Table of Contents
Agreement to Our Legal Terms
We are AckerWorx ('Company', 'we', 'us', or 'our'), a company registered in the United Kingdom at 71-75 Shelton St, London, England WC2H 9JQ.
We operate the website https://xenopos.com (the 'Site'), the mobile application XenoPOS (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
XenoPOS is a cloud-based point of sale (POS) system designed for businesses in Southeast Asia. Our Services help businesses manage sales, stock, staff and customers. Available functions depend on your plan, country, application and configuration. XenoPOS records merchant transactions and may connect to third-party payment services; it is not the merchant of record for your sales.
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and AckerWorx, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We may update these Terms and Conditions as the Services change. We will identify the revised date on this page and communicate material changes through the Services or your account contact details as required by applicable law. No update removes rights that cannot lawfully be excluded.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. Our Services
XenoPOS is business software for retail and hospitality operators. You must be at least 18 and have authority to bind the business whose account you create or manage. Your business remains responsible for its products, staff, customer relationships, taxes and lawful trading.
Free / Lite, Starter and Pro provide different features and capacities. The website, app or device you use may not provide every feature available in the web back office. Roadmaps, previews and descriptions of planned features are not commitments to deliver them.
Offline selling is supported on the Android and Windows register where available and configured. The web POS requires an internet connection. You are responsible for compatible devices, connectivity, printers and testing your setup. Synchronisation and third-party services require connectivity.
Compliance tools are not legal, tax, accounting or payroll advice. You must obtain your own registrations, permits and approvals, including any registrations, permits or approvals required where your business operates. XenoPOS does not represent that using the software itself provides accreditation or registration.
2. Intellectual Property Rights
AckerWorx and its licensors retain ownership of the XenoPOS software, designs, trademarks and other platform materials. Your subscription grants a non-exclusive, non-transferable right to use the Services for your own lawful business activities, subject to your plan and these terms.
You retain your rights in the business records and product material you supply. The limited permissions needed to operate the Services and XenoPOS Catalog are described below; using XenoPOS does not transfer ownership of your business data to us.
Feedback and suggestions may be used to improve the Services without payment to you. This permission does not make your private transaction records or customer information public.
3. User Representations
You confirm that your registration information is accurate, you have authority to operate the account, and your use of the Services and uploaded material complies with applicable law and third-party rights. Keep your account and billing contact details current.
Only authorised users and integrations may access your account. Documented APIs and approved integrations may be used within their applicable permissions, plan limits and rate limits. Access to an API is not permission to bypass account controls or collect other stores’ private data.
4. User Registration
The account owner is responsible for staff invitations, user permissions, device access and protecting passwords, PINs, API credentials and recovery methods. Each staff member should use their assigned access. Tell us promptly if you suspect unauthorised use.
Staff assistance does not transfer ownership of your account. Support access, where provided, is for resolving your request and is subject to the service’s access controls and audit records.
5. Purchases and Payment
Subscription prices, billing currency, applicable taxes, billing period and payment methods are those displayed for your market at checkout. Do not assume that a payment method available in one country or for merchant sales is available for paying your XenoPOS subscription.
Web subscription billing is handled through AckerWorx billing and its payment providers. App-store purchases, where offered, are also governed by the relevant store’s billing terms. You must provide accurate billing details and pay charges you authorise.
Included capacities and paid add-ons are shown with the relevant plan. Additional outlets, staff, registers, active screens or other resources may carry additional charges. A Pro subscription includes its stated number of outlets; this is not an unlimited-outlet group licence.
Tax-inclusive or tax-exclusive presentation depends on the market. Any payment-provider fees, exchange charges or bank charges shown by your provider are governed by that provider. Paid checkout may not be available in every supported market.
6. Subscriptions
Free / Lite and trials
Free and Lite describe one free offer, not two paid plans. Free / Lite has no monthly plan fee and continues after the trial within its published limits. The current standard allowance is one outlet, five staff accounts including the owner, two registers and four active screens. Other limits, including report-history access, also apply.
New eligible stores receive a 14-day trial of Starter features without a payment card. An eligible store may receive a one-time 14-day extension through its trial email. An extension is not automatic. At trial expiry, the store returns to Free / Lite unless a paid plan has been activated.
Paid plans, renewal and changes
Starter and Pro have their own features, capacities and reporting-history windows. The billing period and charges you accept at checkout govern your subscription. Annual pricing, when offered at ten times the monthly price, is billed as an annual amount rather than monthly instalments.
A subscription may renew until cancelled, but payment collection depends on the method you choose. Where renewal uses a payment link or invoice, you must complete that payment; automatic debit is authorised only where the checkout and payment method provide for it.
Plan changes may involve proration or apply at a billing boundary as shown in the billing flow. Add-ons may apply immediately and be charged on the next renewal. Some downgrades, including Pro to Starter, require support rather than an immediate self-service change.
Cancellation, non-payment and refunds
You can request cancellation through the available billing controls or contact support. Cancellation normally takes effect at the end of the paid period. Cancellation of a subscription is separate from deleting your store. Ending a paid plan may remove paid features, add-ons and extended access; Free / Lite limits then apply.
