Legal

Terms of Service

Version 1.0 · Effective 7 September 2026 · Binding contract

These Terms of Service (“Terms”) are the contract for the KounterPe website, POS application, and related services (together, the “Service”). They are written to match how the product actually works — billing, inventory, staff, customers, kitchen tickets, reports, optional payment links, and device-side offline cash — and to state which laws we rely on. We do not claim licences, certifications, or foreign-law compliance that the Service does not currently implement.

1. Who we are

“We”, “us”, and “KounterPe” mean the operator described in the Operator particulars above. “You” means the business that opens a tenant account, and each person who accesses the Service for that business (owner, manager, cashier, or staff).

If you only browse the public marketing website and do not create an account, only the sections on acceptable use of the website, intellectual property, liability for the website, governing law, and these reading rules apply. If you tick “I agree” at registration, or you access a paid or free tenant account, all of these Terms apply.

Legal sourceIndian Contract Act, 1872 (offer, acceptance, consideration, and capacity). Click-wrap acceptance at registration is intended as acceptance under that Act. Electronic records and authentication: Information Technology Act, 2000, sections 4, 5 and 10A.

2. How to read these Terms

• Headings are for navigation. They do not limit the clause.
• “Including” means “including without limitation”.
• If a clause cites a law, that citation is the source we intend. We do not incorporate the whole of that statute except as it applies by its own force.
• The Privacy Policy is part of this contract for personal data. If these Terms and the Privacy Policy conflict on personal data, the Privacy Policy controls for that subject.
• We do not ask you to waive a right that Indian law says cannot be waived. Any wording that would be void under the Indian Contract Act, 1872 (including sections 23 and 28) or under mandatory consumer or data-protection law is cut back to the maximum that is lawful.

3. When these Terms bind you

You accept these Terms when you tick the registration checkbox that links to this page and to the Privacy Policy, or when you otherwise expressly agree. Staff who are invited into a tenant are authorised by the owner or manager; the tenant remains responsible for their use.

You represent that you have authority to bind the business named at registration. If you do not have that authority, you must not create the account, and you are personally responsible for unauthorised registration.

Legal sourceIndian Contract Act, 1872, sections 10–11 (who can contract) and sections 186–187 (agency). Information Technology Act, 2000, section 10A (contracts formed by electronic means).

4. The Service — what it is and is not

KounterPe is business software for a counter: point of sale, orders, billing, inventory movements, customer records you enter, staff memberships and roles, kitchen order tickets, expenses, suppliers, day-close and sales reports, and optional online payment collection through a third-party payment aggregator when that mode is switched on for your deployment.

The Service is not:

• a bank, NBFC, prepaid instrument issuer, or payment system;
• a Payment Aggregator or Payment Gateway licensed by the Reserve Bank of India;
• a tax advisor, accountant, or GST return filing service;
• a card-data vault (we do not store card PAN, CVV, or full UPI VPA);
• an AI or large-language-model product in the current production POS. Marketing pages may mention an assistant; that capability is not in the current production Service. If we add it, we will update these Terms and the Privacy Policy before using your data for that purpose.

Legal sourcePayment and Settlement Systems Act, 2007 (we are not an authorised payment system). RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways (we do not hold that authorisation; a PSP such as Razorpay may). We do not claim PCI DSS certification.

5. Eligibility and accounts

You must be at least 18 years old to create or operate an account. The Service is offered to businesses, not to children.

You must provide accurate business name, owner name, and email. You must keep passwords confidential. We store a password hash, not your password. Login may be rate-limited and locked after repeated failures. Sessions use HTTP-only cookies issued by our API. A “remember me” option extends the refresh cookie; otherwise the refresh cookie is a session cookie.

You must not share owner credentials. You may add staff with roles (owner, manager, cashier, staff) and location scope. Deactivating a membership stops access; it does not by itself erase historical records those users created.

