unTill Air. Nothing holds you back. POS and payments in one app.
unTill Air. Nothing holds you back. POS and payments in one app.
Last updated: 30.09.2026
We thank you for your interest in unTill Air. unTill Air is a cloud-based, all-in-one point-of-sale (POS) ecosystem designed specifically for the hospitality and retail sectors. Our intuitive, scalable software-as-a-service (SaaS) solution is built to simplify the daily management of restaurants, retail and similar businesses, from order management to real-time reporting.
These Terms and Conditions set out the terms under which we provide our Service to our customers. The Service is provided by unTill AIR B.V., a private limited liability company incorporated under the laws of the Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 90937287.
By completing the (online) order or acceptance process and/or by first using the Service, you agree to these Terms and Conditions. If you have any questions about these Terms and Conditions, you can reach us at unTill AIR B.V., Korte Eeweg 11, 4424 NA Wemeldinge, the Netherlands, or by email at info@air.untill.com.
2.1 In these Terms and Conditions, the following capitalised terms have the meaning set out below. Defined terms used in the singular include the plural and vice versa.
a) "Agreement" means the entire agreement between the Parties, consisting of these Terms and Conditions, the Service order or (online) order/acceptance process, any applicable quotation or order confirmation, the annexes and addenda thereto (including the Data Processing Agreement), and any further arrangements agreed in writing.
b) "Application" means the local frontend application (point-of-sale application) made available by unTill Air for download via the relevant app stores, which the Customer installs and runs on its own Hardware under the BYOD framework set out in Article 6.
c) "Authorised Users" means the Customer and the employees or co-workers whom the Customer registers and authorises to use the Service.
d) "Customer" means the business, professional or organisation that enters into the Agreement with unTill Air for its own internal business purposes. The Service is offered exclusively on a business-to-business (B2B) basis and is not directed at consumers.
e) "Customer Content" means all content, data and materials that the Customer (or its Authorised Users) enters into, uploads to or otherwise makes available through the Service, including article and menu data, prices, images, logos and photographs submitted for AI-based menu recognition.
f) "Hardware" means the devices owned, leased or controlled by the Customer (such as iPads, tablets and smartphones) on which the Application is installed and used.
g) "Parties" means unTill Air and the Customer, "Party" means either of them.
h) "Service" means the unTill Air software-as-a-service offering in its entirety, consisting of (i) the cloud-based backend infrastructure (including the back office, databases, reporting tools and administrator environment) made accessible to the Customer via a web browser, and (ii) the downloadable Application, together with any associated updates, documentation and standard functionality made available by unTill Air from time to time.
i) "Service Partner" means the independent undertaking selected or confirmed by the Customer during the (online) order process, and to which the Customer is allocated, that provides second-line support in respect of the Service as described in Article 9.
3.1 These Terms and Conditions apply to all offers, orders, subscriptions and the provision of the Service by unTill Air and form an integral part of the Agreement.
3.2 The Customer accepts these Terms and Conditions through the (online) order or acceptance process and/or by first use of the Service. First use of the Service constitutes irrevocable acceptance.
3.3 The applicability of any general terms and conditions of the Customer is expressly rejected.
3.4 Deviations from or additions to these Terms and Conditions are valid only if expressly agreed in writing between the Parties.
3.5 In the event of any conflict or inconsistency between the components of the Agreement, the following order of precedence applies, unless expressly agreed otherwise in writing: (a) any deviations or addenda expressly agreed in writing between the Parties; (b) the Data Processing Agreement, in respect of matters relating to the processing of personal data; (c) these Terms and Conditions; and (d) the applicable quotation, order confirmation and the (online) order or acceptance process.
3.6 All offers and quotations made by unTill Air, including those presented during the (online) order process, are without obligation (vrijblijvend), unless unTill Air has expressly stated otherwise in writing.
3.7 The Customer warrants the accuracy and completeness of the data provided by or on behalf of it to unTill Air on which unTill Air has based its offer or quotation.
3.8 unTill Air cannot be held to an offer or quotation if the Customer can reasonably understand that the offer or quotation, or any part thereof, contains an obvious mistake or clerical error.
3.9 Offers and quotations do not automatically apply to future orders, subscriptions or renewals.
3.10 The Customer enters into and accepts the Agreement both on its own behalf and on behalf of all Authorised Users who use the Service on its behalf, and warrants that it is authorised to bind those Authorised Users to the Agreement. The Customer is responsible and liable for the acts and omissions of its Authorised Users in connection with the Service as if they were its own, shall ensure that all Authorised Users comply with the Agreement, and shall indemnify unTill Air against any third-party claims arising from a breach of the Agreement by an Authorised User.
3.11 The Customer confirms that it enters into the Agreement in the course of its trade, business or profession and not as a consumer. The Customer is not entitled to any right of withdrawal or other protection reserved for consumers under mandatory consumer law. Where reasonably required, unTill Air may verify the Customer's business status as a condition of providing the Service.
