Katy customer agreement

This agreement is for businesses. It applies when you start a trial or subscription in your Katy account at account.katypos.com, or sign a Katy quote that refers to it. Please read sections 6 to 9 (charges, paying, late payment and ending) and section 17 (liability) carefully.

1. Who we are

Katy POS is run by Parsa Khatee, a sole trader trading as Katy POS, of 2/1, 15 Myrtle Place, Glasgow G42 8UL, United Kingdom ("Katy", "we", "us"). Phone 07386 600135. Email hello@katypos.com for general questions, support@katypos.com for help and privacy@katypos.com for data protection.

"You" means the business that holds the Katy account. The person who accepts this agreement confirms that they are authorised to bind that business.

2. Business customers only

Katy is sold only to businesses, for use in their trade. By accepting this agreement you confirm that you are not acting as a consumer. Consumer protection rules that apply only to consumers therefore do not apply to this agreement.

3. The words we use

• Account: your Katy customer account at account.katypos.com. One account can hold several branches.
• Branch: one shop, restaurant, bar, salon or other site where you trade. Plans are priced per branch.
• Plan: Katy Local or Katy Cloud for a branch. Both include Katy AI within a monthly allowance.
• Add-on: something extra you choose for a branch, such as an extra till, a self-order kiosk, an extra tablet or kitchen screen, online ordering, delivery, cloud backup or a support plan.
• Order: the plans, add-ons, prices and billing period shown in your account when you subscribe or change your subscription, or set out in a quote you sign.
• Device: a till, waiter tablet, kitchen screen, kiosk or other screen running Katy.
• Your data: the information you or your staff put into Katy, including products, sales, staff details and your customers' details.

4. How the agreement starts

• The agreement starts when you create your account and accept it, or when you sign a quote that refers to it.
• Free trial. Your first branch gets a 30-day free trial. We do not ask for card details to start it. If you do not want to continue, cancel in your account or email support@katypos.com before the trial ends and you will owe nothing. If you do not cancel, your paid subscription starts on the day after the trial ends and we send your first invoice.
• Each Order forms part of this agreement. If an Order and these terms differ, the Order wins for that point only.

5. What you get

Plans

• Katy Local runs on a Windows computer in your branch. Your sales and records are stored on that computer. Tablets, kitchen screens and printers connect to it over your shop network, and selling, kitchen tickets and printing keep working without the internet. Katy AI and updates need the internet.
• Katy Cloud runs your till in our cloud service, with tablets that keep selling for a limited time if the internet drops, cloud backups, sales and reports from anywhere and multi-branch reports. Online ordering and delivery are available only with Katy Cloud.
• Each branch includes up to 5 devices in total (tills, waiter tablets and kitchen screens together). More devices are add-ons.
• Features marked "Early access" or "Coming soon" on our website or in Katy may change, and we do not promise a date for them.

Katy AI

• Each plan includes a monthly Katy AI allowance for each branch, measured by what the AI costs us to run. The allowance for your plan is shown in your account.
• When a branch uses its allowance, Katy AI pauses until the next month. If you have switched on extra AI packs in Katy, a pack is added instead and charged on your next invoice. Nothing is added without that permission.
• Katy AI suggests answers and changes. It can be wrong. Changes that matter, such as prices or menus, wait for your approval, and you are responsible for checking what you approve.

Device permits

Each Katy device holds a signed permit that says which branch it belongs to and until when it may run. The permit lets Katy keep running without the internet for a limited period. Katy renews it automatically while your subscription is in good standing. You must not copy, alter or work around permits or other licence checks.

