Terms of Service

1. Accepting these Terms

These Terms are the online agreement between the business or organization that creates or uses an Ellich account ("Customer") and the provider identified as Ellich in the service, checkout, or applicable invoice ("Ellich"). By creating an account, checking the acceptance box, or using the service, Customer agrees to these Terms. The person creating the account confirms that they are at least 18 and authorized to create and administer the account for Customer.

Ellich does not require a separate signed sales contract, minimum subscription term, or early termination fee for a standard self-service plan. If Customer voluntarily requests a separately negotiated enterprise arrangement, only that separately accepted document will modify these Terms.

2. The SaaS service

Ellich provides hosted software for restaurant and retail operations, together with station applications, device software, integrations, support tools, updates, and related online services. The Privacy Notice, Acceptable Use Policy, and Data Processing Addendum form part of these Terms.

The subscription provides access to the service; it is not a sale or transfer of ownership of Ellich software, source code, platform technology, or intellectual property. Any downloadable station or device software is licensed only as needed to use the subscribed service.

3. Accounts, users, and security

• Customer must provide accurate account and business information and keep it current.
• Customer controls its authorized users, roles, locations, devices, PINs, passwords, and permissions.
• Each user should use their own credentials and must not bypass access or security controls.
• Customer must promptly report suspected account compromise, fraud, or unauthorized device access.
• Ellich may require reasonable identity, ownership, tax, or payment verification for regulated features.

4. Free trial

The standard Ellich trial is free for the period displayed at signup. No payment card is required for the trial, and the trial does not automatically become a paid subscription. A paid subscription starts only when Customer affirmatively selects a paid plan, reviews the price and billing cycle, provides an accepted payment method if required, and confirms the purchase.

Customer may stop using or close a trial account at any time. Trial access and trial-only features may end when the displayed trial period expires.

5. Paid subscriptions, renewal, and cancellation

A standard paid plan is billed monthly unless a different billing period is clearly presented and voluntarily selected at checkout. The checkout screen will show the plan, price, billing interval, included usage, taxes, and any usage-based or third-party charges before Customer confirms payment.

Paid plans renew at the end of each billing period until cancelled. Customer may cancel at any time through an available account billing control or by contacting support@ellich.com. Cancellation stops the next renewal and normally takes effect at the end of the current paid billing period. Customer may continue using paid features through that date unless Customer requests earlier account closure or access is suspended for a reason permitted by these Terms.

Standard plans have no early termination fee or cancellation penalty. Fees for a billing period already started are generally non-refundable, except where required by law or where Ellich confirms a duplicate, unauthorized, or incorrect charge. Ellich may change future prices by giving reasonable advance notice; a price change applies no earlier than the next renewal after the notice period.

The Subscription, Cancellation, and Refund Policy provides a plain-language summary of these billing rules.

6. Stripe payments, card fees, application fees, taxes, and hardware

Ellich currently uses Stripe for supported card processing and connected-account services. When Customer enables Stripe, Customer also agrees to the applicable Stripe Connected Account Agreement and the Stripe Services Agreement, including the regional terms for Customer's Stripe account country. Stripe, not Ellich, provides the regulated payment-processing services and may require identity, business, bank, tax, risk, and beneficial-owner verification. Ellich does not intend to store raw payment card numbers.

Stripe's card-processing, Connect, dispute, currency-conversion, payout, refund-related, and other provider fees are separate from Ellich subscription fees and are determined by Stripe's applicable pricing or Customer's Stripe agreement. Stripe may change its fees under its terms.

Ellich may charge a separate Stripe Connect application fee or platform transaction fee on a successfully processed transaction. The current standard configuration, when enabled, is a fixed one-cent application fee per transaction. Ellich will disclose the applicable amount or calculation method before payment processing is activated and in available payment or settlement records. Stripe may deduct both Stripe fees and an Ellich application fee from the connected-account balance. Ellich may change a future application fee only after reasonable advance notice and before the changed fee applies.

Customer remains responsible for refunds, disputes, chargebacks, negative balances, and other payment obligations assigned to it by the applicable Stripe and Ellich payment configuration. Stripe processing, Connect, or conversion fees from an original transaction might not be returned after a refund. Any surcharge, convenience fee, or other fee Customer charges its own cardholders must comply with applicable law and payment-network rules and must be accurately disclosed by Customer.

Customer is responsible for applicable taxes that Ellich is not required to collect. Subscription billing and merchant payment processing may be handled by third-party financial providers under their own terms.

