Terms of Service

1. Acceptance of Terms

By accessing our website, submitting a quote request, 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 ("Thimi", "we", "us").

2. Description of Services

Thimi Solutions provides the following categories of services:

• POS Kiosk Subscription ($99/month or $950/year): A cloud-based self-ordering kiosk platform including the customer-facing kiosk interface, Kitchen Display System (KDS), and Admin Dashboard. Includes setup support and ongoing technical support.
• 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).
• Setup Fee ($500 one-time): Applicable to the POS Kiosk product. Covers initial configuration, menu loading, hardware setup assistance, and staff training.

3. Subscription, Billing, and Cancellation

Billing: Subscription fees are billed monthly or annually, depending on the plan selected. All payments are processed through Stripe. By subscribing, you authorize Stripe to charge your payment method on a recurring basis.

No contracts: Monthly subscriptions are month-to-month. Annual subscriptions are for 12 months but do not auto-renew without your confirmation. There are no cancellation penalties.

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.

4. Hardware and Technical Requirements

The POS Kiosk system runs on any Android tablet 10" or larger (Android 8.0 or higher recommended). Thimi does not sell or require proprietary hardware. You are responsible for:

• Providing a compatible Android tablet.
• Maintaining a stable internet connection at your location.
• Connecting a compatible payment terminal (Stripe-supported hardware).
• 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).

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. The POS Kiosk includes an offline mode that queues orders locally and syncs when connectivity is restored.

Thimi is not liable for service interruptions caused by third-party infrastructure (Google Firebase, Stripe, 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.