6. Charges

• Your charges are the ones in your Order. Plans and most add-ons are charged per branch, per month, in advance.
• 12-month prepaid term. You can instead pay for 12 months in advance at the price of 10 months. See section 9 for how a prepaid term ends.
• Per-order fees. Online ordering and delivery have a monthly fee plus a fixed fee for each completed order they handle. Per-order fees and extra AI packs are charged in arrears on your next invoice.
• No commission on your sales. We do not take a percentage of your sales or your card payments. Your card payment provider's fees are between you and that provider.
• One-off work, such as moving data from a complicated old system, connecting a card terminal brand we do not yet support, or an on-site visit, is charged only if you accept a quote for it first.
• VAT. All prices exclude VAT. We are not currently VAT-registered, so no VAT is charged. If we become VAT-registered, VAT at the applicable rate will be added to charges from that date and shown on invoices.
• Price changes. We may change list prices by giving you at least 30 days' notice by email. A change does not affect a 12-month term you have already paid for. If you do not accept a change, you can end your monthly subscription before it takes effect.

7. Paying

• We send invoices by email and show them in your account. Each invoice is due 7 days after its date.
• At present you pay by bank transfer to the account shown on the invoice, quoting the invoice number. We mark the invoice as paid when the money arrives.
• Katy never asks for, receives or stores your card details. If an online payment option is added, card or Direct Debit details will be collected and stored by the payment provider named in your account, under its own terms, and this section will be updated.
• If you think an invoice is wrong, tell us within 14 days of its date. Pay the part you do not dispute on time; we will sort out the rest promptly and in good faith.

8. Late payment

If an invoice is not paid by its due date, the steps below happen automatically, counted in days after the due date. We email you before each step, and everything comes back as soon as the overdue amount is paid.

We may also claim statutory interest and fixed compensation for late payment under the Late Payment of Commercial Debts (Interest) Act 1998, and reasonable costs of recovering the debt.

9. How long the agreement lasts and how it ends

Ending by you

• Monthly subscriptions continue month by month. You can cancel a branch or an add-on at any time in your account or by emailing support@katypos.com. It stops at the end of the month you have paid for, and we do not refund part months.
• 12-month prepaid terms run for the full 12 months and are not refunded if you stop early, except as set out below. At the end of the term the branch continues monthly at the monthly price unless you choose another prepaid term or cancel.
• You can also end the agreement straight away by email if we seriously break it and do not put it right within 14 days of your telling us, or if we change these terms or our prices in a way you do not accept (section 20). In those cases we refund any prepaid charges for the time after the end.

Ending by us

• We can end the agreement on 30 days' notice for any reason. If we do, we refund prepaid charges for the time after the end.
• We can end it straight away, or suspend part of the service, if you seriously break it and do not put it right within 14 days of our telling you, if you use Katy unlawfully or in a way that puts other customers or our systems at risk, or if you become insolvent or stop trading. Late payment is handled as in section 8.

After the end

• Your right to use Katy stops. Device permits are not renewed, so Katy devices stop selling when their permits expire. Reports and exports remain available for the time set out in section 10.
• Charges that were due before the end remain due. Sections that by their nature should continue, such as 10, 15, 16 and 17, continue to apply.

10. Your data

• You own your data. We use it only to provide Katy to you, to support you and as the law requires, as set out in this agreement and in Schedule 1.
• Katy Local stores your data on your own computer. We cannot see it unless you open remote help (section 12). You are responsible for keeping that computer safe and for keeping backups, using Katy's local backup, Google Drive backup to your own Google account, or our cloud backup add-on.
• Katy Cloud stores your data in our cloud service in the United Kingdom.
• Exports. You can export your products, customers and sales in standard formats such as CSV at any time while you have an account, including in limited mode and for 90 days after the agreement ends. We do not have to convert your data into another provider's format or move it for you, but we can help for a fee if you ask.
• Deletion. 90 days after the agreement ends we delete your Katy Cloud data, after two email warnings. Copies in our backups are removed as those backups expire. If you ask, we will delete it sooner, or return it to you first.
• Your records. You are responsible for keeping the business records you must keep by law, for example for HMRC. Please export them before your account is deleted.

