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Terms of Use Agreement

Original Effective Date: October 24, 2024
Last Updated: August 13, 2026
Current Version: v2.3Version 2.3
Effective Date: August 15, 2026
Applicable Scope: Applicable globally to merchants based on their respective contracting Kabob entity location.
Contact Information: For any privacy or policy inquiries, please contact us at service@kabob.io or visit our support page at https://www.kabob.io/contact.
Dear all, welcome to our official website, mobile APP, associated software, products, or online services ("Service") supported by KABOB HOLDING Co., LTD. (薩摩亞商串串控股股份有限公司) and its operating system YAKI Integration (collectively, "Kabob", "we", or "us"). No matter whether users have signed up or not, using this Service under any condition means you have agreed to this Agreement and will adhere to all its terms and future modifications. This Agreement applies to all users, merchants, members, viewers, contributors, and any individuals or entities using this Service.

1. Terms of Use Agreement & Order of Precedence

When you enter, access, or use this Service, you confirm that you have read, understood, and agreed to be bound by this Agreement. If you do not agree with any part of this Agreement, you must immediately cease accessing or using the Service.

  • Order of Precedence: In the event of any direct conflict or inconsistency between the documents governing your use of the Service, the following order of precedence shall apply:

  1. An executed Order Form, Master Services Agreement (MSA), or customized enterprise service agreement between you and Kabob;

  2. Applicable product-specific terms, service level agreements (SLA), or Data Processing Addendum (DPA);

  3. This Terms of Use Agreement; and

  4. Any general website policies or user guides.

  • Age & Authority Warranty: You warrant that you are legally of adult age in your jurisdiction and possess full legal capacity and corporate authority to enter into this Agreement. If you register or use the Service on behalf of a business entity, you represent and warrant that you have full authority to bind such entity.

  • Assumption of Risk: You agree to access and use the Service at your own risk. To the maximum extent permitted by law, Kabob disclaims all warranties not expressly set forth herein.

2. Modification and Changes to the Terms of Use

Kabob reserves the right to modify, update, or revise this Agreement from time to time to reflect changes in law, technology, or business operations.

  • Prior Notice for Material, Privacy & Pricing Changes: If any modification involves personal data processing policies, constitutes a material adverse change to your rights or operational obligations, or adjusts subscription fees, Kabob shall provide at least thirty (30) days prior notice before such changes become effective. Notice will be delivered via Email to your registered account manager, system dashboard broadcasts, or formal administrative notifications.

  • Delivery vs. Effective Date: Notices shall be deemed delivered upon transmission through the designated notice channels. Notwithstanding the foregoing, any modification to this Agreement or adjustment to subscription pricing shall become effective only after the applicable thirty (30) days notice period has expired.

  • Continued Use: Your continued access or use of the Service after the Version Effective Date of any updated Agreement constitutes your binding acceptance of the modified Agreement. The latest version will always be accessible at our designated official website URL.

3. Accounts & Credentials

  • Registration Information: You agree to provide true, accurate, current, and complete registration data. Enterprise users must provide full legal enterprise name, tax identification, authorized manager details, physical operational address, contact phone, and valid billing information.

  • Account Security: Account credentials (usernames, passwords, API keys) are strictly for your exclusive authorized use. You are solely responsible for maintaining credential confidentiality and for all activities conducted through your account.

  • Non-Transferability: Accounts may not be assigned, sold, leased, or transferred to third parties without Kabob's prior written consent.

4. General Prohibitions & Restrictions

When using the Service, you expressly agree not to:

  1. Violate any applicable local, national, or international laws, regulatory mandates, or statutory restrictions.

  2. Infringe upon the intellectual property, privacy, or proprietary rights of Kabob or any third party.

  3. Access the Service through unauthorized automated scripts, scraping, reverse engineering, or exploiting system vulnerabilities.

  4. Fabricate, alter, or manipulate consumer reviews, ratings, or merchant operational data.

  5. Sell, lease, sublicense, or commercially exploit access to the Service beyond the scope authorized herein.

  6. Prohibition on Processing Special Sensitive Data: Merchants are strictly prohibited from using standard or custom fields within the Service to collect, process, or store sensitive personal data, including statutory health records (HIPAA/PHI), religious beliefs, political opinions, or sexual orientation. If a merchant independently chooses to record customer dietary preferences, allergen notes, or lifestyle preferences, the merchant shall assume sole legal liability, and Kabob disclaims all associated risks.

5. User-Generated Content (UGC), Data Rights & Backup Retention

  • Ownership & Limited License: You retain full ownership of all creative content, logos, menu data, textures, promotional materials, and commercial catalogs uploaded to the Service ("Customer Content"). You grant Kabob a worldwide, royalty-free, non-exclusive license to host, store, reproduce, adapt, and display Customer Content solely as necessary to provide, operate, maintain, support, and improve the Service for you. This license does not grant Kabob the right to use your brand assets or identifiable personal data for independent marketing, advertising, or unrelated commercial case studies without your prior written consent.

