Terms and Conditions for LaundryPOS Users

1. About these Terms

Armada Infotech Limited ("LaundryPOS/we/us") is the owner and operator of the LaundryPOS dry cleaning and laundry software service ("Service"). We have developed a portal ("Portal") provided through our website at LaundryPOS.org / LaundryPOS.in / LaundryPOS.ae ("Site") and our webapp ("App") to provide the Services to you. These Terms set out the terms and conditions of your use of the Service. Your use of the Service is expressly conditioned on your acceptance of these Terms. By registering to use the Service, you signify that you unconditionally agree and accept to be legally bound by these Terms, and are entering into a legally binding agreement with us based on these Terms, including our Privacy Policy and service level agreement ("Service Level Agreement") provided at the end of these Terms (collectively, the "Agreement").

2. Changes to these Terms or the Services

LaundryPOS reserves the right to alter these Terms at any time. We shall alert you to our new terms or notify you of any change via our Portal, Site or App. Your continued use of this Service after amended Terms shall constitute that you agree and accept to be legally bound by those changes.

3. About LaundryPOS

Armada Infotech Limited is a limited liability company incorporated in England. Our Company number is 12178268, and our registered office is at 11 Springfield Street, Warrington, United Kingdom, WA1 1BB.

4. About the Service

The Service provides to you point of sales and online ordering services. When you register to use our Service, we will provide you with an account to use the Service ("Account"). Only users who have registered through our Portal and have an Account ("Users") may use the Service.

5. Grant of Licence

LaundryPOS hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you comply with your obligations under the Agreement, including the following:

• LaundryPOS may, at its sole and absolute discretion, without prior notice to you and without liability, reject, prevent, discontinue or suspend your Account and/or your use of the Service if, at its sole discretion, LaundryPOS is of the opinion that your use does not meet LaundryPOS's specifications or guidelines, or which LaundryPOS may consider to be inappropriate, illegal or harmful to its interests.
• You agree to comply with any policies or guidelines that LaundryPOS may introduce or amend from time to time.
• You agree that you will not, and not cause third parties to: (a) modify, disrupt or interfere with the Service; (b) modify, adapt, translate, reverse engineer, decipher, decompile, reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; (c) excessively overload the systems that LaundryPOS uses to provide the Service; or (d) provide access to or furnish any part of the Service to any third party.
• You shall not send or transmit any material which infringes any third party's intellectual property rights.
• You shall not create a false identity or submit inaccurate, false or misleading information.
• LaundryPOS may, at its sole and absolute discretion and without prior notice to you, amend, suspend, vary or withdraw the Service, these Terms, Portal, Site and/or App at any time.
• You shall be solely responsible for your use of the Service, Portal, Site and App, and shall indemnify LaundryPOS for, and hold LaundryPOS harmless from, all loss, costs, and damages incurred by LaundryPOS in connection with any claims by third parties against LaundryPOS in relation to your use of the Service, Portal, Site and App.
• You hereby represent, warrant and covenant to LaundryPOS that at all times: (a) you have all rights, consents, licences and permits that may be necessary or desirable for you to use Your Content; (b) all of Your Content comply with all applicable laws and regulations and do not violate the rights of any third party.
• You represent and warrant to LaundryPOS that you have the full corporate rights, power and authority to agree to these Terms and perform the obligations agreed by you.
• You hereby agree that LaundryPOS may, but is not obliged to, use your business name and logo and refer to you as a user of the Service in any publicity, press release, advertising or marketing material.
• You agree that you are solely responsible to obtain or provide any hardware or software that you may need to gain access to and use the Service.
• You agree that LaundryPOS is the sole owner of and has the right to use any feedback you provide on the Service in any way whatsoever.
• You hereby agree to grant LaundryPOS a worldwide, royalty-free, non-exclusive license to publish, alter, adapt, compile, host and use Your Content for the purpose of providing you with the Service.

