General Terms and Conditions WEIQ – Subscription (SAAS)

1 Introduction

These General Terms and Conditions (GTC) govern your use of the agreed software (WEIQ), hereinafter referred to as the Service. The Service is provided by MEIQ Systems AB (MEIQ Systems). You purchase access to the Service directly from MEIQ Systems. These GTC apply between MEIQ Systems and you and govern MEIQ Systems’ obligations towards you as the Customer (the contracting party specified in the agreement) and your obligations as a Customer of the Service. In the GTC, terms with an initial capital letter are used. If the terms are not defined directly in the text, the definitions can be found in the last section below.

The Customer gains access to the Service once these GTC, along with the Data Processing Agreement, have been accepted, which happens upon signing the Agreement. The GTC and the Data Processing Agreement apply regardless of whether the software is provided free of charge or for a fee. The GTC also addresses the relationship between MEIQ Systems, the Customer, and the End Customer (the Customer’s visitors, presumed orderers, and other users of the Service). You can find the terms for the Data Processing Agreement here.

By agreeing to these terms when signing the contract, you also acknowledge that you are obligated to use the payment solution offered by MEIQ Systems’ partner when using the Service. The payment solution is provided by Adyen Nordic AB. When using the SWISH payment solution other than through Adyen Nordic AB, a separate agreement between the Customer and their bank applies. You confirm that you have reviewed and accept the following terms and restrictions:

  • AfP Rules and Conditions (click here to review)
  • Adyen’s list of prohibited and improper products and services (click here to review)

2 Description

2.1 Description of the Service

The WEIQ service offers software consisting of four instances: the User Application, Order Receiver Application, WEIQ Terminal, and an Admin Interface.

2.2 Description of the User Application

Upon signing the agreement, your Seller (the location where the service is used, such as restaurants, bars, cafés, food trucks, or similar) is added to the application, and your End Customers can check in at your location. The User Application is primarily used for ordering, viewing the menu, completing transactions, and receiving other information.

2.3 Description of the Order Receiver Application (WEIQ Order Hub)

Secondly, there is a tablet-based application for bartenders or other order receivers. In this view, the order receiver can manage orders, notify the customer, complete (or reject) orders, modify the menu, open/close the bar, and generate reports.

2.4 Description of the WEIQ Terminal

The WEIQ Terminal is a payment terminal that is also used to take orders, create and update tabs and print receipts. The staff manages the terminal and can process payments through it.

A device running the WEIQ Tap2Pay application should also be considered a WEIQ Terminal.

2.5 Description of the Admin Interface

As a Customer, you will also have access to the Admin Interface. In this web application, a “superuser” (often a restaurant owner) can manage their WEIQ system, this includes: view sales, change prices, adjust opening hours, or edit information that will be displayed to End Customers. You can also retrieve accounting documentation and other reports.

Together, these four components form the foundation of the WEIQ Service, with certain support and other services also included from MEIQ Systems.

3 Communications

Messages and ongoing information about the Service will be provided via the Service or as a notification in the Service’s interface. Messages may also be posted on the relevant website.

A message is considered delivered when it has been published. Examples of messages include information about disruptions, new versions, other software-related information, support, or changes to terms and conditions. MEIQ Systems may, at its discretion, also send messages via email or post. In such cases, the message is considered delivered when it is sent by MEIQ Systems.

The message will take effect immediately, unless otherwise specified in the message.

Messages from the Customer to MEIQ Systems regarding the Terms and Conditions should primarily be sent via email to the address specified on MEIQ Systems’ website. You can also reach us Monday to Friday, excluding holidays, from 08:00 to 17:00 at the phone number provided on MEIQ Systems’ website www.weiq.tech.

4 Subscription Agreement

The Service is provided as “Software as a Service” (SaaS), where the Customer purchases a subscription to the Service made available online. Upon purchase of a subscription, the Customer is granted access to the Service and the right to use it in the manner specified in the General Terms and Conditions (GTC). All parts of the Service are regulated by these Terms and Conditions, including parts that are added, purchased, or used at a later time.