Legal sourceIndian Contract Act, 1872, section 11 (majority). Digital Personal Data Protection Act, 2023, section 9 (children — see Privacy Policy). Information Technology Act, 2000, sections 43 and 66 (unauthorised access).

6. Your business, your staff, your customers

You decide what to sell, at what price and tax rate, to whom, and what to record about your customers (name, phone, optional email and notes). That operational data belongs to your business. You grant us a limited licence to host and process it only to provide the Service, to secure it, and to comply with law.

For personal data of your end-customers and staff that you enter into the Service, you are the Data Fiduciary (and, where US/EU law applies by its own terms, the “business” / “controller”). We are the Data Processor (and, where those laws apply, the “service provider” / “processor”) acting on your instructions as implemented in the product. For your owner/login account data, we are the Data Fiduciary. Details are in the Privacy Policy.

You are responsible for lawful GST invoicing, e-invoicing if applicable to you, shops-and-establishment, FSSAI, labour, and other licences for your trade. We print or display what you configure (including GSTIN and PAN if you save them on your invoice profile). We do not verify that those identifiers are yours.

Legal sourceDigital Personal Data Protection Act, 2023, sections 2(i), 2(k) and 8 (Data Fiduciary / Data Processor). Central Goods and Services Tax Act, 2017 (your tax invoices). We do not file GST returns for you.

7. Acceptable use

You must not, and must not allow staff to:

• use the Service for fraud, money laundering, terrorist financing, or any offence under Indian law;
• attempt to access another tenant’s data, probe, or overload the Service except through documented use;
• upload malware, or scrape the Service in a way that harms it;
• store card PAN, CVV, or full payment credentials in notes or other free-text fields;
• knowingly record personal data of children except as you can lawfully do under the DPDP Act and as described in the Privacy Policy;
• use the Service to process personal data of people in the EEA or United Kingdom unless section 22 is satisfied;
• reverse engineer the Service except as Indian law allows for interoperability;
• resell or white-label the Service without a written agreement with us.

Legal sourceInformation Technology Act, 2000, sections 43, 43A, 66, 66C, 66D, 67 and 72A. Prevention of Money-Laundering Act, 2002 (your own AML duties if you are a reporting entity — we are not your designated director). Unlawful Activities (Prevention) Act, 1967, as applicable to your conduct, not as a licence we grant.

8. Payments at your counter

Cash. Cash tenders are recorded in the Service. Cash can be queued on the device if the network is down, then synced. You remain responsible for the physical cash.

UPI and card. When a live payment provider is enabled for your deployment, UPI and card are collected by that provider (by default in our stack, Razorpay, if keys are configured). We store payment-session status and the provider’s reference IDs. We do not receive or store card numbers. SMS/email notify from the provider is not enabled by our default integration. Completing a bill for UPI/card in live mode depends on the provider’s confirmation (including webhooks where configured). Until that confirmation, treat the payment as not completed.

If the provider is in stub/test mode, no real money moves. Do not take live customer payments in stub mode.

Refunds of provider-collected payments, where offered, are requested through the Service to the provider and succeed only if the provider accepts them. Chargebacks and customer payment disputes are between you, the customer, and the provider’s rules.

Legal sourcePayment and Settlement Systems Act, 2007. RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways. Unified Payments Interface procedural guidelines issued by NPCI (apply to participating PSP/banks, not as our PA licence). IT Act, 2000, section 43A and SPDI Rules, 2011 Rule 3 (financial information — we are not the collector of card PAN).

9. Fees for KounterPe

The public marketing site describes Starter, Growth, Pro, and Custom. Starter is shown as free, Growth and Pro with yearly prices, and Custom as talk to us. Those descriptions are invitations to treat, not a standing offer of a numbered price list.

If we charge a subscription or usage fee, we will show the amount, tax, and billing period before you pay. No fee is due unless you agree to that charge. Provider (for example Razorpay) MDR or payment-link charges are the provider’s charges to you or to us as their agreement states; they are not waived by a “start free” plan.