6. Custom Branded App

The below provisions (a) to (h) apply to you if LaundryPOS has agreed to supply you with a Custom Branded App (the "App" or the "Custom Branded App"). The other Terms and Conditions herein also apply to you in relation to your App and, where applicable, references to the Service will be read as including reference to your App.

• a) Once you have agreed to purchase the Custom Branded App and chosen your payment plan, you will need to complete the steps 1-5 listed out to you. Upon completion of those steps, development of your app will take around 6-8 weeks.
• b) There are two separate payment plans in connection with your App that you may choose from:
  • Pro Licence: Pay the full amount for your App in one instalment in advance plus a monthly fee for the software licence.
  • Grow+ Plan: Pay for your App, Maintenance Plan and Grow Subscription Plan through an ongoing bundled subscription plan with a minimum 12-month commitment.
• c) If you have selected the Grow+ Plan and your account is terminated prior to the end of the initial 12-month period, you will be liable to pay LaundryPOS the remaining unpaid months within the initial 12 month period.
• d) After the termination of your account by either party, you will not be able to access any future data created by your App.
• e) If you have opted in to LaundryPOS's Optional Maintenance Plan, LaundryPOS will provide you with technical support in relation to your App, including one update within a 12-month period at your request.
• f) If you have opted in to the Maintenance Plan and you are not currently subject to the Monthly Payment Plan, you will pay LaundryPOS the Optional Maintenance Fee each month.
• g) If you have not opted into the Maintenance Plan, you hereby acknowledge that you are not entitled to technical support or updates to your App.
• h) Your hereby agree that, notwithstanding any of the terms contained in this section, the section headed "Limitation of Liability" applies to you in connection with your App.

7. Payment Terms

By creating an Account / registering for a Free Trial and subscribing for the Service or renewing your subscription for the Service, you indicate you agree to the charges imposed by LaundryPOS for the Service you have requested. You agree to comply with any payment terms that LaundryPOS may impose from time to time. You may be required to pay LaundryPOS in advance and/or an annual, half yearly, quarterly or monthly basis to use the Service as set out in your Account. Your subscription will be automatically renewed on or close to its expiry at the subscription rates applicable at the time of renewal unless you request to cancel your account. All sums payable by you to LaundryPOS may be quoted exclusive of any goods and services tax, or any other taxes. Subscription to LaundryPOS is done on a per store basis. You will require one subscription per store (including virtual stores, locations or services). No refunds will be processed on subscriptions that have already started and no downgrades from higher subscriptions are allowed.

8. Term and Termination

LaundryPOS shall have the right to terminate the Agreement, without prior notice, if you breach or fail to comply with any provision of the Agreement. The Agreement and your ability to use the Service shall also automatically terminate upon the cancellation of your subscription. After termination, LaundryPOS may, at its sole discretion, maintain any data you have uploaded into its systems. If termination is due to your failure to pay your invoice in a timely basis, you may reactivate your Account and access your data if renewal under such circumstances is enabled by LaundryPOS. If you signed up for an Annual agreement, an early termination fee consisting of the remaining value of your subscription will be charged.

9. Data Privacy

You or your customers, partners or associates, whichever may be applicable, are the owner of any data you upload into the Service ("Your Data"). You hereby agree that LaundryPOS is the owner of all data other than Your Data, including any system generated data generated by the Service or any data compiled from data inputted into the Service by all Users on an aggregate basis ("LaundryPOS Data"). By using our Service we may need to process the personal data of your customers. Both LaundryPOS and you will comply with the obligations under the Data Protection Act 2018 and the General Data Protection Regulation ((EU) 2016/679) ("Data Protection Legislation"). Where we process any personal data on your behalf when performing our obligations under the Agreement, you shall be controller and LaundryPOS shall be processor for the purposes of the Data Protection Legislation.

10. Your Account

The responsibility to keep secure and confidential any password(s) and user ID(s) LaundryPOS may issue to you to access the Service and your Account, rests solely with you and the employees, representatives and agents of yours that are entrusted with the same. If you become aware of any unauthorized access to your Account, or any misuse of your password(s) and user ID(s) you must activate the process put in place to disable your Account and/or re-issue new password(s) or user ID(s) as soon as possible. You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as user(s) or administrator(s) of your Account for the Service.

