Terms and Conditions

1. Introduction

These terms form a legally binding agreement between the merchant or business customer named during registration or in an order form, referred to as you, your or Merchant, and Multi Channel Creative Ltd trading as easyKiosk, referred to as easyKiosk, we, us or our.

By creating an account, subscribing to a plan, accessing the platform, installing an application, using any easyKiosk service, or clicking to accept these terms, you agree to be bound by these terms.

If you are accepting these terms on behalf of a company, partnership, charity, franchise, group, public body or other organisation, you confirm that you have authority to bind that organisation.

2. About us

easyKiosk is operated by Multi Channel Creative Ltd, a company registered in England and Wales. The business address is 25 Station Road, Office 5, Kings Heath, Birmingham, B14 7SR.

VAT number: 313058732GB. ICO registration reference: ZB394739.

easyKiosk is part of the easy® family of brands. easyKiosk may operate alongside other easy branded services including easyPay, easyDelivery and easyMarketing where available.

3. Definitions

• Account means the account created by or for a Merchant to access the Platform.
• Affiliate means any company or business that controls, is controlled by, or is under common control with a party.
• AI Features means artificial intelligence assisted features, automation, content generation, recommendations, analytics, workflows or similar tools provided through the Platform.
• Customer means a customer, guest, diner, patient, shopper, user, visitor, tenant, member or other end customer of the Merchant.
• Fees means subscription fees, usage fees, transaction fees, add on fees, support fees, hardware fees, onboarding fees, implementation fees and any other charges payable by the Merchant.
• Hardware means terminals, tablets, kiosks, printers, scanners, cash drawers, kitchen displays, stands, mounts, screens and any other equipment used with the Platform.
• Platform means the easyKiosk software, websites, dashboards, applications, APIs, integrations, cloud services, reporting tools, AI tools and related services.
• Payment Partner means a third party payment provider, acquirer, gateway, SoftPOS provider, terminal provider or payment technology provider integrated with the Platform.
• Services means the Platform and any related support, onboarding, implementation, consultancy, integrations, maintenance or add on services supplied by us.
• Subscription means the Merchant plan selected by the Merchant, including any free trial, introductory plan, monthly plan, annual plan, custom plan or enterprise plan.

4. Who these terms apply to

These terms are intended for business use. Unless we expressly agree otherwise in writing, the Platform is supplied to businesses and merchants rather than consumers.

If any individual uses the Platform for personal, domestic or consumer purposes, statutory consumer rights may apply and nothing in these terms limits rights that cannot legally be excluded.

5. Account registration and authority

You must provide accurate, complete and current information when creating an Account and must keep your details updated.

You are responsible for maintaining the confidentiality of login credentials, user roles and account access. You must notify us promptly if you suspect unauthorised access.

You are responsible for all activity carried out under your Account, including activity by staff, contractors, agents, franchisees, group companies and other authorised users.

We may require identity, business, trading, tax, anti fraud, compliance or payment partner verification before activating certain features.

6. Subscription plans and pricing

The Fees payable by you are those shown on the relevant pricing page, order form, in app signup flow, invoice or written agreement at the time you subscribe.

Where a plan is advertised as starting from £1 per month, that amount applies only to the entry level plan or promotional plan described at the time of signup. Additional features, modules, users, sites, hardware, payment services, AI usage, SMS, WhatsApp, storage, API usage, integrations, premium support and transaction related services may be charged separately.

We may change pricing, plans, features or usage limits from time to time. Price changes will not apply retrospectively to Fees already paid, but may apply from your next renewal, next billing period or after reasonable notice where required.

Unless stated otherwise, prices are exclusive of VAT and any other applicable taxes.

7. Free trials, introductory offers and promotions

We may offer free trials, discounted plans, cashback offers, introductory pricing, partner promotions or other incentives.

Promotions may be subject to eligibility criteria, minimum usage, payment partner approval, merchant category restrictions, fraud checks, clawback terms, territory restrictions, time limits or other stated conditions.

We may withdraw or amend a promotion before acceptance. Once accepted, the promotion will apply according to the published or agreed terms of that promotion.