The Customer is granted a limited, cancellable, non-exclusive, and non-transferable license to use the Service in accordance with these Terms and Conditions for the Customer’s internal business operations, subject to payment of fees according to the applicable price list or as agreed in the contract. Payment of fees as per the agreement and compliance with these Terms and Conditions are necessary prerequisites for the right to use the Service.

 

The Service is provided “as is”. The right to use the Service is not conditional upon or dependent on any specific version of the Service or functionality at any given time, but grants access to and the right to use the Service as it is made available at any given time. The provision of the Service is not conditional upon the delivery of future versions or functionalities, nor dependent on publications, materials, or comments regarding the same made by or for MEIQ Systems.

MEIQ Systems reserves the right to provide the Service from another country.

MEIQ Systems reserves the right, at its discretion, to make improvements, additions, and changes, or to remove functionalities, or to correct errors or deficiencies in the Service. MEIQ Systems disclaims responsibility for any issues arising from such actions. If such a change, by any chance, disables features or permanently removes a functionality that constitutes a significant part of the Service, the Customer has the right to terminate the subscription immediately. In this case, the Customer is entitled to a proportional refund of any pre-paid fees for the affected part(s) of the Service.

 

MEIQ Systems reserves the right to change the Terms and Conditions of the Agreement and other terms for the delivery of the Service with 60 days’ notice. If the Customer does not accept such changes, the subscription to the Service may be terminated in accordance with section 10 of these Terms and Conditions. The Customer must notify MEIQ Systems if they no longer accept the Terms and Conditions. The Customer is entitled to a proportional refund of any pre-paid fees that could not be utilized by the Customer due to the changes.

 

MEIQ Systems has the right to engage subcontractors to fulfill MEIQ Systems’ obligations under the Agreement. MEIQ Systems is responsible for the performance of the contractual obligations carried out by subcontractors as if they were performed by MEIQ Systems itself.

In case of cancellation of the order after the agreement has been signed, MEIQ Systems reserves the right to invoice actual costs as well as 25% of the start fee and subscription fee for the first 12 months.

The Customer has no right under any circumstances to transfer or assign, in whole or in part, any license for the Service to a third party (including but not limited to mergers and demergers, bankruptcy, changes in ownership or control, or to related companies) without prior written approval from MEIQ Systems.

5 Right of Use

When the Customer has purchased a subscription to the Service and accepted these Terms and Conditions, the Customer is granted the right to use the Service for the subscription period for as many WEIQ Hubs (order reception stations) as the Customer has purchased a subscription for. The Customer can, at their discretion, purchase the right to additional WEIQ Hubs to expand the Service or the right to use fully or partially integrated Additional Services according to the applicable price list or agreement.

Only the Customer with a paid and valid subscription and persons within the Customer’s organization have the right to use the Service. User accounts are created by MEIQ Systems and managed by the Customer. MEIQ Systems reserves the right to verify the number of utilized WEIQ Hubs.

The Customer and/or User must immediately inform MEIQ Systems of any unauthorized access to login credentials. The customer takes full responsibility for the accounts and credentials created for the Platform, any misuse of the Platform is under the responsibility of the Customer.

The Customer is aware that using the Service requires access to the necessary software, equipment, and communication services to utilize the Service. These requirements will be communicated by MEIQ Systems upon request.

Users must not transmit viruses, worms, or malicious code of any kind to the Service or through the use of the Service. The Service must not be used for any illegal or unauthorized purpose. Users must not violate any laws in the relevant jurisdiction(s), including but not limited to copyright laws or the transmission of offensive, threatening, abusive, defamatory, or otherwise objectionable data to the Service.

6 Service Activation

MEIQ Systems shall provide the Customer with the Service starting from the Start Date, which occurs when MEIQ Systems provides the Customer with login credentials and/or any other instructions.

