1. Agreement
These Terms of Service (“Terms”) govern access to and use of the websites, software, point-of-sale platform, online ordering, integrations, and related services (the “Services”) provided by NKS POS (“NKS,” “we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization, and “you” includes that organization.
2. The Services
NKS provides restaurant operations software and related cloud services, which may include point of sale, online ordering, reporting, device management, support tools, and third-party integrations (such as marketplaces or accounting systems like QuickBooks Online when you connect them). Features may vary by plan, location, and configuration.
3. Accounts & access
- You must provide accurate account and business information and keep it updated.
- You are responsible for safeguarding credentials and for activity under your accounts.
- Organization admins control who can access stores and data. You are responsible for your users’ compliance with these Terms.
- We may suspend or terminate access for security risks, unpaid fees, or material violations of these Terms.
4. Your data & responsibilities
You retain ownership of menus, store configuration, employee records, and other content you submit (“Customer Data”). You grant NKS a non-exclusive license to host, process, transmit, and display Customer Data as needed to provide and improve the Services and as described in our Privacy Policy.
You are responsible for:
- The legality of Customer Data and your use of the Services;
- Tax, labor, tip, and other compliance obligations in your jurisdictions;
- Obtaining any consents required for guest data, marketing, or recordings (including call/voicemail features you enable);
- Configuring integrations and reviewing data shared with third parties you connect.
5. Acceptable use
You will not:
- Misuse the Services, attempt unauthorized access, or disrupt service integrity;
- Reverse engineer the Services except where such restriction is prohibited by law;
- Use the Services for unlawful, infringing, or fraudulent activity;
- Resell or sublicense the Services except as expressly permitted in writing;
- Upload malware or content that violates others’ rights.
6. Fees & payment
Paid plans, hardware, and add-ons are subject to the pricing and billing terms presented at purchase or in your order form. Fees are generally non-refundable except as required by law or expressly stated otherwise. Late amounts may accrue interest or result in suspension. You are responsible for applicable taxes unless you provide a valid exemption certificate.
7. Third-party services
The Services may interoperate with third-party products (payment processors, marketplaces, delivery, accounting, email, and similar). Those services are governed by their own terms. NKS is not responsible for third-party outages, policies, or data handling once you authorize a connection.
8. Intellectual property
NKS and its licensors own the Services, software, branding, and documentation. These Terms do not grant you any rights to our trademarks except as needed to identify your use of the Services. Feedback you provide may be used by NKS without restriction or obligation.
9. Confidentiality
Each party may receive non-public information from the other. The receiving party will use reasonable care to protect that information and use it only for performing under these Terms, except for information that is public, independently developed, or required to be disclosed by law.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NKS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NKS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO NKS FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
12. Indemnification
You will defend and indemnify NKS against claims, damages, and expenses arising from your Customer Data, your use of the Services in violation of these Terms or law, or your products and guest-facing offerings.
13. Term & termination
These Terms apply while you use the Services. Either party may terminate for material breach if not cured within thirty (30) days after notice (or immediately for unpaid fees or egregious misuse). Upon termination, your right to use the Services ends. Sections that by nature should survive (including IP, disclaimers, liability limits, and indemnity) will survive.
14. Changes
We may modify the Services and these Terms. We will post updated Terms on this page and update the effective date. Continued use after changes become effective constitutes acceptance, except where additional consent is required by law.
15. Governing law
These Terms are governed by the laws of the State of New York, excluding conflict of law rules. Courts in New York will have exclusive jurisdiction, except that NKS may seek injunctive relief in any jurisdiction for IP or misuse claims.
16. Contact
Legal or terms questions: legal@nkspos.com or support@nkspos.com.