Promotions are not transferable and cannot be exchanged for cash unless expressly stated.

8. Payment services and merchant acquiring

easyKiosk may help Merchants access payment services including card terminals, SoftPOS, online payments, pay by link, payment links, wallet payments, open banking or other payment methods through Payment Partners.

Payment services are supplied by the relevant Payment Partner and may be subject to separate terms, onboarding checks, underwriting, pricing, settlement rules, chargeback rules, compliance requirements and risk controls.

We are not a bank, card issuer, card scheme, payment acquirer or e money institution unless expressly stated in writing. We do not guarantee that a Payment Partner will approve, continue to support or settle funds to any Merchant.

You are responsible for complying with Payment Partner terms, card scheme rules, payment security requirements, refund obligations, chargeback obligations, fraud prevention requirements and applicable law.

Where we receive referral fees, bounty payments, revenue share, commissions, platform fees or other commercial benefits from Payment Partners, you acknowledge that we may retain those amounts unless otherwise agreed.

9. Hardware, devices and third party equipment

The Platform may be used with Hardware supplied by us, supplied by Payment Partners, supplied by manufacturers, leased by finance providers or purchased directly by the Merchant.

Hardware availability, compatibility, warranty, returns and support may depend on the supplier, manufacturer, operating system, country, payment provider, firmware and network connection.

You are responsible for ensuring suitable internet access, power, installation environment, device management, staff training, secure storage and reasonable care of Hardware.

Unless expressly agreed in writing, title to purchased Hardware passes only when paid in full. Leased or financed Hardware remains subject to the relevant finance or rental agreement.

We are not responsible for faults caused by misuse, unauthorised modification, unsupported peripherals, third party apps, poor connectivity, power issues, accidental damage, unauthorised repair or failure to follow setup instructions.

10. Platform services

Subject to these terms and payment of applicable Fees, we grant you a limited, non exclusive, non transferable, revocable right to access and use the Platform for your internal business operations during the Subscription term.

The Platform may include POS, EPOS, self service kiosks, SoftPOS integrations, online ordering, QR ordering, click and collect, delivery management, table ordering, kitchen display systems, hotel PMS tools, stock management, supplier tools, staff management, loyalty, membership, gift cards, CRM, reporting, analytics, AI tools, APIs and integrations.

Features may vary by plan, territory, device, operating system, payment partner, integration partner, sector, regulatory status and availability.

11. Merchant responsibilities

You are responsible for your products, services, pricing, taxes, descriptions, images, stock, availability, refunds, customer service, order fulfilment, delivery promises, staff actions and compliance with laws applicable to your business.

You must ensure that all information supplied through the Platform is accurate, lawful, not misleading and kept up to date.

You must obtain and maintain all licences, permits, registrations, authorisations and approvals required for your business, including any alcohol, food, pharmacy, health, beauty, hire, professional, regulated goods or age restricted sales requirements.

You are responsible for training your staff and ensuring they use the Platform properly, securely and lawfully.

12. Acceptable use

You must not misuse the Platform or allow it to be misused.

• You must not use the Platform to sell illegal, unsafe, counterfeit, infringing, prohibited, restricted or unlawfully marketed goods or services.
• You must not attempt to reverse engineer, copy, scrape, overload, disrupt, bypass security, access unauthorised data or interfere with the Platform.
• You must not upload malware, unlawful content, offensive content, misleading content, personal data without proper authority or content that infringes third party rights.
• You must not use the Platform for fraudulent, deceptive, harmful, abusive or unlawful activity.
• You must comply with any usage limits, API limits, fair use rules, security rules and technical documentation notified by us.

13. AI features and automation

AI Features are provided to assist with tasks such as content generation, campaign ideas, data analysis, product descriptions, customer engagement, reporting, recommendations and workflow automation.

AI outputs may be inaccurate, incomplete, unsuitable, biased or outdated. You are responsible for reviewing and approving AI outputs before using them in your business.

AI Features should not be treated as legal, financial, medical, tax, regulatory, accounting, employment or professional advice.

You must not use AI Features to create unlawful, discriminatory, misleading, infringing, harmful or spam content.