The Start Date occurs when MEIQ Systems has made the necessary login credentials and other instructions for accessing the Service available to the Customer, without the need for any specific approval from the Customer.

Additional services may become available at a separate time. This does not affect the Start Date.

7 Customer’s Responsibilities

The Customer is responsible for ensuring that they have the right to sell the goods they offer through the Service.

The Customer is responsible for selling only food, beverages, or tickets through the Service.

The Customer is responsible for not offering any prohibited goods as stated here. The Customer shall bear any fines or penalties imposed in connection with the sale of such goods and assumes full legal responsibility.

The Customer has sole responsibility for the sale of products offered through the Service, where the system is used as a platform.

The Customer is responsible for ensuring that these goods meet reasonable expectations of quality and that they are legal and safe for use.

The Customer is responsible, as the seller, for actually providing the goods they offer through the Service.

The Customer is responsible for ensuring that menu information, product details, and other information associated with the Customer are current, and is also responsible for the accuracy of pricing.

The Customer is responsible for ensuring that product images are legally permitted for use and that the images presented match the actual goods being offered.

The Customer is also responsible for ensuring that the bar/restaurant is capable of selling the goods. If an item runs out or is no longer available for any other reason, the Customer is responsible for removing this item from the list of available goods through the Service.

The Customer is responsible for using the system in accordance with the guidelines presented, whether in writing or verbally, by a representative of MEIQ Systems.

 

Purchases made through WEIQ Hub constitute separate agreements between the Customer and the End Customer. When the Customer receives an order for a product through WEIQ Hub, this order constitutes a legally binding offer from the End Customer to the Customer. Upon receiving the order, the Customer must prepare the product for service within a reasonable time and then notify the End Customer via WEIQ Hub that the product is ready to be picked up or served. When the customer arrives to pick up the product, the Customer is responsible for ensuring that the End Customer who made the order is the correct person and has the right to complete the purchase. Examples of situations where the End Customer may not have the right to complete the purchase could include the sale of alcoholic beverages to a person who is intoxicated or does not meet the age requirements. WEIQ Hub provides three methods to verify that the correct End Customer who made the order is the one picking it up. These three verification methods are: (a) A ticket pattern that corresponds to the one in WEIQ Hub. (b) A unique code on the ticket that corresponds to the one in WEIQ Hub. (c) A potential image of the ticket that corresponds to the one in WEIQ Hub.

 

Any mistakes or refunds to the End Customer are the responsibility of the Customer. The End Customer has agreed that they are submitting a binding offer and should pick up the order within forty-five (45) minutes of placing it. Information on when an order has been placed is available in WEIQ Hub. WEIQ takes no responsibility for the accuracy of this information.

 

WEIQ reviews content from its customers and does not allow, under its terms of use, persons under the age of 18 to use WEIQ. However, under all circumstances, it is the Customer’s responsibility to ensure that alcohol is not sold to anyone legally prohibited from being served alcoholic beverages in accordance with the Alcohol Act in the country of the seller. If the wrong person arrives to pick up the product, or if the person is not legally allowed to be served alcoholic beverages, the Customer must deny access to the product and reject or refund the purchase in WEIQ Hub. When the buyer has received the product, the Customer must indicate this in WEIQ Hub. Please note that an item in WEIQ Hub can only be marked as “received” once the End Customer has actually taken possession of it. The Customer must not indicate that the product has been received before it is in the possession of the End Customer. Any complaints or refunds of completed purchases are handled by the Customer. For refunds, contact support@weiq.tech.

 

Regarding tickets, the Customer is responsible for delivering what was promised to the End Customer at the time of purchase. For rescheduled or canceled events, the Customer may be entitled to a refund. The Customer must ensure sufficient coverage in their account to be able to refund all tickets. Otherwise, WEIQ has the right to claim full compensation for refunded tickets plus an additional administrative fee of up to 5000 SEK.