11. Indemnity

If LaundryPOS and/or any of their affiliates take any action to enforce any of these Terms, you agree to indemnify and hold harmless the Indemnified Parties, their affiliates, and their respective officers, directors, employees and agents from and against any and all claims, losses, costs, expenses, causes of action or demands, including reasonable legal and accounting fees, arising out of and relating to your use of the Service, and any and all breaches by you of these Terms.

12. Disclaimer

UNLESS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, LAUNDRYPOS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING ITS SITE, APP, SERVICE OR OTHER PRODUCTS OR SERVICES AVAILABLE ON ITS SITE OR APP AND/OR ANY MATERIALS PROVIDED ON THE SITE OR APP, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. LAUNDRYPOS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICE, OR THE SITE OR APP. LAUNDRYPOS EXPRESSLY DISCLAIMS ALL WARRANTIES, AND TERMS IN RELATION TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LAUNDRYPOS BE LIABLE FOR ANY LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND; OR ANY LOST PROFITS, ORDERS, REVENUES, SAVINGS, BUSINESS OPPORTUNITIES OR DATA. If, notwithstanding the foregoing, LaundryPOS should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Service, Site or App, to the full extent permitted by law, the combined aggregate liability of LaundryPOS shall in no event exceed the value of the monthly subscription for the Service paid by you or £1000.00, whichever is lower.

14. Force Majeure

LaundryPOS has no responsibility for and is released from all contractual obligations and liability if its performance of these Terms is affected by an event of force majeure. For the purpose of this clause, the term "force majeure" means and includes any event which was not under the control of LaundryPOS, or was not reasonably foreseeable, including, but not limited to any natural disaster, fire, national emergency, strike or equivalent labour action, or the unavailability of the Internet for reasons beyond the control of LaundryPOS.

15. General Provisions

If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion. If any part of the Agreement is held by a court of law to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement. You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission. These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms will be subject to the jurisdiction of the courts of England and Wales.

Service Level Agreement

Monthly Uptime Guarantee

LaundryPOS guarantees that its Service will be available 99.9% of the time in a calendar month ("Monthly Uptime Guarantee"), excluding Maintenance and Exclusions. You are eligible to claim service credit(s) for Service Downtime if LaundryPOS fails to meet the Monthly Uptime Guarantee, provided the total Service Downtime of 0.1% in a calendar month is verified by LaundryPOS. "Service Downtime" is defined as an inability to access the Service caused by failure of network equipment managed, owned, leased or used by LaundryPOS to provide the Service.

Irrecoverable Data Guarantee

If you attempt to access any of your data but the data is irrecoverable, you must report the same to LaundryPOS as soon as possible. If the result of LaundryPOS's investigation indicates that the cause of such irrecoverable data is due to the fault of LaundryPOS, then LaundryPOS will grant a service credit to you up to a maximum of the fee charged to you for the calendar month during which the irrecoverable data event took place.

Support

LaundryPOS provides 8/5 free support during business hours to those on the Professional and Grow subscriptions. Support queries are prioritised based on urgency and you should expect a response to an query within 24 to 48 business hours. Support does not include training.

Exclusions

Customer shall not be entitled to any service credits if any Service Downtime is due to the following ("Exclusions"):

• the actions or omissions of yourself or your employees, agents, representatives or contractors
• Maintenance carried out by LaundryPOS
• a denial of Service attack, hacker activity, or other malicious event
• failure of any hardware, software, network or Internet infrastructure not owned or managed by LaundryPOS
• factors outside LaundryPOS's reasonable control

Maintenance

"Maintenance" means:

• any scheduled maintenance of the cloud data centres used by LaundryPOS of which you are notified at least 2 days in advance
• any maintenance of the data centres that is necessary to avoid an immediate threat to the data centre or the Service