Terms of Use

1.1 Eligibility: You must be a registered business entity or an individual operating a business in Australia to use our Services.

1.2 Account Security: You are responsible for safeguarding your account credentials. MetricsPOS is not liable for any loss or damage arising from unauthorized access resulting from your failure to secure your account.

2.1 License Grant: MetricsPOS grants you a limited, non-exclusive, non-transferable, and revocable license to use our proprietary POS software, including omnichannel management, online ordering storefronts, and KDS modules, solely for your internal business operations.

2.2 Restrictions: You may not copy, modify, distribute, sell, or lease any part of our software. Reverse engineering or attempting to extract the source code of the software is strictly prohibited.

2.3 Updates: We may automatically install updates, security patches, or new features. These are designed to improve the software and are subject to these Terms.

3.1 Billing Model: Access to MetricsPOS software is provided on a strict monthly billing cycle. The specific fee structure—whether a fixed monthly subscription, a per-transaction usage basis, or a combination of both—will be dictated by the specific commercial agreement established between you and MetricsPOS at the time of sign-up.

3.2 Fees: You agree to pay all applicable fees as outlined in your customer agreement. Fixed subscription fees are generally billed in advance of the monthly cycle, while transaction-based fees are calculated and billed in accordance with your agreement.

3.3 Payment Processing: MetricsPOS may integrate with third-party payment gateways to facilitate features like split payments, self-service kiosks, and online storefront transactions. You are subject to the terms and conditions of those third-party processors. MetricsPOS does not hold or process customer funds directly.

3.4 Auto-Renewal: Your monthly agreement will automatically renew at the end of each billing cycle unless you cancel your service at least 30 days prior to the renewal date.

3.5 Taxes: All fees are exclusive of Goods and Services Tax (GST) unless otherwise stated.

4.1 Purchases: Any physical hardware (e.g., terminals, scales, bump bars, receipt printers, dual-screen setups) purchased directly from us is subject to a separate hardware agreement or invoice.

4.2 Installation & Setup: If we provide hardware installation services, you must ensure your premises are ready for setup, including having the necessary power and network infrastructure.

4.3 Compatibility: While we support integrations with specific third-party hardware, we do not guarantee compatibility with all unverified legacy hardware.

5.1 Storefront Operations: If you use MetricsPOS's online ordering storefront or omnichannel features, you are responsible for maintaining accurate menu information, pricing, and availability. MetricsPOS is not liable for errors arising from outdated or incorrect information you provide.

5.2 Third-Party Platforms: Integration with third-party delivery or ordering platforms (e.g., DoorDash, Uber Eats) is subject to those platforms' own terms and fees. MetricsPOS facilitates the connection but is not a party to those agreements.

6.1 Statutory Guarantees: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

6.2 Hardware Warranty: Hardware provided by MetricsPOS comes with a standard manufacturer's warranty against defects, aside from your rights under the ACL.

6.3 Software "As Is": Subject to the ACL, the software is provided on an "as is" and "as available" basis without any warranties of uninterrupted operation or total error-free performance.

7.1 Your Data: You retain ownership of all menu data, pricing, and customer information you input into the MetricsPOS system.

7.2 Privacy Act: We will collect, use, and store your personal and business information in accordance with our Privacy Policy and the Australian Privacy Act 1988 (Cth).

7.3 Aggregated Analytics: We may use aggregated and anonymized data derived from your usage of the platform (such as analytics and reporting features) to improve our Services.

8.1 To the maximum extent permitted by law, MetricsPOS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, revenue, or business interruptions, arising out of your use or inability to use the Services.

8.2 Our total liability for any claims under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Services in the month preceding the claim (or, if we choose, to supplying the Services to you again).

9.1 By You: You may terminate your monthly agreement by providing 30 days' written notice. No refunds will be provided for partial months.

9.2 By Us: We may suspend or terminate your account immediately if you breach any of these Terms, engage in fraudulent activity, or fail to pay your agreed monthly fees.

These Terms shall be governed by and construed in accordance with the laws of South Australia, and the federal laws of Australia where applicable. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Australia.

If you have any questions about these Terms, please contact us: