Supplementary Terms for In-person Payments

1. Introduction

Kustom AB (559463-5038) (“Kustom”) offers a cash register service, encompassing cash register software and a control unit, (collectively, the "Cash Register Service"). This Cash Register Service enables the Merchant to process payments via a mobile phone and / or terminal. By registering for and using the Cash Register Service, the Merchant and Kustom enter into  these supplementary terms (the “Supplementary Terms”), which govern the provision and use of the Cash Register Service, in addition to the existing agreement for Kustom’s Checkout Solutions between Merchant and Kustom (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 Cash Register 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 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 Kustom will provide the necessary Merchant documentation and installation instructions, available at https://docs.kustom.co, in Swedish or English.

3.3 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.

‍4. Merchant’s responsibilities and obligations

4.1 The Merchant undertakes to:

• ensure the proper installation and connection of the cash register program, the control unit, and any associated hardware in accordance with Kustom’s installation instructions;
• maintain access to all software, equipment, and communication services necessary to use the Cash Register Service;
• comply at all times with all applicable laws and regulations, including reporting obligations related to the Cash Register Service;
• promptly provide Kustom with any information and/or documentation reasonably requested in connection with the Cash Register Service;
• follow Kustom’s instructions regarding the use of the Cash Register Service;
• prevent any unauthorized access to or use of the Cash Register Service; and
• provide reasonable cooperation and take all measures that may reasonably be required to enable Kustom to fulfill its obligations under the supplementary terms and under applicable laws and regulations at any time.
  
  

4.2 The Merchant further acknowledges and agrees that the Cash Register Service may be used solely by the Merchant and exclusively for its intended purpose, in accordance with the Supplementary Terms and all applicable laws and regulations.

5. Exclusivity

Under the Supplementary Terms, the Merchant is granted a non-exclusive, non-transferable right to use the Cash Register Service within Sweden/EU/EEA, in accordance with the terms and conditions set forth herein, for the duration of the Supplementary Terms.

6. Service and Maintenance

6.1 The Cash Register Service is generally available twenty-four (24) hours a day, seven (7) days a week; however, uninterrupted availability cannot be guaranteed.

6.2 The Merchant acknowledges that the Cash Register Service may, from time to time, be unavailable due to necessary maintenance or servicing. While Kustom will, where reasonably possible, provide advance notice of planned interruptions, Kustom cannot guarantee that such notifications will always be given. The Merchant further acknowledges and agrees that Kustom may contact the Merchant for the purpose of assisting with the Cash Register Service and may request information necessary to identify and remedy detected errors. Kustom shall use reasonable efforts to minimize downtime and any resulting disruption to the Merchant’s business operations.

7. Liability

Kustom’s liability is strictly limited to the Cash Register Service itself. Kustom assumes no responsibility whatsoever for any services or obligations provided or performed by third parties in connection with the Supplementary Terms. Furthermore, Kustom shall not be liable for any damage or loss arising from the Merchant’s use of the Cash Register Service with equipment, accessories, or software not approved by Kustom; from modifications or interventions in the service or its software made without our prior approval; from viruses or other external attacks; or from errors caused by third parties or circumstances beyond our reasonable control. 

Additional limitations of liability are set out in the Agreement.

8. Term and Termination

These Supplementary Terms shall remain in force for twelve (12) months from the time the Merchant accepts the Supplementary Terms and shall thereafter automatically renew for successive periods of twelve (12) months, unless either Party provides the other Party with written notice of at least three (3) months prior to the end of the current term.

9. Relationship to the Agreement

9.1 These Supplementary Terms form an integral part of, and are governed by, the Agreement.

9.2 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.9.3 For the avoidance of doubt, no separate warranties, limitations, or liabilities apply to the Cash Register Service beyond those expressly stated in the Agreement.