Merchant Terms of Service

1. About this agreement

1.1 Who the agreement is between

These Merchant Terms of Service (“Terms”) are an agreement between Applause Technology Pty Ltd (ABN 23 613 658 763, ACN 613 658 763) (“APOS”, “we”, “us”, “our”) and the business that creates an APOS account, accepts these Terms in APOS Portal or signs an Order Form (“you”, “your”, the “Merchant”).

1.2 What the agreement covers

The agreement covers APOS Register, waiter tablets, kitchen displays, the owner app, APOS Portal, reservations, waitlist, guest profiles and marketing tools, the venue network, APOS AI features, our websites and APIs, and any hardware, onboarding, training and support we provide (together, the “Services”).

1.3 Documents that make up the agreement

The agreement is made up of these documents, which apply in this order if they conflict:

any Order Form we both sign (for example for Enterprise);
these Terms, including Schedule 1 (Data processing terms), Schedule 2 (Acceptable use policy) and Schedule 3 (Service levels for Enterprise);
any add-on terms shown when you switch on an add-on;
our Privacy Policy.

The payment provider agreement for APOS Payments is a separate contract between you and our payments partner (see section 9).

1.4 Accepting the agreement

You accept the agreement by ticking to accept it when you create your account in APOS Portal, by signing an Order Form, or by accepting an updated version when we ask you to. The person accepting confirms they are authorised to bind the business. Electronic acceptance and electronic signatures are binding. We keep a record of who accepted, when, and which version.

1.5 Business use only

APOS is a business service. You confirm you are acquiring the Services for the purposes of a business and not for personal, domestic or household use.

2. Eligibility and your account

2.1 Who can use APOS

To open an account you must be a business operating in a country where APOS is available, have an ABN (or the local equivalent), and be represented by a person aged 18 or over.

2.2 Accurate information

You must give us accurate and complete details about your business, its owners and its venues, and keep them up to date in APOS Portal. We may verify the information you give us, including through the ABN Lookup and other public registers.

2.3 Information requests

If we or our payments partner ask for information we reasonably need to provide the Services, verify your identity or meet a legal obligation, you must provide it within 5 business days, or sooner if the law or our payments partner requires.

2.4 Account owner and users

Your account has at least one account owner. You decide who can use APOS for your business (“Registered Users”), which places they can access and what their role allows. Registered Users must accept the Guest and Registered User Terms. You are responsible for your Registered Users and for everything done under your account.

2.5 Security of logins and PINs

Keep logins, PINs and devices secure, give each person only the access they need, and remove access promptly when someone leaves. Tell us immediately at partnersupport@aposgo.com.au if you suspect unauthorised access.

2.6 Places and companies

A “Place” is one venue with its own menus, floor plan and devices. A “Company” can hold several Places. Fees are charged per Place unless your Order Form says otherwise.

3. Your right to use APOS

3.1 Licence

During your subscription, we grant you a non-exclusive, non-transferable, revocable right to use the Services for your own business, in line with your plan and these Terms. The software is licensed, not sold.

3.2 Approved devices and connectivity

APOS works on the devices, operating system versions and payment terminals we approve and publish. We may update that list with reasonable notice. You are responsible for your internet service, Wi-Fi, power and mobile data costs.

3.3 Device subscriptions

Each register and kitchen display must be covered by your plan or an add-on. We may deactivate devices that are not covered after giving you notice.

3.4 Restrictions

You must follow the Acceptable use policy in Schedule 2.

4. Setup, onboarding and training

4.1 Onboarding

We help you bring your menu across, set up your floor plan, enrol devices and train your team, as described for your plan or in your Order Form. Go-live dates are estimates.

4.2 Your cooperation

You must give us the information, access and decisions we reasonably need, on time. We are not responsible for delays caused by you or your other suppliers.

4.3 Imported data

You are responsible for the accuracy of menus, prices, allergens, tax settings and guest lists you give us or import. Check them before you trade.

5. Plans, places, devices and add-ons

5.1 Plans

Your plan (Starter, Essential, Premium or Enterprise) sets which features, device limits and support you get. The current features and limits are shown on our pricing page and in APOS Portal.

