Terms of Service

Agreement to Terms

By accessing or using the services provided by TEKKOS ("TEKKOS", "we", "us", or "our"), including our TEKKOS POS point-of-sale system, TEKKOS Voice AI phone ordering service, TEKKOS Driver delivery management application, and any related websites, mobile applications, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

Modifications

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

TEKKOS POS

TEKKOS POS is a cloud-based point-of-sale system designed for restaurants and quick-service establishments. Features include order management, payment processing, kitchen display integration, inventory tracking, and reporting. TEKKOS POS requires compatible hardware and a stable internet connection for full functionality.

TEKKOS Voice

TEKKOS Voice is an AI-powered phone ordering service that handles incoming customer calls, takes orders, and integrates with your POS system. TEKKOS Voice is designed to supplement, not replace, your existing phone ordering capabilities. Call quality and AI performance may vary based on factors outside our control.

TEKKOS Driver

TEKKOS Driver is a mobile application for delivery drivers that provides GPS tracking, delivery status updates, and real-time order management. TEKKOS Driver requires a compatible smartphone with GPS capabilities and an active data connection.

Service Availability

While we strive to maintain high availability, we do not guarantee that the Services will be available at all times. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify you of planned downtime in advance.

Account Creation

To use certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease, and we may delete your account and data in accordance with our data retention policies.

Subscription Fees

Access to certain Services requires payment of subscription fees. Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.

Payment Processing

We use third-party payment processors to handle payment transactions. By providing your payment information, you authorize us and our payment processors to charge your designated payment method for the applicable fees. You are responsible for keeping your payment information current.

Transaction Fees

In addition to subscription fees, certain Services may incur transaction-based fees (such as payment processing fees for transactions processed through TEKKOS POS). These fees will be clearly disclosed and may be deducted from your payouts or charged separately.

Price Changes

We reserve the right to change our prices at any time. If you are on a subscription plan, price changes will take effect at the start of your next billing cycle following notice of the change. If you do not agree to the new prices, you may cancel your subscription before the change takes effect.

Taxes

All fees are exclusive of taxes, which you are responsible for paying. We will charge applicable taxes where required by law. You agree to provide us with any information necessary to determine the appropriate tax rate.

Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree to use the Services only for their intended purpose of managing restaurant operations, processing orders, and related business activities.

Prohibited Conduct

You agree not to: (a) use the Services in any way that violates applicable laws or regulations; (b) use the Services to process transactions for illegal goods or services; (c) attempt to gain unauthorized access to any part of the Services or any systems connected to the Services; (d) interfere with or disrupt the integrity or performance of the Services; (e) transmit any viruses, malware, or other harmful code; (f) use the Services to send unsolicited communications; (g) impersonate any person or entity; or (h) use the Services in any manner that could damage, disable, or impair the Services.

Content Standards

You are solely responsible for any content you submit through the Services, including menu items, product descriptions, and customer communications. You agree that such content will not be illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.

Our Intellectual Property

The Services, including all software, content, features, and functionality, are owned by TEKKOS and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

Your Content

You retain ownership of any content you submit through the Services. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing and improving the Services.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services, you grant us the right to use such feedback without any obligation to you. We may incorporate your feedback into future versions of the Services without compensation.

Data Processing

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of information as described in our Privacy Policy.

Your Customer Data

You are responsible for obtaining any necessary consents from your customers before collecting their personal information through the Services. You agree to handle customer data in compliance with all applicable data protection laws and to implement appropriate security measures to protect such data.

Data Export

You may export your data from the Services at any time through the data export features we provide. Upon termination of your account, you will have a 30-day period to export your data before it is deleted in accordance with our data retention policies.

As-Is Basis

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Third-Party Services

The Services may integrate with or link to third-party services, including payment processors and hardware providers. We are not responsible for the availability, accuracy, or content of such third-party services. Your use of third-party services is at your own risk and subject to their terms and conditions.

AI Limitations

TEKKOS Voice uses artificial intelligence technology that, while designed to be accurate and helpful, may occasionally make errors or misunderstand customer requests. You acknowledge that AI technology is not perfect and agree to monitor AI-processed orders for accuracy.

Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TEKKOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES.

Liability Cap

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Your Obligations

You agree to indemnify, defend, and hold harmless TEKKOS and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (d) any content you submit through the Services.

Termination by You

You may terminate your account at any time by contacting our support team or using the account cancellation feature in your account settings. Termination will be effective at the end of your current billing period. No refunds will be provided for any unused portion of your subscription.

Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

Effect of Termination

Upon termination, all provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Informal Resolution

Before filing a claim against TEKKOS, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through informal negotiation within 60 days.

Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Worcester, Massachusetts, unless we agree otherwise.

Class Action Waiver

YOU AND TEKKOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Applicable Law

These Terms and any dispute arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.

Jurisdiction

Subject to the arbitration provisions above, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Suffolk County, Massachusetts, and you consent to personal jurisdiction and venue in such courts.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and TEKKOS regarding the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of TEKKOS.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

Questions

If you have any questions about these Terms, please contact us at:

TEKKOS Email: [email protected] Address: Worcester, MA, United States