Legal

Terms of Service

Effective: · Last reviewed: (product draft — not counsel-approved)

Draft pending legal counsel review. Not legal advice — do not treat as final production language. This page does not claim PCI Level 1, HIPAA, or any other certification.

Disclaimer

This document is a draft and has not been approved by legal counsel. It does not constitute a PCI certification (including PCI DSS Level 1), HIPAA compliance attestation, or any other regulatory certification. Do not rely on this document for legal compliance until it has been reviewed and approved by a qualified attorney.

1. Agreement

These Terms of Service ("Terms") are a draft contract between you and LYNKSpay for use of the LYNKSpay website, applications, and related services (the "Service"). Final language is pending counsel review before production reliance.

If you use the Service on behalf of a business, you represent that you have authority to bind that business, and "you" includes that business. Related: Privacy Policy.

2. Eligibility & accounts

You must be at least 18 years old and use LYNKSpay for a legitimate business purpose. The Service is not directed to children under 13. We do not knowingly collect personal information from children under 13 (see our Privacy Policy).

  • Provide accurate registration information and keep it current
  • Keep credentials and staff PINs confidential
  • You are responsible for activity under your organization, including staff terminal use
  • Notify us promptly at hello@lynkspay.app of unauthorized access

3. Free trial

New accounts receive a fourteen (14) day free trial. No payment method (no card) is required to start the trial. We will not charge you until you subscribe to a paid plan.

  • During the trial you may use the Service subject to these Terms and any feature limits we publish
  • We will not charge you unless you provide a payment method and subscribe to a paid plan
  • If you do not subscribe before the trial ends, we may limit or suspend access until you upgrade or cancel
  • You may stop using the Service at any time during the trial by ceasing use and requesting account closure at hello@lynkspay.app
  • Trial use is still subject to eligibility (18+, business use) and acceptable-use rules below

4. Subscriptions & pricing

Paid plans are billed monthly per terminal unless otherwise stated. Current published list prices (subject to change with notice): Counter $59 per terminal / month; Service $99 per terminal / month; Group is custom. LYNKSpay does not add a per-order software skim on tickets. Card processing fees are charged by Stripe (or your payment processor) under their terms.

When paid billing is enabled for your account, charges renew each billing period until you cancel. Cancel before the next renewal to avoid the following period's charge. Fees are generally non-refundable except where required by law or expressly stated by us.

5. Card payments & hardware

In-person and card payments are processed by Stripe (including Stripe Terminal where used). You must comply with Stripe's terms and applicable card-network and PCI requirements for your merchant account. LYNKSpay does not store full card numbers (PAN) or CVV in the application database. These Terms do not assert that LYNKSpay holds any specific PCI DSS certification level (including Level 1).

Local hardware (printers, drawers, scanners, readers) may require our optional bridge software on a device you control. You are responsible for securing that device and physical premises.

6. Acceptable use

  • Do not misuse the Service, probe, or disrupt infrastructure
  • Do not use the Service for unlawful activity
  • Do not attempt to access another merchant's data without authorization
  • Do not reverse engineer the Service except where permitted by law
  • Do not create accounts for users under 13 or market the Service as child-directed

7. Your data & privacy

You retain ownership of your business content (menus, tickets, staff records you enter). You grant us a limited license to host and process that content to provide the Service. Our Privacy Policy describes how we handle personal information, including California privacy rights (CCPA/CPRA). To exercise privacy rights, contact hello@lynkspay.app with "Privacy request (CCPA)" in the subject. You are responsible for providing any notices and obtaining any consents required for customer or employee data you process through the POS.

8. Intellectual property

LYNKSpay and its logos, software, and documentation are owned by LYNKSpay or its licensors. These Terms do not transfer ownership of our IP to you. Feedback you provide may be used to improve the Service without obligation to you.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation. Kitchen latency and hardware performance depend on your devices and network.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYNKSPAY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (OR ONE HUNDRED U.S. DOLLARS IF YOU ARE ON A FREE TRIAL AND HAVE PAID NOTHING).

11. Indemnity

You will defend and indemnify LYNKSpay against claims arising from your use of the Service, your content, your payment of taxes, or your violation of these Terms or applicable law, except to the extent caused by our willful misconduct.

12. Suspension & termination

You may stop using the Service at any time. We may suspend or terminate access for breach, risk, non-payment, or legal reasons. Upon termination, your right to use the Service ends. Sections that by nature should survive (including IP, disclaimers, liability, and indemnity) survive termination.

13. Governing law

These Terms are governed by the laws of the State of New York and applicable United States federal law, without regard to conflict-of-law rules. Courts located in New York County, New York will have exclusive jurisdiction, except that we may seek injunctive relief in any jurisdiction. If a mandatory consumer protection law in your location requires otherwise, that law controls to the extent required.

14. Changes

We may update these Terms. Continued use after material changes constitutes acceptance, except where applicable law requires additional consent. If you do not agree, stop using the Service and contact us to close your account. The Effective and Last reviewed dates at the top of this page will be updated when we publish a new draft.

Questions: hello@lynkspay.app.