SumUp Kiosk Terms

Effective 16 January 2023

Note: Please print a copy of this document and retain it for future reference.

By using SumUp’s Kiosk service as described herein below ("Kiosk Service", “SumUp Kiosk” or the “Software”), you agree to be bound by SumUp’s General Terms, these Kiosk Terms, and all other terms and policies applicable to specific Services that you may use. These Kiosk Terms are Additional Terms and, with the General Terms and the Payment Terms, are part of the legal agreement between you (“Merchant”, “your”) and SumUp Payments Limited (“SumUp”, “we”, “us”, “our”). Unless otherwise defined herein, capitalised terms have the same meaning as in the General Terms.

1. Kiosk Service

SumUp Kiosk is a self-ordering point-of-sale (POS) terminal that enables Merchant’s end customers (“Customer(s)”) to place their orders and make card payments. For the avoidance of doubt, SumUp Payment Services are separate services provided by SumUp along with the Kiosk Service.

SumUp Kiosk comprises an end-user software application owned by SumUp providing a touch screen interface that guides Customers through the various tasks that can be performed (SumUp Kiosk Application). These tasks include accessing Merchant’s digital catalogue of items presented on the screen, ordering of items, check-out and redirecting to card payments through SumUp Payment Services. An order is considered completed via SumUp Kiosk when the Customer has paid it via SumUp Payment Services. Once a Customer has placed an order, the latter will be required to collect the ordered items directly from the Merchant at the location specified in the SumUp Kiosk Application (the “Pick-up Location”). The hardware along with the Android operating system on which SumUp Kiosk is deployed (together referred to as the “Hardware”) can be purchased from our SumUp Shop. SumUp’s Terminal Purchase Terms shall apply to your purchase of the Hardware. Please see Section 6 for more details about the Hardware.

The Software may enable the Merchant to link to, or otherwise access applications, or create integrations with other services, including but not limited to point-of-sale systems and services (“Integration”).

“Dashboard” shall refer to the software operating a platform-based dashboard allowing the Merchant to remotely customise the locations of the Hardware embedding SumUp Kiosk and the items to be presented to Customers through SumUp Kiosk, manage the Integration, and monitor the orders processed through SumUp Kiosk. The Dashboard is accessible through the SumUp App and Merchant’s SumUp Account.

2. Your responsibilities

You warrant that your use of our Kiosk Services will comply with all applicable laws and regulations, including consumer and related laws. We are not liable for your non-compliance with any laws or regulations and you will hold harmless and indemnify SumUp against any and all loss, cost, damages or liabilities which SumUp may incur or sustain as a result of your non-compliance. We do not warrant, endorse, guarantee, or assume responsibility for goods or services that you may offer on the Kiosk or for claims made against you.

In particular, you agree that you are solely responsible for the following in connection with your use of the Kiosk Services:

  1. fulfilling and delivering all goods and services ordered by your customers;

  2. comply with all information obligations towards your customer that are required by law

  3. providing your customers with an adequate return and refund policy, if required by applicable laws;

  4. handling all complaints, inquiries, comments, and claims related to goods and services you offer;

  5. fulfilling your tax obligations related to the sale of goods and services; and

  6. providing your customers with a complete and accurate description of the goods or services offered, customer service contact, customer data protection policy and all other legally required information to be provided to customers in the relevant jurisdiction.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Kiosk Services, or use or access to the Kiosk Services, without express written permission from us.

3. Rights of use

SumUp grants you for the territory where you offer your products and services via Kiosk a limited, non-exclusive, non-sublicensable, non-transferable and revocable right during the term of your subscription period to access, use and, as applicable, install and run the Software, and its accompanying documentation, as part of the Kiosk Service as made available by us in accordance with this Kiosk terms and any additional Use restrictions (including any limitations on the number of authorised users identified by your administrator and approved by us).

