Terms of Service

These Terms of Service (“Terms”) are a contract between SMART ERP SYSTEMS TECHNOLOGY - L.L.C - S.P.C, registered in Abu Dhabi, United Arab Emirates (licence no. CN-6463527), which operates SmartPOS AI (“SmartPOS AI”, “we”, “us”), and the business that opens an account or uses our services (“Customer”, “you”).

They apply to the SmartPOS AI point-of-sale and back-office software, our apps (including Print Bridge), the online menu, ordering and booking pages, our API, the WordPress plugin and related services (together, the “Service”).

The following documents form part of these Terms: the Privacy Policy, the Data Processing Agreement, the list of sub-processors and the plan and price information shown on the pricing page when you order. If you accept these Terms on behalf of a business, you confirm that you are authorised to bind it.

These Terms apply to accounts opened from 12 October 2026. For accounts opened earlier, they replace the previous version 30 days after we notify you of them.

The Service is intended for businesses, sole traders and organisations, not for consumers acting for personal purposes. By using it, you confirm that you act for business purposes and that you are at least 18 years old.

• Give accurate information when you register and keep it up to date.
• You decide who in your business gets access (owners, managers, cashiers and other users) and with which permissions. You are responsible for everything done under your account and by your users.
• Keep passwords, PINs and API keys confidential. Tell us immediately at support@smartposai.com if you suspect unauthorised access.
• We may ask for additional verification or temporarily block access if we see a security risk to you, to other customers or to the Service.

Free plan

The Free plan costs nothing for an unlimited time, within the limits shown on the pricing page (for example the number of stores, users and products). No payment card is needed.

Free trial of paid plans

Paid plans start with a 14-day free trial. A payment card is required to start the trial. Nothing is charged during the trial; the first payment is taken when the trial ends, unless you cancel before then.

Fees and billing

• Paid plans are billed in advance, monthly or yearly, and renew automatically for the same period until you cancel.
• Payments are processed by Stripe. We do not store your full card number.
• We may change prices by notifying you at least 30 days in advance. The new price applies from your next billing period after the notice period. If you do not agree, you can cancel before it applies.
• You are responsible for taxes, duties and levies that apply to your purchase, except taxes on our income.
• If a payment fails, we notify you and try again. If it remains unpaid after that notice, we may suspend paid features until it is paid.
• Fees already paid are not refundable, except where the law requires a refund or we agree otherwise in writing.

You can cancel a paid plan at any time in the Backoffice under Subscription, or by writing to support@smartposai.com. Paid features remain available until the end of the period you have already paid for. Cancelling does not delete your account or data — see section 6.

Ownership

You own the data that you and your users enter into the Service or import into it, such as products, sales, customers and staff records (“Customer Data”). We do not sell Customer Data. We use it only to provide, secure and support the Service, as described in the Data Processing Agreement and the Privacy Policy.

Permission to process

You allow us to host, copy, transmit and process Customer Data only as needed to provide the Service to you, to comply with the law and to prevent abuse.

Personal data

When Customer Data includes personal data (for example about your customers, guests or staff), you are the controller and we are your processor. The Data Processing Agreement applies.

Export

You can export your data in the Backoffice at any time (for example products, categories, customers, reports, tax and accounting exports, and the DSFinV-K export in Germany). If you need data that is not available as an export, contact us and we will help.

Retention and deletion

Customer Data stays in your account while the account exists, including after a paid plan ends, so that you can return or ask us for an export. You can ask us at any time to close your account and permanently delete Customer Data by writing to privacy@smartposai.com from the account owner’s email address. We delete it within 30 days of confirming the request, unless the law requires us to keep part of it. Backup copies are overwritten within about 10 days after that.

Before you ask for deletion, export everything the law requires you to keep, such as fiscal and accounting records. Deleted data cannot be restored.

Backups

We back up the database several times a day and keep the copies on a separate server in Germany. Backups are for restoring the Service after a failure and do not replace your own exports.