11. Using Katy

• While the agreement lasts and your account is in good standing, we give you a non-exclusive, non-transferable right to use Katy for your own businesses' branches on the devices in your Order. Katy is licensed, not sold. We and our licensors keep all rights in it.
• You must not resell, rent or share Katy with another business, copy it except as needed to use it, or reverse engineer it except where the law allows.
• Some parts of Katy are open-source software under their own licences, which are listed in the app and on our website. Nothing in this agreement limits your rights under those licences.
• You must use Katy lawfully, and you are responsible for your staff's use of it. Keep passwords, PINs and pairing codes secret, give staff only the access they need, and tell us at once if you think someone has misused your account.

12. Support and remote help

• Support, updates and normal installation are included. The level of help included with each plan, and the support plan and pay-per-session options for Katy Local, are shown in your account. We aim to answer quickly but do not promise response times unless a signed Order says so.
• Remote help (Katy Care). We can reach a Katy computer only after someone at your branch opens remote help on that computer's screen, which can be protected by the owner's PIN. You can close it at any time. Our tool can only run a fixed list of checks and fixes. Changes need approval by a named Katy operator, restoring a backup also needs confirmation on your screen, and we do not restart or update a till while you are trading. Every action is recorded.
• We may use AI assistants to help our staff diagnose problems. They receive device health information and logs from which names, phone numbers, emails, postcodes and card numbers have been removed, and they cannot change your system without the approvals above.

13. Availability and changes to Katy

• We try hard to keep Katy Cloud and our online services available, but we do not promise they will always be available or free of faults. We try to do planned maintenance outside normal trading hours. Katy Local and Katy Cloud tablets keep selling for a limited time when our online services are unavailable.
• We improve Katy regularly. We will not make a change that substantially reduces the main features of your plan during a period you have paid for without giving you at least 30 days' notice and the right to end the agreement with a refund of prepaid charges for the time after the end.

14. Your responsibilities

• Provide accurate account and billing details, and keep them up to date.
• Provide and look after your own computers, tablets, printers, network and internet connection, meeting the requirements we publish.
• Remain responsible for your business: prices, VAT and tax returns, receipts, age-restricted sales, allergen and food information, and the information you give your own customers. Katy helps, but the legal duties stay with you.
• Have your own lawful basis and privacy notice for the personal data you put into Katy, including your customers' and staff's details.

15. Other companies' services

• Card payments are provided by your own card payment provider under your agreement with it. Katy is not a payment provider and does not handle or store card numbers.
• Some features rely on other providers, such as Google for hosting and AI, and text, WhatsApp and phone providers for messages. If a provider is unavailable or changes its service, we will do what we reasonably can, but we are not responsible for that provider's failures.
• If we recommend a card payment provider, we may receive a referral fee from that provider. We will tell you if we do. It never changes what you pay us.

16. Confidentiality

Each of us will keep the other's confidential information private and use it only for this agreement, except where the law requires disclosure or the information is already public through no fault of ours or yours. Your data is your confidential information.

17. Liability

• Nothing in this agreement limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.
• Subject to that, neither of us is liable for loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss.
• Subject to that, our total liability arising out of or in connection with this agreement in any 12 months is limited to the charges you paid us under it in the 12 months before the event that gave rise to the claim.
• We are not responsible for loss of Katy Local data held on your computer, except where we caused it during remote help. For data we hold, our responsibility is to restore it from the most recent backup we have.
• Neither of us is responsible for delay or failure caused by events beyond our reasonable control, such as a power cut, an internet outage or a failure at a provider we rely on, as long as we tell the other and do what we reasonably can to limit the effects.

18. Data protection

Where we process personal data on your behalf, for example your customers' details in Katy Cloud, online ordering, text messages, Katy AI and remote help, you are the controller and we are your processor, and Schedule 1 applies. Where we use personal data to run our own business, such as your account and billing details, we are the controller and our privacy policy applies.

19. Transfer

You may not transfer this agreement without our written agreement. We may transfer it to a limited company that takes over the Katy POS business, or to another business that takes it over, as long as your rights under it are not reduced. We will tell you if we do.