A hardware purchase, shipping charge, installation service, domain purchase, or third-party add-on is separate from the SaaS subscription and is subject to the price, return, warranty, and cancellation information shown when that item is purchased. Cancelling software access does not automatically reverse a completed hardware or third-party purchase.

7. Customer operations and responsibilities

Customer is responsible for its menus, prices, taxes, tips, receipts, cash handling, refunds, chargebacks, allergens, age-restricted sales, labor practices, marketing communications, and compliance obligations. Ellich workflows, reports, alerts, and recommendations assist operations but do not replace Customer's reconciliation, accounting, legal, food-safety, or employment responsibilities.

8. Customer data and privacy

Customer retains its rights in data submitted to the service. Customer permits Ellich to host, process, transmit, back up, secure, and support that data as needed to provide the service. Customer is responsible for required notices and permissions for staff, guests, customers, loyalty members, and other people whose data it submits. The Privacy Notice and Data Processing Addendum provide additional details.

9. Acceptable use

Customer and its users must comply with the Acceptable Use Policy and applicable law. Ellich may limit or suspend activity that threatens security, harms others, violates law, creates payment-network risk, or materially disrupts the service. When practical, Ellich will provide notice and a reasonable opportunity to correct the issue.

10. Third-party services and integrations

Payment processors, email and SMS providers, delivery services, domain providers, marketplaces, and other integrations operate under their own terms and availability. Enabling an integration authorizes Ellich to exchange the information reasonably needed to operate it. Ellich is not responsible for a third party's independent product, decision, outage, fee, or policy change.

11. Ellich ownership and Customer feedback

Ellich and its licensors retain all rights in the service, software, documentation, brands, designs, and platform technology. During an active trial or subscription, Customer receives a limited, non-exclusive, non-transferable right to use the service for its internal business operations. Customer may provide feedback, and Ellich may use it without obligation so long as Ellich does not publicly identify Customer or disclose Customer confidential information without permission.

12. Service changes, availability, and beta features

Ellich may maintain, update, and improve the service. Features may change as the software evolves, but Ellich will not intentionally remove the core functionality of a paid plan without reasonable notice. Preview, beta, pilot, and field-test features may change, contain errors, or be discontinued and should not be the sole system for safety-critical or legally required records.

Ellich works to keep the service available but does not promise uninterrupted or error-free operation. Customer should maintain reasonable local network, endpoint, reconciliation, and business-continuity procedures appropriate for its store.

13. Suspension, account closure, and data

Customer may cancel its subscription or request account closure at any time. Ellich may suspend or terminate access for nonpayment, material violation of these Terms, security or fraud risk, legal requirements, or conduct that threatens the service or others. When the issue can reasonably be corrected, Ellich will normally provide notice and an opportunity to do so.

Customer should export supported data before paid access ends or account closure becomes effective. Following termination, Ellich may retain data for a limited period for recovery, billing, fraud prevention, backups, or legal obligations and may then delete it according to the Privacy Notice and Data Processing Addendum.

14. Disclaimers and liability limits

To the maximum extent permitted by law, the service is provided "as is" and "as available," and implied warranties are disclaimed. Neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenues, or business opportunities. Ellich's aggregate liability relating to the service will not exceed the fees Customer paid for the affected service during the 12 months before the event giving rise to the claim. These limits do not apply where applicable law does not allow them.

15. Provider identity, notices, governing law, and disputes

The contracting provider is the Ellich operator identified during paid-plan checkout and on the applicable invoice. Before starting a paid subscription, Customer may request the provider's legal name and mailing address from legal@ellich.com.

Mandatory applicable law controls. Where the law permits a contractual choice and checkout identifies one, the governing law and venue shown in the Customer's paid-plan checkout or invoice apply. Otherwise, jurisdiction and venue are determined under applicable law.

Before filing a claim, each party will make a reasonable good-faith effort for 30 days to resolve the dispute by written notice, unless urgent relief is needed or applicable law provides a different right.

16. General terms, updates, and contact

These Terms and the incorporated policies are the entire standard online agreement for the service. If a provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. Customer may not transfer its account or these Terms without Ellich's consent; Ellich may assign them in connection with a merger, reorganization, financing, or sale of the service or business.

Ellich may update these Terms as the software or law changes. Material changes will be communicated by email, in-product notice, or another reasonable method before they take effect when required. If a material change requires new consent, Ellich will request it. Customer may stop using or cancel the service if it does not agree with an update.

Questions, cancellation requests, and billing questions may be sent to support@ellich.com. Privacy questions may be sent to privacy@ellich.com. Mandatory applicable law controls any matter that cannot lawfully be changed by these Terms.