4.1 The Application is downloaded and installed through a third-party platform such as the Apple App Store/Google Play (each a "Platform"). The Customer's use of the Application is additionally subject to the applicable terms of the relevant Platform, including that Platform's standard end-user licence terms, which apply in the relationship between the Customer and the Platform provider.
4.2 Subject to timely payment of the subscription fees and compliance with the Agreement, unTill Air grants the Customer a non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service, including to download and install the Application on its Hardware, solely for the Customer's own internal business operations and strictly for the duration of the SaaS subscription.
4.3 All intellectual property rights in and to the Service, the Application, the cloud backend, the underlying software, documentation and know-how vest exclusively in unTill Air and/or its licensors. Nothing in the Agreement transfers any such rights to the Customer.
4.4 The Customer grants unTill Air the non-exclusive right to use the Customer's name, trade name and logo in unTill Air's external communications and marketing materials to identify the Customer as a customer of unTill Air. The Customer may withdraw this right at any time by written notice, following which unTill Air will cease such use within thirty (30) days of receipt of the notice, save for materials already in circulation or archived.
4.5 The Customer shall not, and shall not permit any third party to:
a) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service, except to the extent such restriction is expressly prohibited by mandatory law;
b) copy, reproduce, modify, translate or create derivative works of the Service;
c) sell, rent, lease, lend, sublicense, distribute or otherwise make the Service available to any third party;
d) remove or alter any proprietary notices;
e) use the Service in a manner that exceeds the scope of the subscription or that circumvents technical access controls;
f) use the Service, or any knowledge gained from it, to develop, support or market a product or service that competes with unTill Air, or to imitate or reproduce its functionality, design or look and feel;
g) make any use of unTill Air's names, trademarks, service marks, logos, trade dress or other distinctive or proprietary signs, except with unTill Air's prior written consent; or
h) use the Service, the Application, or any data or output obtained from them for AI-training purposes, or apply scraping, data-mining or comparable techniques to the Service.
4.6 The functionalities available to the Customer are determined by the chosen subscription. unTill Air may add, modify or discontinue generic functionalities at its own discretion. The Service is deliberately offered as a standardised, scalable solution and unTill Air is under no obligation to develop or maintain Customer-specific functionality.
4.7 The Customer is responsible for all Customer Content. The Customer warrants that it holds all rights, licences and permissions necessary to use the Customer Content and to make it available to unTill Air for the purposes of the Service, and that neither the Customer Content nor unTill Air's processing of it in accordance with the Agreement infringes any intellectual property right, database right or other right of a third party, or any applicable law. The Customer indemnifies and holds unTill Air harmless against all third-party claims, and all resulting damage, costs and expenses (including reasonable legal costs), arising from or relating to the Customer Content or its use within the Service in breach of this warranty.
4.8 unTill Air may collect and generate aggregated and anonymised technical and operational data derived from use of the Service and may use such data for the purpose of operating, securing, maintaining and improving the Service.
4.9 The Customer warrants that it shall use the Service strictly in compliance with applicable laws. The Customer shall not use the Service to execute, support, or register fraudulent, deceptive, or unlawful transactions (including tax evasion or money laundering). Any attempt to overload, scrape, stress-test, inject malicious code into, or disrupt the integrity and performance of the cloud backend or infrastructure shall constitute a material breach, allowing unTill Air to immediately suspend the Service without prior notice or liability.
5.1 Each Party shall keep confidential all information of a confidential nature that it receives from or concerning the other Party in connection with the Agreement and shall not disclose or use such information other than for the performance of the Agreement, unless and to the extent disclosure is required by law, regulation, or a competent authority or court.
5.2 The obligations of confidentiality in this article do not apply to information that: (a) is or becomes publicly available other than through a breach of the Agreement by the receiving Party; (b) was already lawfully known to the receiving Party prior to its disclosure by or on behalf of the other Party, without an obligation of confidentiality; (c) is independently developed by the receiving Party without any use of the other Party's confidential information; or (d) is lawfully obtained by the receiving Party from a third party that is not bound by a duty of confidentiality in respect of that information.
5.3 The Parties acknowledge that the Service, the Application, the cloud backend, the underlying software, and their configuration, security measures, design, know-how and functionality constitute confidential information and trade secrets of unTill Air. The Customer shall not disclose any such information to any third party.
5.4 Each Party shall impose the confidentiality obligations of this Article on its Authorised Users, employees and any third parties it engages that have access to the other Party's confidential information. The obligations under this Article survive termination of the Agreement.
6.1 The Service operates on a "Bring Your Own Device" (BYOD) basis. The Customer is solely responsible for acquiring, maintaining and securing compatible Hardware, a suitable local network infrastructure and a stable, sufficient internet connection necessary to access and use the Service.
6.2 The Customer shall not install or use the Application on any Hardware whose operating-system security has been removed, disabled or circumvented, including so-called "jailbroken" or "rooted" devices. unTill Air does not warrant compatibility with such Hardware and is not liable for any degradation, malfunction, security incident, data loss or other damage arising from use of the Application on such Hardware.