We may use third party AI providers to supply AI Features. Use of AI Features may be subject to additional provider terms, usage limits, safety policies and data handling rules.

14. Integrations and third party services

The Platform may integrate with third party services including payment providers, ecommerce platforms, marketplaces, delivery providers, accounting systems, inventory systems, loyalty systems, messaging services, AI providers and hardware providers.

Third party services are not controlled by us and may be changed, suspended, discontinued, restricted or made chargeable by the third party.

You are responsible for maintaining your own accounts, licences, API keys, permissions and compliance with third party terms.

We are not liable for third party service failures, data errors, outages, pricing changes, rejected transactions, delayed settlements, delivery failures, marketplace suspensions or integration changes outside our reasonable control.

15. Data protection and customer data

Each party must comply with applicable data protection laws including the UK GDPR and the Data Protection Act 2018 where applicable.

For Merchant Customer personal data processed through the Platform, the Merchant will usually act as controller and easyKiosk will usually act as processor, unless the parties agree otherwise or the context requires a different relationship.

You must ensure that you have a lawful basis and all required notices, consents and permissions to collect and process personal data through the Platform, including for marketing, loyalty, SMS, WhatsApp, email, analytics, payment, delivery and customer service activity.

Schedule 1 contains data processing terms intended to meet the requirements for controller and processor contracts under UK data protection law.

You must not upload special category data, criminal offence data, medical data or other sensitive data unless the relevant feature is designed for that purpose and you have a lawful basis to do so.

16. Security

We will use reasonable technical and organisational measures designed to protect the Platform and Merchant data against unauthorised access, accidental loss, destruction or damage.

You are responsible for using strong passwords, appropriate user permissions, secure devices, staff training, secure networks and prompt removal of access for users who leave your organisation.

You must notify us promptly if you become aware of any actual or suspected security incident affecting the Platform, your Account, Customer data or payment data.

You must not store full card numbers, CVV codes or other sensitive payment authentication data in free text fields, notes, customer records or unsupported areas of the Platform.

17. Service availability and support

We will use reasonable endeavours to make the Platform available, subject to maintenance, updates, third party services, connectivity, events outside our control and any service levels expressly agreed in writing.

Support availability may depend on your plan. Support may be provided by email, ticket, live chat, phone, knowledge base, onboarding sessions or account management, depending on your Subscription.

We may suspend access temporarily for emergency maintenance, security reasons, legal reasons, payment issues, misuse, excessive load, suspected fraud or third party provider requirements.

18. Updates and changes to the platform

We may improve, update, modify, remove, replace or discontinue features from time to time to improve performance, security, compliance, commercial viability or user experience.

We will use reasonable efforts to avoid materially reducing core paid functionality during a paid Subscription term, but some changes may be required due to legal, technical, security, payment partner, integration partner or operational reasons.

Beta, preview, trial and experimental features may be changed or withdrawn at any time and are provided as is.

19. Intellectual property

All intellectual property rights in the Platform, software, code, designs, dashboards, workflows, AI systems, documentation, trade marks, branding, templates, reports, tools and related materials belong to us or our licensors.

You retain ownership of your Merchant content, product data, business data and Customer data, subject to the licence you grant us to host, process, display, transmit and use that content to provide and improve the Services.

You must not copy, modify, distribute, resell, sublicense, decompile, reverse engineer or create derivative works from the Platform except as permitted by law or expressly authorised in writing.

You must not use easyKiosk, easyPay, easyDelivery, easyMarketing, easy, the easy® family of brands or related marks except as expressly permitted by us or the relevant brand owner.

20. Content, product data and listings

You are responsible for all content submitted to or generated through your Account, including product names, prices, descriptions, images, allergens, ingredients, warnings, stock levels, delivery promises, opening hours and promotional content.

You must ensure that your content is accurate, lawful, not misleading, not infringing and suitable for the countries and channels where it is displayed.

We may remove, disable or restrict content that we reasonably believe breaches these terms, third party rules, applicable law, payment partner rules or platform policies.

21. Fees, taxes and invoicing

Fees are payable according to the billing frequency, payment method and plan selected or agreed.

