Syarat Layanan

1. Introduction and Acceptance

These Terms of Use ("Terms") constitute a legally binding agreement between you (whether as a merchant, merchant personnel, end consumer, or website visitor) and the applicable klikit entity identified in Section 2 below (collectively, "klikit," "we," "us," or "our").

By creating an account, subscribing to any plan, accessing the klikit platform, websites, mobile applications, APIs, or any related services (the "Services"), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you are entering into these Terms on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" refer to that entity.

If you do not agree to these Terms, you must not access or use the Services.

2. Contracting Entities

Your contractual relationship is with the klikit entity corresponding to the jurisdiction in which your primary business operations are located:

3. Eligibility

You must be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is higher) to use the Services. By using the Services, you represent and warrant that you meet this requirement. If you are accessing the Services on behalf of a minor (e.g., a family member placing an order through a merchant's webshop), you accept full responsibility for that minor's use.

4. Service Description

klikit provides a software-as-a-service ("SaaS") merchant operating system for the food and beverage industry, including but not limited to:

• Point of Sale (POS) and order management;
• Multi-channel order aggregation (integrating third-party delivery platforms);
• Menu management and synchronization;
• Webshop, QR ordering, kiosk, and reservation modules;
• Payment processing facilitation (via third-party payment processors);
• Inventory and kitchen display systems;
• Analytics, CRM, loyalty, and marketing tools;
• API access for custom integrations.

The specific features available to you depend on your subscription plan and jurisdiction.

5. Accounts

5.1 Registration

To access the Services, you must create an account with accurate, complete, and current information. You agree to update your information promptly if it changes. One account per individual; automated account creation is prohibited.

5.2 Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@klikit.io if you become aware of any unauthorized access or use. klikit is not liable for losses arising from unauthorized use of your account where you have failed to maintain credential security.

5.3 Personnel Access

Merchant account administrators are responsible for managing personnel access, permissions, and roles within their account. All actions taken by personnel are attributed to the merchant and deemed authorized by the merchant.

5.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account at our discretion if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to the security or integrity of the Services. Where practicable, we will provide notice and an opportunity to cure before termination, except in cases of egregious violations.

6. Subscriptions, Billing, and Payments

6.1 Plans and Pricing

The Services are offered on a subscription basis under the plans and pricing published at klikit.io/en/pricing or as agreed in a separate order form or enterprise agreement. Prices are exclusive of applicable taxes (GST, VAT, withholding tax, or equivalent) unless otherwise stated.

6.2 Billing Cycle

Subscriptions are billed monthly or annually in advance, depending on the plan selected. Your billing cycle begins on the date of subscription activation.

6.3 Payment Methods

Payments are processed through third-party payment processors. The available payment methods and processor depend on your jurisdiction:

• Singapore, Japan, Australia, New Zealand: Stripe
• Philippines, Malaysia: Xendit
• Indonesia: Xendit, CIMB Niaga
• Taiwan: TapPay

You authorize the applicable payment processor to charge your designated payment method for all fees due under your subscription.

6.4 Overdue Payments

If payment fails or is overdue for more than 7 days, we may:

• Suspend access to the Services until payment is received;
• Charge late fees of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on outstanding balances; and
• Refer overdue amounts to a collections agency.

6.5 Transaction-Based and Usage-Based Fees

In addition to subscription fees, certain features may incur transaction-based fees (e.g., a percentage of order value processed through klikit-powered webshops or payment facilitation) or usage-based fees (e.g., SMS or messaging volume). These fees will be disclosed in your plan details or order form and billed in arrears.

6.6 Price Changes

We may adjust pricing with at least 30 days' prior written notice. Price increases apply at the start of your next billing cycle following the notice period. If you do not agree to a price increase, you may cancel your subscription before the new pricing takes effect.

7. Cancellation and Refunds

7.1 Cancellation by You

You may cancel your subscription at any time by providing notice through the platform or by emailing support@klikit.io. Cancellation takes effect at the end of the current billing period. You will retain access to the Services until the end of that period.

7.2 Refunds

Subscription fees are non-refundable, except where required by applicable consumer protection law. If you believe you are entitled to a refund under applicable law, contact support@klikit.io.

7.3 Effect of Termination

Upon termination or expiration of your subscription:

• Your access to the Services will cease;
• We will retain your data for 30 days, during which you may request an export of your data in a standard machine-readable format (CSV or JSON);
• After the 30-day period, we will delete your data in accordance with our Privacy Policy, subject to any legal retention obligations.

8. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with these Terms. You shall not, and shall not permit any third party to:

• Use the Services for any unlawful, fraudulent, or malicious purpose;
• Interfere with, disrupt, or compromise the integrity, security, or performance of the Services or any associated systems, networks, or data;
• Attempt to gain unauthorized access to any part of the Services, other accounts, servers, or networks;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services, except to the extent expressly permitted by applicable law;
• Scrape, crawl, or use automated means to access the Services or extract data, except through our published APIs in accordance with applicable rate limits and documentation;
• Transmit any virus, worm, trojan, ransomware, or other malicious code;
• Use the Services to send unsolicited communications (spam), chain letters, or mass distributions;
• Sublicense, resell, or distribute access to the Services to any third party without our prior written consent;
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Services;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Use the Services in a manner that violates any applicable law, regulation, or third-party right (including intellectual property and privacy rights); or
• Encourage or assist any third party to do any of the foregoing.

9. Merchant Responsibilities (Webshop, QR Ordering, Kiosk)

9.1 Merchant as Seller

klikit is a technology platform provider. When end consumers place orders through a merchant's klikit-powered webshop, QR ordering system, kiosk, or similar channel, the merchant is the seller and the contracting party with the end consumer. klikit is not a party to those transactions.

9.2 Compliance

Merchants are solely responsible for:

• Complying with all applicable laws and regulations governing their business, including food safety, consumer protection, tax, and licensing requirements;
• The accuracy of product listings, descriptions, images, pricing, and availability;
• Fulfillment, delivery, returns, and refunds owed to their customers;
• Maintaining their own privacy policy and complying with applicable data protection laws with respect to end-consumer data processed through the Services; and
• Obtaining all necessary licenses, permits, and registrations.

9.3 Consumer Disputes

Disputes between merchants and end consumers are to be resolved directly between those parties. klikit may, at its discretion, facilitate communication but assumes no liability for the outcome.

10. Third-Party Integrations

10.1 Aggregator and Marketplace Integrations

The Services enable integration with third-party delivery aggregators and marketplaces (e.g., GrabFood, GoFood, Foodpanda, ShopeeFood, Deliveroo, TikTok Shop). Your use of these integrations is subject to the terms and conditions of the respective third-party platform. klikit is not responsible for the availability, accuracy, or performance of third-party platforms.

10.2 Payment Processor Terms

Your use of payment processing features is subject to the terms of the applicable payment processor (Stripe, Xendit, CIMB Niaga, or TapPay). You must comply with those terms in addition to these Terms.

10.3 API Access

Where you access the Services via our APIs, you agree to comply with our API documentation and rate limits. We reserve the right to throttle, suspend, or revoke API access for violations of these Terms or excessive use.

11. Intellectual Property

11.1 klikit IP

All intellectual property rights in and to the Services — including the platform, software, applications, website, documentation, graphics, logos, trademarks, trade names (including "klikit"), and any content provided by klikit — are and shall remain the exclusive property of klikit or its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license to use the Services as set out herein.

11.2 License to Use the Services

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business operations during the term of your subscription.

11.3 Your Content

You retain ownership of all data and content you upload, submit, or transmit through the Services ("Your Content"). By using the Services, you grant klikit a worldwide, non-exclusive, royalty-free license to use, process, store, display, and transmit Your Content solely to the extent necessary to provide and improve the Services. This license terminates when you delete Your Content or when your account is terminated, subject to our data retention obligations.

11.4 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant klikit an unrestricted, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without obligation to you.

12. Data Ownership and Portability

12.1 Your Data

As between you and klikit, you own all merchant data, order data, customer data, and other content you input into the Services. klikit processes this data as a service provider on your behalf.

12.2 Data Export

You may request an export of your data at any time during your active subscription by contacting support@klikit.io. We will provide your data in a standard machine-readable format (CSV or JSON) within a reasonable timeframe.

12.3 Aggregated and Anonymized Data

We may create aggregated, anonymized, or de-identified data derived from your use of the Services. Such data does not identify you or any individual and may be used by klikit for any purpose, including benchmarking, analytics, product improvement, and marketing.

13. Service Availability and Support

13.1 Availability

We use commercially reasonable efforts to maintain the availability of the Services. However, the Services are provided on an "as available" basis, and we do not guarantee uninterrupted or error-free operation. Scheduled maintenance will be communicated in advance where practicable.

13.2 Support

Support is available through the channels and during the hours specified for your subscription plan. Response times depend on the severity of the issue and the support tier included in your plan.