6.3 unTill Air is not liable for any degradation of performance, unavailability, malfunction, data inaccuracy or downtime that is caused, in whole or in part, by:
a) the Customer's Hardware (including incompatible, faulty or insufficiently maintained devices);
b) the Customer's local network or internet connection (including loss of connectivity);
c) third-party software, peripherals or integrations not supplied by unTill Air;
d) incorrect configuration or use by the Customer or its Authorised Users; or
e) acts or omissions of the Customer's consultants, distributors or other third parties engaged by the Customer.
6.4 The Customer is responsible for the correct registration of its devices and Authorised Users, for the accuracy of the data it enters (including articles, prices, VAT groups and employee data), and for compliance with all laws applicable to its own business.
6.5 The Customer is responsible for keeping login credentials confidential. The Customer bears responsibility for the use of, and all actions performed via, that login. unTill Air may log and monitor access (including login events) for security and audit purposes.
6.6 The Application may be installed by an Authorised User on that user's personal device. The Customer remains responsible for ensuring that such use complies with the Agreement and with applicable data protection and employment law.
6.7 The Customer acknowledges that an online point-of-sale and payment-registration system carries inherent availability risks and that the Service may be business-critical to its operations. The Customer shall at all times maintain appropriate contingency and fallback procedures (for example, an alternative method of accepting payment or recording transactions) to mitigate the impact of any unavailability, malfunction or settlement error. unTill Air shall not be liable for any loss that the Customer could reasonably have avoided or reduced by maintaining such procedures.
6.8 unTill Air publishes indicative minimum requirements for compatible Hardware, operating systems and network conditions. The Customer is responsible for verifying that its Hardware (including any existing devices it wishes to reuse) meets those requirements. unTill Air does not warrant that the Service is or will remain compatible with any particular device, operating-system version or peripheral, and compatibility may change as the Service is updated.
7.1 The Service provides configurable functionality that enables the Customer to operate its point-of-sale administration. The Service is provided strictly on an "as is" basis. unTill Air does not warrant that the Service, as configured or used by the Customer, complies with the fiscal, tax, accounting or record-keeping obligations applicable to the Customer's specific business or jurisdiction, nor does unTill Air warrant the accuracy, completeness or fiscal correctness of any report, turnover figure, VAT calculation or other output generated by the Service. Any statement in unTill Air's marketing or documentation regarding tax, VAT or bookkeeping functionality describes generic features only and does not constitute a warranty that the Customer's tax or accounting obligations are or will be met. The correct configuration of VAT/tax groups, rates, prices, discounts and tips, and the verification of all resulting output, remain at all times the Customer's responsibility.
7.2 The Customer is solely responsible for the correct and lawful configuration and use of the Service, including the correct set-up of VAT/tax rates and groups, currency, turnover and transaction reporting, audit logs, and the assignment of user roles and access rights for its personnel. The Customer is responsible for verifying that its configuration and use meet all applicable fiscal and regulatory requirements in its country of establishment and operation.
7.3 Where unTill Air makes available functionality or settings intended to support compliance with specific local requirements, this does not constitute tax, accounting or legal advice, and does not relieve the Customer of its own responsibility to verify compliance and, where appropriate, to obtain professional advice.
7.4 Where a competent authority introduces or changes any legal or regulatory requirement affecting the Service (including any certification, fiscalisation or similar requirement), or where compliance with such a requirement otherwise becomes necessary, unTill Air may adjust, update or restrict the Service, or suspend or discontinue its availability, in whole or in part and in any jurisdiction in which the Service is used or made available, to the extent unTill Air reasonably considers necessary or appropriate to remain compliant.
7.5 Depending on the Customer's country, fiscalisation and the recording, storage or transmission of transaction and fiscal data may be carried out through one or more third-party providers, which may differ per country and may be required by applicable law. Any processing of personal data in this context is governed by the Data Processing Agreement, if applicable. Article 8.5 applies to such providers, and, to the maximum extent permitted by law, unTill Air is not liable for their acts or omissions.
8.1 unTill Air will use reasonable efforts to keep the Service available and to operate it properly. This is an obligation of means (inspanningsverplichting) and not an obligation to achieve a specific result (resultaatsverplichting). unTill Air does not guarantee that the Service will be available without interruption, error-free or free of defects, nor that all defects will be remedied.
8.2 No service levels, uptime guarantees or extended support commitments apply unless expressly agreed in a separate written Service Level Agreement. In the absence of such agreement, unTill Air gives no uptime warranty.
8.3 unTill Air is entitled to perform scheduled and unscheduled maintenance and to roll out updates, upgrades and patches automatically, including changes that may temporarily limit availability. unTill Air will, where reasonably practicable, schedule planned maintenance so as to limit inconvenience, but is not obliged to give advance notice of maintenance or updates.
