You are responsible for the devices, internet connection and hardware you use with the Service.

4. Plans and pricing

The Service is offered on the following plans. All prices are in Australian dollars.

• Starter — A$79/month, 14-day free trial.
• Growth — A$179/month, 14-day free trial.
• Enterprise — custom pricing for multi-location groups and custom rollouts. Contact us for a quote.

Starter and Growth are billed monthly. We do not offer annual plans. Any onboarding, hardware, custom integration or other services outside a standard plan are provided only as quoted and agreed with you in writing.

5. Free trial

• Starter and Growth include a 14-day free trial that starts when you sign up.
• A valid payment method is captured at signup so that your subscription can continue without interruption when the trial ends.
• Nothing is charged during the trial.
• The first charge for your plan occurs when the trial ends, unless you cancel before the end of the trial through the billing settings in the Service. If you cancel during the trial, your access ends when the trial ends and you are not charged.

6. Billing and renewal

• Subscriptions renew automatically each month. By subscribing you authorise us, through our payment processor Stripe, to charge your payment method the plan fee at the start of each monthly billing period until you cancel.
• You must keep a valid payment method on file. You can update your payment method and view your invoices and receipts at any time through the billing portal in the Service.
• If a payment fails, we will notify you and may restrict access to paid features or suspend your account until the outstanding amount is paid. We will not interrupt a venue’s running point-of-sale, kitchen display, kiosk or customer-display devices without first giving you notice and a reasonable opportunity to resolve the payment.
• Enterprise plans are billed as set out in your written agreement or quote.

7. Cancellation and plan changes

• You can cancel your subscription at any time through the billing settings in the Service. Cancellation takes effect at the end of your current billing period. You keep access to your plan until then, and no further charges are made after that date.
• Fees already paid for the current billing period are not refunded when you cancel, except where a refund is required by law or we agree otherwise in writing.
• You can move between Starter and Growth through the billing settings in the Service. A downgrade takes effect at the end of your current billing period. Where an upgrade takes effect immediately, any adjustment for the remainder of the current period is shown to you in the billing portal before you confirm the change.
• Moving to or from an Enterprise plan is arranged with us directly.

8. Acceptable use

You must not, and must not allow anyone else to:

• use the Website or the Service for any unlawful purpose or in breach of any applicable law, including privacy, consumer and payments law;
• attempt to gain unauthorised access to the Service, other users’ accounts or data, or the systems or networks connected to the Service;
• interfere with or disrupt the Service, including by introducing malware, overloading the Service or circumventing security or usage limits;
• copy, modify, decompile, reverse engineer or create derivative works of the Service, except to the extent that applicable law expressly permits this despite this restriction;
• resell, sublicense or make the Service available to third parties other than your own staff and your venue’s customers as intended by the Service;
• use the Service to send spam or unsolicited communications, or to store or transmit content that is defamatory, infringing, offensive or otherwise objectionable; or
• use the Service to harm, harass or defraud any person.

9. Your data

• You own the business information and content you enter into the Service, and the information about your customers that the Service processes on your behalf (“Your Data”).
• You grant us a licence to host, store, process, transmit and display Your Data as needed to provide, support and improve the Service and to comply with law.
• You are responsible for Your Data, including for having the rights and any consents needed to use it in the Service and for complying with privacy law in relation to your own customers and staff.
• We handle personal information in accordance with our Privacy Policy.
• We take reasonable steps to back up Service data, but you should keep your own copies of any records you need for legal, tax or accounting purposes.

10. Availability and support

We aim to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted, error-free or available at any particular time. The Service may be unavailable during maintenance, because of events outside our reasonable control, or because of problems with your internet connection, devices or third-party services. Where planned maintenance is likely to affect you, we will try to give you reasonable notice.

Support is available through the Support page and by email. The level of support included depends on your plan.

11. Intellectual property

• AceUps and its licensors own all intellectual property rights in the Website and the Service, including software, designs, text, images, video and trade marks such as “Epos Plus” and “DigiPOS”.
• While your subscription is active, we grant you a non-exclusive, non-transferable licence to use the Service for your business in accordance with these Terms. No other rights are granted.
• You may not reproduce or reuse content from the Website without our written permission, other than for your own evaluation of the Service.
• Your own trade marks, branding and content remain yours. If you give us feedback or suggestions about the Service, we may use them without obligation to you.

12. Third-party services and integrations

The Service relies on and can connect to third-party services, including Stripe for payment processing and subscription billing, and payment terminals, EFTPOS providers and other integrations that you choose to enable. Your use of a third-party service is subject to that provider’s own terms and privacy policy, and any payment you accept through a third-party processor is subject to that processor’s fees and terms. We are not responsible for third-party services, and their availability or features may change independently of the Service.

13. Australian Consumer Law

14. Liability

• We will provide the Service with due care and skill. Subject to clause 13, the Service is otherwise provided on an “as is” basis and we make no other express warranties about it.
• Where a guarantee under the Australian Consumer Law applies to the Service and it is fair and reasonable for us to do so, our liability for failing to comply with that guarantee is limited, at our option, to supplying the Service again or paying the cost of having it supplied again.
• Subject to clause 13, neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, business or goodwill, arising out of or in connection with these Terms, however caused.
• Subject to clause 13, our total liability to you arising out of or in connection with these Terms in any 12-month period is limited to the total fees you paid to us for the Service in the 12 months before the event giving rise to the claim.
• These limits do not apply to liability that cannot lawfully be limited, or to either party’s liability for fraud or wilful misconduct.
• You are responsible for loss we reasonably suffer that is caused by your breach of these Terms or your unlawful use of the Service.

15. Suspension and termination

• You may end your subscription at any time by cancelling as described in clause 7.
• We may suspend or terminate your access to the Service if you materially breach these Terms and, where the breach can be remedied, do not remedy it within a reasonable time after we notify you. We may act immediately where reasonably necessary to protect the security or integrity of the Service, to prevent unlawful use, or where a payment remains outstanding after notice.
• When your subscription ends, your right to use the Service ends. We handle Your Data after termination in accordance with our Privacy Policy. If you need help retrieving Your Data, contact us before your subscription ends.

16. Changes to the Service and these Terms

• We continually improve the Service and may add, change or retire features. We will not materially reduce the core functionality of a paid plan during your current billing period without notifying you.
• We may change these Terms or our prices. If a change is material to you as a paying customer, we will give you at least 30 days’ notice by email or through the Service before it takes effect. If you do not agree to the change, you may cancel your subscription before the change takes effect. Continuing to use the Service after the change takes effect means you accept it.

17. General

• These Terms, the Privacy Policy and any written Enterprise agreement or quote make up the entire agreement between you and us about the Service.
• If any part of these Terms is invalid or unenforceable, the rest continues in effect.
• A failure to enforce a right under these Terms is not a waiver of that right.
• You may not assign these Terms without our written consent. We may assign them to a successor of our business on notice to you.
• Notices to you may be sent to the email address on your account. Notices to us should be sent to hello@eposplus.com.au.

18. Governing law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them.

19. Contact

AceUps (ABN 96 403 880 523)
hello@eposplus.com.au