Terms of Service

“Company”, “we”, “our”, and “us” mean Ecom Smartify LTD.

“Service” means the Ecom Smartify POS website, software, apps, dashboard, APIs, features, content, and related services.

“Customer”, “you”, and “your” mean the restaurant, business, organization, or person using the Service.

“Customer Data” means any data, content, records, menus, staff information, order information, inventory information, reservations, branch details, operational data, or other materials submitted to or generated in the Service by you or on your behalf.

You may use the Service only if you are legally capable of entering into a binding agreement and are authorized to act on behalf of the business registering for the Service.

If you use the Service on behalf of a company, restaurant, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms.

Ecom Smartify POS is a software-as-a-service platform built for restaurant and food businesses. The Service may include features such as order management, menu management, kitchen workflows, tables, billing, staff access, branch operations, analytics, inventory, and related functionality.

We may update, improve, remove, suspend, or modify features at any time, with or without notice, to improve the Service, comply with law, respond to security risks, or maintain system performance.

To access certain features, you must create an account and provide accurate, current, and complete information.

You are responsible for:

• maintaining the confidentiality of your credentials;
• all activity under your account and sub-accounts;
• assigning appropriate permissions to your staff and users;
• keeping your contact and billing information updated; and
• notifying us immediately if you suspect unauthorized access or a security incident.

We may refuse registration, suspend accounts, or reclaim access if we reasonably believe an account is fraudulent, abusive, insecure, unlawful, or in violation of these Terms.

We may offer a free trial for eligible new customers. Unless we state otherwise in writing, a free trial is available only to first-time customers and is limited to one trial per restaurant, business, owner, organization, payment source, phone number, email, domain, device, or other identifiers we reasonably use to prevent abuse.

We reserve the right to determine trial eligibility in our sole discretion, to withdraw or modify the trial offer at any time, and to deny or cancel any trial obtained through duplicate accounts, false information, or abusive behavior.

If your trial converts into a paid plan, billing will begin after the trial period ends unless you cancel before the trial expires.

Certain features require a paid subscription. By selecting a paid plan, you agree to pay all applicable fees, including subscription fees, branch or add-on fees, taxes, and any other charges clearly disclosed to you.

At this time, we accept payment through direct bank transfer to United Bank Limited (UBL) and, for certain Middle Eastern customers, through Payoneer. We may add or change payment methods, gateways, processors, or billing flows in the future.

All fees are non-refundable, except where required by applicable law or expressly agreed by us in writing.

If payment is late, incomplete, reversed, disputed, or rejected, we may suspend or limit access to paid features, refuse renewals, issue reminders, or terminate the affected account.

Unless expressly stated otherwise, fees do not include any taxes, duties, levies, withholding amounts, or government charges. You are responsible for all taxes associated with your use of the Service, except taxes based on our net income.

As between you and us, you retain ownership of your Customer Data.

You grant us a non-exclusive, worldwide, limited right to host, copy, store, process, transmit, display, back up, and otherwise use Customer Data only as necessary to provide, secure, maintain, support, enforce, and improve the Service, comply with law, and prevent fraud or misuse.

You represent and warrant that you have all rights, permissions, consents, and lawful grounds required to collect, use, upload, and authorize our processing of Customer Data.

For account, billing, support, and website data that we use for our own business purposes, we act as the data controller.

For personal data that you store or manage in the Service about your own staff, customers, riders, guests, or end users, you are the controller or responsible business, and we generally act only as your processor or service provider.

You are responsible for giving required notices, obtaining needed consents, and complying with applicable privacy, employment, consumer, tax, invoicing, and recordkeeping laws in connection with your use of the Service.

You may not, and may not allow others to:

• use the Service for unlawful, fraudulent, or deceptive purposes;
• attempt unauthorized access to any account, system, or network;
• reverse engineer, decompile, scrape, copy, or create derivative works from the Service except where prohibited by law;
• upload malicious code, harmful content, or anything that could damage the Service or other users;
• interfere with security, uptime, stability, or integrity of the Service;
• abuse trials, credits, discounts, or promotional offers;
• use the Service to infringe privacy, intellectual property, or other rights;
• resell, sublicense, lease, or commercially exploit the Service without our written approval; or
• use the Service in a way that may expose us, our providers, or other users to legal liability or operational risk.

We use third-party providers to operate parts of the Service, including hosting, storage, infrastructure, image delivery, databases, and email delivery. These may include Vercel, Cloudflare, Render, Neon, and Brevo.

We may also rely on banks, financial service providers, or payment partners such as UBL and Payoneer.

Third-party services are not under our control. We are not responsible for downtime, service interruptions, errors, outages, security incidents, policy changes, or acts or omissions of third parties.

The Service, including its code, workflows, structure, design, branding, graphics, text, logos, software, and documentation, is owned by or licensed to Ecom Smartify LTD and protected by intellectual property laws.

Except for the limited right to use the Service under these Terms, no ownership or intellectual property rights are transferred to you.

If you submit suggestions, comments, feedback, ideas, or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, copy, modify, and incorporate that feedback without restriction or payment.

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted availability, error-free performance, or compatibility with every device, environment, printer, network, or third-party integration.

Scheduled maintenance, upgrades, emergency fixes, internet issues, infrastructure problems, and third-party outages may affect access.

We may suspend, restrict, or terminate your access immediately if:

• you violate these Terms;
• payment remains overdue;
• we suspect fraud, abuse, or unlawful activity;
• your use creates security, operational, legal, or reputational risk; or
• we are required to do so by law or by a competent authority.

You may stop using the Service at any time. If you request account closure or discontinue the Service, we may retain your account and data for up to 3 months and then delete the account and associated data, subject to backups, fraud prevention, legal obligations, technical limitations, and dispute resolution needs.

If you no longer want to use the Service or request account deletion, we may retain your account data for a maximum of 3 months after the end of the relationship and then delete it, unless a longer period is required for legal, security, tax, fraud prevention, audit, or dispute-related purposes.

Backups and archived copies may persist temporarily for technical reasons before final deletion.

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” We disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, availability, quiet enjoyment, and accuracy.

We do not warrant that the Service will always be uninterrupted, secure, error-free, or free from harmful components, or that data will never be lost, delayed, corrupted, or inaccessible.

To the maximum extent permitted by law, Ecom Smartify LTD and its directors, officers, employees, affiliates, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings arising out of or related to the Service.

Our total aggregate liability for any claim arising out of or relating to the Service or these Terms will not exceed the total amount paid by you to us for the Service during the 12 months immediately preceding the event giving rise to the claim.

You agree to defend, indemnify, and hold harmless Ecom Smartify LTD, its affiliates, officers, employees, contractors, and agents from and against any claims, liabilities, losses, damages, penalties, judgments, costs, and expenses, including reasonable legal fees, arising out of or related to:

• your use of the Service;
• your Customer Data;
• your breach of these Terms;
• your violation of law; or
• your infringement of any third-party rights.

These Terms are governed by the laws of Pakistan, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the competent courts of Pakistan, unless applicable law requires otherwise.

We may revise these Terms from time to time. If we make material changes, we may notify you through the Service, by email, or by updating the date above. Continued use of the Service after the updated Terms take effect means you accept the revised Terms.

For legal, billing, or general questions about these Terms, you can contact us at:

Ecom Smartify LTD
Email: contact@pos.ecomsmatify.com