Except where the Consumer Protection Act, 2019 or another mandatory law requires a refund, pre-paid fees are non-refundable once the billing period starts, unless we say otherwise in writing on the invoice.

Legal sourceIndian Contract Act, 1872, sections 2(a)–(b) (invitation to treat vs offer). Consumer Protection Act, 2019 — see section 20; we do not waive rights that statute preserves.

10. GST and the invoices you issue to your customers

You are the supplier of your goods or services. You are responsible for charging, collecting, and remitting GST or other tax, and for whether a document the POS prints is a valid tax invoice under the CGST Act, 2017 and rules. We supply software fields (legal name, GSTIN, PAN, address, tax rate). We do not warrant that a particular printout meets GST invoice rules for your case (including e-invoicing IRN/QR where required).

If we later charge you for the Service, any GST on that supply will appear on our tax invoice to you.

Legal sourceCentral Goods and Services Tax Act, 2017; CGST Rules, 2017 (tax invoice). We are not your GST practitioner.

11. Devices, printers, and offline use

You supply devices, browsers, cash drawers, and printers. Browser print and optional USB ESC/POS on Chromium are convenience features. We do not warrant that every printer model will work.

Offline mode, where enabled, queues cash sales on that device and may keep a local ticket draft, a short product cache, and printer preferences. UPI, card, tables, and kitchen tickets need a network in the current product. Data on a device can be read by anyone with access to that device. You must control the device, and you must not treat a queued cash sale as settled in our servers until it has synced.

Legal sourceYour duties as Data Fiduciary include securing devices you use to process personal data (DPDP Act, 2023, section 8, when in force for that duty; until then, IT Act, 2000, section 43A and SPDI Rules, 2011 Rule 8 — reasonable security).

12. Intellectual property

We and our licensors own the Service, the KounterPe name and marks, and the software. You own your menu, prices, logos you upload, and business records. You must have rights to any logo or content you upload.

We may use anonymised, aggregated operational metrics to keep the Service running (capacity, error rates). We do not sell your customer list.

Legal sourceCopyright Act, 1957; Trade Marks Act, 1999; Patents Act, 1970 (as applicable). No licence is granted except the limited licence in these Terms.

13. Third-party services

Depending on how a deployment is configured, the Service may call:

• Razorpay (payments), when live payments are enabled;
• an email provider (Resend or SMTP) for password-reset mail only;
• Cloudflare Turnstile for CAPTCHA, when that provider is enabled;
• hosting, database, and optional queue infrastructure.

Those providers’ terms apply to the portion they perform. We are not responsible for an outage or a rule change at a provider, except that we remain responsible for choosing a provider with reasonable care and for our own configuration. The Privacy Policy lists them as processors/sub-processors.

14. Availability and statements about features

We aim for a working Service but do not promise uninterrupted or error-free operation. Planned or emergency maintenance may occur.

Feature lists on the marketing site describe intended product areas. If a feature is labelled as coming, popular, or AI-related and is not in your live account, it is not part of the current Service for you. Screenshots and demo data (including sample names and rupee amounts) are illustrations, not your data and not a performance promise.

Legal sourceConsumer Protection Act, 2019, section 2(47) (misleading advertisement) — we do not intend marketing to state a present fact that the production POS does not support. If something on the marketing site is wrong, these Terms and the live product control.

15. Warranties — what we do and do not promise

We warrant that we will provide the Service with reasonable care and skill, and that we will not knowingly introduce malware.

Except for that warranty and except for non-excludable statutory guarantees, the Service is provided as available. We do not warrant that the Service will achieve a particular revenue, that reports are a substitute for audited accounts, or that the Service is fit for a high-risk use (including life-critical systems, which it is not designed for).