8.4 unTill Air uses reasonable efforts to make regular backups of the data processed through the Service, but does not warrant the availability, completeness or recoverability of any backup. unTill Air is under no obligation to restore corrupted or lost data other than by, where possible, restoring the most recent available backup. The Customer remains responsible, including after the end of the Service, for compliance with all statutory administration and retention obligations applicable to it.
8.5 Certain functionality of the Service depends on materials, interfaces or services provided by third parties. unTill Air does not control the availability or continuity of such third-party materials. Where a third party ceases to provide its materials, or changes the terms on which it provides them, unTill Air may modify, suspend or discontinue the affected functionality, and any feature relying on that functionality may change or become unavailable. Such a change does not affect the Customer's other obligations under the Agreement and does not entitle the Customer to a refund or to compensation, without prejudice to any termination right the Customer may have under the Agreement in the event of a change that materially and adversely affects it.
9.1 unTill Air does not assume an absolute obligation to provide support, but will provide a reasonable level of standard support through a two-tier model. First-line support is provided primarily through automated and self-service channels: Customer questions may be submitted via the in-application support button (including via WhatsApp) and are handled in the first instance by unTill Air's AI-assisted support tool. Second-line support is provided by the Customer's Service Partner.
9.2 Where a request cannot be resolved at first line, or where the Customer requests personal contact, a summary of the request (including a summary of the preceding AI-assisted conversation) is forwarded to the Customer's Service Partner. The Service Partner provides second-line support as part of the Service via chat, remote login or email. To the maximum extent permitted by law, unTill Air is not liable for the acts or omissions of the Service Partner in connection with second-line support.
9.3 Support under the Service is provided exclusively on a remote basis (for example via the in-application support button, chat, WhatsApp, remote login or email). The Service is strictly not intended for bespoke, hands-on, or customised support. On-site service does not form part of the Service. Other than second-line support as described in Article 9.2, extensive technical support, direct telephone support, hardware procurement, on-site setup, on-site configuration, training and similar administrative matters fall entirely outside the scope of the Service and are handled, if at all, exclusively under separate arrangements agreed directly with a Service Partner or other third party as additional services (see Article 22).
9.4 The Customer authorises unTill Air and its Service Partner to access the Customer's environment within the Service remotely for the purpose of handling a support request, on a per-session basis and limited to what is necessary to resolve that request.
10.1 The Service includes AI-supported functionality, including (a) image-based recognition of menus from photographs in order to propose articles and prices in the Customer's environment, and (b) an AI-assisted support chatbot.
10.2 AI-generated output, including proposed articles and prices resulting from image-based menu recognition, is provided for the Customer's convenience and may contain errors or inaccuracies. The Customer remains responsible for reviewing, verifying and approving such output before relying on it or bringing it into operational use. The AI-assisted support chatbot provides first-line support and general information about the use of the Service. Its answers are indicative and non-binding. Where a chatbot answer differs from unTill Air's official documentation or the actual operation of the Service, the documentation and the actual operation prevail.
10.3 unTill Air is not liable for damage resulting from the Customer's failure to review or correct AI-generated output, from the Customer's approval of incorrect output, or from any action carried out following such approval.
10.4 Each Party is responsible for ensuring that its own personnel possess a sufficient level of AI literacy in respect of their use of the Service, in accordance with the AI Act.
10.5 unTill Air specifies that the AI functionality is intended solely for the purposes described in this article and is not intended, and is not to be changed, into a high-risk AI system. If the Customer uses, modifies or configures the AI functionality in such a way that it becomes an AI system with a high risk, or such that the Customer is regarded as a provider (aanbieder) within the meaning of Regulation (EU) 2024/1689 (AI Act), the obligations under Article 25(2) of the AI Act do not rest on unTill Air. In such case unTill Air may take corrective measures or withdraw, deactivate or recall the AI functionality where it no longer corresponds to its intended purpose, or where the Customer is by its own doing regarded as a provider, without being liable for any resulting damage.
10.6 The Service may include, or may in future include, AI-assisted agent functionality that, on the basis of a conversation with an Authorised User, proposes and carries out actions within the Customer's environment, such as creating or amending articles, prices or settings. Any such action is subject to the prior approval of the Authorised User. The Customer is responsible for reviewing and approving each proposed action before it is carried out, and for verifying its correctness, including the correctness of any article, price, tax setting or other configuration created or amended in this way. unTill Air is not liable for any damage resulting from an action approved by an Authorised User, including where the approved action was based on incorrect or incomplete AI-generated output. Where an action is scheduled for execution at a later time, the Customer remains responsible for the correctness and appropriateness of that action at the moment of execution.
11.1 unTill Air is a software provider. unTill Air does not itself provide any regulated payment services and does not act as a payment service provider (PSP), payment institution, e-money institution or other regulated financial undertaking.
11.2 Any payment functionality that may be integrated with or accessible through the Service (including any feature marketed as "unTill Payments" or similar) is not provided under these Terms. Such payment functionality is provided by an independent, licensed third-party payment service provider (such as Adyen) and is governed exclusively by a separate agreement between the Customer and that provider. Onboarding, KYC, settlement, fee-splitting and payout arrangements are governed by that separate agreement.