5.2 Starter

Starter is free while you process your card payments through APOS Payments. It includes up to 2 registers and no waiter tablets. Starter is designed for venues taking up to about $5,000 a month in card payments; this is guidance, not a cap. If you stop using APOS Payments, we may move you to a paid plan after giving you 30 days’ notice, or you may cancel.

5.3 Trials

If we offer a free trial (for example a 30-day Premium trial), it ends automatically at the end of the trial period. We will remind you before it ends. Your account moves to the plan you choose, or to Starter if you have not chosen one and are eligible.

5.4 Add-ons

Add-ons, such as extra devices, kitchen displays on Starter, SMS packs and growth add-ons, can be switched on or off in APOS Portal and are billed with your plan. Some add-ons have their own terms, which we show before you switch them on.

5.5 Fair use

Features marked “unlimited” or with an allowance (such as marketing emails) are subject to reasonable use for a venue of your type. If your use is far beyond normal and affects the Services for others, we will contact you to agree a fix before taking action.

6. Fees, billing and taxes

6.1 Fees

You must pay the fees for your plan, add-ons, SMS packs, hardware and any professional services, as shown on our pricing page, in APOS Portal or in your Order Form (“Fees”). Fees are in Australian dollars and are charged per Place unless stated otherwise.

6.2 GST

Unless we say otherwise in writing, all Fees and other amounts shown on our website, in APOS Portal, in an Order Form or in these Terms exclude GST.
If GST is payable on anything we supply under this agreement, you must pay us an additional amount equal to that GST at the same time as you pay the Fee.
We will give you a valid tax invoice for every supply before or when payment is due.
If either of us must reimburse the other for a cost, the amount is reduced by any input tax credit the receiving party can claim for that cost.
Words used in this section have the meanings given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Outside Australia, Fees exclude local sales taxes, VAT or GST, which are added to your invoice where they apply.

6.3 When we bill

Monthly plans and add-ons are billed in advance each month.
Yearly plans are billed in advance for 12 months.
SMS packs and hardware are billed when you order them.
Upgrades are charged pro rata from the day they take effect.

6.4 How you pay

You authorise us to charge your nominated card or Australian bank account, or to deduct Fees from your APOS Payments settlements, until you change or cancel the authority. Keep your payment details current.

6.5 Failed and late payments

If a payment fails we will tell you and try again. If undisputed Fees are more than 14 days overdue, we may, after giving you at least 7 days’ further notice, limit features other than trading, reporting and data export. If Fees are more than 30 days overdue we may suspend the account under section 24. We may charge interest on overdue amounts at the Reserve Bank of Australia cash rate plus 4% a year, and reasonable costs of recovery.

6.6 Disputing a charge

If you think a charge is wrong, tell us within 60 days of the invoice. We will investigate in good faith and correct any error. You do not need to pay the disputed part while we investigate.

6.7 Price changes

We may change Fees by giving you at least 30 days’ notice. Changes apply from your next billing period, or for yearly plans from your next renewal. If you don’t accept a change you may cancel before it takes effect without penalty. Prices locked under the Launch Partner Program are covered in section 26.

6.8 Refunds

Fees are non-refundable, including yearly Fees paid upfront, and including when you cancel, downgrade or stop using the Services part-way through a billing period. The only refunds we give are:

where the Australian Consumer Law requires a refund (section 21);
a pro-rata refund of prepaid Fees for the unused period if we remove a material feature (section 17.3), change these Terms to your material disadvantage and you cancel (section 27), end the agreement for convenience (section 24.4), or you end it because of our uncorrected breach (section 24.2);
a correction of a billing error (section 6.6).

6.9 Set-off

If you use APOS Payments, we may deduct overdue Fees from settlements after giving you notice.

6.10 Commissions

We may receive a referral commission from some integration or hardware partners. This never changes the price you pay.

7. Term, renewal, changes and cancellation

7.1 Monthly plans

Monthly plans run from month to month until cancelled. You can cancel at any time in APOS Portal; the cancellation takes effect at the end of the current month.

7.2 Yearly plans

Yearly plans are paid upfront for 12 months and renew for another 12 months unless you cancel before the renewal date. We will remind you at least 30 days before renewal. If you cancel a yearly plan, the cancellation takes effect at the end of the year you have paid for. You keep access until then, and we don’t refund the remaining months (see section 6.8).

