General Terms and Conditions WEIQ – Subscription (SAAS)

v.02 2026

Contents

1. Introduction
2. Definitions
3. Description
4. Communications
5. Subscription
6. Right of use
7. Service activation
8. Customer’s responsibilities
9. WEIQ’s role and limitations
10. Pricing and Billing
11. Termination
12. Availability
13. Security
14. Support
15. Intellectual Property Rights
16. Third-Party Claims
17. Confidentiality
18. Warranty and warranty limitation
19. Limitation of Liability
20. Specific terms for WEIQ Terminal
21. Costs related to Payment Service Provider
22. Miscellaneous
23. Governing Law and Jurisdiction

1. Introduction

1. These general terms and conditions (the ”GTC”) govern the Customer’s use of the software and hardware specified in the Agreement. The Service is provided by WEIQ Payments AB, Reg. No. 559148-4380 (”WEIQ”). The Customer purchases access to the Service directly from WEIQ. These GTC constitute the agreement between WEIQ and the Customer (being the contracting party specified in the Agreement) and set out WEIQ’s obligations towards the Customer as well as the Customer’s obligations in relation to WEIQ and the use of the Service. Capitalised terms used but not defined in the body of these GTC have the meanings set out in Section 2.
2. 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 Service is provided free of charge or for a fee. The GTC also address certain aspects of the operational relationship between the Customer and its End Customers (the Customer’s visitors, presumed orderers, and other users of the Service) insofar as it relates to the Customer’s use of the Service. The contractual relationship between the End Customer and WEIQ is governed separately by WEIQ’s terms of service. The terms of the Data Processing Agreement are available on WEIQ’s website.
3. By signing the Agreement, the Customer acknowledges its obligation to use the payment solution offered by WEIQ’s partner, Adyen, when using the Service. The Customer confirms that it has reviewed and accepts the following terms and restrictions:
   1. AfP Terms and conditions (click here to review)
   2. Adyen’s list of prohibited and improper products and services (click here to review)

2. Definitions

In the Agreement, the following capitalised terms shall have the meanings set out below:

Additional Service(s)

Separate individual functions or functional packages that the Customer may use in addition to the basic Service, typically subject to a separate fee per transaction or as set out in the Agreement.

Adyen

Adyen Nordic Bank Filial or Adyen N.V., the Payment Service Provider engaged by WEIQ for processing payments via the Service.

Agreement

The subscription agreement between WEIQ and the Customer, including these GTC, the Data Processing Agreement, any applicable order form, and any other documents expressly incorporated by reference.

Customer

The legal or natural person specified as the contracting party in the Agreement.

Customer Data

All data, content, information, images, and other materials that the Customer or its End Customers upload to, generate within, or otherwise make available through the Service.

Data Processing Agreement

The data processing agreement entered into between WEIQ (as data processor) and the Customer (as data controller) governing the processing of personal data on the Customer’s behalf in connection with the Service.

End Customer

A natural person, typically a visitor at the Customer’s location, who uses the User Application to access the Customer’s information, place orders, and make purchases from the Customer.

Payment Service Provider

A licensed provider of payment services engaged by WEIQ to process payments via the Service, including Adyen.

Service

The WEIQ software-as-a-service offering as described in Section 3, comprising the User Application, the WEIQ Terminal, and the Admin Interface, together with associated support and services provided by WEIQ.

Start Date

The date on which delivery of the Service begins, being the date on which WEIQ provides the Customer with login credentials or other instructions for accessing the Service, but no later than 14 days after the signing of the Agreement.

Subscription Fee

The recurring fee payable by the Customer for access to the Service, as set out in the Agreement or the applicable price list.

User Account

An account created by WEIQ and managed by the Customer for the Customer’s authorised users of the Service.

3. Description

Description of the Service

1. The Service comprises three components: the ”User Application”, the ”WEIQ Terminal”, and the ”Admin Interface”.

Description of the User Application

2. Upon signing the Agreement, the Customer’s designated location where the Service is used (such as a restaurant, bar, café, food truck, store, or other venue) (the ”Seller”) is added to the User Application. The User Application is primarily used for placing orders, viewing the menu, completing transactions, and accessing other relevant information. The User Application is accessible both as a mobile application and via the website weiq.app.