11.3 To the maximum extent permitted by law, unTill Air has no liability under these Terms for any matter relating to payment services, including any outage, processing error, delay, settlement issue, fee, chargeback, fraud or regulatory non-compliance. The Customer's recourse in respect of payment matters lies exclusively against the relevant third-party payment provider.
12.1 The Service is provided on a recurring subscription basis (monthly or annual), as selected by the Customer during sign-up. The subscription grants the Customer the right to use the Service for the chosen subscription period.
12.2 unTill Air may offer a free trial period. Unless expressly stated otherwise during sign-up, a free trial does not automatically convert into a paid subscription.
12.3 Subscriptions are automatically renewed for successive periods equal to the initial subscription period, unless cancelled in accordance with Article 13.
12.4 The Customer may, via the back office of the Service, cancel or upgrade its subscription on a self-service basis. Upgrades take effect immediately, against payment of the additional fees due. Downgrades can be requested by email at info@air.untill.com and take effect at the end of the period already paid for. Fees already paid are non-refundable; cancellation does not entitle the Customer to a refund of fees for the remaining paid period.
12.5 Each subscription includes the number of devices specified during the (online) order process. The Customer may add additional devices on a self-service basis via the back office. The applicable rates for additional devices are made available via the Service and/or the (online) order process.
12.6 unTill Air may verify by technical means the number of devices in use under the Customer's subscription. Where the Customer uses more devices than it has registered and paid for, unTill Air may, after prior notice, charge the fees due for those devices with retroactive effect from the date on which they were first used, without prejudice to Articles 4.5(e) and 16.1.
12.7 Fees are billed through unTill Air's subscription/billing provider and are payable by the chosen payment method (such as credit card or direct debit). All fees are exclusive of VAT and other applicable taxes, which are charged in addition at the applicable rate for the Customer's country.
12.8 Unless expressly agreed otherwise during sign-up, all fees are denominated in euros and the Customer must make all payments in euros.
12.9 In the event of late or non-payment, unTill Air is entitled to charge statutory commercial interest (wettelijke handelsrente) and reasonable extrajudicial collection costs, and to exercise its suspension rights.
12.10 Where the Customer consists of more than one natural or legal person, each of them is jointly and severally liable (hoofdelijk aansprakelijk) for the due performance of all obligations under the Agreement.
12.11 The Customer is not entitled to set off (verrekening) any amount due to unTill Air against any claim it may allege against unTill Air, nor to suspend (opschorten) any payment obligation, including on the ground of any alleged defect in, complaint about, or unavailability of the Service.
12.12 unTill Air is entitled at all times to require full or partial advance payment and/or to otherwise obtain security for the Customer's payment obligations, and may make (continued) provision of the Service conditional upon receipt of such advance payment or security.
12.13 With respect to the services performed by unTill Air and the amounts owed by the Customer in respect thereof, the data from unTill Air's administration constitute full proof without prejudice to the Customer's right to adduce evidence to the contrary.
13.1 The Agreement commences upon acceptance and continues for the chosen subscription period, renewing automatically in accordance with Article 12.3.
13.2 The Customer may terminate the subscription via the back office with effect from the end of the then-current subscription period. For monthly subscriptions, termination takes effect at the end of the current month; for annual subscriptions, the Customer retains the right to use the Service for the remainder of the paid annual period. Fees already paid are non-refundable and such termination does not entitle the Customer to any refund of fees for the remaining paid period.
13.3 Either Party may terminate the Agreement in writing if the other Party is in material breach and fails to remedy that breach within a reasonable period after written notice of default (ingebrekestelling), or upon the other Party's bankruptcy, suspension of payments (surseance van betaling) or cessation of business.
13.4 Upon termination, the Customer's right to access and use the Service ends. The provisions which by their nature are intended to survive (including those relating to intellectual property, liability and governing law) remain in force.
13.5 unTill Air may terminate the Agreement in writing, in whole or in part, with a reasonable notice period, if circumstances arise of such a nature that continued performance of the Service becomes permanently impossible or cannot reasonably be required of unTill Air, including where a critical third-party supplier, hosting provider or licensor ceases to be available, or where a change in applicable law or regulation makes the continued provision of (part of) the Service unlawful or commercially unviable. In such case unTill Air will refund, on a pro-rata basis, any prepaid fees relating to the period after the effective date of termination. unTill Air is not liable for any further damage resulting from such termination.
14.1 In providing the Service, unTill Air processes transactional data and certain personal data on behalf of the Customer, including data relating to the Customer's Authorised Users and employees. The Service is not designed as a reservation or guest-management system. However, the Service contains free-text fields into which the Customer or its Authorised Users may enter data relating to end-customers or guests. The Customer, as controller, determines what data it enters into such free-text fields; unTill Air processes any such data solely as processor, on the Customer's instructions and in accordance with the Data Processing Agreement. The Customer warrants that any data it enters into free-text fields is lawfully collected and processed, is limited to what is necessary, and complies with applicable data protection law.
