Terms of Service

These Terms of Service (the “Terms”) govern access to and use of Total-It, an online dashboard for bars and restaurants that use the Total-It point-of-sale system, together with the website at [WEBSITE URL] (together, the “Service”). The Service is provided by [COMPANY NAME], a [LEGAL FORM] with its registered office at [REGISTERED ADDRESS], registered with the [COMPANY REGISTER] under number [COMPANY NUMBER], VAT number [VAT NUMBER] (“we”, “us” or “our”).

By creating an account, clicking to accept these Terms, or using the Service, you agree to be bound by these Terms, our Privacy Policy, our Cookie Policy and our Data Processing Agreement, which forms part of these Terms. If you do not agree, you must not use the Service.

1. Definitions

• Customer, you or your: the business (legal entity or self-employed trader) on whose behalf an account is created.
• Account: the Customer’s account on the Service, including all businesses, venues and team members linked to it.
• User: any individual given access to the Account by the Customer, including the account holder and invited team members with the role owner, admin or viewer.
• Till: a point-of-sale device running the Total-It POS software that sends data to the Service.
• Device Key: the per-venue secret key used to authenticate Tills when they send data to the Service’s ingest API.
• Customer Data: all data sent to the Service by the Customer’s Tills or entered by Users, including order lines, product names, quantities, prices, VAT rates and amounts, table identifiers, number of covers, payment method identifiers, amounts, tips, timestamps and device identifiers.
• Free Plan and Pro Plan: the subscription plans described in section 6.
• Fees: the amounts payable for the Pro Plan.

2. Business customers only

The Service is intended exclusively for businesses. It is not offered to consumers. By creating an Account you represent and warrant that:

• you are acting for purposes relating to your trade, business, craft or profession, and not as a consumer;
• the individual creating the Account is at least 18 years old and is duly authorised to accept these Terms and bind the business on whose behalf the Account is created;
• the information you provide at registration and afterwards is accurate, complete and kept up to date.

Because the Service is offered only to businesses, statutory consumer-protection rules (including the right of withdrawal for distance contracts) do not apply to the contract between you and us. If we discover that an Account has been created by a consumer, we may close it immediately.

3. Account, Users and security

• You are responsible for all activity carried out under your Account, by your Users and through your Device Keys, whether or not you authorised it, except to the extent caused by our breach of these Terms.
• You must keep passwords, login credentials and Device Keys confidential and secure, must not share them outside your organisation, and must ensure each User has their own credentials.
• You decide which Users have access and with which role. You are responsible for removing access for Users who should no longer have it (for example, staff who leave) and for revoking or rotating Device Keys if a Till is lost, stolen, sold or compromised.
• You must notify us without delay at [SUPPORT EMAIL] if you become aware of or suspect any unauthorised access to your Account or misuse of a Device Key.
• You are responsible for your Users’ compliance with these Terms. When you invite a team member, you confirm you are entitled to provide their email address to us for that purpose.

4. The Service

The Service provides management reports based on closed orders sent by your Tills, including turnover, number of orders, average ticket, tips, top products, sales by day and hour, VAT breakdown per rate, payment-method (tender) reports, multiple venues, team members with roles and CSV export, depending on your plan.

• Data from Tills. The figures shown depend entirely on the data sent by your Tills. Data may be delayed (for example where a Till is offline and synchronises later), incomplete, duplicated or incorrect if a Till is misconfigured, not connected, or sends incorrect data. We do not verify the accuracy of data received from Tills.
• No card data. Payments are processed in a semi-integrated way by your payment terminal provider. The Service does not receive, store or process card numbers or other card data, and it does not process payments for your guests.
• Changes to the Service. We continuously develop the Service. We may add, modify, replace or remove features, reports, integrations or limits at any time. Where a change materially reduces the core functionality of a paid plan you are subscribed to, we will give you reasonable prior notice and, if you object, you may cancel your subscription before the change takes effect.
• Discontinuation. We may discontinue the Service as a whole by giving at least 60 days’ notice. In that case we will refund any Fees prepaid for the period after the discontinuation date, and you will be able to export your Customer Data during the notice period.
• Maintenance. The Service may be temporarily unavailable for maintenance, updates, or reasons beyond our control. We will try to schedule planned maintenance at times of low usage where reasonably possible.
• Support. Support is provided by email at [SUPPORT EMAIL] on a reasonable-efforts basis. No service level agreement (SLA) applies unless agreed separately in writing. No SLA and no guaranteed support apply to the Free Plan.