Description of the WEIQ Terminal

3. The WEIQ Terminal is a payment terminal through which the Customer’s staff can take orders, create and update tabs, process payments, issue refunds, and print receipts.
4. For the purposes of these GTC, a device running the WEIQ Tap2Pay application shall be deemed a WEIQ Terminal.

Description of the Admin Interface

5. The Admin Interface is a web application through which a designated administrator can manage the Services, including viewing sales data, adjusting prices and opening hours, and editing information displayed to End Customers. The Customer may also retrieve accounting documentation and other reports through the Admin Interface.

4. Communications

1. Messages and information about the Service shall be provided through the Service itself or by way of notifications in the Service’s interface. Such messages may also be sent as system messages via email or SMS, or published on WEIQ’s website.
2. A message is considered delivered when it has been published by WEIQ on the Service’s interface or on WEIQ’s website. Examples of messages include information about disruptions, new versions, other software-related information, support, or changes to these GTC. WEIQ may, at its discretion, also send messages via email, SMS, or post. In the case of email or SMS, the message is considered delivered when it is sent by WEIQ. In the case of post, the message is considered delivered three business days after the date of posting.
3. The message will take effect immediately, unless otherwise specified in the message or unless a different notice period is prescribed elsewhere in these GTC (including, for the avoidance of doubt, Section 5.6 regarding amendments to these GTC).
4. Messages from the Customer to WEIQ regarding the GTC should primarily be sent via email to the address specified on WEIQ’s website. The Customer can also reach WEIQ Monday to Friday, excluding holidays, from 08:00 to 17:00 at the phone number provided on WEIQ’s website www.weiq.tech.

5. Subscription

1. The Service is provided as ”Software as a Service”, 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 these GTC. All parts of the Service are regulated by these GTC, including parts that are added, purchased, or used at a later time.
2. The Customer is granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to use the Service in accordance with these GTC for the Customer’s internal business operations, subject to payment of fees according to the applicable price list or as agreed in the Agreement. Payment of fees as per the Agreement and compliance with these GTC are necessary prerequisites for the right to use the Service.
3. 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 WEIQ.
4. WEIQ reserves the right to provide the Service from another country, provided that any transfer of personal data outside the EU/EEA is carried out in accordance with applicable data protection laws and the Data Processing Agreement.
5. WEIQ 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. WEIQ disclaims responsibility for any issues arising from such actions. If such a change 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.
6. WEIQ reserves the right to change these GTC and other terms for the delivery of the Service with 60 days’ notice. If the Customer does not accept such changes, the Customer may terminate the subscription with effect from the date on which the changes would otherwise take effect, by giving WEIQ written notice of termination no later than 30 days before that date. Until such termination takes effect, the previous GTC remain applicable to the Customer. The Customer is entitled to a proportional refund of any pre-paid fees that could not be utilised by the Customer due to the termination.
7. WEIQ has the right to engage subcontractors to fulfil WEIQ’s obligations under the Agreement. WEIQ is responsible for the performance of the contractual obligations carried out by subcontractors as if they were performed by WEIQ itself.
8. In case of cancellation by the Customer after the Agreement has been signed but before the Start Date, WEIQ shall be entitled to invoice (a) any documented actual costs incurred in preparation for delivery of the Service, and (b) a cancellation fee equal to 100% of the first twelve months’ Subscription Fee, provided that the cancellation, or the circumstances preventing WEIQ from delivering the Service as planned, is attributable to the Customer.
9. The Customer has no right under any circumstances to transfer or assign, in whole or in part, any license for the Service or any rights or obligations under the Agreement 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 WEIQ.

