Terms of Service

1. Who we are and who these terms apply to

These Terms of Service (“Terms”) govern the use of SovranPOS and the related website and services provided by SOVRAN DIGITAL LTD, company number 17051226, registered office Office 17116, 182–184 High Street North, East Ham, London, E6 2JA, United Kingdom (“we”, “us”, “our”).

The Service is offered to businesses — companies, partnerships, sole traders acting in a commercial capacity and public bodies. It is not offered to consumers. By placing an order, opening an account or using the Service, you confirm that you act for a business and that you may bind it to these Terms.

These Terms apply together with the order confirmation, the plan description shown on our Pricing page at the time of order, our Privacy Policy, the Cookie Policy and, for business customers, the data processing agreement (“DPA”). If the documents conflict, the order confirmation prevails for the commercial terms, the DPA prevails for data protection, and these Terms prevail over general marketing pages.

Any terms of the customer that conflict with these Terms are not part of the contract unless we accept them in writing.

2. The service

SovranPOS is a cloud-based point-of-sale system that brings the till, stock, staff administration, reporting and fiscalisation into one application. The exact scope depends on the plan ordered. Feature lists and screenshots on the website describe the product; the plan at the time of order and the order confirmation define what you receive.

We may improve, change or replace individual features where this is reasonable for the customer and does not remove a core function of the ordered plan. We will inform customers in advance of changes that materially affect use.

The public website, price calculator, demo and shop pages are information and an invitation to request a quote. They are not a binding offer. A contract for the subscription arises when we confirm the order in writing or activate the account. A contract for hardware arises only when we confirm the hardware order in writing.

The Service depends on third-party components, including the hosting infrastructure, the payment terminal, the certified TSE used for fiscal signing, internet access and the customer’s own devices. Those components may be subject to their providers’ terms. We will tell you which components form part of your order.

3. Account and access

• You must provide accurate, current and complete information and keep it up to date.
• You are responsible for every user you create, the permissions you give them and every activity carried out under their credentials.
• Keep passwords and staff PINs confidential. Tell us immediately if you suspect unauthorised access.
• We recommend enabling two-factor authentication for every administrator account.
• We may suspend access if we have a reasonable belief of a security risk, unlawful use, non-payment or a breach of these Terms. We will tell you why and restore access when the reason is resolved.

4. Plans, prices and payment

The subscription price is the price shown for the chosen plan on the Pricing page at the time of order. All prices on the website are final prices including statutory VAT. Invoices show the VAT treatment that applies to your business, including any reverse-charge treatment required for a cross-border business customer. Where reverse charge applies, the invoice shows the net amount and the statutory note; the gross prices on the website are for comparison.

The plan includes the capacities stated for it: users, locations, tills, products and monthly sales. A till beyond the first costs €25.00 per month on every plan. There is no setup fee unless your order confirmation says otherwise. The yearly option costs less than twelve monthly payments, as shown on the Pricing page.

Invoices are due within 14 days unless the order confirmation says otherwise. You may pay by the methods stated on the invoice or agreed in writing. You may only set off undisputed or legally established claims. If a payment is late, we may charge statutory default interest and suspend the Service after a reasonable reminder.

We may change subscription prices with at least 30 days’ notice to the end of the current billing period. If the change applies during a fixed twelve-month term, it takes effect at the next renewal unless the law or the order confirmation says otherwise. If you do not agree to a price change, you may terminate the affected plan before it takes effect.

5. Term, renewal and termination

A monthly plan starts on activation, has an initial term of one month and renews automatically for one month at a time. Either party may terminate it with 14 days’ notice to the end of the current month.

A yearly plan starts on activation, has an initial term of twelve months and renews automatically for further twelve-month periods unless terminated 30 days before the end of the current term.

Either party may terminate for cause without notice, in particular for a material breach that is not remedied within a reasonable period after notice, or for insolvency. Termination must be in writing (email is sufficient).

On termination, access ends at the end of the paid term. We will make the customer’s data available for export on request within a reasonable period and then delete it in accordance with the DPA, subject to statutory retention duties for fiscal and business records. Fees already paid are not refunded unless the customer terminates for cause attributable to us or the law requires a refund.

If a plan is changed, the new plan and its price apply from the next billing period unless otherwise agreed. Downgrades take effect at the next renewal; an upgrade can take effect earlier if the new plan is activated.

6. Customer responsibilities

You are responsible for:

• using the Service lawfully and only for the business you have described;
• the accuracy of products, prices, tax rates, receipts, reports and other data you enter;
• configuring users, roles and permissions so that each person can reach only what they need;
• keeping the devices, network, browser and operating system used with the Service secure and up to date;
• informing your staff and customers about the data you collect and processing it lawfully;
• maintaining your own exports and records where the law requires you to keep them, even if the Service also holds a copy;
• keeping adequate backups or exports of data that is essential to your business;
• not entering unlawful content and not using the Service to violate the rights of others.

You must not attempt to access another tenant’s data, bypass permissions, reverse engineer the Service, interfere with its operation or use it to send unlawful, misleading or unsolicited communications.

7. Fiscalisation and legal compliance

Where a German venue uses our fiscalisation features, the Service supports TSE signing, Z-reports, VAT breakdowns and DSFinV-K export. These functions are technical tools. They do not make the venue compliant by themselves.

