Terms of Service

These terms govern the supply of the SAMePOS platform, the equipment supplied alongside it, and any development work we carry out for you. They form a contract between your business and ours, so please read them before you sign an order or make a payment.

1. Who these terms apply to

SAMePOS is supplied to businesses — bars, nightclubs, restaurants, retail and wholesale operations — and not to consumers for personal use. By placing an order, signing a quotation, or using the platform, you confirm that you are doing so for a business and that the person accepting these terms is authorised to bind that business.

In these terms, “we” and “us” mean SAM SQUARED SOFTWARES (PTY) LTD; “you” means the business named on the order; “the platform” means the SAMePOS software, its on-site node, its cloud services and its dashboards; and “a venue” means each physical site at which you are licensed to run it.

2. What we supply

SAMePOS runs in one of two configurations, as recorded on your order:

• Full point of sale — SAMePOS operates as your till system, handling sales, tabs, tenders, cash-up, stock and reporting.
• Stock sidecar — you keep your existing point-of-sale system, and SAMePOS runs stock control, variance analysis, cash-up automation and loss detection alongside it, reading that system’s exports and writing results back in its own file format.

We may also supply supporting equipment, quoted separately (see section 6), and carry out custom development or integration work under a separate written scope (see section 10).

3. Your licence

We grant you a non-exclusive, non-transferable right to use the platform at the venues and on the number of stations recorded on your order, for as long as your fees are paid and these terms are in force. You may not sublicense it, resell it, run it at an unlisted venue, or make it available to a third party as a service.

You may not decompile, reverse-engineer or attempt to derive the source code of the platform, except to the limited extent the law expressly permits despite a contractual restriction. You may not remove or interfere with the licensing mechanism described below.

3.1 Licence enforcement and the trading-hours grace window

Each installation is licensed with a signed key bound to your venue and to a hardware fingerprint of the on-site server. The platform verifies that licence periodically when it has connectivity, and continues to operate through a defined offline grace window when it does not.

4. Fees and billing

• Recurring fees are billed monthly in advance for the duration of the minimum term, at the rates in our pricing schedule.
• Once-off fees — installation and setup, integration setup, training, call-outs and travel — are invoiced as they are incurred.
• Development and integration work is billed as set out in the applicable scope document.
• All amounts are in South African Rand, as published in our pricing schedule. We are not currently registered for VAT, so no VAT is added. If we become liable to register, we will give you notice before VAT is charged.

Card payments are processed on our behalf by Paystack. We do not receive or store your full card details. Your card data is handled by Paystack under its own terms and security standards.

4.1 Late or failed payment

If a payment fails or an invoice is unpaid, we will tell you and give you a reasonable opportunity to fix it before any enforcement step. Continued non-payment may lead to updates being withheld and, ultimately, to suspension under section 8 — always subject to the trading-hours protection in section 3.1.

4.2 Price changes

We may change recurring fees on 30 days’ written notice, taking effect at your next renewal. If you do not accept a change, you may cancel before it takes effect under our Refund and Cancellation Policy.

5. Your responsibilities

• Provide a suitable on-site environment: power, network, and a machine meeting the specification we give you.
• Keep staff credentials confidential and assign each staff member their own login — shared logins defeat the loss-detection features you are paying for.
• Keep your own product, price and recipe data accurate. The platform’s variance and margin figures are only as good as the data you maintain in it.
• Where SAMePOS runs as a sidecar, ensure you are entitled to export data from your existing point-of-sale system and to have us process it.
• Comply with the laws applying to your trade, including liquor licensing, tax and record-keeping obligations. The platform assists with records; it does not discharge your legal duties.

6. Hardware

Terminals, scanners, scales and peripherals are quoted separately for each deal and are not covered by our published pricing schedule. Ownership, warranty, replacement and return terms for that equipment are set out in your quotation, which prevails over these terms on those points.

The recurring “user package” and “additional terminal” fees in the pricing schedule cover your licensed use of SAMePOS terminals; they are not a purchase of hardware. If you are unsure who owns a particular piece of equipment at your venue, ask us and we will confirm in writing.

7. Data

7.1 Your data stays yours

Sales, stock, staff and customer records you create in the platform belong to you. We process them to provide the service, and on your instruction. Our Privacy Policy sets out how, and explains our respective roles under the Protection of Personal Information Act.

7.2 Export and deletion

You may export your data at any time while your subscription is active. On termination we will, on written request within 30 days, provide a final export in a documented format. After that we may delete your operational data, retaining only what we must keep for legal, tax or audit purposes.

