In these Terms, "YUMAPOS Software" means YUMAPOS's point of sale software, customer mobile applications integrated with point of sale, online back office management software and other related to YUMAPOS Software applications, tools and services, and any features, technologies or functionality provided by YUMAPOS together with YUMAPOS Software.
If you do not agree to any of these Terms, then you should not use the YUMAPOS Software. All rights not expressly granted to Users in these Terms are reserved by YUMAPOS.
We may change these Terms from time to time, and will endeavor to notify you of such changes via email or by displaying a message when you next use the YUMAPOS Software. If you continue to use the YUMAPOS Software, your use will be governed by the updated Terms.
From time to time, we may add, make changes to or remove altogether features or functionality of the YUMAPOS Software. If you're using an App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the YUMAPOS Software at any time, and nothing in these Terms is to be taken as a guarantee that the Apps or any YUMAPOS Software will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the YUMAPOS Software, or the Apps or any version of them.
You must be 18 years or older in order to access and use the YUMAPOS Software. You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete.
We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the YUMAPOS Software.
The goal of YUMAPOS Software is to enhance sales and purchasing activity of end customers together with real merchants by motivating everyone to pay completely cashless transactions. Only authorized payment processors can be used when User use YUMAPOS Software. And If User account doesn’t have any card/mobile transaction activity we can cancel or suspend such account.
We can cancel or suspend account in case it doesn’t sell anything and doesn’t service customers within 30 days.
We also can cancel or suspend account in case of multiple clients complains, bad service providing to end customers or rejecting to work out incoming online orders.
The account cancellation or suspending will also mean removing your mobile apps from Google Play and Apple Store.
You are entitled to cancel your account with YUMAPOS at any time. You may cancel your account by sending us cancelation request to email@example.com with correct information about your account URL and your contact details. YUMAPOS will cancel account within 15 days upon receiving request.
If your account is cancelled: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems immediately (d) mobile applications published under your business name will be withdrawn from the Apple Store and Google Play. Your content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
The YUMAPOS Software is provided for free and on an "as is" and "as available" basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the YUMAPOS Software.
We do not warrant that: (a) the YUMAPOS Software will meet your specific requirements; (b) the YUMAPOS Software will be uninterrupted, timely, secure, or error-free; (c) the YUMAPOS Software will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the YUMAPOS Software will meet your expectations; or (e) any errors in the YUMAPOS Software will be corrected.
You acknowledge that YUMAPOS may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the YUMAPOS Software. The acts and omissions of those third party suppliers may be outside of YUMAPOS's control, and YUMAPOS does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
On behalf of itself and such third party suppliers, YUMAPOS excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.
To the maximum extent permitted by law, YUMAPOS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if YUMAPOS has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service (in whole or in part) or any technical malfunctions; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to, or alteration of, your communications or data; (d) statements or conduct of any third party regarding the YUMAPOS Software; or (e) any other matter relating to the YUMAPOS Software.
In any case, YUMAPOS's maximum aggregate liability under or in connection with these Terms.
You are responsible for all activity that results from use of the YUMAPOS Software through your account. You are responsible for maintaining the security of your account and password. YUMAPOS will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.
You indemnify YUMAPOS against all forms of liability, actions, proceedings, demands, costs, charges and expenses which YUMAPOS may incur or suffer as a result of use of the YUMAPOS Software through your account or as a result of your failure to comply with these Terms.
You must not: (a) use the YUMAPOS Software in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the YUMAPOS Software; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the YUMAPOS Software; (d) use the YUMAPOS Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the YUMAPOS Software or our systems or attempt to decipher any transmissions to or from the servers running any YUMAPOS Software; (f) disclose or distribute information relating to another User of the YUMAPOS Software to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so; or (g) access or register User logins via bots or other automated methods.
You agree to use the YUMAPOS Software in a reasonable way (including, to avoid doubt, if you have subscribed for an 'unlimited' account). If we determine that your use of the YUMAPOS Software is not reasonable or that your use is causing degraded performance of the YUMAPOS Software for you or for other Users, we may impose limits on your use of the YUMAPOS Software. Where possible, we will endeavor to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.
You agree to use the YUMAPOS Software to sell and receive payment just together with authorized payment processing company (full list of authorized partners is placed on our web site www.yumapos.com) and use mobile application to receive and get paid for orders from customers.
You agree to keep banner in each Store with QR codes and links information of your customer mobile application provided by YUMAPOS so that customers can easily download your application from Apple store and Google Play. Furthermore, on the same banner you agree to keep link YUMAPOS logo and link to to www.yumapos.com web site. If YUMAPOS authorized representatives won’t see such banner YUMAPOS Software service provided to your store can be suspended for a few days or even terminated.
As part of YUMAPOS Software you will be provided with your logo unique mobile app version with separate versions for iOS and Android which will be published in Google Play and Apple Store. You are responsible for keeping your stores data, selling items with correct information, photos and attractive for customer’s manner.
YUMAPOS will provide mobile app versions with no cost within 30 days after successful completion of first 500 orders by User account without relation to amount of stores this account has.
Limits on your use of the YUMAPOS Software may include (but are not limited to) the quantities and volumes of the following parameters, per retailer: (a) storage required to host and backup retailer data; (b) sales transactions per calendar month; (c) API (application programming interface) calls per five (5) minute period; (d) page views per five (5) minute period; (e) bandwidth usage per twenty four (24) hour period; (f) support tickets opened per calendar month; or (g) outlets, registers, users, products and customers.
You agree that YUMAPOS owns all of the intellectual property rights existing in the YUMAPOS Software. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use YUMAPOS's brand, branding or logos except with YUMAPOS's prior written consent.
You grant YUMAPOS a royalty-free, irrevocable, perpetual license to use (including for commercial purposes) information and/or data collected by YUMAPOS through your use of the YUMAPOS Software, provided that we aggregate or anonymize that information or data before using it. Other than this right, YUMAPOS claims no intellectual property rights in relation to the information or content you input into the YUMAPOS Software.
You may provide us with comments, feedback or suggestions on YUMAPOS Software, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.
If we don't insist that you perform any of your obligations under these Terms, or if we do not immediately enforce our rights against you, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
Each clause in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
You are not permitted to assign, sub-licence, novate or transfer these Terms or any of the rights licensed under them.