7.3 Enterprise

Enterprise runs for the term in your Order Form (usually 12 months) and renews as the Order Form says.

7.4 Changing plans

You can upgrade at any time; upgrades take effect straight away. Downgrades take effect at the start of your next billing period, which for yearly plans is your renewal date. Downgrading may switch off features and reduce how much report history you can see; your underlying data is kept for the retention period in section 11.

7.5 No lock-in or early termination fee

There is no early termination fee on self-serve plans. Hardware finance, if you take it, and the payment provider agreement may have their own terms.

8. Hardware

8.1 Buying hardware

Hardware you buy from us becomes yours when it is paid for in full. Risk of loss passes to you when it is delivered to your nominated address.

8.2 Pre-enrolment

Hardware ships pre-enrolled to your venue. You must not remove the device management profile while the device is used with APOS.

8.3 Warranty

Hardware comes with the manufacturer’s warranty, usually 12 months, which we will help you claim. This is in addition to your rights under the Australian Consumer Law.

8.4 Faulty on arrival and returns

Tell us within 7 days if hardware arrives damaged or faulty and we will replace it. Unused hardware in its original packaging can be returned within 30 days of delivery for a refund, less shipping.

8.5 Your own devices

You may use Android tablets you already own if they meet our published minimum specification. We can’t guarantee performance, security updates or support on devices that don’t.

8.6 Payment terminals

Payment terminals supplied by our payments partner are covered by the payment provider agreement, including any rules about returning them.

8.7 Disposal

Before you sell, give away or recycle a device, sign out of APOS and remove it from your account in APOS Portal so its local data is wiped.

9. Payments and the payment provider agreement

9.1 APOS Payments

APOS Payments lets you take card payments through APOS Register and payment terminals. Card payments are processed by our licensed payments partner, not by APOS. APOS is a technology provider. We are not a bank, payment processor or payment facilitator, and we do not hold your funds.

9.2 The payment provider agreement

To use APOS Payments you must apply to, be approved by and accept a separate agreement with our payments partner (the “payment provider agreement”, often called a merchant agreement). It covers identity and business checks, settlement to your bank account, card fees, refunds, chargebacks, reserves, card scheme rules and security. The payments partner decides whether to approve you.

9.3 Sharing information with the payments partner

You authorise us to share your application, business, transaction and account information with our payments partner so it can assess and support you, and to receive information from it about your payments, settlements and chargebacks.

9.4 Card rates

Card rates and payment fees are set out in your payment provider agreement or quote.

9.5 Surcharging, tipping and receipts

You decide whether to apply card surcharges, public holiday surcharges or service charges, and you are responsible for complying with the law and card scheme rules on them, including the Reserve Bank of Australia surcharging standard and the Australian Consumer Law requirement to disclose surcharges clearly. You decide how tips are shared with your staff, in line with workplace laws.

9.6 Other payment providers

If you connect another payment provider, your agreement with that provider governs those payments and we are not responsible for its services.

9.7 Offline card payments

See section 15.

10. Your responsibilities

You must:

use the Services lawfully and only for genuine transactions for your own business;
comply with the laws that apply to your venue, including food safety, liquor licensing and responsible service of alcohol, workplace, consumer, privacy, spam and tax laws;
keep your menu prices, descriptions, allergen information and surcharges accurate and up to date;
follow the Acceptable use policy in Schedule 2;
treat our team with respect: we may end the agreement if anyone at your business threatens, harasses or abuses our staff;
cooperate with any investigation into fraud, security incidents or card scheme fines related to your account, and cover fines caused by your breach of card scheme rules.

11. Your data, guest data and privacy

11.1 You own your data

Your menus, sales, staff records, floor plans, guest information, bookings and other content you put into APOS (“Your Data”) belong to you. You give us a limited licence to host, copy, process, transmit and display Your Data only as needed to provide, secure, support and improve the Services, and as these Terms allow.

11.2 Guest data

For personal information about your guests and staff, you decide what is collected and why, and we process it on your behalf under the Data processing terms in Schedule 1. You must:

have a privacy policy that explains how you use APOS and guest information;
collect, use and disclose personal information lawfully, including getting consent for sensitive information such as allergies and for marketing;
respond to your guests’ and staff members’ privacy requests, with our help where needed.