7.3 Aggregated learning — your choice

We would like to use anonymised, aggregated patterns drawn from across our venues to improve the detection models that every venue benefits from. We only do this where you have opted in. It never includes your venue’s identity, your prices, your customers or your staff as identifiable data, and opting out does not reduce the service you receive.

8. Minimum term, suspension and termination

A minimum contractual commitment of 12 months applies from go-live. Cancelling within that period attracts an early-termination charge of 50% of the remaining amount for the balance of the term. After the initial 12 months the agreement continues month to month, and either of us may end it on 30 days’ written notice with nothing further to pay. The mechanics, including a worked example, are in the Refund and Cancellation Policy.

Relocating or reinstalling a system is charged at two times the applicable monthly premium, and does not restart or extend the minimum term.

We may suspend or terminate immediately on written notice if you materially breach these terms and do not remedy it within 14 days of being asked, if you are placed under business rescue or liquidation, or if your use of the platform is unlawful. We will not use suspension as a first response to a payment problem, and enforcement remains subject to the trading-hours protection in section 3.1.

9. Availability, warranties and limits

We warrant that we will supply the platform and any services with reasonable skill and care, and that the on-site software will operate materially as documented. We do not warrant uninterrupted or error-free operation.

The platform’s loss-detection and variance features are analytical tools that surface patterns for you to investigate. They are not proof of theft or misconduct, and they are not a substitute for your own management judgement, disciplinary process, or professional advice. Decisions you take about staff, stock or pricing on the basis of platform output remain yours.

To the fullest extent the law allows, neither of us is liable to the other for indirect or consequential loss, lost profit, lost revenue or lost goodwill. Our total liability arising in any 12-month period is limited to the fees you paid us in that period. Nothing in these terms limits liability that cannot lawfully be limited, including for fraud or death or personal injury caused by negligence.

10. Development work and intellectual property

Where we carry out custom development or integration work, the scope, fees and deliverables are recorded in a separate written scope document, which prevails over these terms on those points.

We retain all intellectual property in the platform, in our tooling, and in anything we develop generally. Where a scope document says a specific deliverable is assigned to you, that assignment takes effect once it has been paid for in full. Nothing prevents us from re-using our general knowledge, techniques and non-specific improvements.

11. Confidentiality

Each of us will keep the other’s non-public information confidential, use it only for the purposes of this agreement, and protect it with reasonable care. This does not apply to information that is public, independently developed, or required to be disclosed by law or a court.

12. Google and YouTube API Services

Separately from SAMePOS, we operate our own YouTube channel and use a small internal tool that uploads our own finished video files to that one channel on a schedule. That tool uses the YouTube Data API. This section is part of these terms so that the position is on the record.

• The tool is internal. It is not sold, not distributed, and not offered to customers as a feature or a service.
• It acts only on the Google account we connect to it, and only on the channel that account owns. It does not read, store or display data belonging to any other channel, any viewer, or any customer of ours.
• By using that tool we are bound by the YouTube Terms of Service, and the data it handles is governed by the Google Privacy Policy.
• What the tool requests, stores and how access is revoked is set out in section 11 of our Privacy Policy. Our use of data received from Google APIs follows the Google API Services User Data Policy, including its Limited Use requirements.

Nothing in this section gives you any right in that tool or that channel, and nothing in it forms part of the SAMePOS service you are licensed under section 3.

13. Changes to these terms

We may update these terms. For changes that materially affect you we will give 30 days’ notice by email to your billing contact, and the change takes effect at your next renewal. The current version always lives at this address, with its effective date at the top.

14. Law and disputes

These terms are governed by the law of the Republic of South Africa. Before either of us litigates, we agree to raise the issue in writing and attempt in good faith to resolve it within 15 business days. Failing that, the dispute may be referred to the courts of the Republic of South Africa having jurisdiction, and we consent to the jurisdiction of the Magistrate’s Court where that court is competent.

15. General

• Whole agreement. Your order, any scope document, these terms and the policies linked from them are the whole agreement between us on their subject matter.
• Order of precedence. A signed scope document, then your order, then these terms.
• No waiver. If we do not enforce a right immediately, we do not lose it.
• Assignment. Neither of us may assign this agreement without the other’s written consent, except to a successor of substantially the whole business.
• Notices. Notices to us go to [email protected] and to our registered office; notices to you go to the billing contact on your order.
• Severability. If a provision is unenforceable, the rest stands.

16. Contact

Questions about these terms, billing or support: [email protected] · 064 514 7001.