Terms of Service

These Terms of Service ("Terms") govern your access to and use of the LEMON point-of-sale and ordering platform, including any websites, mobile applications, dashboards, and related services we offer (collectively, the "Service"). By signing up for, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1The agreement

These Terms form a binding agreement between you and LEMON (referred to in these Terms as "we", "us", or "our"). They incorporate our Privacy Policy and any operational rules, fee schedules, or feature-specific terms we publish from time to time.

2Eligibility and accounts

• You must be at least the age of legal majority in your jurisdiction and capable of entering into a binding contract to use the Service.
• If you create an account on behalf of a business, you confirm that you are authorised to bind that business to these Terms.
• You are responsible for the accuracy of the information you provide and for keeping it up to date.
• You are responsible for safeguarding the credentials used to access your account and for all activity that occurs through your account.

3Subscriptions, fees, and billing

Use of the Service may be subject to subscription fees, which we publish on our website or within the Service. Unless stated otherwise:

• Subscription fees are billed in advance on a recurring basis and are non-refundable, except where required by law.
• Fees are exclusive of taxes, levies, and duties, which you are responsible for paying.
• We may change our prices from time to time. We will provide reasonable advance notice of any price change applicable to your account, and changes will take effect at the start of the next billing cycle.
• If a payment fails or your account becomes past due, we may suspend access to paid features until the balance is settled.

4Trial period

We may offer trial access to all or part of the Service. Trial access is provided "as is" and may be modified or discontinued at our discretion. At the end of a trial, your account will move to the applicable paid plan unless you have indicated otherwise.

5Your content and data

You retain ownership of the content and information you submit to the Service ("Your Content"), including business details, menus, photos, orders, and customer records you bring to the platform. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display Your Content solely to operate, maintain, secure, and improve the Service for you.

You are responsible for Your Content, including making sure that you have the rights to submit it and that it complies with applicable law. You should keep your own backups where appropriate.

6Acceptable use

You agree not to use the Service to:

• Violate any law, regulation, or third-party right.
• Process orders for goods or services that are illegal in your jurisdiction or in ours.
• Upload or transmit malicious code, spam, or unsolicited communications.
• Probe, scan, or test the vulnerability of the Service, or attempt to bypass any security or authentication measure.
• Interfere with or disrupt the Service, the servers or networks that host it, or other users' access to it.
• Reverse engineer, decompile, or otherwise attempt to derive the source code of the Service, except to the extent permitted by law.
• Use the Service to build a competing product or to benchmark it without our prior written consent.
• Misrepresent your identity or affiliation, or impersonate any other person or entity.

7Customer transactions

The Service helps merchants record sales and accept orders. Unless we expressly state otherwise for a particular feature:

• Merchants are solely responsible for the sale, delivery, quality, refunds, taxes, and any disputes related to their own transactions with customers.
• We are not a party to the sale and we do not act as the merchant of record.
• Where the Service displays payment instruments or facilitates payment information, the merchant remains responsible for ensuring the accuracy of those instruments and for handling payment outcomes.

8Service availability

We work to keep the Service available and performant, but we do not guarantee uninterrupted access. Planned maintenance, upgrades, and unplanned incidents may temporarily affect availability. We may modify, suspend, or discontinue any part of the Service at any time, and will give reasonable notice of material changes where practicable.

9Intellectual property

The Service, including its software, design, trade marks, logos, and documentation, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms. No other rights are granted by implication or otherwise.

10Feedback

If you choose to send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose, without any obligation to you.

11Suspension and termination

• You may stop using the Service at any time. Account closure is available from within the application or by contacting us.
• We may suspend or terminate your access if we reasonably believe you have breached these Terms, if your account presents a security or fraud risk, or if we are required to do so by law.
• We may also discontinue the Service in whole or in part, in which case we will give reasonable advance notice where practicable.
• Upon termination, your right to use the Service ends. We may delete account data after a reasonable period in line with our retention practices, except where law requires longer retention.

12Disclaimers

13Limitation of liability

To the maximum extent permitted by law, in no event will we, our affiliates, or our licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, or data, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.

Our aggregate liability arising out of or related to the Service in any twelve-month period will not exceed the greater of the amount you paid us for the Service during that period and a nominal sum equivalent to fifty United States dollars (or its local equivalent). Some jurisdictions do not allow certain exclusions or limitations, and in those jurisdictions our liability is limited to the maximum extent permitted by applicable law.

14Indemnity

You agree to defend, indemnify, and hold harmless LEMON and its affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: your use of the Service in violation of these Terms, Your Content, your business activities, or your violation of any law or third-party right.

15Third-party services

The Service may interoperate with third-party products and services that you choose to use. Your use of those third-party offerings is governed by their own terms and privacy practices, not ours. We are not responsible for any third-party offering and disclaim any liability arising from it.

16Confidentiality

Each party agrees to protect the other party's non-public information that is identified as confidential or that a reasonable person would understand to be confidential, using the same care it uses to protect its own confidential information, and at minimum a reasonable standard of care. This obligation does not apply to information that is or becomes publicly available without breach of these Terms, is independently developed, or is rightfully received from a third party without confidentiality obligations.

17Governing law and disputes

These Terms are governed by the laws of the Kingdom of Thailand, without regard to its conflict-of-law principles. The courts located in Bangkok, Thailand have exclusive jurisdiction over any dispute that is not subject to mandatory arbitration or other binding dispute resolution under applicable law. Where local consumer law gives you additional rights, nothing in these Terms limits those rights.

18Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date above and, where appropriate, give you additional notice within the Service. If you continue to use the Service after a change takes effect, you accept the updated Terms.

19Miscellaneous

• Entire agreement. These Terms, together with any documents they incorporate, form the entire agreement between you and us about the Service and supersede any prior agreements on that subject.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Severability. If any provision is held to be unenforceable, the remaining provisions will remain in full force.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms as part of a corporate transaction or to an affiliate.
• Notices. We may provide notices to you within the Service or to the contact details associated with your account.
• Force majeure. Neither party will be liable for failures or delays caused by events beyond its reasonable control.

20Contact

Questions about these Terms can be sent to legal@lemonpos.store.