Terms of Service

Last updated: November 3, 2022

Introduction

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using or accessing any online platform, mobile application, or digital service (collectively, the "Service") operated and provided by KioskBuddy, LLC (“KioskBuddy”, "us", "we", or "our").

These Terms of Service constitute a legally binding contract between us on the one hand, and you, including any organization or business you may represent, on the other hand. Unless the context otherwise requires, all further reference to you (and your, etc.) means both you as an individual and the organization and/or business on whose behalf you are acting.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. Without limiting the foregoing, you confirm that you have the requisite authority, power and right to fully bind any organization or business that you represent and may use the Service.

If you, including the organization or business you represent, do not agree to all of these terms (or if you do not have the right to bind your organization or business to the Terms of Service), then you are not permitted to access or use the Service.

You may not transfer or assign any or all of your rights or obligations under these Terms of Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.

Subscriptions & Access

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or KioskBuddy cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the KioskBuddy customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide KioskBuddy with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize KioskBuddy to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, KioskBuddy will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

You acknowledge that the Service may only be downloaded, accessed and used on a device exclusively owned or controlled by you and running the relevant operating system for which the Service was designed, so you must ensure you have a compatible device which meets all the necessary technical specifications to enable you to download, access and use the Service. You have obtained permission from the owner of any device that is controlled, but not owned, by you to download or access the Service on that device. You accept responsibility, in accordance with these Terms of Service for all access to, and use of, the Service on any device, whether or not it is owned by you.

You acknowledge that the mobile service provider for the device on which you download, access or use the Service may charge for internet access on the device.

Free Trial

KioskBuddy may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by KioskBuddy until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, KioskBuddy reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

KioskBuddy, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

KioskBuddy will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by KioskBuddy on a case-by-case basis and granted in sole discretion of KioskBuddy.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Ownership & License

The Service is licensed and not sold or assigned. We reserve all rights not expressly granted to you under these Terms of Service. The Service is protected by patent, copyright, trademark, trade secret and other intellectual property laws. We or our licensors own the title, copyright and other worldwide intellectual property rights in the Service, all copies of the Service and any content of the Service (including text, graphics, software, photographs and other images, videos, sounds, trademarks and logos).

These Terms of Service do not grant you any rights to our trademarks or service marks, owned by us or our licensors. You acknowledge that you do not acquire any ownership rights by downloading or using any part of the Service. The Service may contain code, commonly referred to as “open-source software”, which is distributed under any of the many known variations of open-source license terms, including terms which allow the free distribution and modification of the relevant software's source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, "Open-Source Software"). Please note that, to the extent that the Service contains any Open-Source Software, that element only is licensed to you under the relevant license terms of the applicable third-party licensor ("Open-Source License Terms") and not under this License Agreement, and you accept and agree to be bound by such Open-Source License Terms.

Assuming you agree to our Terms and Privacy Policy, we grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to install and/or use the Service on compatible devices exclusively owned or controlled by you and as permitted by the terms of use set forth in any app store from which you downloaded and/or accessed any portion of the Service.

Use Of Name And Logo

You grant us the right to use any feedback or testimonial along with your name and company logo on KioskBuddy's public facing marketing pages.

If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), you acknowledge and accept that we are free to use such Feedback, and you hereby assign to us, on behalf of yourself, your employees, contractors and/or agents, all right, title, and interest in, and accept that we are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. Without limiting the foregoing statement, you accept and acknowledge that all derivative works, concepts, ideas, applications, or software based on or emerging from the Service are our exclusive intellectual property.

Third-Party Websites, Platforms, Hardware, And Software

Our Service may contain links to third-party web sites or services that are not owned or controlled by KioskBuddy.

KioskBuddy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that KioskBuddy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Additionally, certain third-party platform, hardware or software providers with whose products and/or services our Service may be used may require you to comply with additional terms and conditions. You hereby agree to comply with all applicable terms of service, rules and policies applicable to any third-party application store from which you download or access the Service and any other product or service you use in connection with the Service. We are not responsible for any third-party platform, hardware, or software and do not guarantee that they will be continuously available.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply cancel your Subscription through your online account management page or by contacting the KioskBuddy customer support team.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Prohibited Use Cases

Using Reader SDK to implement payment solutions in unattended terminals or unattended kiosks is strictly prohibited. For example, an outdoor vending machine is unattended because it can be accessed by users outside of normal business hours and may not be in the line of sight of a merchant or worker.

Reader SDK can only be used to implement payment solutions in attended terminals or attended kiosks. A terminal or kiosk is considered attended if all of the following conditions are met: It cannot be physically accessed by buyers outside of the merchant’s normal business hours. It is in the line of sight of the merchant or one or more of the merchant’s workers. The onsite merchant and their workers are trained to use the payment solution and available to assist and support customers with completing transactions.

Reference: https://developer.squareup.com/docs/reader-sdk/what-it-does#requirements-and-limitations

Additionally, you promise that you will only use the Service for the internal business purposes of your organization or business, and only in accordance with these Terms, our Privacy Policy, and in accordance with any applicable terms of any relevant third-party service provider for the device on which you download, access, or use any part of the Service. You may only use the Service for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner. You may not, nor may you permit any third-party to do any of the following: (a) copy, store, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way any part of the Service or material or information from the Service; (b) decompile, disassemble or otherwise reverse engineer the Service; (c) remove or change any content of the Service or attempt to circumvent security or interfere with the proper working of the Service; (d) use the Service in a manner that might damage our name or reputation or the name or reputation of any of our affiliates or (e) otherwise use the Service except as expressly allowed under these Terms and our Privacy Policy.

Indemnification

You agree to defend, indemnify and hold harmless KioskBuddy and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall KioskBuddy, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

KioskBuddy, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@kioskbuddy.app.