Supplementary Terms for Merchant's Use of MPOS

1. Introduction

Kustom AB (559463-5038) offers a cash register service comprising a cash register software/program and a control unit or online control system (collectively, the "Cash Register Service"). The Cash Register Service enables the Merchant to process card transactions via a mobile device. By registering for and using the Cash Register Service, the Merchant and Kustom enter into these Supplementary Terms, which govern the provision and use of the Cash Register Service in addition to the Kustom Checkout General Terms & Conditions (the "Agreement").

Unless otherwise defined herein, capitalised terms have the meanings given in the Agreement.

2. Scope and Application

These Supplementary Terms apply exclusively to the Cash Register Service. The Service forms part of the Checkout Solutions as defined in the Agreement, and all rights, obligations, and liabilities of the Parties under the Agreement apply equally to the Cash Register Service.

3. Kustom’s Provision of the Cash Register Service

3.1 Provision and Activation

Kustom will provide the Cash Register Service from the date notified to the Merchant, subject to confirmation by the Swedish Tax Agency that all required registrations concerning the Merchant have been completed.

3.2 Documentation and Installation

Kustom will provide the necessary Merchant documentation and installation instructions, available at https://docs.kustom.co, in Swedish or English.

3.3 Updates and Subcontractors

Kustom may update or upgrade the software at its discretion and may engage subcontractors to perform obligations under these Supplementary Terms. Kustom remains fully responsible for the performance of such subcontractors.

3.4 Trial Access

Where the Cash Register Service is provided under a trial or promotional period, Kustom may deactivate access if the Merchant fails to activate or use the Service. The Merchant may request reactivation by providing written notice in accordance with Section 20 (Communication and Notices) of the Agreement.

4. Merchant Responsibilities

4.1 Obligations

The Merchant shall:

• properly install and connect the cash register software, control unit, and associated hardware in accordance with Kustom's instructions;
• maintain access to all software, equipment, and communication services necessary to use the Cash Register Service;
• comply with all applicable laws and regulations, including reporting obligations to the Swedish Tax Agency;
• provide Kustom with any information reasonably requested in connection with the Service;
• prevent unauthorised access to the Service; and
• prior to completing any transaction using the Cash Register Service, inform the end customer, in an appropriate manner, that Kustom is the data controller for the processing of personal data for the issuance of the receipt in connection with the transaction and direct the end customer to Kustom’s Privacy Notice, available at https://www.kustom.co/sv/legal/kustom-checkout-privacy-notice.

4.2 Compliance

The Merchant acknowledges that its obligations under this Section 4 are in addition to its obligations under Section 6 (Merchant's General Responsibilities) of the Agreement, including compliance with the Integration Guide, Marketing Guidelines, and applicable Payment Service Provider Terms.

5. Support

Kustom will provide reasonable support services to the Merchant for issues related to the Cash Register Service. Support contact details are available on https://kustom.co/support. Kustom does not guarantee that all errors can be resolved or that the Service will be uninterrupted or error-free, consistent with Section 23 (No Warranty) of the Agreement.

6. Fees

Fees applicable to the Cash Register Service shall be as specified in the Order Form or the applicable price list on Kustom's website. Adjustments to fees and invoicing shall follow Section 7 (Fees) of the Agreement.

7. Service Availability and Maintenance

The Cash Register Service is generally available twenty-four (24) hours a day, seven (7) days a week, but uninterrupted availability cannot be guaranteed. Kustom may perform maintenance or updates as required and will, where reasonably possible, provide advance notice of any planned interruptions. Any suspension or restriction of the Service shall be handled in accordance with Section 11 (Suspension of Services) of the Agreement.

8. Data Protection

Personal data processed in connection with the Cash Register Service shall be governed by Section 15 (Data Protection and PCI Compliance) of the Agreement and Kustom's Privacy Notice, which is incorporated by reference and available at https://kustom.co/privacy.

9. Relationship to the Agreement (Catch-All Clause)

9.1 These Supplementary Terms form an integral part of, and are governed by, the Kustom Checkout General Terms & Conditions (the "Agreement").

9.2 The rights and obligations of the Parties in relation to, inter alia, liability, indemnity, intellectual property, confidentiality, data protection, suspension, force majeure, amendments, notices, term and termination, dispute resolution, and governing law shall be governed exclusively by the corresponding provisions of the Agreement.

9.3 In the event of any conflict or inconsistency between these Supplementary Terms and the Agreement, the Agreement shall prevail, except where these Supplementary Terms expressly modify or supplement specific obligations for the Cash Register Service.

9.4 For the avoidance of doubt, no separate warranties, limitations, or liabilities apply to the Cash Register Service beyond those expressly stated in the Agreement.