Unpaid renewals may place a subscription in a past-due state and restrict paid access after the applicable grace period. We do not promise indefinite paid access without payment.
Except where required by applicable law or agreed in writing, paid fees are non-refundable and unused time does not create a refund entitlement. App-store refunds follow the relevant store’s process and applicable law. Report duplicate or incorrect charges through the contact channels below.
Pricing updates
We may change future prices or plan offerings with notice as required by law and the applicable billing terms. Check the amount, currency and included resources before confirming any purchase or change.
7. Software
XenoPOS applications are licensed, not sold. Install them only from an authorised source and keep supported versions up to date. Device, operating-system, app-store and third-party software terms may also apply.
Free / Lite and Starter use the Lite register; Pro provides access to the Full register for eligible accounts. Stock management is available through the web back office and supported Manager applications. Application names do not imply that every platform has identical screens or capabilities.
8. Prohibited Activities
You may use XenoPOS to sell your lawful products and services. You must not use it for unlawful transactions, fraud, rights infringement, harassment, unauthorised access or activities prohibited by your payment provider.
- Do not bypass authentication, permissions, plan limits or security controls.
- Do not upload malware, attack the Services, or place unreasonable load on them.
- Do not collect other stores’ private data or misuse shared catalogue access.
- Do not upload personal data or third-party content without the necessary rights and lawful basis.
- Do not reproduce, resell or reverse-engineer protected platform material except where your licence or applicable law permits it.
9. User Generated Contributions
You may upload product names, descriptions, images and business records to operate your store. You are responsible for their accuracy and for having permission to use them. Product descriptions and photos intended for the shared catalogue should not contain customer details, staff details, confidential notes or material you cannot authorise others to use.
Private sales, stock, staff and customer records are not public contributions merely because you enter them in XenoPOS. Shared product contributions are specifically addressed in the following section.
10. XenoPOS Catalog and Product Contributions
What XenoPOS Catalog is
XenoPOS Catalog is a shared product reference library. Participating stores can search by barcode or product name and use available product information when creating their own product records. Its purpose is to reduce repeated data entry; it is not a publication of each store’s inventory, prices or sales.
Product information we may contribute
We may collect and add the following product material from your store to build, maintain and improve XenoPOS Catalog: product names or titles, descriptions, product photos, variant labels included in a product name, and barcodes or equivalent product identifiers where available. Contributions may arise when products are added or updated or photos are uploaded.
Catalogue contributions are enabled for stores by default and may apply to Free / Lite, trial and paid accounts. They are part of the Free / Lite offer. A paid plan does not by itself opt your store out. Contribution availability may vary with service configuration; these terms do not promise a self-service opt-out setting.
What stays outside that contribution
The store contribution does not include your selling prices, purchase costs, stock quantities, sales or transaction records, customer information, or your store’s brand and category assignments. These records are separate from the product reference material described above.
We may retain contributor store and user identifiers and contribution dates for authorised staff administration and provenance. Those attribution fields are not displayed to other stores in catalogue results. Material within your own text or photos may itself identify you, so do not include confidential or personal information in material you intend to contribute.
Permission to use product material
You retain ownership of material you own. To operate XenoPOS Catalog, you grant us a non-exclusive, royalty-free permission to copy, host, format, index, review and display the contributed product material, and to make it available for other XenoPOS stores to find and use in their product records. This permission is limited to the catalogue and associated product-reference functionality; it does not transfer ownership of your private business records.
Photos may be copied into catalogue-managed storage. Accepted entries may be reviewed, combined with existing product references, corrected or withheld. Inclusion, accuracy, completeness and approval are not guaranteed. Contact us if a contribution contains material you do not have rights to share, personal information, or an error. We will assess the request under applicable law and the relevant rights.
12. Third-Party Websites and Content
The Services may contain (or you may be sent via the Site or App) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content').
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.
If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.
13. Services Management
We may apply security controls, rate limits and plan limits, investigate misuse, and restrict unlawful or harmful activity. Where practical and appropriate, we will explain a restriction through your account or contact details. Immediate action may be necessary for fraud, a security incident or a legal requirement.
Do not use plan changes or catalogue access to bypass store separation or access another business’s private records.
14. Privacy Policy
Our Privacy Policy explains the handling of personal information. You are responsible for lawful collection and use of customer and staff information, appropriate notices and permissions, and configuring access for your business.
We process business information to provide, secure and support the Services, administer accounts and billing, and perform the product-catalogue activities expressly described above. Data-processing obligations and any required international-transfer arrangements remain subject to applicable law. These terms alone do not replace a required data-processing agreement or transfer safeguard.
Contact us for information about applicable processing arrangements, providers and data locations before using the Services for information that requires specific contractual or geographic restrictions.
15. Term and Termination
These terms apply while you use the Services. You may stop using the Services and request account closure; paid subscription cancellation must also follow the billing process. We may suspend or terminate access for material breach, unlawful use, security risks, or non-payment affecting paid services, subject to applicable law and any separate agreement.