  • Personal Data Protection: Personal data processed through the Service is governed strictly by applicable privacy laws and Kabob's Privacy Policy/DPA. Identifiable personal data will not be sold, leased, or shared with third parties for marketing purposes.

  • Anonymized & Aggregated Data Usage Rights: Kabob may generate, compile, analyze, use, and retain aggregated and anonymized data derived from operational transactions that does not identify and cannot reasonably be used to identify you, any individual consumer, or specific transactions ("Anonymized Data"). Kabob may use and retain Anonymized Data for industry benchmarking, system optimization, security, analytics, and machine learning calibration. For clarity, nothing in this Section transfers ownership of the Merchant's underlying identifiable data to Kabob. Kabob strictly covenants that it shall not attempt to re-identify such Anonymized Data.

  • Production System Deletion & Secure Backup Retention: Upon account deletion or termination, Kabob will permanently delete Customer Content and identifiable personal data from active production systems ("Delete means No Retention"). Residual copies may remain temporarily in secure, encrypted backup and disaster recovery systems in accordance with Kabob's standard backup retention schedule. Such residual copies will not be restored or used except for disaster recovery, auditing, security, or legal compliance, and will be deleted in the ordinary course of the backup retention cycle.

6. Payment, Subscription Lifecycle & Offset Rights

  • Pricing & Subscription Plans: The Service includes free and paid subscription tiers. Fees are charged based on selected plans, billing cycles, and feature modules.

  • Subscription Lifecycle & Auto-Renewal: Subscriptions automatically renew for successive billing periods equal to the original term (e.g., monthly or annually) unless cancelled prior to the applicable renewal date. A cancellation will take effect at the end of the then-current paid subscription period, and you may continue to use the Service until that date.

  • Prepaid Fees & Price Adjustments: Except as required by applicable law or expressly agreed in writing, prepaid subscription fees are non-refundable. Any subscription price increase will apply no earlier than your next renewal period following at least thirty (30) days prior written or electronic notice.

  • Offset Rights Limitation: Kabob reserves the right to offset overdue balances against pending settlements or linked financial accounts only where expressly authorized under an applicable payment or merchant processing agreement and permitted by applicable law, and following reasonable written notice.

7. Service Termination, Cure Period & Data Export Grace Period

  • Termination for Convenience & Material Breach: You may stop using the Service at any time. For a material breach of this Agreement that is capable of remedy, Kabob will provide written notice specifying the breach and a reasonable opportunity (no less than fifteen (15) days) to cure the breach prior to suspending or terminating the Service.

  • Immediate Suspension Events: Kabob reserves the right to immediately suspend or block access where reasonably necessary due to: (i) severe fraud, money laundering, or illegal activity; (ii) material or serious violations of Clover's Acceptable Use Policy (AUP) that reasonably require immediate suspension to comply with payment, fraud, security, regulatory, or card-network requirements, or where immediate suspension is required by Clover or an acquiring bank; (iii) severe security threats or system abuse; or (iv) court orders, law enforcement requests, or statutory mandates.

  • 14-Day Data Export Grace Period: Except in cases of severe fraud, illegal activity, or court order, upon account termination or cancellation, Kabob will provide a reasonable grace period of fourteen (14) days for you to independently export historical store operational data. Upon expiration of this 14-day window, Kabob shall permanently delete or anonymize all remaining production account data.

8. Indemnification & Intellectual Property Protection

  • Merchant Indemnification: You agree to defend, indemnify, and hold harmless Kabob, its directors, officers, employees, and agents from and against any third-party claims, liabilities, damages, or losses arising out of: (i) your violation of this Agreement or applicable laws; (ii) customer disputes or product liabilities concerning goods/services sold at your establishment; or (iii) unauthorized processing of customer sensitive data.

  • Kabob Intellectual Property Indemnification: Kabob agrees to defend and indemnify you, your officers, and employees against direct third-party claims alleging that the core Service software, when used in strict accordance with this Agreement, infringes or misappropriates any valid third-party intellectual property right, including copyright, patent, trademark, or trade secret. This indemnity does not apply to claims resulting from unauthorized modifications, third-party integrations, or non-compliant use.

9. YAKI Integration — Enterprise Payment Integration & Liability Structure

  • 9.1 Technical Integration Role: YAKI Integration operates solely as a frontend POS software and technical integration platform. YAKI Integration is not a bank, payment processor, or money transmitter. Payment processing, card clearing, and fund settlements are executed exclusively by Clover Network, LLC and its authorized financial acquiring partners pursuant to Clover's Terms of Service (https://www.clover.com/terms) and your Merchant Processing Agreement.

  • 9.2 Merchant Policies & Clover Privacy URL Submission: Merchants utilizing YAKI Integration must maintain customer-facing store policies (Refund, Return, Delivery). Pursuant to Clover requirements, merchants MUST submit a functional URL linking to their Privacy Policy and Terms via the Clover Dashboard.

  • 9.3 Marketing & Opt-in/Opt-out Compliance: Messaging sent via YAKI CRM (SMS, Push, Email, LINE, WhatsApp) requires explicit prior consent (Opt-in). All broadcasts must feature automated Opt-out mechanisms compliant with TCPA, CAN-SPAM Act, and GDPR.