Legal sourceIndian Contract Act, 1872, sections 16–19 (consent, misrepresentation) and Sale of Goods Act, 1930 / implied terms — the Service is software supplied as a service, not a sale of goods. Statutory rights that cannot be excluded remain.

16. Liability and what we do not exclude

Nothing in these Terms excludes or limits liability for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence where that cannot be limited under applicable law; (c) wilful misconduct; (d) a breach of confidentiality or of data-protection law to the extent that law forbids a cap; or (e) any other liability that Indian law does not allow to be limited.

Subject to the previous paragraph, we are not liable for lost profits, lost data (except to the extent caused by our failure to use reasonable security measures), or indirect or consequential loss, whether in contract, tort (including negligence), or otherwise.

Subject to the same paragraph, our total liability arising out of the Service in any twelve-month period is limited to the fees you paid us for the Service in that period. If you paid us nothing, the cap is INR 5,000 (five thousand rupees).

Legal sourceIndian Contract Act, 1872, section 23 (unlawful considerations and objects) and section 28 (agreements in restraint of legal proceedings — we do not bar access to court for interim relief; see clause 23 on disputes). We do not rely on a US-style “gross negligence” carve-out as a substitute for the mandatory Indian rules above.

17. Indemnity

You will indemnify us against claims, damages, and reasonable legal costs arising from: (a) your goods or services, pricing, or tax invoices; (b) personal data you enter about customers or staff, including a claim by your customer; (c) your breach of these Terms or of law; (d) a payment dispute or chargeback relating to your sale; and (e) content or logos you upload. This indemnity does not apply to the extent the claim is caused by our wilful misconduct or our breach of these Terms.

18. Suspension, termination, and data after exit

You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, if required by law, or if we discontinue the Service. We will give notice that is reasonable in the circumstances, except where law or security requires immediate action.

After termination, we will disable login. We retain records as described in the Privacy Policy (including security logs and data we must keep for tax, dispute, or CERT-In directions). You should export reports you need before you leave. On written request to contact@kounterpe.com, we will delete or anonymise tenant personal data we hold as your processor, except data we must keep by law or as independent Data Fiduciary (account and security records).

Legal sourceCERT-In Directions dated 28 April 2022 (log retention for a rolling 180 days for covered entities). Income-tax and GST record-keeping periods that apply to you remain your duty; we are not your books of account.

19. Electronic records and notices

These Terms, in-product click-wrap, emails from us, and records in the Service are electronic records. Notices to you may be sent to the owner email on the account. Notices to us must be sent to contact@kounterpe.com.

Legal sourceInformation Technology Act, 2000, sections 4, 5, 10A and 13. Indian Evidence Act, 1872, as amended for electronic records.

20. Consumer law — no unlawful waiver

The Service is offered primarily to businesses for commercial use. If you are a “consumer” under the Consumer Protection Act, 2019 (including in the limited cases where a person buys services for self-employment livelihood), rights that Act gives you are not excluded. The Consumer Protection (E-Commerce) Rules, 2020 apply to e-commerce entities as defined there. We do not claim those Rules are inapplicable if, on the facts, we fall within them; nor do we concede they always apply to B2B SaaS. Mandatory provisions, if they apply, prevail.

Legal sourceConsumer Protection Act, 2019; Consumer Protection (E-Commerce) Rules, 2020. We do not use these Terms to take away a non-waivable statutory right.

21. Intermediary status (India)

For information you or your staff place on the Service (menu, bills, customer notes, kitchen notes), we act as an intermediary under the Information Technology Act, 2000, section 2(1)(w), in respect of that third-party information. We do not select or modify that information except as the software formats it for display or print. Safe-harbour under section 79, if it applies, is subject to the conditions of that section and to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as they apply to us. You remain responsible for that information.

This clause does not make us an intermediary for our own marketing pages, account authentication, or security logs, which we originate.

