Terms of Service

1. Definitions

• "Platform" or "PEKO" — the multi-channel POS, loyalty, order-management, Web eShop and mobile app services operated by PEKO.
• "Service" — all features, APIs, documentation and support provided through the Platform.
• "Merchant" / "you" — a legally registered business or sole trader in your country of residence, using the Service.
• "End Consumer" — an individual who uses your goods or services through Platform touchpoints.
• "Merchant Data" — all data you upload or generate through the Service, including personal data of End Consumers.

2. Acceptance

By creating an account or using the Service you confirm you are authorised to bind your business, hold any registration or licence required in your country, and accept these Terms together with our Privacy Policy and Payment Terms.

3. Scope of Service

Subject to your subscription plan the following modules are available:

• POS and in-store order management.
• Inventory, menu and product management.
• Loyalty programs: points, tiers, vouchers, stamps.
• Web eShop with custom-domain support.
• Business messaging (SMS, email, WhatsApp Business, where available).
• White-label iOS/Android app and Progressive Web App.
• Notification gateway.
• Invoice / receipt OCR (best-effort — human review recommended).
• Analytics, multi-outlet reporting, staff roles.
• Third-party integrations: payment processors, delivery partners, printers.

4. Accounts and security

One brand account per legal entity. You are responsible for safeguarding credentials and API tokens and for all activity under staff accounts. Multi-factor authentication is strongly recommended for admin roles. Notify support@heypeko.com immediately upon suspected unauthorised access.

5. Fees, billing and refunds

Fees follow the plan you select and are billed monthly or annually in advance in United States Dollars (USD) by default; see Payment Terms.

Prices are exclusive of any taxes, duties, levies or withholdings applicable in your country. Where PEKO is required to collect a specific tax we add it to your invoice; otherwise you are responsible for self-reporting and remitting applicable taxes.

Except as expressly stated or as required by mandatory local law, fees are non-refundable for periods already consumed.

6. Merchant obligations

You agree to:

• Comply with all applicable laws in your country and any country where your End Consumers reside, including data-protection, consumer-protection, tax, anti-spam and export/sanctions laws.
• Provide accurate business information and keep it current.
• Obtain valid consent from End Consumers before collecting or processing their personal data via the Platform.
• Not use the Service for unlawful, misleading or infringing purposes.
• Honour your published pricing, loyalty terms and refund policies with End Consumers.

7. Data-protection roles

For End Consumer personal data, the Merchant is the controller (as that term is understood under most data-protection laws including the GDPR) and PEKO is the processor acting on your documented instructions. A Data Processing Addendum with standard contractual clauses is available on request.

8. Consumer protection

You remain the seller of record to your End Consumers and are responsible for meeting any mandatory consumer-protection obligations in the countries you sell to (including product safety, refund/withdrawal rights, and pre-contract information disclosures).

9. Marketing messages and anti-spam

You are the sender for compliance purposes when you send SMS, email or other commercial messages through PEKO. You must comply with applicable anti-spam and consent laws (e.g., ePrivacy Directive in the EU/EEA, CASL in Canada, POPIA in South Africa). Obtain lawful consent, identify yourself, and honour opt-outs.

10. Intellectual property

All PEKO platform IP remains ours. You retain ownership of your Merchant Data and brand assets and grant us a limited licence to host, process and display them solely to provide the Service.

11. Warranty disclaimer

To the maximum extent permitted by law, the Service is provided "as is" and "as available" and we exclude all implied warranties. This does not affect any statutory rights that cannot be excluded by contract in your country.

12. Limitation of liability

To the extent permitted by law, our aggregate liability arising out of or in connection with the Service is limited to the fees you paid to PEKO in the twelve (12) months immediately preceding the event giving rise to the claim. Neither party is liable for indirect, consequential or loss-of-profit damages.

13. Suspension and termination

You may cancel at any time via the Subscription page. We may suspend or terminate the Service for non-payment, breach or lawful order from a competent authority. On termination, Merchant Data is retained for a minimum window then permanently deleted.

14. Changes to these Terms

We may amend these Terms; material changes are notified at least 15 days in advance via email and dashboard.

15. Governing law and dispute resolution

These Terms are governed by the laws of Vietnam (the seat of the operator) without regard to conflict-of-laws principles. Disputes will be finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) under the SIAC Rules, seated in Singapore, in the English language, by a sole arbitrator. Mandatory local consumer-protection rights in your country of residence remain unaffected.

16. Operator and contact

Operated by CÔNG TY TNHH LOOP TECHNOLOGIES (Loop Technologies Co., Ltd.), 363/4 Đinh Bộ Lĩnh, Bình Thạnh Ward, Ho Chi Minh City, Vietnam. Tax ID 0318476619. Contact: support@heypeko.com.