The Service includes tools for fiscal receipts, tax calculation and reporting in several countries. You remain responsible for complying with the laws that apply to your business, in particular for:

• registering and operating fiscal devices, security modules (such as a TSE in Germany) and accounts with tax authorities;
• setting up tax rates, receipt contents and business details correctly;
• keeping receipts, reports and other records for the periods required by law, including exporting them before you close your account;
• submitting reports and payments to tax authorities on time.

We maintain the fiscal features with reasonable care, but we do not give legal or tax advice and do not guarantee that your configuration meets every requirement in your country. Please check with your accountant or tax adviser.

Card payments, payment terminals, delivery platforms, accounting software, online shops, SMS services and other services that you connect (“Third-Party Services”) are provided by their providers under their own terms. We are not a payment institution and do not hold your money.

When you connect a Third-Party Service, you authorise us to exchange data with it on your behalf (for example sales, invoices, products, customers or orders). When you disconnect it, we stop synchronising and delete its access tokens from our database. To remove our access completely, also remove the SmartPOS AI connection in that provider’s settings.

We are not responsible for the availability, accuracy or acts of Third-Party Services.

Some features use artificial intelligence, for example sales and demand forecasts, loss-prevention and pricing analyses, customer segments, the AI assistant and bank-statement analysis. To produce results, the data needed for the feature is sent to our AI providers (currently OpenAI and Anthropic — see the sub-processor list). Depending on the feature, this can include product and sales figures, customer names and purchase totals, staff names with their transaction or cash figures, or bank-statement lines.

• AI results are suggestions and can be wrong. Check them before you act on them.
• Do not use AI results as the only basis for decisions that have legal or similarly significant effects on a person, such as disciplinary action against an employee.
• Where the law requires it, tell your staff and customers that you use such analyses.
• Our AI providers process the data under their business (API) terms and do not use it to train their models.

If you use the Service to send receipts, booking confirmations and reminders, loyalty or other messages to your customers by email or SMS, you are the sender. You are responsible for having the consent or other legal basis these messages require, for their content and for respecting opt-outs under anti-spam laws.

• API access is included in the plans that list it (currently Professional and Business). Keep API keys secret and use them only for your own business or for customers who have authorised you.
• Respect the rate limits. Do not use the API to overload or scrape the Service, or to test its security without our written permission.
• We may change or retire API endpoints. We give reasonable notice of changes that break existing integrations, unless a change is needed for security or legal reasons.

You must not, and must not allow others to:

• use the Service for anything illegal, fraudulent or deceptive, including tax evasion or falsifying receipts and fiscal records;
• sell or promote goods or services that are illegal where you operate;
• upload malware or content that infringes the rights of others;
• access accounts or data that are not yours, bypass security or usage limits, or probe the Service for vulnerabilities without our written permission;
• overload or disrupt the Service, or copy, reverse engineer or resell it, except where the law expressly allows it or we agree in writing;
• send spam or unlawful messages through the Service;
• use the Service in breach of applicable sanctions or export control laws.

We may remove content or suspend access that breaks this section, as described in section 20.

• We aim for high availability (our target is 99.9% per month) but do not guarantee uninterrupted service unless a separate written service-level agreement says so. The point of sale keeps selling offline and synchronises when the connection returns.
• Where possible, we announce planned maintenance in advance.
• Support is available in the Backoffice (help centre and support tickets) and at support@smartposai.com.
• We keep improving the Service and may change or remove features. If a change materially reduces the functionality of a paid plan you use, we tell you in advance, and you can cancel before the change applies.

If you join our referral, reseller, integration or white-label programme, these Terms apply together with the partner terms we agree with you in writing (such as commission rates, territory or wholesale prices). Unless the written terms say otherwise:

• A customer counts as your referral when they sign up through your referral link or code. The visitor’s browser remembers the referral for 30 days only if the visitor accepts marketing cookies; otherwise it counts only if they sign up directly from your link.
• Commissions are calculated in euros on payments we actually receive for the referred account. They become payable 30 days after the payment and are reversed if the payment is refunded or charged back.
• You can request a payout in the partner portal once your approved balance reaches the minimum shown there (currently EUR 50). Payouts are normally processed within 3–5 business days. You are responsible for your own taxes.
• You must not send spam, make misleading claims about SmartPOS AI, or open accounts in a customer’s name without their consent. We may withhold commissions earned in breach of these rules and end the partnership.
• Partners are independent businesses, not our agents or employees.