The venue remains responsible under the KassenSichV, the GoBD and other applicable rules for the proper operation of its tills, the correct configuration of tax rates, the timely export and retention of records, and for any notification or correction required by the tax authorities. We do not provide tax, accounting or legal advice. Where a TSE component is unavailable, the system raises an alert and records the attempt; the venue must follow its statutory fallback and documentation duties.

Other legal obligations in other countries remain with the customer. The Service is built around the German fiscal requirements described on the website. Some country pages describe additional local modules, such as Austria, France, Italy or Spain. Those modules are supplied as described at the time of order, and the customer confirms in writing before ordering that the Service meets the rules of every country in which it operates. A local module does not transfer the customer’s statutory duties to us.

8. Availability, maintenance and support

We aim to keep the Service available and secure. Availability may be interrupted by planned maintenance, emergency maintenance, failures of third-party networks or providers, or events outside our reasonable control. We do not promise uninterrupted availability and do not offer a service level agreement unless a separate written SLA has been agreed.

We will carry out planned maintenance outside normal business hours where possible and give reasonable notice. Support is available by email and telephone during our normal business hours. The support level stated for your plan (for example priority support) applies as described at the time of order. We do not guarantee a fixed response time unless an SLA says so.

We may temporarily limit or suspend the Service for security reasons, to prevent misuse or to protect other customers. We will restore it as soon as reasonably possible.

9. Hardware and devices

Devices, kits and accessories shown in our shop are offered by way of an invitation to request a quote. A hardware contract is formed only when we confirm the order in writing. The confirmed order states the devices, price, delivery arrangements and any lead time.

Unless the order says otherwise, hardware is supplied with the manufacturer’s warranty. Your statutory rights remain unaffected. Risk passes as agreed in the order; if we deliver within the UK, the statutory default rules apply. Consumables, damage caused by misuse and normal wear are not covered unless the order says so.

10. Intellectual property

The Service, its software, design, documentation, trademarks and content are owned by us or our licensors. You receive a non-exclusive, non-transferable, revocable right to use the Service for your business during the contract term, limited to the plan you ordered and these Terms. You must not copy, resell, sublicense, modify, decompile or create a competing product from the Service, except where the law expressly permits it.

You retain all rights to the data and content you enter. You grant us the right to process that data only to provide, secure and support the Service, as described in the DPA. We may use anonymised and aggregated statistics that cannot identify you or your customers to improve the Service.

If you send us a suggestion or feedback, we may use it without a royalty. We will not publish your business name or data as a reference without your permission.

11. Data protection

We process personal data as described in the Privacy Policy. Where we process data on your behalf, the DPA applies. The customer is the controller for its business, staff and customer data; we act as processor on documented instructions.

The customer must have a lawful basis for the data it enters and must give the required notices to its staff and customers. It must not instruct us to process special categories of data unless the law allows it and the DPA covers it.

12. AI-assisted features

Optional AI-assisted features produce suggestions based on the data and the request supplied. Their output can be incomplete or wrong. The venue must review any result before using it for a business, tax, staffing or customer decision. AI output does not create an automated decision with legal effect. The customer remains responsible for the final decision and for complying with applicable AI and data protection law.

13. Confidentiality

Each party must keep confidential the non-public information it receives from the other in connection with the contract, including business data, prices, source code, security information and customer lists. A party may disclose information where required by law or by a competent authority, provided it gives the other party reasonable notice where lawful. This duty continues for three years after the contract ends, and indefinitely for trade secrets.

14. Liability

We are liable without limitation for intent, gross negligence, death or personal injury, fraud and any liability that cannot be excluded by law.

For simple negligence, we are liable only for the breach of a material contractual obligation and only for the foreseeable damage typical for this type of contract. Our total liability for all claims arising from or in connection with the Service is limited to the fees paid by the customer for the affected Service in the twelve months before the event giving rise to the claim.

We are not liable for lost profits, lost revenue, loss of goodwill or indirect or consequential loss, except where mandatory law provides otherwise. We are not liable for data loss to the extent the customer could have prevented it by keeping its own exports or backups, or to the extent the loss results from a third-party service outside our control. Nothing in these Terms limits liability for defects we have fraudulently concealed.

The customer is liable for the lawful use of the Service and for claims arising from data or content it enters.

15. Changes to these terms

We may change these Terms where necessary for a change in the Service, law, technology or our providers. We will give at least 30 days’ notice by email or in the application before a material change takes effect. If the change materially disadvantages the customer, the customer may object or terminate the affected plan before the change takes effect. Continued use after the effective date is acceptance of the change.

16. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over disputes arising out of or in connection with the contract. Mandatory rules that protect the customer under the law of another country remain unaffected.

Before starting proceedings, the parties will try in good faith to resolve the dispute through the contact persons named in the order. This does not prevent either party from applying for urgent injunctive relief.

17. General

These Terms, the order confirmation and the documents named in section 1 are the entire agreement between the parties and replace earlier discussions about the same subject. A failure to enforce a provision is not a waiver. If a provision is invalid, the remaining provisions remain effective and the invalid provision is replaced by a valid one that comes closest to its purpose. The customer may not assign the contract without our written consent; we may assign it to an affiliate or in connection with a corporate restructuring if the customer’s rights are not reduced.

18. Contact