4. Updates

You acknowledge that the Software consists of subscription-based products and that SumUp may make changes to the Software from time to time. From time to time, SumUp may make available to you updates, bug fixes, upgrades, patches and/or new versions of the Software (collectively, “Updates”). You agree to promptly install such Updates when they become available to you. You acknowledge and agree that SumUp is permitted to install such Updates to the Software without prior notice to you. You understand and agree that Updates may include necessary functionality and/or fixes to protect the security of the Software and that your failure to promptly install such Updates may compromise your ability to use the Software and/or result in the disabling of your access to the Kiosk Service. SumUp shall have no liability to you for any loss or damage resulting from your failure to timely accept such Updates, or as a result of SumUp’s installation of such Updates. You acknowledge and agree that you are responsible for ensuring that all Updates have been installed, regardless of whether such Updates are installed by you or by SumUp.

5. Ownership

You acknowledge that the Software and all specifications, documentation, systems, information, data, documents, materials, designs, plans, works, content, devices, methods, processes, software (including application program interfaces (“APIs”)) and other technologies that are provided or made available in connection with, or that otherwise comprise or relate to, the Software and all improvements, enhancements or modifications thereto or derivative works thereof (all of the foregoing, collectively, the “SumUp Materials”), are the sole property of SumUp or our licensors. As between us and you, ownership and title to (i) the SumUp Materials; (ii) any software, applications, inventions or other technology or materials developed or delivered in connection with the Kiosk Service; and (iii) all intellectual property rights related to any of the foregoing (as well as all intellectual property rights in the Software) shall remain with us. The Software is made available to you under license for the authorized use, and are not sold to you, and you have no intellectual property rights therein, other than the limited rights expressly granted hereunder. You acknowledge that SumUp holds all right, title, and interest in and to all tangible and intangible intellectual property contained in the SumUp Materials, including all trade secrets, copyrights, and other intellectual property rights pertaining thereto. You have only the limited revocable right to use the SumUp Materials, during the term of your subscription period. All rights not expressly granted herein are reserved to SumUp. Ownership and title to your data shall remain with you.

6. Third Party Materials

The Dashboard may enable the Merchant to link to, transmit data to or otherwise access applications, websites, specifications, documentation and systems and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software (including APIs) and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided by you or a third party (and are nonproprietary to us) and that interoperate with the Software, including the Hardware on which the Software is deployed (“Third Party Materials”). Except to the extent otherwise expressly set forth in these Kiosk Terms, we do not control and are not responsible for Third Party Materials. You acknowledge that (i) the nature, type, quality and availability of Third Party Materials may change at any time and (ii) features of the Software that interoperate with Third Party Materials depend on the continuing availability of APIs for use with the Software. We may update, change or modify the Software as a result of a change in, or unavailability of, Third Party Materials, including APIs. If any third party ceases to make its Third Party Materials, including APIs, available on reasonable terms for the System, as determined by us in our sole discretion, we may cease providing access to the affected Third Party Materials without any liability to you. Any changes to Third Party Materials, including APIs (including their availability or unavailability), does not affect your obligations under this Agreement, and you will not be entitled to any refund, credit or other compensation due to any such changes (except as otherwise expressly agreed by the parties in writing). In addition, any Third Party Materials not embedded in the Software may be subject to separate license agreements or terms directly between you and the third party licensor. You agree to, and will take all actions necessary or required by such third party licensor in connection with, any such third party agreements or terms. Except as expressly stated otherwise in these Kiosk Terms, (i) we are not responsible for providing any Third Party Materials to you and (ii) licenses, warranties and support for Third Party Materials, if any, will be given by the relevant third party licensors in their license agreements, and not by us. For Third Party Materials embedded in the Software, if any, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable sublicense to use such Third Party Materials, solely as embedded in the Software, solely to the extent necessary and for the purpose to properly use the Software in accordance with these Kiosk Terms.

You agree that the title, risk and responsibility for all Third Party Materials, including hardware or equipment necessary to run the Kiosk Service, purchased by you from third parties shall belong to you. It is further clarified that SumUp shall not be liable for any loss or damage that occurs to any of the Third Party Materials, including hardware or equipment during the terms of your subscription.

