Terms of service

1. Acceptance of these terms

These terms govern use of the EnsmblOS platform provided by Ensmbl Technologies Pvt. Ltd. ("EnsmblOS", "we") and form an agreement between us and the business subscribing to the service ("Customer", "you"). By using the service, or clicking to accept, you agree to these terms. If you accept on behalf of an organisation, you confirm you are authorised to bind it.

2. The service

EnsmblOS is a subscription, internet-based software service comprising our kiosk, point-of-sale, kitchen-display, digital-menu-board, shelf-label, dashboard and customer applications, plus related support, as described on your order and our pricing page. Subscriptions are billed on a per-device basis unless your order states otherwise. We may update and improve the service over time; we will not materially reduce its core features during a paid term.

3. Customer data & ownership

All data you upload or generate through the service ("Customer Data") remains yours. You grant us a non-exclusive, worldwide, royalty-free licence to host, process and transmit Customer Data solely to provide, secure and support the service, and to improve it using aggregated or de-identified data. In respect of your end-customers’ personal data we act as your Data Processor, in line with our Privacy Policy. You are responsible for the accuracy and legality of Customer Data and for obtaining any consents your customers’ data requires.

4. Acceptable use

You agree not to:

• use the service unlawfully or to store or transmit unlawful, infringing or harmful content;
• resell, sublicense or provide the service to third parties except as expressly permitted;
• reverse engineer, decompile or attempt to extract the source code of the software, except where such restriction is prohibited by law;
• interfere with or circumvent the security, integrity or performance of the service.

5. Fees & payment

You agree to pay the fees set out in your order or on the pricing page. Fees are exclusive of taxes; you are responsible for applicable taxes including GST. Unless stated otherwise, invoices are due within [30] days. Subscription quantities cannot be decreased during a paid term.

6. Term & termination

This agreement continues for the subscription term stated in your order and renews as set out there. Either party may terminate for material breach if the breach is not cured within [15] days of written notice. On termination we will make Customer Data available for export for a limited period, after which it is deleted in line with our retention practices, subject to any legal retention obligation.

7. Confidentiality

Each party may receive non-public information from the other that is marked or reasonably understood to be confidential. The recipient will protect it with reasonable care and use it only to perform this agreement. Our Confidential Information includes the service’s design and pricing; yours includes Customer Data. This does not apply to information that is public, independently developed, or lawfully obtained from another source.

8. Intellectual property

We and our licensors own the service and all underlying software, interfaces and documentation, and reserve all rights not expressly granted. You retain ownership of Customer Data. If you give us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the service.

9. Warranties & disclaimer

We will use reasonable measures to keep the service available, excluding scheduled maintenance, events beyond our reasonable control, and issues arising from your own systems. Except as expressly stated, the service is provided "as is" without warranties of any kind to the extent permitted by law. Payments are processed by PhonePe, which is responsible for payment-card compliance; we do not store card or UPI credentials.

10. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or lost profits or data. Our total aggregate liability arising out of or relating to this agreement will not exceed the fees you paid in the [3]-month period before the event giving rise to the claim. [Cap and carve-outs to be confirmed by counsel.]

11. Indemnity

You will defend and indemnify us against third-party claims arising from your Customer Data, your use of the service in breach of these terms, or your violation of applicable law.

12. Governing law & disputes

This agreement is governed by the laws of India. The parties submit to the exclusive jurisdiction of the courts at [Bengaluru / place of registered office, to be confirmed by counsel], and any dispute may be referred to arbitration under the Arbitration and Conciliation Act, 1996, seated at the same place. Nothing prevents either party from seeking urgent injunctive relief.

13. General

These terms, together with your order and our Privacy Policy, are the entire agreement between us and supersede prior discussions. We may update these terms and will notify you of material changes. If any provision is unenforceable, the rest remains in effect.