5. Management information only — no fiscal, tax or accounting documents

The reports, figures and exports provided by the Service are management information only. In particular:

• they are not a Z-report, X-report, certified fiscal journal, registered cash system output, invoice or any other document required by fiscal, tax or bookkeeping legislation, and must not be used as such;
• they do not constitute accounting, tax, legal or financial advice;
• VAT breakdowns are calculated from the VAT rates and amounts sent by your Tills; we do not check that the rates applied are correct for your products or jurisdiction.

You remain solely responsible for your compliance with fiscal, tax, VAT, accounting and record-keeping obligations, for keeping the legally required records from your certified cash register or other compliant systems, and for verifying any figures before relying on them. We are not liable for any tax assessment, fine, penalty, surcharge or interest imposed on you, or for any decision you make based on the Service.

6. Plans, fees and payment

6.1 Free Plan

The Free Plan is provided free of charge and includes one venue, the last 7 days of history and a limited set of reports. We may change the scope of the Free Plan, or end it, at any time. The Free Plan is provided without any commitment as to availability, support or continuity.

6.2 Pro Plan

• The Pro Plan costs €15 per venue per month, excluding VAT, unless a different price is shown at the time you subscribe.
• Fees are billed monthly in advance through our payment provider Stripe. By subscribing, you authorise us and Stripe to charge your chosen payment method for each billing period.
• The subscription renews automatically for successive monthly periods until cancelled.
• If you add venues during a billing period, Fees for those venues may be charged pro rata or from the next billing period, as shown at the time of the change.

6.3 Taxes

All prices are exclusive of VAT and any other applicable taxes, duties or levies, which are payable by you in addition. Where the reverse-charge mechanism applies, you are responsible for self-accounting for VAT. You must provide a valid VAT number where applicable.

6.4 Cancellation and no refunds

You may cancel your Pro Plan at any time from your Account settings or the Stripe customer portal. Cancellation takes effect at the end of the current paid billing period; until then you keep access to the Pro Plan, after which the Account reverts to the Free Plan. Fees already paid are non-refundable, and no refund or credit is given for partial periods, unused venues or downgrades, except where mandatory law requires otherwise or where these Terms expressly provide for a refund.

6.5 Late or failed payment

If a payment fails or is not made when due, we (or Stripe) may retry the charge. If payment is still not received within 3 days after the due date, the Account is automatically downgraded to the Free Plan, and we may, without further liability, suspend access to paid features until all outstanding amounts are paid. Data beyond the Free Plan limits may then become inaccessible (but is not deleted solely because of the downgrade, except in accordance with section 13). Unpaid amounts may bear late-payment interest and compensation for recovery costs as permitted by the applicable law on late payment in commercial transactions.

6.6 Price changes

We may change our prices. We will notify you by email or in the Service at least 30 days before a price increase takes effect for your subscription. If you do not agree, you may cancel before the new price applies; continued use of the Pro Plan after that date constitutes acceptance of the new price.

6.7 Invoices

Invoices are issued electronically and made available via Stripe or by email. You agree to receive invoices electronically.

7. Acceptable use

You must use the Service only for lawful purposes and in accordance with these Terms. You must not, and must not allow anyone else to:

• copy, modify, translate, create derivative works of, decompile, disassemble or reverse engineer the Service or any part of it, except to the extent such restriction is prohibited by mandatory law;
• access the Service by automated means (scraping, crawling, bots) other than through interfaces we expressly provide, or extract data from the Service other than through its export features;
• misuse the ingest API, including sending data that does not originate from genuine transactions on your Tills, sending excessive or malformed requests, attempting to bypass rate limits, or using a Device Key for any venue or device other than the one it was issued for;
• probe, scan or test the vulnerability of the Service, or attempt to breach any security or authentication measure, without our prior written permission (responsible disclosure of a vulnerability you have discovered in good faith, reported to [LEGAL EMAIL], is welcome);
• access or attempt to access data of other customers, or interfere with or disrupt the integrity or performance of the Service;
• sell, resell, rent, lease, sublicense, white-label or otherwise make the Service available to third parties, other than to your own Users for your internal business purposes;
• upload, enter or transmit any data that is unlawful, infringing, defamatory, or that contains malware, or that you have no right to process — including special categories of personal data (such as health data) or unnecessary personal data in free-text fields such as product names;
• share credentials or Device Keys with anyone outside your organisation;
• use the Service to build a competing product or for benchmarking intended for publication without our consent;
• use the Service in breach of any applicable law, including tax and data protection law.