We own the Service, including the software, design, documentation and our trademarks. While your subscription is active, we give you a non-exclusive, non-transferable right to use the Service for your business under these Terms. You may not use our name or logo without our permission, except to state truthfully that you use SmartPOS AI. If you send us ideas or feedback, we may use them without obligation to you.

If you believe that content in the Service infringes your rights, write to info@smartposai.com.

Each party keeps the other party’s non-public business information confidential and uses it only for the purposes of these Terms, unless the information is already public, was developed independently or must be disclosed by law. Customer Data is protected as described in section 6 and in the Data Processing Agreement.

We provide the Service with reasonable skill and care. Beyond that, and to the extent permitted by law, the Service is provided “as is” and “as available”, without other express or implied warranties, such as fitness for a particular purpose. We do not warrant that the Service will be error-free or uninterrupted, or that AI results, forecasts and reports will be correct.

• Neither party is liable for indirect or consequential losses, such as lost profits, lost revenue or loss of goodwill.
• Our total liability arising out of or in connection with the Service is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim.
• These limits do not apply to liability that cannot be limited by law, including liability for intent or gross negligence, or to your payment obligations.

You will compensate us for claims by third parties (including authorities) and for the related losses and reasonable costs arising from Customer Data, from your use of the Service in breach of these Terms or the law (for example fiscal, tax, consumer, anti-spam or data protection law), or from Third-Party Services you connect. We will inform you of such a claim promptly and let you take part in the defence.

• You can stop using the Service and ask us to close your account at any time (sections 5 and 6).
• We may suspend access in whole or in part if a payment is overdue after notice, if your use breaks these Terms or the law, if there is a security risk, or if an authority requires it. Where reasonable, we warn you first and give you time to fix the problem, and we restore access once it is fixed.
• We may terminate the contract for serious or repeated breaches of these Terms.
• After termination, you can still ask us for an export of your data for 30 days, unless the law prevents it.

We may update these Terms, for example when we add features or when the law changes. We notify you of material changes by email or in the Backoffice at least 30 days before they take effect, unless a shorter period is required for legal or security reasons. If you keep using the Service after that date, the updated Terms apply. If you do not agree, you can cancel before that date. Earlier versions are available on request.

These Terms and any dispute arising out of or in connection with them are governed by the laws of Bosnia and Herzegovina, without regard to its conflict-of-law rules. Before going to court, both parties will try in good faith to resolve the dispute for 30 days after one of them notifies the other in writing. The competent court in Sarajevo, Bosnia and Herzegovina, has exclusive jurisdiction. This does not affect rights you cannot waive under the mandatory law of your country, or the rules on personal data in the Data Processing Agreement.

• Entire agreement. These Terms and the documents listed in section 1 are the entire agreement between you and us about the Service and replace earlier versions and discussions.
• Assignment. You may not transfer the contract without our consent. We may transfer it to a company that takes over our business, and we will inform you.
• Force majeure. Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, war, internet or power outages, or acts of authorities.
• Severability and waiver. If a provision is invalid, the rest remains in force. Not enforcing a right does not waive it.
• Notices. We send notices to the account owner’s email address or show them in the Backoffice. You can send notices to info@smartposai.com.
• Language. These Terms are available in English, Bosnian and Arabic. If the versions differ, the English version prevails.
• Electronic acceptance. You accept these Terms by ticking the box when you register or by using the Service. When you register an account, we record the version you accepted, the time and the IP address.

• SMART ERP SYSTEMS TECHNOLOGY - L.L.C - S.P.C (operating SmartPOS AI)
• Limited liability company, sole proprietorship, Abu Dhabi, United Arab Emirates
• Licence / unified registration no.: CN-6463527
• General and legal enquiries: info@smartposai.com
• Support: support@smartposai.com
• Privacy: privacy@smartposai.com