Zaika POS – Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of Zaika’s restaurant point-of-sale (“POS”) software, hardware, and related services (collectively, the “Services”). You are agreeing to be bound by these Terms by accessing or using the Services.

1. Use of Services

Zaika grants you a limited, non-exclusive, non-transferable, and revocable license to use its POS system strictly for your internal business operations. You agree to use our Services only for lawful purposes and in compliance with all applicable laws, including tax, labor, and food safety regulations. You have the sole responsibility to ensure your business operations are in compliance with local regulatory requirements that include invoicing, billing accuracy, and statutory reporting obligations. 

2. Account Responsibility License

You have the responsibility to maintain the confidentiality of your account credentials and for all activities conducted under your account. Any actions your employees or representatives perform through the POS system will be deemed authorized. You agree to implement appropriate internal controls and notify Zaika immediately of any unauthorized access, misuse, or suspected breach. 

3. Subscription and payments

To have access to Zaika’s Services, you might require an active subscription. We bill the fees on a recurring basis (monthly or annually). These are exclusive of applicable taxes. Zaika makes it clear that all payments are non-refundable unless explicitly stated. We reserve the right to modify pricing with reasonable prior notice. Late or missed payments will result in service interruptions, restricted access, or suspension until all dues are paid in full. 

4. Hardware and Third-Party Integrations

Zaika could provide compatible hardware or enable integrations with third-party providers, including payment gateways, accounting tools, and delivery platforms. However, we cannot guarantee the performance, uptime, or reliability of such third-party services. So, Zaika will not be held liable for disruptions, incorrect data synchronization, or transaction failures caused by them. 

5. Data Ownership

You retain full ownership of all data entered into the system, including transactional and customer data. When you use the Services, you grant Zaika a limited, worldwide, royalty-free license to process, store, and analyze such data for service delivery, troubleshooting, analytics, and product enhancement purposes. 

6. Service Availability

Zaika’s aim is to maintain high availability, but the Services are provided on an “as-is” and “as-available” basis. Due to scheduled maintenance, software updates, connectivity issues, or unforeseen technical failures, there could be temporary downtime. Offline functionality, where available, could result in delayed data synchronization. 

7. Acceptable Use

You agree not to misuse the Services, including copying, modifying, reverse-engineering, reselling, sublicensing, or exploiting the platform. Any unauthorized use or violation of intellectual property rights could result in immediate termination and legal action. 

8.  Termination

Either party could terminate the agreement in accordance with subscription terms. Zaika could suspend or terminate access for violations, misuse, or non-payment. Upon termination, access will cease, and data will be retained or deleted in accordance with the Privacy Policy and applicable laws. 

9. Limitation of Liability

To the maximum extent as permitted by law, Zaika shall not be liable for indirect, incidental, or consequential damages. These include loss of profits, business interruption, or data loss. Total liability shall not exceed the fees you have paid in the preceding 12 months. 

10.  Indemnification

You agree to indemnify and hold Zaika harmless from any claims, damages, or liabilities arising from the misuse of the Services, violations of applicable laws, inaccurate transactions, or disputes with your customers, employees, or partners. 

11.  Compliance Disclaimer

Zaika provides technology solutions only and assumes no responsibility for your compliance with tax laws, licensing requirements, or food safety regulations. You are solely accountable for regulatory compliance. 

12.  Governing Law

These Terms shall be governed by the applicable laws of the jurisdiction in which Zaika operates, without regard to conflict-of-law principles. 

13.  Changes to Terms

Zaika reserves the right to update or modify these Terms at any time. Continuing to use the Services after changes constitutes acceptance of the revised Terms.