Cloud-Based ECTouch2 Software Terms and Conditions
Version 1.0
Effective Date: June 2026
These Terms and Conditions govern the use of the ECTouch2 Cloud EPOS Platform and related services provided by Epos Company GB Ltd.
By subscribing to, accessing, or using ECTouch2 Cloud Services, the Customer agrees to these Terms.
- Definitions
ECTouch2 Platform means the cloud-based EPOS software, mobile applications, web portals, APIs, and related services.
Customer means the business entity subscribing to the Services.
User means any employee, contractor, or authorised person using the Services on behalf of the Customer.
Data means all information entered into, generated by, or processed through the Services.
Subscription means the recurring licence granting access to the Services.
Business Day means Monday to Friday excluding public holidays in England and Wales.
- Service Description
ECTouch2 provides cloud-based electronic point-of-sale services, including:
- Sales processing
- Inventory management
- Reporting and analytics
- Customer management
- Staff management
- Kitchen display systems
- Online ordering integration
- Delivery integration
- Multi-site management
- Mobile applications
- Payment gateway integrations
Features may vary depending on the Customer’s subscription package.
- Software Licence
The Company grants the Customer a limited, non-exclusive, non-transferable, revocable licence to use the ECTouch2 Platform during the Subscription Term.
The Customer shall not:
- Reverse engineer the software.
- Modify the software.
- Copy or reproduce the software.
- Resell or sublicense the software.
- Use the software for unlawful purposes.
All intellectual property rights remain the sole property of the Company.
- Subscription Services
Access to ECTouch2 is provided on a subscription basis.
Subscription plans may include:
- Monthly subscriptions
- Annual subscriptions
- Multi-site subscriptions
- Enterprise subscriptions
Subscription fees are payable in advance.
- Payments
5.1 Fees
Customers shall pay all applicable fees specified in their service agreement.
5.2 Late Payments
Failure to pay may result in:
- Suspension of service
- Restricted functionality
- Account termination
5.3 Price Changes
The Company may adjust subscription fees by providing at least 30 days written notice.
- Customer Responsibilities
The Customer is responsible for:
- Maintaining internet connectivity.
- Securing usernames and passwords.
- Training staff.
- Ensuring compatible hardware.
- Maintaining lawful use of the platform.
- Keeping account information current.
The Customer remains responsible for all activity conducted under its account.
- Hardware
Where hardware is supplied:
- Ownership transfers upon full payment.
- Manufacturer warranties apply.
- Hardware failures caused by misuse are excluded from warranty coverage.
- Hardware support may be subject to separate agreements.
- Cloud Hosting
ECTouch2 is hosted on secure cloud infrastructure.
The Company shall use reasonable efforts to maintain service availability.
The Company does not guarantee uninterrupted service.
Service interruptions may occur due to:
- Maintenance
- Network outages
- Third-party provider failures
- Security incidents
- Force majeure events
- Service Availability
The Company targets 99.9% uptime measured monthly.
Scheduled maintenance periods are excluded from uptime calculations.
Emergency maintenance may be performed without prior notice.
- Customer Data
The Customer retains ownership of all Customer Data.
The Company acts as a data processor where applicable.
The Company may process Customer Data solely for:
- Service delivery
- Technical support
- Security monitoring
- Legal compliance
- Data Retention
Following termination:
- Customer Data will remain available for export for 30 days.
- After 30 days, Customer Data may be permanently deleted.
Customers are encouraged to maintain independent backups of critical business records.
- Data Protection
The Company shall comply with applicable data protection legislation including:
- UK GDPR
- Data Protection Act 2018
The Company shall implement appropriate technical and organisational measures to protect personal data.
A separate Privacy Policy and Data Processing Agreement may apply.
- Integrations
ECTouch2 may integrate with third-party services including:
- Payment processors
- Accounting software
- Delivery platforms
- Online ordering services
The Company is not responsible for:
- Third-party outages
- Third-party data loss
- Third-party service changes
Use of third-party services may be subject to separate terms.
- Payment Processing
Where integrated payment services are used:
- Payment transactions are processed by authorised third-party providers.
- The Company does not hold customer card data.
- Customers must comply with payment processor requirements.
The Company shall not be liable for:
- Chargebacks
- Payment disputes
- Payment processor downtime
- Support Services
Support is available during published support hours.
Support may include:
- Telephone support
- Email support
- Remote assistance
Support does not include:
- Customer network issues
- Third-party software issues
- Customer-caused system damage
Response times may vary according to support package level.
- Acceptable Use
Customers must not:
- Upload malicious software.
- Attempt unauthorised access.
- Disrupt platform operation.
- Use the Services unlawfully.
- Infringe third-party intellectual property rights.
Violation may result in suspension or termination.
- Confidentiality
Both parties agree to maintain the confidentiality of:
- Business information
- Customer records
- Technical information
- Pricing information
This obligation survives termination.
- Suspension of Services
The Company may suspend access where:
- Fees remain unpaid.
- Security threats are identified.
- Legal requirements demand suspension.
- These Terms are breached.
- Termination
19.1 By Customer
The Customer may terminate by providing:
- 30 days written notice after initial minimum agreement period for monthly subscriptions.
- Notice before annual renewal for annual subscriptions after initial minimum agreement period.
19.2 By Company
The Company may terminate immediately where:
- Payment defaults occur.
- Fraud is suspected.
- Material breaches occur.
- Warranties
The Company warrants that the Services will be provided with reasonable care and skill.
Except as expressly stated, all other warranties are excluded to the fullest extent permitted by law.
- Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for:
- Loss of profits
- Loss of revenue
- Loss of business
- Loss of goodwill
- Loss of data
- Indirect or consequential losses
The Company’s total liability arising under these Terms shall not exceed the subscription fees paid by the Customer during the previous 12 months.
Nothing in these Terms excludes liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded by law
- Force Majeure
The Company shall not be liable for delays or failures caused by:
- Natural disasters
- Cyberattacks
- Government actions
- Power failures
- Telecommunications failures
- Internet outages
- Labour disputes
- Changes to Services
The Company may:
- Add features
- Modify features
- Remove obsolete features
- Improve system functionality
Reasonable notice will be provided where practical.
- Changes to Terms
The Company may update these Terms from time to time.
Updated Terms shall become effective upon publication on the Company’s website.
Continued use of the Services constitutes acceptance of the updated Terms.
- Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Contact Information
Epos Company GB Ltd
Registered Address: 1154 High Road, Whetstone, London , N20 0RA
Company Number: 00936875
Email: support@eposcompany.co.uk
Telephone: [Phone Number]
Website: www.eposcompany.co.uk