6. Right of use

1. When the Customer has purchased a subscription to the Service and accepted these GTC, the Customer is granted the right to use the Service for the subscription period for as many WEIQ Terminals as the Customer has purchased a subscription for. The Customer may purchase the right to additional WEIQ Terminals to expand the Service or the right to use fully or partially integrated Additional Services according to the applicable price list or agreement. Fees for additional WEIQ Terminals accrue from the date on which the additional WEIQ Terminal is made available to the Customer.
2. Only the Customer with a paid and valid subscription and persons within the Customer’s organisation have the right to use the Service. User Accounts are created by WEIQ and managed by the Customer. WEIQ reserves the right to verify the number of utilised WEIQ Terminals.
3. The Customer must immediately inform WEIQ of any unauthorised access to login credentials. The Customer takes full responsibility for the accounts and credentials created for the Service, and any misuse of the Service is the responsibility of the Customer.
4. The Customer is aware that using the Service requires access to the necessary software, equipment, and communication services to utilise the Service. These requirements will be communicated by WEIQ upon request.
5. The Customer shall not transmit viruses, worms, or malicious code of any kind to the Service or through the use of the Service. The Customer shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, and shall not permit any third party to do so. The Service must not be used for any illegal or unauthorised purpose. Without limiting the Customer’s obligations under Section 8, the Customer shall comply with all applicable laws in the relevant jurisdiction(s) in connection with its use of the Service.

7. Service activation

1. WEIQ shall provide the Customer with the Service from the Start Date. The Start Date occurs when WEIQ 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.
2. Additional Services may become available at a separate time. This does not affect the Start Date.

8. Customer’s responsibilities

1. The Customer bears sole and full responsibility for all sales of goods and services made through the Service to End Customers or other third parties, and for all obligations, liabilities, and consequences arising from or in connection with such sales, including without limitation the delivery of goods and services as described to the End Customer, the timely fulfilment of orders, and the handling of all complaints, refunds, returns, and disputes. This responsibility applies irrespective of any allocation of payment processing responsibility set out in WEIQ’s terms of service applicable to End Customers.
2. The Customer shall ensure that the Service is used only for the sale of goods and services that the Customer is lawfully entitled to offer, including but not limited to food, beverages, tickets, and other merchandise. The Customer shall not offer any goods or services that appear on Adyen’s list of prohibited and improper products and services referred to in Section 1.3(ii). The Customer shall bear any fines, penalties, or other sanctions imposed in connection with any breach of this Section 8.2 and assume full legal responsibility in relation thereto.
3. The Customer shall ensure that all goods and services displayed through the Service are available and actually offered by the Customer at the time of display. The Customer shall promptly remove or update any listing that no longer reflects what the Customer is able to deliver, so as to prevent End Customers from placing orders for goods or services that are unavailable.
4. 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.
5. The Customer shall use the Service in accordance with any guidelines issued by WEIQ from time to time, communicated in accordance with Section 4.
6. The Customer bears sole responsibility for verifying the identity and legal eligibility of any End Customer collecting an order, including compliance with applicable alcohol legislation and age verification requirements. WEIQ may provide tools to assist the Customer in such verification. The provision of such tools does not transfer or reduce the Customer’s responsibility in any way. An order is automatically deemed delivered when it is placed. It is the Customer’s responsibility to close the Seller if it is no longer accepting orders.
7. In respect of tickets sold through the Service, the Customer shall be responsible for delivering the event or experience as described to the End Customer. The Customer shall at all times maintain sufficient funds in its settlement account to cover any refunds that may be required. Where the Customer’s account has insufficient funds to cover required ticket refunds, WEIQ shall be entitled to claim reimbursement of the full amount of such refunded tickets, together with an administrative fee of SEK 500 per affected ticket, subject to a maximum aggregate administrative fee of SEK 5,000 per event.
8. The Customer is solely responsible for all data imported into the Service, including but not limited to gift cards, balances, codes, and historical transactions, and shall ensure that all such data is accurate, complete, and compliant with applicable laws.
9. The Customer shall be solely responsible for the correct determination, collection, reporting, and remittance of all value-added tax and any other applicable taxes or public charges arising from the Customer’s sales of goods and services to End Customers through the Service, in accordance with applicable law.