 

8 MEIQ Systems’ Responsibility

MEIQ Systems has the right to distribute, edit, and manage all images you upload to us in connection with your use of WEIQ.

MEIQ reviews the Customer’s content to determine if it is illegal or violates our policies, but the responsibility for this content lies entirely with you or the company making it available.

MEIQ Systems reserves the right to shut down the Service at any time and has sole discretion over functionality and usage. Examples of events that may lead to the shutdown of the Service include:

(a) Abuse of the system
(b) Unpaid invoices or fees
(c) Suspected illegal activity

MEIQ Systems provides the software “WEIQ”, and sales within the software occur between the Customer and its End Customers, where MEIQ Systems does not bear responsibility.

9 Pricing and Billing

Unless otherwise specified in the Agreement, the fees and billing periods for the Service follow the prices that are made available by MEIQ Systems at any given time.

Subscription fees are typically billed three months in advance, unless otherwise specified.

Parts of the Service that, where applicable, have a fee per transaction are typically billed in arrears on a monthly basis.

MEIQ Systems reserves the right to change the price of the Service for future periods. Information regarding price adjustments will be sent out at least 3 months before they take effect.

The payment terms are typically 30 days net. Fees, such as invoice fees, are billed according to the terms that apply at the time by MEIQ Systems.

VAT is added to the listed prices.

Late payment interest is the reference rate set by the Swedish National Bank plus 8 percentage points.

10 Agreement Period and Termination

The subscription is valid from the Start Date. Unless otherwise specified in the Agreement, the Agreement lasts for one (1) year, after which the period is automatically extended by three (3) months at a time unless either party terminates the Agreement in writing at least three (3) calendar months before the end of the respective contract period. The notice period is therefore three (3) months in addition to the current month when the termination is received, unless otherwise specified in the agreement.

The Customer can increase or decrease the number of WEIQ Hubs (order-receiving stations) at any time. The contract period as stated above also includes the new users. Compensation is due from the Start Date.

Termination of this Agreement, either in full or for specific parts or a certain number of items, must be made in writing or in person and will take effect from the day the counterparty receives the termination.

Any fees paid in advance are non-refundable. As a customer, you are responsible for saving the electronic receipt for the terminated contract, which is always sent to the customer via email.

Upon termination of the subscription, the Customer’s access to the Service will be blocked after the last active subscription day.

The Customer can decrease the number of WEIQ Hubs (order-receiving stations) only after the initial contract period has expired.

If the Customer wishes the subscription to cover fewer WEIQ Hubs than those subscribed by the Customer, such a decrease must be reported in writing at least two (2) calendar months before the next contract period. The number of possible logged-in users will then be adjusted to the new desired number of WEIQ Hubs.

In cases where the Customer wishes to export Customer data, this must be done before the last active subscription day. If the Customer requires assistance from MEIQ Systems to export data, this will be charged at the current consulting rate according to the applicable price list. After the last active subscription day, the Customer’s data in the service will be deleted, and it is up to the Customer to save the information in another way.

11 Termination

MEIQ Systems may terminate this Agreement with immediate effect if the Customer is in default with the payment of fees, is insolvent, has been declared bankrupt, or for any other reason is unable to fulfill its payment obligations, or if the Customer breaches this Agreement. MEIQ Systems reserves the right to terminate an agreement without specific reason with a three (3) months’ notice.

In such cases, MEIQ Systems has the right to shut down the Service entirely with immediate effect.

MEIQ Systems has the right to take any actions (such as shutting down your account, limiting usage, removing ads and messages, and terminating the agreement between you and MEIQ Systems) with your account and the information and materials made available there, if one or more of the following conditions are met:

  1. You have violated the law, this Agreement, or the purpose of this Agreement;
  2. You have harassed our employees, users, or third parties;
  3. You have infringed upon our or third parties’ rights;
  4. You have caused problems for us or our users, or created a risk for liability;
  5. We cannot confirm that the information you have provided us, either directly or via the WEIQ Bar App, is accurate; or
  6. You have not paid any fees within the specified time.

