Terms & Conditions

• "Services" or "Platform" means NUA's hospitality operating system, including Point of Sale, Reservations, Kitchen Display System, Loyalty Engine and NUA Wallet, Inventory & Purchasing, Staff Management, Analytics Dashboard, Marketing Automation, Voice POS, the AI Command Center ("NUA" agent), and any related websites, applications and support services.
• "Merchant Content" means all data, text, images, menus, pricing, and other content that a Merchant or its authorised users upload, input, or generate through use of the Services, and all Guest information collected through the Services.
• "Guest" means an end customer of a Merchant whose information is processed through the Services.
• "Subscription Term" means the period for which a Merchant has subscribed to a paid plan, as set out in the applicable order or plan selection.

NUA provides a unified, AI-assisted operating system for hospitality venues. Depending on the plan selected, the Services may include: point-of-sale checkout (online and offline); table and reservation management; kitchen display and ticket routing; a loyalty engine with points, tiers and a digital wallet pass compatible with Apple Wallet and Google Wallet; inventory forecasting and purchase order suggestions; AI-assisted staff rostering; executive analytics and menu engineering; automated marketing campaigns; voice-driven order entry; and the "NUA" AI agent, which observes signals across these modules and suggests, proposes, or (where configured) automatically executes certain actions.

We may add, change, or discontinue features of the Services from time to time. We will use reasonable efforts to notify Merchants of material changes that significantly and adversely affect their use of the Services.

To use the Services, you must be at least 18 years old and capable of forming a binding contract, and you must operate a genuine hospitality business or be authorised to act on its behalf. You agree to provide accurate, current and complete information when registering, and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether by you or by staff you invite to the Platform.

The Services are offered on a subscription basis under the plans described on our pricing page from time to time (currently Starter, Growth, Enterprise, and a one-time Lifetime plan), and may be billed per venue, per month, or as otherwise stated at the time of purchase. Where offered, a free trial (currently 7 days, no payment card required) allows you to evaluate the Services before committing to a paid subscription. We may change trial terms, or end a free trial offer, at any time.

By subscribing to a paid plan, you authorise us (or our payment processor) to charge the applicable fees to your nominated payment method on a recurring basis for the Subscription Term, plus any applicable taxes (including GST). Fees are generally non-refundable except as expressly stated in these Terms, as required by the Australian Consumer Law, or as otherwise agreed by us in writing. Unless you cancel before the end of a billing period, your subscription will automatically renew for successive periods of the same length.

We may change our fees on reasonable notice (for example, by email or in-app notice), and any fee changes will take effect from your next renewal or billing cycle, unless otherwise stated.

You agree that you will not, and will not permit any user of your account to:

• use the Services for any unlawful purpose, or in a way that infringes the rights of any third party;
• attempt to gain unauthorised access to the Services, other accounts, or any related systems or networks;
• reverse engineer, decompile, or attempt to extract the source code of the Platform, except to the extent this restriction is prohibited by law;
• use the Services to transmit any virus, malware, or other harmful code, or to interfere with the integrity or performance of the Platform;
• resell, sublicense, or provide access to the Services to any third party otherwise than as contemplated by your plan (for example, inviting your own staff); or
• use the AI Command Center or any automated features in a manner intended to circumvent applicable consumer protection, pricing, or food safety laws.

You are responsible for ensuring that your use of the Services (including menu pricing, discounting, and marketing communications sent to Guests) complies with applicable laws, including the Australian Consumer Law and applicable spam and privacy legislation.

As between you and NUA, you retain ownership of all Merchant Content, including your menus, pricing, business data, and Guest information. You grant NUA a non-exclusive, worldwide licence to host, store, process, and display Merchant Content solely to the extent necessary to provide, maintain and improve the Services (including training and improving the features that power forecasts and recommendations, in de-identified or aggregated form where reasonably practicable).

You are responsible for ensuring you have all necessary rights and consents to provide Guest information to us for processing through the Platform, and for responding to any requests from Guests in relation to their personal information, consistent with our Privacy Policy.

NUA and its licensors own all right, title and interest in and to the Platform, including all software, designs, text, graphics, trademarks (including the NUA name and logo) and other intellectual property, excluding Merchant Content. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.

The Platform integrates with third-party services, including payment processors (such as Stripe, Square, PayPal and Apple Pay), delivery platforms (such as Uber Eats, DoorDash and Deliveroo), accounting software (such as Xero and QuickBooks), and messaging providers (such as Twilio and Mailchimp). Your use of these integrations may be subject to the third party's own terms and privacy policy, and NUA is not responsible for the acts, omissions, or availability of any third-party service.

We aim to make the Services available on a continuous basis, but we do not guarantee uninterrupted or error-free operation. The Services may be unavailable from time to time due to scheduled maintenance, third-party service outages (including payment processors or internet service providers), or circumstances beyond our reasonable control. Enterprise Merchants may be offered a separate service level agreement, which will take precedence over this section to the extent of any inconsistency.

We may suspend or terminate your access to the Services if: (a) you breach these Terms and fail to remedy the breach within a reasonable time of being notified; (b) your account is overdue for payment; (c) we reasonably believe your use of the Services poses a security, legal, or reputational risk to NUA, other Merchants, or Guests; or (d) we cease to offer the Services generally, on reasonable notice.

You may cancel your subscription at any time through your account settings or by contacting us; cancellation will take effect at the end of your current billing period unless otherwise required by law. On termination, we will make reasonable efforts to allow you to export your Merchant Content for a limited period, after which we may delete it in accordance with our data retention practices.

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law. Where permitted by law, our liability for a breach of a non-excludable guarantee is limited, at our option, to re-supplying the Services or paying the cost of having the Services re-supplied.

To the maximum extent permitted by law, NUA's total aggregate liability arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), or otherwise, will not exceed the total fees paid by you to NUA in the twelve (12) months preceding the event giving rise to the liability. NUA will not be liable for any indirect, special, incidental, or consequential loss, or loss of profits, revenue, goodwill, or data, even if advised of the possibility of such loss.

You agree to indemnify and hold NUA, its officers, employees and agents harmless from and against any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your Merchant Content or your use of the Services in breach of applicable law; or (c) your violation of any rights of a third party, including a Guest.

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services that is designated as confidential or would reasonably be understood to be confidential, and to use it only for the purposes of these Terms, except where disclosure is required by law.

We may update these Terms from time to time to reflect changes to the Services, our business, or applicable law. We will post the updated Terms on this page with a revised "Last updated" date and, where changes are material, provide reasonable notice (for example, by email or in-app notice). Your continued use of the Services after the updated Terms take effect constitutes your acceptance of the updated Terms.

These Terms are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State. Before commencing formal legal proceedings (other than for urgent injunctive relief), the parties agree to first attempt in good faith to resolve any dispute through direct negotiation between senior representatives.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with our Privacy Policy and any order or plan confirmation, constitute the entire agreement between you and NUA regarding the Services.

If you have any questions about these Terms, please contact us at:

NUA AUS PTY LTD
ABN: 54 299 131 653
7 Rowe Street, Alphington VIC 3078
Email: info@nuapos.com.au