  • 9.4 Genuine Transaction Warranty: Transactions must represent genuine sales of goods/services. Fake transactions, cash advances, split transactions, and self-processing are strictly prohibited under Clover AUP (https://www.clover.com/terms).

  • 9.5 Licenses & Age Verification: Merchants must maintain required commercial licenses (health, alcohol, tobacco). For age-restricted products, merchants bear sole responsibility for age verification.

  • 9.6 Limitation of Liability (Restricted Scope, Carve-outs & Third-Party Events):

  • General Software Liability Cap: To the maximum extent permitted by applicable law, Kabob's aggregate liability arising out of or relating to the Service shall not exceed the total software service fees actually paid by the Merchant to Kabob in the three (3) months immediately preceding the event giving rise to the claim.

  • Liability Cap Carve-outs: The foregoing limitation of liability cap shall not apply to liability arising from: (i) Kabob's fraud, intentional misconduct, or gross negligence; (ii) breach of confidentiality obligations under Section 13; (iii) Kabob's indemnification obligations under Section 8; or (iv) any liability that cannot be excluded or limited under applicable law.

  • Third-Party Payment Events Exclusion: Kabob shall not be responsible or liable for processing delays, settlement failures, clearing errors, account holds, or account suspensions caused solely by Clover, acquiring banks, payment networks, or third-party payment gateways and not resulting from Kabob's willful misconduct or gross negligence.

  • 9.7 Consumer Fees & 9.8 Branding Restrictions: Convenience fees assessed by Clover operate independently of Kabob. Use of Kabob or Clover trademarks requires prior written authorization.

10. Third-Party Applications & App Marketplace Ecosystem

​​Plugins, add-ons, or connectors integrated with YAKI Integration from third-party developers or the Clover App Market are governed by their respective terms. Kabob shall not be liable for failures, data breaches, or disruptions caused solely by third-party applications and not resulting from Kabob's own acts, omissions, integration configuration, or security controls.

11. AI Services & Platform Data Governance

  • 11.1 Internal Operational Reference Disclaimer: AI-generated outputs (ordering recommendations, sales forecasts, menu suggestions) are provided strictly for internal business operational reference. AI insights do not constitute formal legal, accounting, tax, or medical advice.

  • 11.2 Model Training Standards: Machine learning algorithms use Anonymized Data. Kabob covenants that no identifiable merchant personal data or customer identity will be exposed during model calibration.

  • 11.3 Dietary & Allergy Disclaimer: Standard custom fields are not medical modules. Merchants assume 100% legal responsibility for recording customer dietary preferences or food allergen notes.

  • 11.4 Google AI Integration Binding: Synchronization with Google Food Ordering or Google Actions adheres to Google's official policies.

12. Global Trade, Governing Law & Hardware Operations

  • 12.1 Governing Law & Exclusive Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of the primary contracting Kabob entity with which you execute your subscription. For Merchants contracting with a Kabob entity incorporated within the United States, this Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles, and any disputes shall be submitted to the exclusive jurisdiction of the state and federal courts located in California.

  • 12.2 Export Control: You represent that you are not on trade restriction lists maintained by US, Taiwan, or international authorities.

  • 12.3 Mandatory Security Updates for POS Hardware Terminals: Mandatory background updates, security patches, remote reboots, and power schedules apply specifically and exclusively to POS Dual-Screen Hardware Terminals (e.g., specialized Sunmi or POSBANK hardware). Blocking updates on POS hardware relieves Kabob of technical support obligations for affected devices.

13. Mutual Confidentiality & Trade Secrets Protection

​Each party agrees to protect the other party's non-public business, financial, technical, customer, and pricing information ("Confidential Information") with reasonable care. Confidential Information shall not be disclosed to third parties except to employees, advisors, or subprocessors who need to know and are bound by confidentiality obligations, or as required by law. Confidentiality obligations survive termination of this Agreement for a period of three (3) years; provided, however, that trade secrets shall remain protected for so long as they qualify as trade secrets under applicable law.

14. Data Processing Addendum (DPA) & Service Level Agreement (SLA)

​Where Kabob processes customer personal data on behalf of a merchant subject to EU GDPR, CCPA, or applicable data protection statutes, the terms of Kabob's standard Data Processing Addendum (DPA) shall apply. Service level commitments (Uptime, support response targets, planned maintenance) for Enterprise subscribers are set forth in the applicable Order Form or Service Level Agreement (SLA).

15. General Provisions & Survival Clause

  • Severability: If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force.

  • No Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.

  • Survival of Obligations: All provisions which by their nature should survive termination—including Data Ownership & Anonymization (Sec. 5), Subscription & Offset rules (Sec. 6), Indemnification (Sec. 8), Limitation of Liability (Sec. 9.6), Confidentiality (Sec. 13), and Governing Law (Sec. 12.1)—shall survive termination of this Agreement.

The above obligation continues to be effective during and after you use this Service.

Full Ecosystem Support.

From signage to audio, queue systems, kiosks

From signage to audio, queue systems, kiosks

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Every device in your store is part of your RMN

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