Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you and Black Mountain Software Systems Ltd, a company registered in England & Wales (Company No. 17076590) ("JadePos", "we", "us", "our"), governing your use of the JadePos electronic point-of-sale platform, website, and related services (together, the "Service").

Please read these Terms carefully before using JadePos. By creating an account, accessing, subscribing to, or using the Service, you agree to these Terms. If you do not agree to these Terms, you must not use the Service.

1. Definitions

• "Account" — the organisation account created when you register, including all staff user accounts created within it.
• "Customer Data" — all data you or your staff submit to the Service, including menus, product and pricing information, orders, order history, settings, and end-customer details such as names and phone numbers attached to orders.
• "End Customer" — a customer of your business whose details may be recorded in an order.
• "Subscription" — a paid or trial plan giving access to the Service subject to the limits of the plan you select.
• "Users" — the owner, admin, and staff accounts you authorise to access your Account.

2. Eligibility and Account Registration

The Service is provided for business and professional use only and is not intended for consumers. By registering you confirm that you are at least 18 years old, that you are acting in the course of a business, and that you have authority to bind that business to these Terms.

You must provide accurate and complete registration information and keep it up to date. You may not impersonate any person or business or use another person's credentials.

3. Account Security

• You are responsible for maintaining the confidentiality of all credentials associated with your Account and for all activity that occurs under it.
• You must ensure each member of staff uses their own user account and that access is removed promptly when staff leave your business.
• We strongly recommend enabling two-factor authentication, which is available free of charge in Settings.
• You must notify us without undue delay at support@blackmountaintech.co.uk if you suspect any unauthorised access to your Account.
• We may suspend an Account that we reasonably believe has been compromised, in order to protect you and other customers.

4. Subscriptions, Trials and Billing

• Access to the Service requires a Subscription. Plan features, limits (for example the number of staff accounts, terminals, or monthly orders), and pricing are described on our pricing page and may be updated from time to time.
• Where a free trial is offered, it converts to a paid Subscription at the end of the trial period unless you cancel before the trial ends.
• Subscription fees are billed in advance on a monthly or annual basis via our payment processor, Stripe. We do not store your full card details.
• Subscriptions renew automatically at the end of each billing period unless cancelled. You can cancel at any time from Settings or by contacting us; cancellation takes effect at the end of the current billing period.
• Except where required by law, fees already paid are non-refundable and no credit is given for partially used billing periods.
• We may change our prices with at least 30 days' notice. Price changes take effect at your next renewal; if you do not agree, you may cancel before the change applies.
• If a payment fails, we may retry it and notify you. If payment remains outstanding, we may downgrade, suspend, or restrict your Account after reasonable notice.
• All fees are exclusive of VAT unless stated otherwise.

5. Your Data

As between you and us, you own your Customer Data. You grant us a limited, non-exclusive licence to host, process, transmit, display, and back up Customer Data solely to the extent necessary to provide, secure, maintain, support, and improve the Service and to comply with law.

Where Customer Data includes personal data of End Customers (for example a name and phone number attached to an order), you are the data controller of that personal data and we act as your data processor. You are responsible for having a lawful basis to collect it and for responding to your End Customers' privacy requests. We process such data only on your instructions as described in our Privacy Policy.

We maintain appropriate technical and organisational measures to protect Customer Data, including encryption in transit, hashed credentials, organisation-level data isolation enforced at the database level, and access controls. No system is completely secure, and you acknowledge that you use the Service at your own risk to the extent permitted by law.

6. Acceptable Use

You must not, and must not permit any User to:

• use the Service for any unlawful, fraudulent, or misleading purpose;
• attempt to access data belonging to another organisation, probe or test the vulnerability of the Service, or circumvent any security or authentication measure;
• resell, sublicense, or make the Service available to third parties other than your own Users;
• reverse engineer, decompile, or copy any part of the Service except as permitted by law;
• upload malicious code or use the Service in a way that degrades it for other customers (including automated bulk requests);
• use the Service to store or process data you do not have the right to process.

We may suspend or terminate Accounts that breach this section. Where practical, we will notify you and give you an opportunity to remedy the breach first.

7. Availability, Support and Changes to the Service

• We aim to keep the Service available at all times but do not guarantee uninterrupted availability. Planned maintenance will be scheduled outside peak trading hours where reasonably possible.
• The Service depends on third-party providers (including hosting, payments, and email delivery); we are not responsible for failures of your internet connection, devices, or those third-party services.
• We may improve, modify, or discontinue features of the Service. If we discontinue a material feature of a paid plan, we will give you reasonable notice.
• Support is provided by email at support@blackmountaintech.co.uk.

Important: the Service is a sales and order-management tool. You remain responsible for your own compliance obligations as a business, including pricing accuracy, food safety information, receipts, taxation, and record keeping required by HMRC or other authorities.

8. Intellectual Property

We (and our licensors) own all intellectual property rights in the Service, including its software, design, and branding. These Terms do not transfer any of those rights to you. You receive only the limited right to use the Service while your Subscription is active. Any feedback you provide may be used by us without restriction or obligation.

9. Termination

• You may stop using the Service and cancel your Subscription at any time.
• We may suspend or terminate your access immediately if you materially breach these Terms, if required by law, or if your use presents a security risk to the Service or other customers.
• On termination, your right to access the Service ends. You may export your data before termination; on written request within 30 days of termination we will provide a copy of your Customer Data in a commonly used format.
• After termination we delete or anonymise Customer Data within 30 days, except data we are legally required to retain (see our Privacy Policy). Backup copies are overwritten on a rolling basis within a further 30 days.

10. Disclaimers

Except as expressly set out in these Terms, the Service is provided "as is" and "as available", and we exclude all implied warranties, conditions, and terms to the fullest extent permitted by law, including implied terms of satisfactory quality, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free or that data will never be lost — you should maintain your own records of critical business information.

11. Limitation of Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under the law of England and Wales.

Subject to that:

• we are not liable for loss of profits, revenue, business, goodwill, or anticipated savings, business interruption, or any indirect or consequential loss;
• our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the fees you paid to us for the Service in that period (or £100 if greater);
• we are not liable for losses caused by events outside our reasonable control.

12. Indemnity

You will indemnify us against claims, losses, and costs arising from (a) your Customer Data, including claims by End Customers that you lacked the right to process their personal data; (b) your breach of these Terms; or (c) your use of the Service in breach of applicable law.

13. Changes to these Terms

We may update these Terms from time to time. For material changes we will give you at least 30 days' notice by email or in-app notice. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree, you may cancel your Subscription before the changes take effect.

14. General

• These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.
• If any provision is found unenforceable, the remainder continues in force.
• A failure to enforce a provision is not a waiver of it.
• You may not assign these Terms without our consent; we may assign them as part of a business transfer.
• These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

15. Contact

Black Mountain Software Systems Ltd (Company No. 17076590), registered in England & Wales.
Email: support@blackmountaintech.co.uk