You have the right to close your account with us at any time.

You may not use WEIQ or publish content on WEIQ in a manner that violates the law, incites hatred against any group, is misleading, or otherwise considered offensive or incompatible with good business practices.

If we incur costs or suffer damages due to your breach of this Agreement, you agree to reimburse us for these costs, including reasonable legal fees.

Upon termination of the service, the Customer’s data will be stored by MEIQ Systems for up to 18 months in case the Customer decides to resume the service, handle support cases, or contact End Customers.

12 Availability

MEIQ Systems shall provide secure delivery of the Service to the Customer. The Service is typically available via a tablet with Android, which must have a working internet connection when used.

MEIQ Systems (and their contracted suppliers) have the right to take actions that may affect the above-mentioned availability if MEIQ Systems deems it necessary for technical, service, operational, or security-related reasons.

Planned service interruptions due to system maintenance will be communicated to the Customer in advance.

Please visit WEIQ’s website for planned downtime and maintenance stops: www.weiq.tech

Unplanned service interruptions may occur. To the extent that MEIQ Systems is responsible for and can influence such interruptions, MEIQ Systems will promptly address the issue.

WEIQ does not take responsibility or will not reimburse any costs for the Customer that may arise associated with service interruptions.

13 Security

MEIQ Systems is committed to providing secure and reliable services and strives to maintain adequate administrative, physical, and technical security measures at all times. MEIQ Systems regularly performs backups to ensure that the Customer’s data is securely stored. In the event of large-scale errors, there is an option to request the restoration of the most recent backup from MEIQ Systems. Restoring data will incur an additional cost.

WEIQ does not take responsibility or will not reimburse any costs for the Customer that may arise associated with security concerns or in case of security breaches in the Platform.

14 Support

MEIQ Systems is continually developing its products to ensure that Customers have access to the best possible software.

The subscription ensures that the Customer has access to the latest versions of the software and also entitles them to support.

The agreement grants the right to administrator support regarding operational issues with the product.

Unless otherwise agreed, MEIQ Systems provides product support via the internet, email, and phone during business hours, Monday to Friday from 08:00 to 17:00, excluding holidays. Email support queries are normally answered by the following business day. Support queries received by phone are prioritized based on their arrival time. See www.weiq.tech for contact details for support.

Support hours may change, and on the day before a holiday, MEIQ Systems reserves the right to close support, in which case this will be communicated on the MEIQ Systems website.

Support refers to assistance with operational issues related to the system.

MEIQ Systems’ obligations do not include providing instructions or training the User if the necessary information is available in the Service’s help texts, workflows on the internet, or other media, making customer-specific adjustments to the Service, fixing errors caused by actions performed by anyone other than MEIQ Systems personnel, careless or incorrect handling, fixing errors caused by third-party products/services connected to the Service, or fixing errors caused by issues in the Customer’s technical equipment or errors caused by malicious code. Furthermore, MEIQ Systems has no obligation to fix errors in networks, operating systems, or other software provided by third parties.

All support efforts from MEIQ Systems must be reasonably related to the subscription fee.

15 Intellectual Property Rights

MEIQ Systems – or its licensors – is the sole owner of all intellectual property rights (IPR) related to the Service. IPR includes, but is not limited to, copyrights, patents, trademarks, trade names, designs, product designs, source code, databases, business plans, and know-how, whether registered or not. All documentation, including manuals, user guides, or other written, electronic, or non-electronic descriptions of how the Service is structured and used (Documentation), is considered part of the Service and is subject to the same restrictions. All copyrights, trademarks, registered trademarks, product names, trade names, or logos listed in the Service or in connection with the Service are the property of their respective owners.

MEIQ Systems does not claim any intellectual property rights or ownership of any kind to Data owned by the Customer that is transferred to the Service.

