Terms of Service

1. Acceptance of Terms

By accessing our website, submitting a quote request, signing an Order Form, or using any Thimi Solutions software ("Service"), you agree to these Terms of Service ("Terms"). If you are subscribing on behalf of a business, you represent that you have the authority to bind that business to these Terms.

These Terms constitute a legally binding agreement between you ("Client", "Subscriber") and Thimi Solutions LLC, a Massachusetts limited liability company ("Thimi", "we", "us").

2. Description of Services

Thimi Solutions provides the following categories of services:

• Restaurant and retail software subscriptions, per location: Kiosk Combo (self-order kiosk + Kitchen Display System + Admin Panel) at $99/month, and POS Combo (Thimi POS register, including the Thimi POS desktop application for Windows, + Kitchen Display System + Admin Panel) at $149/month. Includes hosting, updates and ongoing technical support.
• Optional modules: such as loyalty, email campaigns, an online ordering website, and additional kiosks, registers, devices or locations. These are quoted individually, and their price is stated in the Order Form.
• Setup Fee ($500 one-time, per location, unless a different amount is stated in the Order Form): Initial configuration, menu loading, hardware setup assistance, and staff training.
• Optional Equipment Plans: Rental of compatible equipment (for example, a card reader, a kitchen tablet or a receipt printer), as described in Section 4A.
• Custom Development Projects: Web development, mobile applications, interactive dashboards, data analytics pipelines, and cloud integrations. These are quoted individually and governed by a separate Statement of Work (SOW).

Current prices are also listed on our pricing page. The prices in your signed Order Form apply to you.

2A. Card Processing and Thimi Fee

Card payments are processed by Stripe through a Stripe account in the Client's name, under the Client's own agreement with Stripe. Funds are deposited by Stripe directly into the Client's bank account; Thimi never holds the Client's funds. Each card transaction carries Stripe's standard processing fee, which the Client pays to Stripe. Stripe's fees for disputes and chargebacks are also charged by Stripe to the Client.

Thimi charges a fee of 0.5% of each card transaction processed through the Service (the "Thimi Fee"), unless the Client's signed Order Form states a different rate. The Thimi Fee:

• It is a percentage of the amount captured on the card, which may include a tip added before the charge is captured. Cash payments, and authorizations cancelled before capture, carry no Thimi fee.
• It is collected automatically through Stripe Connect at the time of the charge.
• It is returned in proportion to any refund, whether the refund is made through the Thimi POS, the Admin Panel or the Client's own Stripe dashboard.
• It is a cost of the Client's business. The Client is responsible for complying with any law that limits deductions from employee tips.

Changes to the Thimi Fee: Thimi may change the Thimi Fee, up to a maximum of 1% of each card transaction, by giving the Client at least 30 days' written notice (email is enough). If the Client does not accept the change, the Client may cancel before it takes effect, as described in Section 3, without penalty.

2B. Dual Pricing / Cash Discount Program

The Service includes an optional Dual Pricing / Cash Discount Program (the "Program"). When the Client turns it on: (a) the prices shown on the Client's menus, kiosk and register are card prices; (b) customers who pay cash receive a discount from those prices; and (c) online menus may include an adjustment built into each item price, shown before checkout. The Service never adds a card fee or surcharge at checkout.

Under the Program, the card price is designed to cover the Client's card processing costs (Stripe's fees and the Thimi Fee), so those costs are funded by the customers who choose to pay by card and not at the Client's expense; that is what we mean by "0% processing cost." Stripe's fees and the Thimi Fee are still charged on each card transaction, as described in Section 2A.

The Client decides whether to use the program and sets its own prices and cash discount. The Client is responsible for complying with the laws that apply to its prices and payment methods — including Massachusetts General Laws chapter 140D, section 28A, which prohibits surcharges on credit card purchases, and the price-disclosure rules in 940 CMR 38.00 — and for any notices to its customers. Thimi does not provide legal or tax advice.

3. Subscription, Billing, and Cancellation

Billing: Subscription fees are billed monthly (or annually where offered). All payments are processed through Stripe. By subscribing, you authorize Stripe to charge your payment method on a recurring basis.

Month-to-month software: Software subscriptions are month-to-month, and there are no cancellation penalties on software subscriptions. Annual subscriptions, where offered, are for 12 months and do not auto-renew without your confirmation.

Equipment Plans: Optional Equipment Plans have the fixed term, end-of-term options and early termination terms stated in the Order Form (see Section 4A).

Introductory prices: If an Order Form includes an introductory price, it states how long it lasts and the regular price that applies afterwards.

Cancellation: You may cancel your subscription at any time by contacting us via email or WhatsApp. Cancellation takes effect at the end of the current billing period. We do not offer prorated refunds for partial months on monthly plans.

Annual plan refunds: If you cancel an annual subscription within 30 days of the billing date and have not gone live with the system, we will issue a prorated refund for unused months minus the setup fee.

3A. Taxes

Prices exclude taxes. Massachusetts sales tax (currently 6.25%) is added to taxable charges, including software subscriptions and equipment rental, and to setup fees where required by law. Taxes are itemized on each invoice.

4. Hardware and Technical Requirements

The Service runs on any Android tablet or iPad 10" or larger (Android 8.0 or iPadOS 15 or higher recommended), and also runs as a web application in a modern browser. Thimi does not sell or require proprietary hardware. Thimi POS is also available as a desktop application for Windows PCs. Unless the Client rents equipment from Thimi under an Equipment Plan, the Client is responsible for:

• Providing a compatible device — an Android tablet, an iPad, or a computer capable of running a modern browser.
• Maintaining a stable internet connection at your location.
• Connecting a compatible payment terminal, supported by whichever payment processor you select (Stripe or Square).
• Mounting, positioning, and physical security of the device.