You authorise us and our payment processors to collect Fees from your selected payment method. You must keep payment details valid and up to date.

If payment fails or Fees are overdue, we may suspend or restrict access, charge interest where permitted, recover collection costs and terminate the Subscription if not remedied.

You are responsible for all taxes, duties, levies and charges arising from your use of the Platform and your own sales, except for taxes based on our income.

22. Cancellation, suspension and termination

You may cancel a monthly Subscription by following the cancellation process in your Account or by giving notice through the support channel stated by us. Cancellation will usually take effect at the end of the current billing period unless stated otherwise.

Annual, custom, enterprise, hardware financed, onboarding, development, integration or implementation commitments may have different cancellation terms set out in the relevant order form or agreement.

We may suspend or terminate access if you breach these terms, fail to pay Fees, misuse the Platform, create risk to customers, breach law, breach payment partner requirements, become insolvent or if continued service would expose us to legal, security, operational or reputational risk.

On termination, your right to access the Platform ends. We may retain or delete data in accordance with our retention policies, data processing terms, legal duties and backup processes.

23. Refunds and billing disputes

Unless required by law or expressly agreed, Fees are non refundable once charged.

If you believe you have been charged incorrectly, you must notify us promptly and provide reasonable details. We will investigate in good faith.

Refunds, credits or goodwill gestures do not create a precedent or admission of liability.

Payment Partner fees, card scheme charges, chargeback costs, finance charges, third party fees and hardware charges may be non refundable or subject to separate third party rules.

24. Warranties and disclaimers

We will provide the Services with reasonable skill and care.

Except as expressly stated in these terms, the Platform is provided as is and as available. We do not warrant that the Platform will be uninterrupted, error free, secure, compatible with every device or integration, or suitable for every business purpose.

We do not guarantee increased sales, rankings, profits, savings, payment approval, payment settlement, delivery availability, marketing performance, AI output quality or business outcomes.

Nothing in these terms excludes rights or remedies that cannot be excluded by law.

25. Limitation of liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot legally be limited or excluded.

Subject to the paragraph above, we are not liable for loss of profit, loss of revenue, loss of sales, loss of goodwill, loss of business opportunity, loss of anticipated savings, loss or corruption of data, indirect loss, consequential loss, third party service failure, payment partner decision, marketplace decision, delivery provider failure or customer claim arising from your products or services.

Subject to the paragraphs above, our total aggregate liability arising out of or in connection with the Services will not exceed the greater of £100 or the Fees paid by you to us for the affected Services in the 12 months before the event giving rise to the claim.

26. Indemnity

You agree to indemnify us, our group companies, officers, employees, contractors, licensors and partners against claims, losses, damages, fines, penalties, costs and expenses arising from your breach of these terms, your products or services, your content, your misuse of the Platform, your breach of law, your breach of third party terms, your Customer disputes or your unauthorised use of personal data.

27. Confidentiality

Each party must keep the other party’s confidential information confidential and must not disclose it except as required to perform these terms, to professional advisers, to group companies, to contractors under confidentiality obligations, to comply with law, or with prior written consent.

Confidential information does not include information that is public, already known, independently developed or lawfully received from a third party without confidentiality restriction.

28. Notices

We may send notices by email, through your Account, through the Platform, by post or by publishing updates on the Website where appropriate.

You must send formal legal notices to the business address stated in these terms and by email to the contact address specified on the Website or in your order form.

You must keep your contact details accurate so we can contact you about billing, security, legal, support and service matters.

29. Changes to these terms

We may update these terms from time to time. Where changes are material, we will take reasonable steps to notify you before they take effect, unless changes are required urgently for legal, security, payment partner or operational reasons.

If you continue using the Platform after changes take effect, you will be deemed to have accepted the updated terms. If you do not agree, you should stop using the Platform and cancel your Subscription before the changes apply.

30. Governing law and disputes

These terms and any dispute or claim arising from them are governed by the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction, except that we may seek urgent injunctive or protective relief in any relevant jurisdiction where necessary to protect our rights, systems, data, brand or customers.

Before starting court proceedings, the parties should first try to resolve the dispute in good faith through senior management discussions.