The Service may be integrated with third-party applications, websites, and services (“Third-Party Applications”), to make content, products, and/or services available to the user. These Third-Party Applications may have their own terms of use and privacy policies, and the use of these Third-Party Applications is governed by and subject to such terms and privacy policies. MEIQ Systems does not endorse or assume responsibility for the behavior, features, or content of any Third-Party Application or for any transaction the user may enter into with the provider of such Third-Party Application.

If the Customer infringes on MEIQ Systems’ or any third party’s IPR, or uses the Service in a way that violates the Agreement, the Customer shall pay an amount equivalent to the higher of the subscription fees for five years concerning the current licenses or the actual damage caused. The Customer acknowledges that MEIQ Systems may suffer irreparable harm in the event of an infringement or damage to IPR, and that MEIQ Systems or its licensors shall have the right to take all reasonable actions to protect their commercial interests and property, including any legal actions available. The same applies if the Customer has, or has attempted to obtain, information or data to which the Customer is not entitled under the Agreement.

Here is the translation for Section 16 regarding Third-Party Claims:

16 Third-Party Claims

The Customer shall defend MEIQ Systems against claims or lawsuits where a third party has made claims based on the Customer’s Data or use of the Service being in violation of this Agreement, infringing or violating the third party’s patent, copyright, or other intellectual property rights, or in violation of applicable laws. MEIQ Systems must immediately notify the Customer of any such claims. The Customer shall indemnify MEIQ Systems for all costs, fees, damages, expenses, or losses incurred by MEIQ Systems under a court-confirmed settlement or judgment, including attorney’s fees, provided that MEIQ Systems cooperates with the Customer at the Customer’s expense, and gives the Customer full control over the legal process and/or settlement, and the settlement releases MEIQ Systems from all liability.

 

17 Confidentiality

Each party agrees not to disclose any information about the other party’s business that may be considered trade or professional secrets, or that is subject to a confidentiality obligation by law (“Confidential Information”) to any third party without the prior written consent of the other party.

Each party is responsible for ensuring that their respective employees and consultants comply with the provisions of this Agreement and shall ensure that the confidentiality obligations of this Agreement are upheld through confidentiality agreements with them or other appropriate measures.

The confidentiality obligation of each party under this Agreement applies during the term of the Agreement and for a period of five (5) years after the Agreement has terminated.

18 Warranty and Warranty Limitation

MEIQ Systems guarantees that the Service will function primarily as described. Both the Customer and MEIQ Systems agree that the Service and its delivery are not entirely free from errors, and that improvements to the Service are an ongoing process. The Customer acknowledges that the Service is delivered as-is and is used at the Customer’s own risk.

MEIQ Systems does not guarantee that the Service meets the Customer’s specific requirements or purposes, that it functions correctly with the Customer’s chosen equipment, systems, or settings, nor that it will not be interrupted or error-free. The Customer is responsible for ensuring that third-party programs such as browsers, PDF readers, toolbars, antivirus programs, and firewalls are properly installed and allow traffic to websites indicated by MEIQ Systems. Furthermore, it should be noted that the use of the Internet to access the Service is neither installed, maintained, nor managed by MEIQ Systems, and MEIQ Systems does not have control over the Internet. MEIQ Systems is not responsible for interruptions or disruptions in the operation of any part of the Internet, nor for any regulation of the Internet. MEIQ Systems will take all reasonable steps deemed appropriate to prevent or rectify such events but does not guarantee that interruptions will not occur. MEIQ Systems is not responsible for the performance of Internet services or how Internet providers perform their services.

If the Service does not function in accordance with the above limited warranty, MEIQ Systems will correct any identified errors or deficiencies in the Service at its own expense. MEIQ Systems will address reported errors that significantly impact the functionality of the Service as soon as possible. However, MEIQ Systems reserves the right to decide when and how an error will be fixed, and when and how an action will be taken. MEIQ Systems will address errors that do not significantly impact the Customer’s use of the Service and/or the functionality of the Service, at the earliest during the next official release of the Service.