8. Customer Data

• Ownership. As between you and us, you own all Customer Data. We do not claim ownership of it.
• Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence, for the term of the contract and any post-termination period set out in section 13, to host, store, copy, process, transmit and display Customer Data solely to provide, secure, maintain and support the Service, to comply with law, and as otherwise instructed by you.
• Your responsibility. You are solely responsible for the accuracy, quality, legality and content of Customer Data and for having all rights, notices and legal bases required for us to process it under these Terms.
• Personal data. To the extent Customer Data contains personal data, you are the controller and we act as your processor under the Data Processing Agreement. Our processing of personal data of Users for our own purposes (account, billing, support, website) is described in our Privacy Policy.
• Backups. We take regular backups, but the Service is not a backup or archiving service. You are responsible for exporting and keeping copies of any data you need to retain, including for legal record-keeping.
• Aggregated statistics. We may create and use aggregated and anonymised statistics derived from the use of the Service (for example, overall usage volumes, feature usage or performance metrics) to operate, secure and improve the Service. Such statistics are anonymised in such a way that they do not identify you, your venues, your Users or any other individual, and they are not sold or disclosed in a form that could do so.

9. Intellectual property

• The Service, including its software, design, texts, graphics, logos, trade marks, databases and documentation, and all intellectual property rights in it, are and remain the exclusive property of [COMPANY NAME] or its licensors. No rights are transferred to you except as expressly set out in these Terms.
• Subject to your compliance with these Terms and payment of applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service during the term of your subscription, for your internal business purposes only.
• Feedback. If you or your Users send us suggestions, ideas or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and exploit it without any obligation or compensation to you.
• Data you export from the Service (such as CSV files) may be used freely by you for your own business purposes.

10. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”. We make no warranty, express or implied, that:

• the Service will be uninterrupted, timely, secure, error-free or free of harmful components;
• the figures, reports or exports will be accurate, complete or up to date;
• the Service will meet your requirements or be fit for any particular purpose;
• defects will be corrected within any particular time.

All warranties, conditions and representations not expressly set out in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and the warranty against hidden defects, are excluded to the maximum extent permitted by law. We will nevertheless provide the Service with reasonable care and skill.

11. Limitation of liability

11.1 Exclusions. To the maximum extent permitted by applicable law, we are not liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:

• indirect, incidental, special, punitive or consequential loss or damage;
• loss of profit, revenue, turnover, business, contracts, anticipated savings or goodwill;
• loss, corruption or unavailability of data, or the cost of recreating data;
• fines, penalties, tax assessments, surcharges or interest imposed by any authority, or the consequences of relying on the Service for fiscal, tax or accounting purposes;
• loss caused by Tills, third-party hardware, software, networks or payment terminals;
• loss arising from unauthorised use of your credentials or Device Keys not caused by our breach;

even if we were advised of the possibility of such loss.

11.2 Cap. To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms and the Service, for all claims combined, is limited to the total Fees actually paid by you to us for the Service in the 12 months preceding the event giving rise to the first claim. If you use only the Free Plan, or have paid no Fees in that period, our total aggregate liability is limited to €100.

11.3 Mandatory law. Nothing in these Terms excludes or limits liability for: (a) fraud or fraudulent misrepresentation; (b) wilful misconduct (intentional fault); (c) gross negligence, to the extent liability for it cannot be excluded or limited under applicable law; (d) death or personal injury caused by our negligence; or (e) any other liability that cannot be excluded or limited under applicable law. Where a limitation is not permitted to its full extent, it applies to the maximum extent permitted.

11.4 Claims period. To the extent permitted by law, any claim against us must be notified in writing within 12 months after you became aware, or should reasonably have become aware, of the facts giving rise to it.

11.5 The limitations in this section also apply to the benefit of our employees, officers, directors, agents and sub-processors, and reflect a reasonable allocation of risk taking into account the price of the Service.

12. Indemnity

You will defend, indemnify and hold harmless [COMPANY NAME], its directors, officers, employees and agents from and against any claims, proceedings, losses, damages, fines, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to:

• Customer Data, including any claim that its processing in accordance with these Terms infringes any law or third-party right;
• your or your Users’ breach of these Terms, including the acceptable use rules;
• your or your Users’ unlawful use of the Service;
• any claim by your staff, guests, Users or other third parties relating to your business, your use of the Service, or your processing of their personal data as controller;
• any use of your credentials or Device Keys.