11.3 Sharing within your company

If your Company has more than one Place, you choose whether Places share one guest record. Places owned by different companies never see each other’s guest information.

11.4 De-identified and aggregated data

We may create de-identified and aggregated data from the Services that does not identify you, your venues or any person, and use it to run and improve APOS, build benchmarks and publish industry insights. We own that de-identified data.

11.5 Our own information

We handle personal information about you and your Registered Users for our own purposes (such as billing and support) under our Privacy Policy.

11.6 Security

We maintain appropriate technical and organisational security measures, described in Schedule 1. You must maintain reasonable security at your venue, including device passcodes, PIN hygiene and secure Wi-Fi.

11.7 Data breaches

If we become aware of a breach affecting Your Data, we will tell you without undue delay and in any case within 72 hours, give you the information we reasonably can, and help you assess whether it is an eligible data breach under the Notifiable Data Breaches scheme.

11.8 Data location

Your Data is hosted in Australia. Some service providers may process limited data overseas, as set out in our Privacy Policy.

12. Guest-facing features

12.1 You are the seller

When guests book, order or pay through APOS, the sale or booking is between you and your guest. We provide the technology and are not a party to it. You are responsible for your food, drinks, service, pricing and refunds.

12.2 Bookings, deposits and no-show fees

You set your booking, deposit, card hold, cancellation and no-show policies. APOS shows your policy to guests before they book. You decide whether to charge a cancellation or no-show fee, and the fee must be a genuine and reasonable pre-estimate of your loss. You handle refunds and disputes with guests. We do not charge cover fees.

12.3 Waitlist and quoted times

Wait times and predicted table times are estimates. Don’t present them to guests as guarantees.

12.4 Ordering

For QR, online and pickup orders, you must display accurate prices, surcharges and allergen information and honour orders you accept.

12.5 Gift cards, loyalty and offers

If you sell gift cards or run loyalty programs or offers through APOS, you set their terms and must comply with the law, including the Australian Consumer Law rule that most gift cards sold to consumers have an expiry period of at least 3 years. You remain responsible for honouring them if you stop using APOS.

12.6 Reviews and feedback

You must not offer incentives for positive reviews, post reviews of your own venue or competitors, or suppress genuine negative feedback in a misleading way.

12.7 Guest terms

Guests who use APOS-powered booking, ordering or payment pages agree to our Guest and Registered User Terms, which make clear that you, not APOS, are responsible for your venue’s services.

13. Messaging and calls

13.1 Marketing messages

You are the sender of marketing emails and texts you send through APOS. They must comply with the Spam Act 2003 (Cth): you must have consent, identify your business and include a working unsubscribe option. APOS adds an unsubscribe link and processes opt-outs automatically.

13.2 Transactional messages

Booking confirmations, reminders, waitlist alerts and receipts are sent on your behalf as part of the Services.

13.3 SMS packs

SMS packs are used up as messages are sent and are not refundable once used. Unused SMS credit expires 12 months after purchase. Delivery depends on mobile networks, and we can’t guarantee every message arrives.

13.4 Voice AI host and call recording

If you use the Voice AI host, calls to your venue may be answered by AI and recorded. You must let callers know at the start of the call, using the greeting APOS provides or your own, and comply with call recording and telemarketing laws that apply in your state or territory, including the Do Not Call Register Act 2006 (Cth) for any outbound calls.

14. APOS AI

14.1 What APOS AI does

APOS AI features include menu scanning, auto-tags, guest insights, predicted table times, drafted review replies and the Voice AI host. They generate suggestions automatically and can be wrong.

14.2 Your review

You must review AI output before relying on it, publishing it or sending it to guests. Don’t use AI features to make decisions that significantly affect a person, such as refusing service, without a person at your venue reviewing the decision.

14.3 Allergens

AI-scanned menus and allergen suggestions must be checked by your team. You remain responsible for allergen information and kitchen procedures.

14.4 How we use data for AI

We use Your Data to provide AI features to you. We do not use personal information in Your Data to train AI models that are shared with other merchants, and we require our AI service providers not to train their models on it.

15. Offline trading and the venue network

15.1 How it works

APOS devices connect over your venue’s own network and keep trading when the internet drops. Orders, payments and changes sync to the cloud in order when the connection returns.