7. Customer Data

The Software does not process or store any data provided by Customers (“Customer Data”). For the avoidance of doubt, payment data or information about transactions related to the Kiosk Service are not processed or stored through SumUp Kiosk or the Dashboard.

8. Fees

The use of the Kiosk Service will be offered on a subscription basis. You may subscribe for a monthly or yearly subscription plan (“Subscription Plan”).

When you become a Kiosk Service user, you will pay us a monthly or yearly subscription fee (“Subscription Fee”). Payment of monthly or yearly Subscription Fee is made automatically by credit card (e.g. Visa, MasterCard) that you provided to us during sign up of the Kiosk Service. Furthermore, since you will continue to use other Services (such as the Payment Services) through your SumUp Account, as usual, you will pay us Fees that we will apply to you for the use of our Services and which will be deducted from your Wallet when making Payment Transactions or otherwise deducted from your Wallet where you owe them to us. The current Fees applicable to the Subscription Plan are available on our website/ Fee Schedule.

9. Restrictions

You must comply with all restrictions imposed by our General Terms and these Kiosk Terms in relation to your use of the Kiosk Service. You further agree not to use the Kiosk Service for goods, services or business activities that are (a) illegal or potentially illegal (including counterfeited, stolen, or fraudulent ones), or (b) are not compliant with all applicable laws or regulations (including, without limitation consumer protection laws, product safety laws, intellectual property laws, and trade regulations and export controls).

SumUp may at its sole discretion decide whether your use of the Kiosk Service violates any restrictions imposed under the General Terms, the Payment Terms, or these Kiosk Terms. We retain the right to suspend or terminate your Account and/or your access to the Kiosk Service if we determine, or reasonably suspect, that a violation has occurred.

10. Our liability

The Merchant acknowledges and agrees that Software can not always be entirely free from bugs.

In addition to what is stated elsewhere in the General Terms and these Kiosk Terms, SumUp has no obligation to prevent and bears no liability for any service failure, fraud or loss associated with the Kiosk Service. SumUp makes no warranties, express or implied, with respect to the Kiosk Service and disclaims any warranty to the fullest extent possible, specifically regarding the reliability, availability and timeliness of the Kiosk Service.

You release SumUp (and its affiliates, officers, directors, employees and agents) from any and all claims connected with any disputes with customers related to the purchases through the Kiosk, or your non-compliance with any applicable regulatory requirements including any information obligations you might have towards your customer and which you might have not fulfilled (e.g. Allergen information).

11. Cancellation or Termination

The Kiosk service is offered as a subscription. The subscription can be terminated by you without a period of notice at the end of the respective month or year, depending on which duration you have chosen. The termination can be declared in text form via email to [email protected]. If you do not terminate the subscription in time, the subscription period will renew automatically for a subscription period that corresponds to the period of your booked subscription. Please note that there will be no refund of monthly or annual subscriptions in the event of early termination by you.

In addition to what is stated elsewhere in the General Terms and these Kiosk Terms, we may terminate these Kiosk Terms without prior notice to you if we determine that (a) your use of the Kiosk Service or the products and/or services you offer for sale constitutes an activity listed as a Restricted Business on our Website or (b) your activities or actions are damaging or may damage our image or reputation or the image or reputation of a Network or Acquiring Partner (c) you breach any term or condition of these Kiosk Terms; (d) we have reason to believe that you are in breach of any law or regulation that applies to your use of our Services; (c) we have reason to believe that you are in any way involved in fraudulent activity, money laundering, terrorist financing or any other criminal activity; (e) you pose an unacceptable credit or fraud risk to us; (f) we are required to do so by regulatory or law enforcement authorities; or (g) we have reason to believe that your SumUp Account has been compromised or otherwise poses a security risk. If the monthly Subscription Fee can not be debited in time from the credit card or the bank account, e.g. because of insufficient account coverage, your access to SumUp Kiosk will be immediately blocked. Upon receipt of payment, access to SumUp Kiosk will be released.