Legal sourceInformation Technology Act, 2000, sections 2(1)(w) and 79. IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

22. United States, EU, and United Kingdom — when those laws apply

These Terms are not a claim that we are certified under, or generally subject to, US, EU, or UK law. Those laws apply only when they apply by their own terms (for example, because of where you are established, or whose personal data you process). We do not currently appoint an EU GDPR Article 27 representative or a UK GDPR representative, and we do not currently offer pre-signed Standard Contractual Clauses.

22.1 United States

We do not target US consumers as a market. If you are in the United States, you still contract under Indian law (section 23), except that we do not ask you to waive a right that US mandatory law would make non-waivable for you. If the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.) applies to a dataset you put in the Service, we act as your “service provider” / “contractor” for that dataset: we process it only to provide the Service, we do not sell it or share it for cross-context behavioural advertising, and we do not combine it with other customers’ data to build a profile, except as the Service features you use require (for example attaching a sale to a customer you selected). We do not claim HIPAA, GLBA, or SOC 2 certification.

22.2 European Economic Area and United Kingdom

We do not currently offer the Service as a product targeted at establishments in the EEA or the UK. You must not use the Service to process personal data of data subjects in the EEA or UK unless we have first signed a written data-processing agreement and a lawful transfer mechanism with you (for example the EU Commission Standard Contractual Clauses under GDPR Article 46, and the UK addendum where required). Until that happens, such use is a breach of these Terms. That restriction exists so we do not silently become a GDPR processor without the documents GDPR requires.

Legal sourceRegulation (EU) 2016/679 (GDPR), including Articles 27, 28 and 46. UK GDPR and Data Protection Act 2018. California Civil Code §§ 1798.100–1798.199.10 (CCPA/CPRA). We do not assert FTC or state biometric laws as a compliance badge; do not store biometrics in the Service (the product has no biometric fields).

23. Governing law and disputes

These Terms and any non-contractual obligations arising out of them are governed by the laws of India, without regard to conflict-of-law rules that would point to another country.

The parties will first try to resolve a dispute in good faith for 30 days after written notice to contact@kounterpe.com. If unresolved, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. There shall be one arbitrator. The seat and venue of arbitration is New Delhi, India. The language is English. Courts at the seat may grant interim relief under that Act. Subject to arbitration, courts at New Delhi, India have exclusive jurisdiction.

This clause does not stop either party from seeking urgent interim relief from a court of competent jurisdiction, and it does not apply to a consumer complaint that mandatory Indian consumer law requires to be heard in a consumer commission.

Legal sourceArbitration and Conciliation Act, 1996. Code of Civil Procedure, 1908 (jurisdiction). Indian Contract Act, 1872, section 28 — this clause is intended as an arbitration agreement, not a total bar on legal proceedings. Consumer Protection Act, 2019 (forum that Act confers, if you are a consumer under it).

24. Changes to these Terms

We may update these Terms. The new version applies from the effective date stated on this page. If a change is material and you have an account, we will notify the owner email or show an in-product notice. Continued use after the effective date is acceptance of the new Terms. If you do not agree, you must stop using the Service and may request deletion as in section 18.

We will not use a unilateral change to impose a fee you have not agreed to, or to take rights in your content beyond the licence in section 6.

25. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement for the Service and replace prior oral or written terms about the same subject, except a separately signed enterprise order that expressly overrides a named clause.
• Severability. If a clause is held invalid, the rest remains in force, and the invalid clause is modified to the minimum extent needed to be valid.
• No waiver. A failure to enforce a clause is not a waiver.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor of the Service, provided the Privacy Policy still applies.
• Force majeure. Neither party is liable for delay caused by events beyond reasonable control (including widespread infrastructure failure, epidemic, or change of law), for the duration of that event.
• Language. These Terms are in English. If we later publish a translation, English controls if there is a conflict.
• Relationship. We are an independent service provider. These Terms do not create a partnership, employment, or joint venture.

Questions: contact@kounterpe.com. Related document: Privacy Policy.