14. Warranties and Disclaimers

14.1 Limited Warranty

We warrant that the Services will perform materially in accordance with the applicable documentation during your subscription term. If the Services fail to meet this warranty, your sole remedy is for us to use commercially reasonable efforts to correct the non-conformity, or, if we are unable to do so within a reasonable time, to terminate your subscription and provide a pro-rata refund of prepaid fees for the unused portion of the term.

14.2 Disclaimers

EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

15. Limitation of Liability

15.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLIKIT OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLIKIT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO KLIKIT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) SGD 1,000.

15.3 Exceptions

The limitations in this Section 15 do not apply to: (a) liability that cannot be excluded or limited by applicable law; (b) your payment obligations under these Terms; or (c) either party's liability for fraud, willful misconduct, or gross negligence.

16. Indemnification

16.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless klikit, its affiliates, and their respective officers, directors, employees, and agents (each, an "Indemnified Party") from and against any and all third-party claims, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) arising out of or related to:

• Your access to or use of the Services, including any use by your personnel, agents, or contractors;
• Your use of the Services in violation of these Terms or any applicable law, regulation, or third-party right;
• Your Content or any data you input, process, store, or transmit through the Services;
• Any products or services you sell, market, or fulfill through or in connection with the Services, including any claims by end consumers relating to product quality, safety, labelling, allergens, delivery, or refunds;
• Disputes between you and your customers, end consumers, delivery partners, aggregator platforms, or any other third party;
• Any tax, duty, or regulatory liability arising from your business operations conducted through the Services;
• Your negligence, willful misconduct, or fraud; or
• Any breach of your representations or warranties under these Terms.

16.2 Cumulative and Independent Obligation

The indemnification obligations in this Section 16 are cumulative with, and independent of, any indemnification, defence, or hold-harmless obligations you may owe to klikit under any separate subscription agreement, order form, enterprise agreement, data processing agreement, or other contract between you and klikit (each, a "Customer Agreement"). For the avoidance of doubt:

• This Section 16 applies to all users of the Services, whether or not a separate Customer Agreement is in place;
• Where a Customer Agreement contains its own indemnification provisions, those provisions operate in addition to (and not in substitution for) the obligations in this Section 16;
• klikit may enforce the indemnification obligations under these Terms, under a Customer Agreement, or under both, at its sole election; and
• A claim, waiver, settlement, or release under one set of indemnification obligations does not limit, reduce, or extinguish the other, except to the extent that klikit has been made whole for the same loss.

16.3 Procedure

klikit will promptly notify you of any claim for which it seeks indemnification (provided that failure to notify does not relieve your obligations except to the extent you are materially prejudiced). You shall have the right to control the defence of any such claim with counsel reasonably acceptable to klikit, provided that klikit may participate in the defence at its own expense and that you may not settle any claim without klikit's prior written consent if the settlement imposes any obligation on klikit, admits liability on klikit's behalf, or does not unconditionally release all Indemnified Parties.

17. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, terrorism, pandemics, epidemics, labor disputes, internet or telecommunications failures, power outages, or third-party service provider outages. The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact.

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict-of-law provisions, except to the extent that mandatory consumer protection laws of your jurisdiction require otherwise.

18.2 Informal Resolution

Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for a period of at least 30 days.

18.3 Jurisdiction

If informal resolution is unsuccessful, any dispute arising out of or in connection with these Terms shall be submitted to the non-exclusive jurisdiction of the courts of the Republic of Singapore. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order form or enterprise agreement, constitute the entire agreement between you and klikit with respect to the Services and supersede all prior agreements, understandings, and representations.

19.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

19.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

19.5 Notices

Notices to klikit must be sent to legal@klikit.io. Notices to you will be sent to the email address associated with your account or posted on the platform.

19.6 Survival

Sections that by their nature should survive termination shall survive, including but not limited to: Intellectual Property (Section 11), Data Ownership (Section 12), Disclaimers (Section 14), Limitation of Liability (Section 15), Indemnification (Section 16), Dispute Resolution (Section 18), and General Provisions (Section 19).

20. Changes to These Terms

We may update these Terms from time to time. Where changes are material, we will provide at least 30 days' prior notice through the platform, by email, or by other appropriate means. The "Effective Date" at the top of this page indicates when the Terms were last updated. Continued use of the Services after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services and cancel your subscription.

21. Contact Us

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

Legal Enquiries: legal@klikit.io

General Support: support@klikit.io

Registered Office
KLIKIT PTE. LTD.
Singapore