20. Changes to this agreement

We may update this agreement. We will email you at least 30 days before a change that affects you takes effect, and publish the new version on this page. If you do not accept a change, you can end the agreement before it takes effect and we will refund prepaid charges for the time after the end. If you keep using Katy after that date, the new version applies. Changes that are needed by law, or that only correct errors or add new services, may take effect sooner.

21. General

• This agreement, your Orders and the documents they refer to are the whole agreement between us about Katy and replace anything said earlier. Neither of us relies on any statement not set out in them, but this does not limit liability for fraud.
• We send notices by email to the account owner's address in your account. You send notices to support@katypos.com, or to our postal address above.
• If a court finds part of this agreement unenforceable, the rest still applies.
• If either of us delays enforcing a right, that right is not lost.
• Nothing in this agreement makes us partners, and no one else has rights under it, including under the Contract (Third Party Rights) (Scotland) Act 2017 or the Contracts (Rights of Third Parties) Act 1999.
• This agreement is governed by the law of Scotland, and the courts of Scotland have exclusive jurisdiction.

Schedule 1: data processing terms

This schedule sets out the terms required by Article 28 of the UK GDPR for personal data we process on your behalf.

What we process

• Subject matter and duration: providing Katy to you, for as long as this agreement lasts and until the data is deleted under section 10.
• Nature and purpose: storing, organising, backing up, transmitting, displaying and analysing data so that Katy can take orders, print and display tickets, send messages you ask it to send, answer Katy AI questions, keep your systems running and provide support.
• Types of personal data: your customers' names, phone numbers, email and delivery addresses, order history, booking details, notes you add and, if you record them, marketing choices and age-check records; your staff's names, roles, sign-in records, shifts and sales figures; and the words of calls handled by the phone ordering feature, if you turn it on.
• Categories of people: your customers, your staff and people who contact your business.

What we promise

• We process the data only on your documented instructions, which are this agreement and the settings you choose in Katy, unless the law requires otherwise, in which case we will tell you first unless the law forbids it.
• Everyone we authorise to process the data is bound to keep it confidential.
• We keep the data secure with measures suited to the risk, including encryption in transit, restricted and logged staff access, signed device permits, and personal details removed from logs before anyone outside your business sees them.
• We use the sub-processors listed below. You authorise them generally. We will tell you by email at least 30 days before adding or replacing one, and you may object; if we cannot reasonably meet your objection, you may end the affected service and we will refund prepaid charges for the time after the end. We bind each sub-processor to data protection terms at least as protective as these, and remain responsible for them.
• We help you, as far as we reasonably can, to answer requests from people exercising their data protection rights, to keep data secure, to deal with personal data breaches and to carry out data protection impact assessments.
• We tell you without undue delay, and in any case within 48 hours, after becoming aware of a personal data breach affecting your data.
• At the end of the agreement we delete or return the data as you choose, as set out in section 10, unless the law requires us to keep it.
• We make available the information you reasonably need to show that these terms are met, and allow reasonable audits, normally by written questions, on reasonable notice and no more than once a year unless a breach has occurred.
• We tell you at once if we think an instruction from you breaks data protection law.

Sub-processors

Where a sub-processor processes data outside the UK, we rely on UK adequacy regulations (including the UK Extension to the EU-US Data Privacy Framework for certified US companies) or the UK International Data Transfer Agreement or Addendum.

Katy AI and staff names

When you ask Katy AI about your business, Katy may send staff names and sales figures to Google so it can answer, for example "which waiter sold the most today?". Katy sends your customers' phone numbers and addresses only where a feature needs them, such as reading a delivery ticket you photograph. You can turn this off in Katy under Settings > AI; staff then appear to the AI only as numbers or placeholders, and their names are shown again only on your own till. This setting comes with the first Katy update after version 4.1.1; until you have it, you can turn Katy AI off. You can also turn Katy AI off at any time.

Contact

Questions about this agreement: hello@katypos.com or 07386 600135.