15.2 Offline card payments

If you switch on offline card payments, cards can’t be checked with the bank at the time of sale and some may later be declined. Declined offline payments are your risk. We recommend setting a per-transaction and total offline limit in APOS Portal.

15.3 Keep devices online

Reconnect devices to the internet as soon as possible so payments and data sync. Data on a device that is lost, reset or damaged before it syncs may be lost.

16. Integrations and third parties

You can connect APOS to third-party services such as accounting, payroll and delivery platforms. They are provided under their own terms and we are not responsible for them. When you connect one, you authorise us to exchange the data needed for the integration. We may change or end an integration if the third party changes or ends its service, and will give you as much notice as we reasonably can.

17. Support, updates and availability

17.1 Support

We provide support through the channels and hours listed for your plan on our pricing page. Enterprise support and service levels are set out in Schedule 3 or your Order Form.

17.2 Updates

We update APOS regularly. Device updates are held while a device has open orders or payments that have not synced, and we schedule major updates outside peak trading hours where possible.

17.3 Changes to features

We may improve, add or change features. If we remove a feature that is a material part of your paid plan, we will give you at least 30 days’ notice and you may cancel and receive a pro-rata refund of prepaid Fees.

17.4 Availability

We aim to keep cloud services available 24 hours a day but don’t promise they will be uninterrupted or error-free. We give notice of planned maintenance where possible.

17.5 Remote access

With your permission, our support team may access your account or devices remotely to help you. Access is logged.

18. Coming soon and beta features

Features marked “Coming soon”, “beta” or “preview” are not part of your plan until released, may change or be withdrawn, and are provided as they are. We may ask for feedback on them.

19. Intellectual property

19.1 Ours

APOS, its software, designs, documentation and brand are owned by us or our licensors. These Terms give you only the right to use the Services.

19.2 Feedback

If you give us ideas or feedback, we may use them freely without any obligation to you.

19.3 Your brand

You give us permission to show your business name and logo in APOS (for example on booking pages and receipts). We will only name you as a customer in our marketing, or publish a case study, with your consent.

20. Confidentiality

Each of us must keep the other’s confidential information secret, use it only for this agreement and share it only with people who need to know it and are bound to keep it confidential. This does not apply to information that is public, that was already known, that is independently developed or that must be disclosed by law. Where the law allows, we will tell you before disclosing your confidential information to a regulator or court.

21. Australian Consumer Law and warranties

21.1 Your rights under consumer law

Nothing in this agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term, implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded or limited (“Non-Excludable Rights”).

21.2 Major and other failures

Where the Australian Consumer Law gives you rights for a major failure of the Services, you may cancel and receive a refund of prepaid Fees for the unused period. For a failure that is not major, we will fix it within a reasonable time; if we don’t, you may cancel and receive a refund for the unused period. Any other remedy is subject to section 21.4 to the extent the law allows.

21.3 Our warranty

We warrant that the Services will perform materially as described in our published documentation for your plan. If they don’t, tell us and we will fix the problem; if we can’t within a reasonable time, you may cancel and receive a pro-rata refund of prepaid Fees.

21.4 Limits

Subject to your Non-Excludable Rights, we give no other warranties, and where we may limit our liability for breach of a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying for them to be supplied again, or repairing or replacing the goods.

22. Limitation of liability

Subject to section 21 and section 22.4:

22.1 Indirect loss. Neither of us is liable for indirect or consequential loss, or for loss of profits, revenue, data or goodwill, however caused.
22.2 Cap. Each party’s total liability arising out of or in connection with this agreement is limited to the greater of the Fees you paid us in the 12 months before the event giving rise to the claim and A$500.
22.3 Data incidents. Our total liability for loss of, damage to or unauthorised access to Your Data is limited to two times the Fees you paid us in the 12 months before the event, or A$5,000 if that is more.
22.4 Exceptions. The limits in 22.2 and 22.3 don’t apply to your obligation to pay Fees, either party’s liability for fraud or wilful misconduct, liability for personal injury or death caused by negligence, or your indemnity in section 23.1.
22.5 Things we are not responsible for. We are not liable for loss caused by: the acts or omissions of our payments partner, card schemes or banks; third-party services and integrations; internet, mobile or power outages outside our control; offline card payments that are later declined; menus, prices, allergen information or other data entered by you or your staff; food safety or allergic reaction incidents at your venue; or decisions you make based on APOS AI output, except to the extent the loss is caused by our breach or negligence.
22.6 Service credits. For Enterprise customers, service credits under Schedule 3 are your sole remedy for availability below the target, subject to your Non-Excludable Rights.
22.7 Reducing loss. Each party must take reasonable steps to reduce its loss, and the other party’s liability is reduced to the extent that the first party caused or contributed to the loss.