We will notify you promptly of any such claim, allow you reasonable control of its defence (provided you do not settle any claim that imposes obligations on us without our consent) and provide reasonable cooperation at your expense.

13. Term, suspension and termination

13.1 Term

These Terms apply from the moment you create an Account or first use the Service until the Account is closed. Paid subscriptions run for successive monthly periods as described in section 6.

13.2 Termination by you

You may close your Account at any time from the Account settings or by emailing [SUPPORT EMAIL]. Section 6.4 (no refunds) applies.

13.3 Suspension and termination by us

We may suspend or restrict access to all or part of the Service, or terminate your Account, with immediate effect and without liability where:

• you materially breach these Terms (including the acceptable use rules) and, where the breach is capable of remedy, fail to remedy it within 7 days of notice;
• you fail to pay Fees when due (see section 6.5);
• your use of the Service poses a security risk to the Service, to us or to other customers, or we reasonably suspect fraud, abuse or unauthorised access;
• we are required to do so by law, by a court or by a competent authority;
• you become insolvent, enter bankruptcy, liquidation or a similar procedure, or cease business, to the extent permitted by law.

Where reasonably possible, we will give you prior notice of a suspension and lift it once the reason has been resolved. We may also terminate a Free Plan Account for any reason with 30 days’ notice, or without notice if it has been inactive for more than 12 months.

13.4 Effect of termination

• On termination, your right to use the Service ends immediately and all outstanding Fees become due.
• You have 30 days after termination to export your Customer Data using the export features, unless termination was due to a legal requirement preventing this. After that period we delete Customer Data from our live systems; copies in backups are purged within a further [BACKUP RETENTION PERIOD, e.g. 30] days.
• We retain billing and invoicing records for [LEGAL RETENTION PERIOD FOR INVOICES] or as otherwise required by law.
• Sections 5, 6 (for amounts due), 8 (aggregated statistics), 9, 10, 11, 12, 13.4, 15 and 16 survive termination.

14. Changes to these Terms

We may amend these Terms from time to time, for example to reflect changes to the Service, our business or the law. We will notify you of material changes by email or in the Service at least 30 days before they take effect. Non-material changes (such as clarifications, corrections or changes required by law) may take effect upon publication. If you do not agree with a change, you may cancel your subscription and close your Account before it takes effect. Your continued use of the Service after the effective date constitutes acceptance of the amended Terms. The date of the current version is shown at the top of this page.

15. General

• Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, riots, government action, labour disputes, failures of the internet, telecommunications or power networks, failures or outages of hosting or other third-party providers, and cyber-attacks that could not reasonably have been prevented.
• Assignment. We may assign or transfer our rights and obligations under these Terms, in whole or in part, to an affiliate or to a successor in connection with a merger, acquisition, reorganisation or sale of assets, and may subcontract performance (in accordance with the Data Processing Agreement where personal data is concerned). You may not assign or transfer your rights or obligations without our prior written consent.
• Severability. If any provision of these Terms is held invalid or unenforceable, it will be limited or replaced by a valid provision that comes closest to its original intent, and the remaining provisions remain in full force.
• Entire agreement. These Terms, together with the documents referred to in them, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, proposals and representations. Any purchase order or general terms of the Customer do not apply, even if referred to or accepted.
• Order of precedence. In case of conflict, the Data Processing Agreement prevails on matters of personal data processing; otherwise these Terms prevail.
• No waiver. A failure or delay in exercising any right is not a waiver of that right.
• Independent parties. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
• Electronic evidence. You agree that electronic records, logs and acceptance clicks kept by us may be used as evidence of your acceptance and use of the Service, to the extent permitted by law.
• Language. These Terms may be provided in several languages. In case of any inconsistency, the English version prevails.
• Notices. Legal notices to us must be sent by email to [LEGAL EMAIL]. We may send notices to you at the email address of the account owner, or through the Service. Notices by email are deemed received on the next business day after sending.

16. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes) are governed by the laws of [COUNTRY OF GOVERNING LAW], excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts of [COMPETENT COURTS] have exclusive jurisdiction, without prejudice to our right to bring proceedings before the courts of your registered office or any other competent court. Before starting proceedings, both parties will try in good faith to resolve the dispute amicably for at least 30 days.

17. Contact

[COMPANY NAME], [REGISTERED ADDRESS]. Support: [SUPPORT EMAIL]. Legal notices: [LEGAL EMAIL].