Where feasible and appropriate, we will give notice and an opportunity to resolve the issue. Immediate restrictions may be necessary to protect users or comply with law. Contact us before closure to discuss available data-access or export options; not every dataset or format has a self-service export.
Account closure does not remove lawful record-keeping obligations or automatically recall product-reference copies already supplied to other stores through XenoPOS Catalog. Requests concerning personal data or infringing material are assessed under applicable law.
16. Modifications and Interruptions
The Services may be interrupted by maintenance, connectivity problems, security events or third-party outages. No uptime percentage, response-time guarantee, round-the-clock support or service credit is included unless expressly agreed in a separate service commitment.
Help articles are available to stores; ticket access and support entitlements depend on the plan and support offer. Store owners should open Help & Support from their store menu for the supported sign-in path.
We may change features and supported versions. Material changes affecting a paid service will be communicated as required by applicable law and any separate agreement. You should not purchase a current plan in reliance on a future feature.
17. Governing Law
The following governing-law and dispute provisions are subject to mandatory laws and rights that cannot be excluded, including any rights applicable in your country.
These Legal Terms are governed by the laws of England and Wales. Subject to the arbitration provisions below and any mandatory rights or rules that apply, the courts of England and Wales have exclusive jurisdiction over disputes arising from these Legal Terms.
18. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause.
The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be London, United Kingdom. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of England and Wales.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
19. Corrections
We may correct typographical, pricing and product-description errors. We will address an error affecting a confirmed purchase in accordance with applicable law rather than treating this clause as permission to impose an undisclosed charge.
20. Disclaimer
Subject to rights and warranties that cannot lawfully be excluded, the Services are provided on an as-available basis. We do not promise uninterrupted operation, compatibility with every device, or error-free catalogue, reports or third-party content.
You must review transaction amounts, stock records, tax settings, staff calculations and reports for your business. No software feature replaces your legal, tax, accounting or regulatory responsibilities.
For merchant payments, including supported XenoPay integrations or manual QR modes, funds are handled by your own payment provider or account. XenoPOS does not hold your customers’ money or guarantee settlement, refunds, reversals or provider availability. A cashier must independently confirm manual payments in the merchant’s payment account.
21. Limitations of Liability
Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability or statutory right that cannot lawfully be excluded or limited.
Subject to that exception and to the extent permitted by applicable law, we are not liable for indirect or consequential losses, including lost profits, revenue or business opportunities arising from use of the Services.
Subject to the same exception, our total liability arising from the Services is limited to the amount you paid us for the Services during the six months before the event giving rise to the claim. This limitation applies only to the extent it is lawful and enforceable and does not override mandatory local rights or a separate written agreement.
22. Indemnification
To the extent permitted by law, you are responsible for third-party claims and reasonable costs arising from your unlawful use of the Services, material breach of these terms, or infringement of third-party rights in material you supply. This obligation does not cover losses caused by our own breach or conduct for which responsibility cannot lawfully be shifted.
We will give reasonable notice of a claim and reasonable opportunity to participate in its defence where practicable. A settlement imposing obligations on you requires your agreement, not to be unreasonably withheld.
23. User Data
You retain your rights in your business data. You authorise us to host and process it as needed to provide, maintain, secure and support the Services and fulfil our legal obligations. The separate permission for product-reference contributions is set out in section 10.
Reporting-history limits affect which periods you can access under your plan; they are not a promise of indefinite retention or a statement that older records are deleted when the window ends. Keep records needed for your legal obligations and use available export tools or contact support about access before ending your account.
Security, backup, recovery, deletion and retention arrangements are subject to applicable law, the Privacy Policy and any separate agreement. These terms do not promise a particular recovery time or a self-service export for every record type, and do not waive liability that cannot legally be excluded.
24. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
Electronic delivery and signatures apply only to the extent permitted by applicable law. You do not waive mandatory requirements for notices, records or signatures.
25. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us through:
AckerWorx
27. Planned Store Community Stock Selling
We are exploring XenoPOS Store Community Stock Selling: an optional feature intended to help participating businesses connect with other stores about surplus stock and possible store-to-store purchases. It is separate from the shared product reference library described in section 10.
This feature is planned and is not currently implemented or available. No launch date, geographic coverage, price, trading arrangement or inclusion in a subscription is promised. Do not rely on it when choosing or paying for a current plan.
Participation, any information made visible, and any trading, payment or fulfilment arrangements would be explained in separate notices and terms before use. The catalogue permission in section 10 does not itself authorise publishing your private stock, costs or sales records, enrolling your business in trading, or committing your business to a transaction.
11. Integrations and Third Parties
Payment services, app stores, hardware providers and approved integrations operate under their own terms. Only connect services and credentials you are authorised to use. You remain responsible for charges and actions authorised through your connected accounts.
XenoPOS does not require you to disclose social-media passwords simply to operate your POS. The availability of a link or integration is not a guarantee that every third-party feature is supported.