Terms of Service

1. Acceptance of these terms

These Terms of Service ("Terms") govern your access to and use of the GridPos website at gridpos.au, the GridPos point-of-sale system, admin portal, employee and customer apps, Grid Assist AI services and any related software or services (together, the "Services"), provided by GridPos ("GridPos", "we", "us" or "our").

By creating an account, starting a free trial, booking a demo or otherwise using the Services, you agree to these Terms. If you use the Services on behalf of a business, you confirm that you have authority to bind that business, and "you" refers to that business. If you do not agree, do not use the Services.

2. Our services

GridPos is a hospitality management platform for venues such as cafés, restaurants, bars and quick-service outlets. Depending on your plan, the Services may include:

• point-of-sale, menu management and online ordering;
• employee scheduling, time tracking and staff apps;
• inventory, store management, reporting and marketing tools; and
• Grid Assist, an AI voice agent that can answer calls and take orders for your venue.

We may add, change or remove features from time to time. If we remove a feature that is material to a paid plan you are subscribed to, we will give you reasonable notice.

3. Accounts and eligibility

You must be at least 18 years old and operating a business to open a GridPos account. You agree to:

• provide accurate and current information and keep it up to date;
• keep your login details and staff PINs secure and not share them outside your business;
• make sure everyone you give access to (including your staff) follows these Terms; and
• tell us promptly at info@gridpos.au if you suspect unauthorised access to your account.

You are responsible for all activity that occurs under your account.

4. Free trials, plans and billing

Free trials

We may offer a free trial of some Services. At the end of the trial, your access may be limited or ended unless you choose a paid plan. We may change or end a trial offer at any time.

Fees

Paid plans are billed in advance on a recurring basis (for example monthly or annually) at the prices shown on our pricing page or in your order. Usage-based services, such as Grid Assist call minutes or SMS, may be charged separately as described in your plan. Prices are in Australian dollars and include GST unless stated otherwise.

Renewal and cancellation

Subscriptions renew automatically until cancelled. You can cancel at any time from your account or by contacting us, and cancellation takes effect at the end of the current billing period. Except where required by law (including the Australian Consumer Law), fees already paid are non-refundable.

Late payment and price changes

If a payment fails, we may suspend the Services after giving you notice and a reasonable opportunity to pay. We may change our prices by giving you at least 30 days' notice; the new price applies from your next billing period.

5. Payment processing

Card and other payments you accept from your customers through GridPos are processed by third-party payment providers. Your use of those payment services is also subject to the provider's own terms, and you may need to accept them before taking payments. GridPos is not a bank or payment provider and does not hold your customers' funds. You are responsible for your own refunds, chargebacks, surcharging and pricing to your customers.

6. Acceptable use

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

• use the Services for anything unlawful, fraudulent or misleading;
• send spam or marketing messages without the consent required under the Spam Act 2003 (Cth) or other applicable law;
• upload malicious code, or attempt to probe, disrupt or gain unauthorised access to the Services or other customers' data;
• copy, resell, sublicense, reverse engineer or build a competing product from the Services, except where the law permits it; or
• use the Services in a way that infringes anyone's rights or places an unreasonable load on our systems.

7. Your data and privacy

You own the data you and your staff and customers enter into the Services, such as menus, sales, rosters and customer details ("Your Data"). You give us a licence to host, process and use Your Data to provide, secure and improve the Services, and as otherwise described in our Privacy Policy.

Where Your Data includes personal information about your staff or customers, you are responsible for having a lawful basis to collect it and for giving any notices required under the Privacy Act 1988 (Cth). We handle personal information in line with our Privacy Policy and use reasonable security measures to protect it.

We may use aggregated, de-identified data that does not identify you, your venue or any individual to operate, analyse and improve our products.

8. Grid Assist and AI features

Some Services, including Grid Assist, use artificial intelligence to answer calls, take orders, respond to reviews or generate content. AI output can be inaccurate or incomplete, so you should review important information such as orders, prices, allergen details and bookings.

You are responsible for the menu, pricing, business information and instructions you give the AI, and for how you use its output with your customers.

9. Third-party services

The Services may connect to third-party products such as payment providers, delivery platforms, accounting software, telephony and mapping services. Those products are governed by their own terms, and we are not responsible for them. If a third party changes or stops providing an integration, we may need to change or remove the related feature.

10. Intellectual property

We (and our licensors) own all rights in the Services, including the software, designs, trade marks and content we provide. We grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes during your subscription.

If you send us feedback or suggestions, we may use them without any obligation to you.

11. Availability and support

We aim to keep the Services available and reliable, but we do not guarantee that they will be uninterrupted or error-free. Planned maintenance, internet or power outages, third-party failures and events outside our reasonable control can affect availability. Where possible, we will give notice of planned maintenance.

Support is available through the channels listed on our website. Response times may depend on your plan.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other legislation that cannot lawfully be excluded or limited ("Non-Excludable Rights").

Where the law allows us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

13. Disclaimers and limitation of liability

Subject to your Non-Excludable Rights, the Services are provided "as is" and we exclude all warranties that are not expressly stated in these Terms.

To the maximum extent permitted by law:

• we are not liable for any indirect or consequential loss, or for loss of profits, revenue, data or goodwill, however it arises; and
• our total liability for all claims arising out of or relating to the Services or these Terms is limited to the fees you paid us for the Services in the 12 months before the event giving rise to the claim.

Our liability is reduced to the extent that you or your staff caused or contributed to the loss.

14. Indemnity

You indemnify us against any claim, loss or cost (including reasonable legal costs) arising from your breach of these Terms, your breach of law, or Your Data, except to the extent the loss was caused by our own breach or negligence.

15. Suspension and termination

You may stop using the Services and cancel your subscription at any time. We may suspend or terminate your access if you materially breach these Terms and do not fix the breach within 14 days of notice, if you do not pay fees when due, or immediately if needed to prevent harm, fraud or unlawful activity.

After termination, you can request an export of Your Data within 30 days. After that period we may delete Your Data, except where we must keep it by law. Sections that by their nature should continue (including fees owed, intellectual property, liability and indemnity) survive termination.

16. Changes to these terms

We may update these Terms from time to time. If a change materially affects you, we will give you at least 30 days' notice by email or through the Services before it takes effect. Continuing to use the Services after the change takes effect means you accept the updated Terms. If you do not agree, you can cancel before the change takes effect.

17. Governing law

These Terms are governed by the laws of Australia, and each party submits to the non-exclusive jurisdiction of the courts of Australia. If any part of these Terms is found to be unenforceable, the rest remains in effect. These Terms, together with any order form and our Privacy Policy, are the entire agreement between you and us about the Services.