The Service is delivered as-is, and neither MEIQ Systems nor any of its licensors provides any express or implied warranty regarding suitability for a particular purpose or system integration capacity. No claims other than those explicitly stated in the Agreement have been made regarding the Service, and the Customer should not rely on any claims that are not expressly stated in the Agreement.

Links to websites not owned or controlled by MEIQ Systems that appear in the Service or associated websites or Documentation are provided for convenience only. MEIQ Systems is not responsible for such websites. If any part of the Agreement is found to be invalid, in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision will, in such a case, be replaced by a provision that, to the extent possible, achieves the original provision’s purpose.

19 Limitation of Liability

MEIQ Systems is not, under any circumstances, responsible for the content or ownership of the Data.

MEIQ Systems is not, under any circumstances, responsible for any instructions for data processing or other actions performed by the Customer’s WEIQ Hub.

If MEIQ Systems is held liable for payment to the Customer as a result of a breach of any obligation under the Agreement, such compensation, under no circumstances, will include compensation for indirect losses or consequential damages, or any damages resulting from such a breach, including but not limited to any loss of data, loss of production, loss of revenue or profit, or third-party claims or regulatory decisions, even if the Customer was informed of the risk of such damages. MEIQ Systems’ liability under the Agreement is limited to direct damages, except where otherwise required by mandatory law, such as in cases of gross negligence or intent.

All refunds and compensations for direct damages, as well as direct losses and costs during each contract period, will never exceed an amount corresponding to 2 months of Subscription Fees for the Service during the same period.

Neither MEIQ Systems nor the Customer will be liable for delays or interruptions in their obligations caused by, or arising from, a force majeure event, such as earthquakes, riots, labor disputes, or other events similarly outside the control of MEIQ Systems or the Customer.

In the event that laws, regulations, or directives affecting the Service or its delivery are amended, or new laws, regulations, or directives become applicable after the Service has been made available on the market, which prevent MEIQ Systems from fulfilling instructions from the Customer or MEIQ Systems’ obligations under the Agreement, and/or require that the Service be suspended, either wholly or partially, for a certain period or indefinitely, such an event will be considered a force majeure event. MEIQ Systems will not be responsible for such a force majeure event. In such cases, the Customer will be refunded for any Subscription Fees paid in advance for the affected Service from the month following the suspension due to the force majeure event. Apart from this, the Customer will not have the right to make any further claims against MEIQ Systems.

Even though MEIQ Systems will take due care to ensure secure transfers of information between the Customer and the Service, the Customer acknowledges that the Internet is an open system, and that MEIQ Systems cannot guarantee, and does not guarantee, that third parties will not gain access to or alter Data or Transfers. MEIQ Systems is not responsible for such unintended misuse, disclosure, or loss of Data.

20 Agreement Parties and Governing Law

The rights and obligations of the parties shall be governed by Swedish law in its entirety. Disputes regarding the interpretation of the Agreement or the use of the Service shall be resolved through amicable negotiations between the parties. If the dispute cannot be resolved in this manner, the dispute shall be settled through arbitration administered by “Sydsvenska Industri och Handelskammares Skiljedomsinstitut” (the Institute). If the value of the dispute does not exceed SEK 10,000, the Institute’s Rules for Simplified Arbitration Procedures shall apply. If the value of the dispute exceeds SEK 10,000, the Arbitration Rules of the Institute shall apply. If the value of the dispute is between SEK 10,000 and SEK 1,000,000, the arbitration panel shall consist of one arbitrator. If the value of the dispute exceeds SEK 1,000,000, the arbitration panel shall consist of three arbitrators. The value of the dispute includes the claimant’s claim in the notice of claim and any counterclaims in the defendant’s response to the notice of claim.