Thimi provides remote configuration support and on-site setup assistance (included in the setup fee for locations within the Greater Boston area).

Thimi POS desktop application: during the subscription, Thimi grants the Client a non-exclusive, non-transferable license to install and use the Thimi POS application on the Client's own devices. The application updates itself automatically and reports technical status to Thimi (such as its version and connection status) so we can keep it working and provide support. The license ends when the subscription ends.

4A. Equipment Plans (optional)

Where an Order Form includes an Equipment Plan, Thimi rents the listed equipment to the Client for the monthly fee and term stated there. The equipment remains Thimi's property; an Equipment Plan is a lease, not a sale. Thimi repairs or replaces equipment that fails in normal use. The Client is responsible for loss, theft and damage beyond normal use, for keeping the equipment at the service address, and for maintaining an internet connection. End-of-term options, deposits and any early termination fee are stated in the Order Form.

4B. Ordering and Marketing Features

Phone and delivery orders: the Service lets the Client record phone, pick-up and delivery orders and set its own delivery area, fee and minimum. Deliveries are made by the Client's own staff. The Service does not connect to third-party delivery platforms unless an Order Form says so.

Loyalty and email campaigns: where the Client uses these features, the Client decides which customers are enrolled and what is sent, and messages are sent on the Client's behalf. The Client is responsible for obtaining its customers' consent where the law requires it, honoring unsubscribe requests, and complying with the CAN-SPAM Act and other applicable marketing and privacy laws.

5. Acceptable Use

You agree not to:

• Reverse-engineer, decompile, or attempt to extract the source code of Thimi software.
• Share your access credentials with unauthorized parties.
• Use the Service for any unlawful purpose or in violation of any applicable laws.
• Attempt to gain unauthorized access to other tenants' data or systems.
• Interfere with or disrupt the integrity or performance of the Service.

6. Data Ownership

You retain full ownership of your business data — menu items, order history, customer analytics, and financial records generated through your use of the Service. Thimi does not claim ownership of your business data.

Upon cancellation, you may request an export of your data in CSV or JSON format within 30 days. After 30 days from cancellation, data may be deleted from our systems.

7. Uptime and Service Availability

We target 99.5% uptime for the cloud-based components of our Service. Scheduled maintenance will be communicated in advance when possible. Card payments require an internet connection. The POS can record cash sales without internet and syncs them when the connection returns; other functions, including kiosk ordering, online card payments and kitchen updates, need connectivity.

Thimi is not liable for service interruptions caused by third-party infrastructure (Google Firebase, Stripe or Square, internet service providers) or force majeure events.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIMI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE, ARISING OUT OF YOUR USE OF THE SERVICE.

Thimi's total liability to you for any claims arising under these Terms shall not exceed the fees paid by you to Thimi in the three (3) months preceding the claim.

9. Intellectual Property

All software, design, code, and systems developed by Thimi Solutions remain the intellectual property of Thimi Solutions LLC, unless a separate written agreement explicitly transfers ownership (common in custom development projects).

For custom development projects, intellectual property terms will be specified in the individual Statement of Work.

10. Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Suffolk County, Massachusetts.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify active subscribers by email at least 14 days before changes take effect. Continued use of the Service after that date constitutes acceptance of the new Terms.

12. Third-Party Services and Trademarks Disclaimer

All third-party trademarks, service marks, logos, brand names, and trade names referenced on our website (including but not limited to Toast, Square, Clover, Apple Pay, and Google Pay) are the sole property of their respective registered owners. Our references to these competitors and payment systems are for comparative and educational purposes only under fair use principles, and do not imply any affiliation, sponsorship, endorsement, or partnership between Thimi Solutions and these third-party companies.

13. Artificial Intelligence (AI) and Generated Content Disclosure

Thimi Solutions may utilize artificial intelligence (AI) text-to-image and media generation tools (such as Midjourney, DALL-E, and custom shader runtimes) to create background textures, conceptual illustrations, mockups, and virtual presentation imagery. All such AI-generated graphics are utilized strictly for illustrative marketing purposes and do not represent real individuals, proprietary competitor hardware, or direct customer assets. We do not warrant that these representations depict physical hardware layouts or actual client integrations unless explicitly stated.

14. Indemnification

You agree to defend, indemnify, and hold harmless Thimi Solutions LLC, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Service; (b) your violation of these Terms or any applicable law; (c) any dispute or transaction between you and your end-customers (including disputes regarding orders, payments, refunds, or chargebacks on the POS kiosk); or (d) any third-party claims of intellectual property infringement or privacy violations based on content, configurations, or menus you upload to the kiosk platform.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIMI SOLUTIONS LLC DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR BUSINESS REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) COMPARATIVE INFORMATION REGARDING COMPETITOR PRICING (SUCH AS TOAST, SQUARE, OR CLOVER) IS CONTINUOUSLY ACCURATE OR UP-TO-DATE.

16. Order Forms

A signed Order Form or proposal lists the specific services, prices, fees, term and any Equipment Plan for the Client. If an Order Form conflicts with these Terms, the Order Form prevails for that Client.

17. Electronic Signatures and Notices

The parties agree to sign and transact electronically. Electronic signatures and records have the same legal effect as originals under the Massachusetts Uniform Electronic Transactions Act (M.G.L. c. 110G). Notices may be sent by email.