23. Indemnities

23.1 Your indemnity

You indemnify us against third-party claims, fines and penalties arising from your breach of this agreement or the law, your dealings with your guests, the content and messages you send through APOS, or card scheme fines caused by your breach, except to the extent caused by our breach or negligence.

23.2 Our indemnity

We indemnify you against third-party claims that your authorised use of the Services infringes their intellectual property rights. If such a claim is made, we may change the Services so they don’t infringe, get you the right to keep using them, or end the affected Service and refund prepaid Fees for it.

23.3 Process

The party seeking indemnity must tell the other promptly, let it control the defence and cooperate reasonably, and must not settle without consent.

24. Suspension and termination

24.1 Suspension

We may suspend all or part of the Services if:

Fees are more than 30 days overdue after we have sent a reminder;
we reasonably believe your account is being used fraudulently or unlawfully, or in a way that threatens the security of the Services or other customers;
our payments partner, a regulator or a court requires it.

Except in an emergency, we will give you notice and a chance to fix the problem first. We will lift the suspension as soon as the problem is fixed. You can still export Your Data while suspended unless the law prevents it.

24.2 Termination for breach

Either party may end the agreement by notice if the other seriously breaches it and does not fix the breach within 30 days of being asked, or immediately if the breach can’t be fixed. If you end it because of our breach, we refund prepaid Fees for the unused period. If we end it because of your breach, prepaid Fees are not refunded and unpaid Fees become payable.

24.3 Insolvency

Either party may end the agreement if the other becomes insolvent, to the extent the law allows.

24.4 Termination by us for convenience

We may end the agreement for any reason by giving at least 90 days’ notice and refunding prepaid Fees for the unused period.

24.5 Termination by you

You may cancel as described in section 7.

25. What happens when the agreement ends

Your right to use the Services ends and devices sign out of APOS.
Unpaid Fees become payable.
You can export Your Data in standard formats from APOS Portal for 60 days. After that we delete or de-identify it, except where the law requires us to keep it (for example tax records for 7 years).
Sections that by their nature should continue, including 6, 11, 19 to 23, 25, 28 and 29, continue.

26. Launch Partner Program

If we accept you as a Launch Partner:

you receive the first 3 months of your Essential or Premium plan free;
your plan price is locked for two years from the end of the free period, as long as you stay on that plan or upgrade, pay on time and keep using APOS Register as your point of sale;
add-ons, SMS packs, hardware and card fees are charged at normal rates;
we may ask for feedback, a short case study or a review; you can decline;
the price lock ends if you cancel, downgrade or stop using APOS Register as your point of sale.

The program is initially for venues running APOS Register as their point of sale. Places are limited and we decide who is accepted.

27. Changes to these terms

We may update these Terms as APOS grows. We will give you at least 30 days’ notice of changes that materially affect you, by email and in APOS Portal. If a change materially disadvantages you, you may cancel without penalty before it takes effect and receive a pro-rata refund of prepaid Fees. Changes required by law or for security may take effect sooner. Changes never apply to a dispute that arose before them. Other changes need a written agreement signed by both of us.

28. Disputes and governing law

28.1 Talk first

If a dispute arises, either party may give written notice describing it. Senior people from each side will try in good faith to resolve it within 30 days.

28.2 Mediation

If it isn’t resolved, either party may refer it to mediation administered by the Resolution Institute, with costs shared equally.

28.3 Courts

If mediation does not resolve the dispute within 60 days, either party may start court proceedings. Nothing stops a party seeking urgent interim relief from a court at any time.