14.2 In respect of personal data processed on the Customer's behalf, unTill Air acts as a processor (verwerker) and the Customer acts as the controller (verwerkingsverantwoordelijke) within the meaning of Regulation (EU) 2016/679 (GDPR). For certain processing activities (for example its own marketing), unTill Air may act as a controller. This is governed by unTill Air's privacy policy.
14.3 A Data Processing Agreement (DPA), compliant with Article 28 GDPR, forms an integral part of the Agreement and is made available to the Customer as an Annex to these Terms and Conditions and/or at https://untillair.com/data-processing-agreement.html. By accepting these Terms and Conditions, the Customer is deemed to have entered into the DPA automatically and simultaneously.
15.1 Any advice, knowledge, recommendations, suggestions, statements or specifications provided by unTill Air regarding, among other things, the characteristics, configuration or use of the Service are given entirely without obligation and by way of non-binding information only. unTill Air gives no warranty of any kind in respect thereof, and no such information constitutes tax, accounting, legal or other professional advice.
15.2 To the maximum extent permitted by law, unTill Air is not liable for any direct or indirect damage, in whatever form and on whatever ground, arising from or relating to the provision of information, advice or recommendations by unTill Air. The Customer indemnifies and holds unTill Air harmless against all third-party claims arising from or relating thereto, except to the extent the damage or claim results from intent (opzet) or deliberate recklessness (bewuste roekeloosheid) on the part of unTill Air's management.
16.1 unTill Air is entitled to suspend, in whole or in part and with immediate effect, the Customer's access to the Service, without any liability and without prejudice to its other rights, if:
a) the Customer fails to pay any subscription fee or other amount when due;
b) the Customer breaches unTill Air's intellectual property rights or the licence restrictions in Article 4;
c) continued use poses a security risk; or
d) the Customer otherwise materially breaches the Agreement.
16.2 unTill Air will, where reasonably possible, notify the Customer of a suspension. Suspension does not relieve the Customer of its payment obligations. unTill Air will restore access once the cause for suspension has been fully remedied.
17.1 unTill Air provides the Service with reasonable care and skill. The Service is a standardised, scalable solution that is not developed for the Customer's specific circumstances; it is made available "as is" and "as available", and the Customer is itself responsible for assessing whether the Service is suitable for its intended use.
17.2 To the maximum extent permitted by law, unTill Air does not warrant that the Service will be available at all times or without interruption, that it will function without defects or errors, that defects will be remedied, or that the Service will be secure, complete, accurate or free from loss of data. To the extent permitted by law, unTill Air excludes any statutory or other guarantee, warranty or conformity requirement that is incompatible with the standardised nature of the Service and its provision on a best-efforts basis. This Article does not affect any liability of unTill Air that cannot be excluded under mandatory law. The Customer uses the Service at its own risk.
18.1 unTill Air's total liability arising from or in connection with the Agreement, whether based on attributable failure to perform (toerekenbare tekortkoming), tort (onrechtmatige daad) or any other legal ground, is limited to compensation for direct damage.
18.2 To the maximum extent permitted by applicable law, unTill Air shall not be liable for any indirect, incidental, special, or consequential damages (including gevolgschade). This exclusion expressly includes, without limitation, damages for loss of revenue or turnover, loss of profit, anticipated savings, loss or corruption of data, reputational harm, loss of goodwill, or business interruption, including any downtime experienced during peak trading periods.
18.3 unTill Air's aggregate liability for direct damage is in all cases limited to the amount of fees paid by the Customer to unTill Air for the Service in the six (6) months preceding the event giving rise to the liability, whereby a series of connected events is regarded as a single event.
18.4 The Customer is not entitled to recover from unTill Air, on any legal ground whatsoever, any administrative fine imposed on the Customer by a competent authority.
18.5 unTill Air is not liable for any claim brought against the Customer by the Customer's own guests, customers or other third parties, including claims relating to orders that could not be placed or processed, incorrect prices or amounts, or the unavailability of the Service during busy or peak trading periods. The same applies to any claim by the Customer itself for loss of revenue or turnover, loss of profit or business interruption arising from any unavailability, malfunction or defect of the Service. Any such loss is treated as indirect damage and is excluded under this Article. The Customer indemnifies unTill Air against such third-party claims, except to the extent that the claim results from intent or deliberate recklessness on the part of unTill Air's management.
18.6 Any liability of unTill Air arises only if the Customer notifies unTill Air in writing of the alleged failure without undue delay via a detailed notice of default (ingebrekestelling), describing the failure in sufficient detail, and grants unTill Air a reasonable period to remedy it. The Customer is obliged to take reasonable measures to prevent and limit any damage.
18.7 The limitations and exclusions in this Article do not apply to damage caused by the intent (opzet) or deliberate recklessness (bewuste roekeloosheid) of unTill Air's management, or to liability that cannot be excluded or limited under mandatory law.