21 Specific Terms for WEIQ Terminal

Customer’s Responsibility

The customer understands that using the WEIQ Terminal (payment terminal) comes with responsibilities. The customer agrees to follow the instructions below and not to use the terminal in an inappropriate manner that violates these terms or Adyen’s terms. Click here to review them. WEIQ takes no responsibility for ensuring that laws and rules applying to POS-systems, cash registers, payment terminals etc. are followed by the Customer. For example if there are authorities in the country of the Customer that requires POS-systems to be registered with the tax authorities. The customer is responsible for returning dysfunctional or unusable terminals to WEIQ within one (1) month. The customer is also responsible for returning terminals when the agreement with MEIQ Systems AB expires or is terminated. This must be done within one (1) month of the agreement’s termination. For terminals not returned within one month after the agreement ends, MEIQ Systems reserves the right to invoice the customer the cost of the products in accordance with the current price list.

Inspection of Payment Terminal

The customer commits to regularly:

  • Check that the payment terminal is not physically damaged.
  • Check if there are missing seals or screws, holes in the unit, and added cables or labels.
  • Check the cameras for suspicious activities around the payment terminal.
  • Ensure that store staff and camera footage cannot see customers’ PIN codes when they enter them on the terminal.

Awareness of Suspicious Activity

The customer agrees to:

  • Verify the identity of any third parties claiming to be repair or maintenance personnel before granting them access to modify or troubleshoot the payment terminals.
  • Always be aware of suspicious behavior around the terminals, such as unknown individuals attempting to disconnect or open the units.
  • Report all suspicious behavior to WEIQ through the manager or security officer. In case of doubt, contact WEIQ directly.
  • Report immediately if a terminal is lost or stolen.

Procedure for Lost or Stolen WEIQ Payment Terminal

If you discover that a WEIQ payment terminal is lost or stolen, follow these steps:

  1. Write an email answering the following questions:
    • What is the model and serial number of the missing terminal?
    • If needed, determine the serial number by elimination: check the serial numbers on terminals in your store against the terminals listed in your customer area.
    • Where did the terminal disappear or get stolen?
    • How did it happen?
    • How did you discover the terminal was missing?
    • Was the terminal in active use, or was it still in its packaging with intact security seals?
    • If you suspect theft, did you file a police report?
      • If yes, attach the police report to the email.
      • If no, file a police report and send it to us as soon as possible.
    • What measures have you taken to prevent this from happening again?
  2. Send your email to support@weiq.tech.

22 Costs Related to Payment Service Provider 

MEIQ Systems AB shall not be held responsible for any costs, fees, or charges imposed by the Payment Service Provider or its subsidiaries (such as card networks, issuing banks, acquiring banks etc), including but not limited to chargebacks, dispute fees, or any other transaction-related costs. The Customer acknowledges and agrees that any such costs incurred in connection with the use of the Payment Service Provider’s services shall be the sole responsibility of the Customer, and MEIQ Systems AB reserves the right to pass on or directly charge such costs to the Customer without prior notice.

23 Definitions

  • Terminal: A payment terminal provided by WEIQ (MEIQ Systems AB).
  • GTC: General Terms and Conditions (these terms).
  • WEIQ Hub: The order reception station, typically a tablet-based system.
  • End Customer/Visitor/Requester: A physical person, typically a visitor at the customer’s location, who uses WEIQ’s user application to access the customer’s information, place orders, and make purchases from the customer.
  • User Account: A general term referring to the customer’s users, data, and other information related to the customer’s use of and access to the Service.
  • Data: A general term referring to the customer’s users, data, and other information related to the customer’s use of and access to the Service.
  • MEIQ Systems Data: All data owned by MEIQ Systems or its subcontractors that is made available to the customer through the Service, including information provided in the Service by Bisnode.
  • Customer: The legal or natural person specified on the invoice from MEIQ Systems who enters into an agreement with MEIQ Systems based on the AV.
  • Start Date: The day when the delivery of the Service is to begin as specified in the Agreement, when MEIQ Systems provides login details or other instructions for the customer to access the Service.
  • Additional Service(s): Separate individual functions or functional packages that the customer can use, typically for a separate fee per transaction.