31. Website and online contracting information

Where contracts are concluded electronically, we will aim to provide clear information about the main characteristics of the Services, pricing, taxes, payment steps, order correction process, contract language and how these terms are stored or made available.

You are responsible for checking the details of your Subscription before submitting an order or payment.

The contract is formed when we confirm acceptance of your order, activate your Account, provide access to paid features or otherwise confirm the Subscription.

Schedule 1 — Data processing terms

This Schedule applies where we process personal data on behalf of the Merchant as processor.

• Subject matter: provision, support, maintenance, security and improvement of the Platform and related Services.
• Duration: for the term of the Subscription and any period required for deletion, return, backup, legal retention, audit or dispute handling.
• Nature and purpose: hosting, storage, access, transmission, support, analytics, troubleshooting, integrations, payment workflow support, reporting, AI feature operation where enabled, customer communications where configured and service administration.
• Types of personal data may include names, contact details, addresses, order details, payment references, loyalty data, booking data, delivery details, staff user data, login data, device data, technical logs and communication preferences.
• Categories of data subjects may include Merchant staff, Customers, delivery recipients, diners, hotel guests, members, suppliers, contractors, franchisees and platform users.

We will process personal data only on documented instructions from the Merchant unless required by law. These terms, the Subscription, platform settings and support requests are documented instructions.

We will ensure that personnel authorised to process personal data are under confidentiality obligations.

We will implement appropriate technical and organisational measures designed to protect personal data.

We may appoint subprocessors to provide hosting, support, payment workflow, analytics, communications, AI, security, monitoring and integration services. We will impose data protection obligations on subprocessors that are appropriate to the processing.

We will assist the Merchant, taking into account the nature of processing and information available to us, with data subject rights requests, security, breach notification, impact assessments and regulator consultation where required by law.

We will notify the Merchant without undue delay after becoming aware of a personal data breach affecting Merchant personal data.

At the end of the Services, we will delete or return personal data where reasonably practicable, subject to legal retention, backups, dispute handling, fraud prevention and legitimate business records.

International transfers may occur where subprocessors or infrastructure are located outside the UK. Where required, we will use appropriate safeguards such as approved transfer mechanisms.

Schedule 2 — Service levels and support

Unless a separate service level agreement is agreed, support is provided on a reasonable endeavours basis.

• Critical issue: major production outage preventing core access for many Merchants. Target initial response: 4 business hours.
• High issue: material feature failure affecting business operations. Target initial response: 1 business day.
• Normal issue: general support, usability, minor bug or configuration request. Target initial response: 2 business days.
• Low issue: feature request, advice, training or non urgent query. Target initial response: 5 business days.

Response targets are not fix times. Resolution depends on the issue, third party providers, device access, Merchant cooperation and technical complexity.

Emergency security fixes, payment partner incidents, hosting incidents and third party outages may require temporary restrictions or changes.

Schedule 3 — Payment partner terms

Use of payment services may require you to accept separate terms from one or more Payment Partners.

Payment Partner approval may be refused, delayed, suspended or withdrawn based on underwriting, sector, risk, sanctions, fraud, chargeback levels, prohibited activity, documentation gaps or provider policy.

Settlement times, reserves, rolling reserves, refunds, chargebacks, disputes, payment holds, terminal rentals, SoftPOS availability and pricing are controlled by the relevant Payment Partner unless expressly stated otherwise.

You must not use payment services for prohibited or restricted goods and services unless approved by the relevant Payment Partner.

Schedule 4 — Acceptable use policy

You must not use the Platform for:

• Illegal goods or services.
• Counterfeit, stolen, unsafe or infringing goods.
• Misleading pricing, fake reviews or deceptive marketing.
• Unauthorised sale of age restricted, regulated, medical, pharmaceutical, financial, gambling, alcohol or tobacco related goods or services.
• Hate, harassment, exploitation, abuse or discriminatory activity.
• Malware, phishing, credential theft, scraping, spam or unauthorised automated access.
• Any activity that could damage the Platform, our reputation, our partners, other Merchants or Customers.

We may investigate suspected breaches and may suspend access while we do so.