18.8 A precondition for the existence of any right to compensation is that the Customer notifies unTill Air of the damage in writing as soon as possible after it arises, and in any event no later than sixty (60) days after the damage has arisen. Any claim for compensation against unTill Air lapses by the failure to notify the damage in time, or by the mere expiry of twelve (12) months after the claim arose.
18.9 The limitations and exclusions of liability set out in this Article, as well as all other limitations and exclusions of liability in these Terms and Conditions, are also stipulated for the benefit of unTill Air's directors, officers, employees, group companies, distributors, licensors, suppliers, service partners and any other third parties engaged by unTill Air in the performance of the Agreement, each of whom may invoke these provisions towards the Customer as if they were a party to the Agreement.
19.1 Neither Party is obliged to perform any obligation under the Agreement if it is prevented from doing so as a result of force majeure. During a period of force majeure, the affected Party's obligations are suspended.
19.2 In respect of unTill Air, force majeure includes, without limitation: failures or outages of hosting providers, data centres, cloud infrastructure or other suppliers and subcontractors of unTill Air; interruptions or failures of internet, telecommunications, electricity or other utilities; cyber-attacks (including DDoS attacks), malware and hacking; pandemics, epidemics and government measures; war, terrorism, riots and civil unrest; strikes and industrial action; fire, flood and other natural disasters; and any failure of independent third-party payment service providers. A shortcoming of a supplier or subcontractor of unTill Air that the latter could not reasonably have foreseen or avoided also qualifies as force majeure.
19.3 The Customer's inability to pay, or any lack of funds, liquidity or creditworthiness on the part of the Customer, does not constitute force majeure and does not relieve the Customer of its payment obligations.
19.4 The Party invoking force majeure will notify the other Party in writing as soon as reasonably possible, stating the nature of the force majeure and its expected duration, and will use reasonable efforts to limit the consequences and to resume performance.
19.5 If a situation of force majeure continues for more than sixty (60) consecutive days, either Party may terminate the Agreement in writing with immediate effect, without either Party being liable to the other for any resulting damage. Amounts owed for performance already rendered before the force majeure occurred remain payable.
20.1 unTill Air may amend its pricing. unTill Air will notify the Customer of any price change at least thirty (30) days before it takes effect.
20.2 In addition, unTill Air may adjust its rates once per year on the basis of an objective and commonly used price index (such as the CBS price index for commercial services, or a similar index), subject to the same 30-day prior notice. An indexation-based adjustment does not give rise to a termination right.
20.3 If a price change (other than indexation under Article 20.2) materially and adversely affects the Customer, the Customer may terminate the subscription in writing with effect from the date on which the change takes effect, by giving notice before that date. Fees already paid are non-refundable and such termination does not entitle the Customer to any refund or compensation. Continued use of the Service after the effective date constitutes acceptance of the amended pricing.
21.1 This Article applies to unTill Air's provision of the Service as a data processing service, to the extent that Regulation (EU) 2023/2854 (the Data Act) applies. It governs switching to another provider or to the Customer's own infrastructure, the export of the Customer's data, and retrieval and deletion on exit. Nothing in the Agreement excludes, limits or makes conditional any right of the Customer that is mandatory under the Data Act, and to that extent this Article prevails over any conflicting provision of these Terms.
21.2 "Exportable Data" means the Customer Content and the data generated by or on behalf of the Customer through its use of the Service that unTill Air holds in a form capable of export, including article, menu and price data, employee and user records entered by the Customer, and transaction and reporting data attributable to the Customer. Exportable Data does not include unTill Air's software, source code, models, know-how or infrastructure, the data of other customers, or data that unTill Air holds only in aggregated or anonymised form and that no longer relates to the Customer.
21.3 Where the Agreement does not otherwise provide for it in writing, the Customer may request access to, export of, or a switch in respect of its data by submitting a request through unTill Air's usual channels. unTill Air will act on requests that are sufficiently specific and complete, and may first assess whether the request is lawfully made and to what extent it is obliged to comply. The Customer will supply the information unTill Air reasonably needs for that assessment. Where unTill Air does not itself hold the data concerned and cannot satisfy the request, it will, where feasible, help the Customer identify the party that can.
21.4 The Customer may switch to another provider of an equivalent service, or to its own infrastructure, at any time, and may terminate the Agreement for that purpose on a notice period of no more than two (2) months. unTill Air will not put in place or maintain commercial, technical, contractual or organisational measures that unreasonably prevent, hinder or delay the Customer from ending the Agreement, contracting with another provider, or transferring its data to another provider or to its own infrastructure.
21.5 The transition period begins no later than the end of the notice period and runs for thirty (30) calendar days. Where completing the transition within that period is technically not practicable, unTill Air will inform the Customer in writing, explaining the constraints, and the period is extended for the time reasonably required. During the transition unTill Air will take reasonable measures to execute the request, sustain continuity of the agreed Service, and maintain an appropriate level of security. Where the switch involves migration to another provider, unTill Air will provide reasonable support and share relevant information about known continuity risks. unTill Air will make the Exportable Data available in a structured, commonly used and machine-readable format, and will inform the Customer of the available formats and of any known technical limitations. unTill Air provides the Service on a software-as-a-service basis and does not warrant that another provider's service or the Customer's own environment will replicate the functionality, configuration or performance of the Service; its obligation is limited to enabling the switch and making the Exportable Data available, and it is not required to implement or upload the data at the receiving end.