28.4 Governing law

This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

29. General

Notices. We send notices by email to your account owner and in APOS Portal. You send notices to partnersupport@aposgo.com.au. An email is received when it enters the recipient’s mail server, unless the sender receives a delivery failure.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, pandemics, war, cyber attacks on third-party infrastructure, or widespread power, internet or mobile outages. The affected party must tell the other and resume as soon as possible. This does not excuse payment obligations.
Assignment. You may not transfer this agreement without our consent, which we won’t unreasonably withhold. If you sell your venue, the buyer must open its own account; we can help transfer menus and settings with both parties’ consent. We may transfer this agreement to a buyer of our business with notice to you.
Subcontractors. We may use subcontractors and service providers and remain responsible for them.
Relationship. Nothing creates a partnership, joint venture, employment or agency relationship.
Whole agreement. This agreement is the whole agreement about its subject and replaces earlier understandings.
Severability and waiver. If a provision is unenforceable it is read down or severed and the rest continues. A failure to enforce a right is not a waiver.
Third parties. Only you and we can enforce this agreement.
Sanctions. You confirm that you, your owners and your business are not subject to Australian or United Nations sanctions, and you must not use the Services for anyone who is.

30. Definitions

APOS Portal means the web portal for managing your account, venues, menus, guests and reports.
Company means a business account that can hold one or more Places.
Fees has the meaning in section 6.1.
Guest means a customer of your venue.
Order Form means a written order or quote for the Services signed or accepted by both parties.
Place means one venue with its own menus, floor plan and devices.
Registered User means a person you allow to use APOS for your business.
Services has the meaning in section 1.2.
Your Data has the meaning in section 11.1.

Schedule 1: Data processing terms

This schedule applies when we handle personal information on your behalf (“Merchant Personal Information”), such as guest and staff information in APOS.

Instructions. We process Merchant Personal Information only to provide the Services, as you instruct through your use and settings, and as the law requires.
Confidentiality. Our people who can access it are bound by confidentiality and access it only as needed.
Security. We use encryption in transit and at rest, role-based access, multi-factor authentication for our staff, encrypted local storage on devices, activity logs, backups and regular security testing.
Sub-processors. We use service providers (sub-processors) for hosting, messaging, support and AI processing. We list them on request and will give 30 days’ notice of a new sub-processor; you may object on reasonable grounds.
Overseas. Merchant Personal Information is hosted in Australia. Where a sub-processor handles it overseas, we take reasonable steps to make sure it is protected consistently with the Australian Privacy Principles.
Assistance. We help you respond to access, correction and deletion requests and to assess and notify data breaches.
Breaches. We notify you of a breach affecting Merchant Personal Information without undue delay and within 72 hours of becoming aware of it.
Deletion. At the end of the agreement we delete or de-identify Merchant Personal Information after the 60-day export window, unless the law requires us to keep it.
Audit. Enterprise customers may request our latest security summary once a year.

Schedule 2: Acceptable use policy

You must not, and must not let anyone else:

use the Services for anything illegal, fraudulent, deceptive or harmful, including money laundering, processing payments for another business, or selling goods you are not licensed to sell;
copy, modify, resell, sublicense or reverse engineer APOS, or try to get its source code, except where the law allows;
test the security of, probe, overload or interfere with the Services without our written permission;
get around usage limits, device limits or access controls;
scrape the Services, or use automated tools or AI agents to access them, other than through our published APIs;
use APOS content to train AI models, or use the Services to build a competing product;
upload malware or content that is unlawful, defamatory, discriminatory or infringes someone else’s rights;
send spam or messages without the consent the law requires;
use guest information for purposes your guests would not reasonably expect, or sell it;
store full card numbers or card security codes in APOS notes or fields.

Schedule 3: Service levels for Enterprise

Availability target. 99.9% monthly availability for APOS cloud services, excluding planned maintenance and events outside our control. Trading on the venue network continues during cloud outages.
Response times. Priority 1 (venue cannot trade): 30 minutes, 24/7. Priority 2 (major feature unavailable): 2 hours during trading hours. Priority 3 (other issues): next business day.
Service credits. If availability falls below the target in a month, you may claim a credit of 5% of that month’s Fees for each 0.5% below target, up to 25%. Service credits do not limit your Non-Excludable Rights.

Contact

Applause Technology Pty Ltd · ABN 23 613 658 763 · ACN 613 658 763 · partnersupport@aposgo.com.au