21.6 Effective switching requires the timely cooperation of the Customer. The Customer will initiate the switch through the designated channel, provide the information reasonably required to effect it, and verify the completeness of the exported data within the transition period. unTill Air is not responsible for delay or loss attributable to the Customer's failure to cooperate or to retrieve its data in time.
21.7 Where the request includes an intention to terminate the Service, and notwithstanding any other provision on termination in the Agreement, the Agreement for the Service ends at the close of the transition period, subject to a successful migration. Where the Customer does not intend to migrate, the Agreement ends two (2) months after receipt of the complete request. Any other services continue in force unless separately terminated in accordance with the applicable notice provisions. After the end of the transition period the Customer has a further period of at least thirty (30) calendar days to retrieve its Exportable Data. Once that period has lapsed, unTill Air will, to the extent technically possible, permanently delete the Exportable Data so that it can no longer be accessed, unless unTill Air is required by law to retain it.
21.8 unTill Air will not charge for switching, to the extent and from the date that such charges are prohibited under the Data Act. Until that date any charge for switching or for making the data available will not exceed the costs directly related to the operation concerned. Where the Customer switches during a fixed-term subscription period (for example an annual subscription) and thereby terminates the subscription before the end of that period, the fees for the remainder of the committed subscription period remain payable as an early-termination amount communicated to the Customer in advance. This does not constitute a charge for switching.
22.1 unTill Air makes the Service available directly to the Customer. Certain related matters, including extended or hands-on support, hardware procurement, on-site setup, installation, configuration, training and other bespoke or additional services and products, are provided, if at all, by independent local distributors or other third parties under separate arrangements to which unTill Air is not a party.
22.2 Such distributors and third parties are independent undertakings. They are not employees, agents, representatives or subcontractors of unTill Air and have no authority to bind unTill Air, to make representations or give warranties on its behalf, or to incur any obligation in its name. Nothing in the Agreement creates any partnership, joint venture, agency or employment relationship between unTill Air and any distributor, or between unTill Air and the Customer. This is without prejudice to the role of a Service Partner in providing second-line support as described in Article 9.
22.3 unTill Air is not a party to, and has no liability under, any agreement between the Customer and a distributor or other third party (including any agreement for support, hardware, installation, training, additional services or payment services). The Customer's rights and recourse in respect of such matters lie exclusively against the relevant distributor or third party, and unTill Air is not responsible or liable for their acts or omissions.
23.1 unTill Air may amend these Terms and Conditions. unTill Air will notify the Customer of any amendment at least thirty (30) days before it takes effect.
23.2 If an amendment to these Terms and Conditions materially and adversely affects the Customer, the Customer may terminate the subscription in writing with effect from the date on which the amendment takes effect, by giving notice before that date. Fees already paid are non-refundable and such termination does not entitle the Customer to any refund or compensation. Continued use of the Service after the effective date constitutes acceptance of the amended Terms and Conditions.
24.1 The Agreement constitutes the entire agreement between the Parties in respect of its subject matter and supersedes all prior arrangements, communications, representations, proposals and understandings between the Parties relating to that subject matter, whether written or oral. No prior statement or representation binds the Parties unless expressly incorporated into the Agreement in writing.
24.2 The Customer may not assign, transfer or otherwise dispose of any of its rights or obligations under the Agreement, in whole or in part, without the prior written consent of unTill Air. unTill Air may assign or transfer its rights and obligations under the Agreement to a third party, including in connection with a merger, reorganisation or transfer of (part of) its business, and the Customer hereby grants its cooperation in advance to such transfer.
24.3 Unless otherwise provided in the Agreement, notices to the Customer may be given by email to the address provided by the Customer or via the Service. Notices to unTill Air must be sent to the contact address designated by unTill Air. A notice is deemed received on the day of transmission by email, provided no error message is received.
24.4 If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions remain in full force and effect, and the Parties will replace the invalid provision with a valid one that approximates its purpose as closely as possible.
24.5 The Agreement and these Terms and Conditions are governed exclusively by the laws of the Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG / Weens Koopverdrag) is expressly excluded. Any dispute arising out of or in connection with the Agreement that the Parties cannot resolve amicably shall be submitted exclusively to the competent court of the Netherlands having jurisdiction over the place of business of unTill Air.
24.6 These Terms and Conditions have been drawn up in the English language. Notwithstanding the use of the English language, all terms, concepts and provisions used herein shall be interpreted and construed in accordance with the laws of the Netherlands and the meaning attributed to them under Dutch law. Where an English term does not have an exact equivalent under Dutch law, the Dutch-law concept that most closely corresponds to the intended meaning shall prevail.
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