9. WEIQ’s role and limitations

1. WEIQ provides the Service as a technical platform. All sales of goods and services made through the Service occur directly between the Customer and its End Customers. WEIQ is not a party to, and does not assume any responsibility or liability for, any such transaction.
2. WEIQ may review the Customer’s content to determine whether it is illegal or violates WEIQ’s policies. However, such review does not constitute an approval or endorsement of the content, and the Customer retains sole responsibility for all content it uploads to or makes available through the Service.
3. WEIQ reserves the right to immediately suspend the Customer’s access to the Service, in whole or in part, without prior notice if: (a) the Customer uses the Service in a manner that constitutes, or is reasonably suspected to constitute, fraudulent or illegal activity; (b) the Customer’s use of the Service poses an imminent risk of harm to WEIQ, WEIQ’s trademark or goodwill, End Customers, or third parties, including reputational harm; (c) the Customer materially abuses the Service or uses it in a manner inconsistent with its intended purpose; (d) suspension is required by law, regulation, or by order of a competent authority; or (e) the Customer fails to pay the Subscription Fee or any other fees due under the Agreement.
4. In the event of a suspension under Section 9.3, WEIQ shall promptly notify the Customer of the suspension. The suspension shall remain in effect until the underlying cause has been remedied to WEIQ’s reasonable satisfaction, or until WEIQ terminates the Agreement in accordance with Section 11.

10. Pricing and Billing

1. Unless otherwise specified in the Agreement, the fees and billing periods for the Service follow the prices that are made available by WEIQ at any given time.
2. Subscription Fees are billed three months in advance, unless otherwise specified in the Agreement.
3. Parts of the Service that, where applicable, have a fee per transaction are typically billed in arrears on a monthly basis.
4. WEIQ reserves the right to change the price of the Service for future periods. Information regarding price adjustments will be sent out at least three months before they take effect. If the Customer does not accept such price adjustments, the Customer may terminate the subscription with effect from the date on which the new prices would otherwise take effect, by giving WEIQ written notice of termination no later than 30 days before that date. Until such termination takes effect, the previous prices remain applicable to the Customer.
5. Unless otherwise specified in the Agreement, payment terms are 30 days net from the date of invoice. Ancillary fees, such as invoice fees, are charged in accordance with WEIQ’s applicable price list from time to time. All fees are exclusive of value-added tax, withholding tax, and any other applicable taxes or public charges.
6. Interest on overdue payments is the reference interest rate set by the Swedish National Bank (Sw. Sveriges Riksbank) plus eight percentage points in accordance with the Swedish Interest Act (1975:635).

11. Termination

1. The subscription is valid from the Start Date. Unless otherwise specified in the Agreement, the initial contract period is twelve months from the Start Date, after which the Agreement is automatically renewed for successive periods of three months each, unless either party terminates the Agreement in writing at least three months before the end of the then-current contract period.
2. WEIQ may terminate the Agreement with immediate effect if (a) the Customer is in default in the payment of fees and has failed to remedy such default within 15 days of receiving written notice from WEIQ, (b) the Customer is insolvent, has been declared bankrupt, or is for any other reason unable to fulfil its payment obligations, or (c) the Customer materially breaches the Agreement and, where such breach is capable of remedy, fails to remedy the breach within 30 days of receiving written notice from WEIQ.
3. Notwithstanding Section 11.1, WEIQ may terminate the Agreement for convenience at any time, without cause and at its sole discretion, by giving the Customer written notice. Such termination takes effect on the date specified by WEIQ in the notice. In the event of termination under this Section, the Customer is entitled to a proportional refund of any pre-paid fees for the part of the subscription period falling after the effective date of termination.
4. The Customer may decrease the number of WEIQ Terminals only after the initial contract period has expired. Any such decrease must be notified to WEIQ in writing no later than two months before the end of the then-current contract period and shall take effect at the start of the following contract period. The number of User Accounts and associated access rights shall be adjusted accordingly.
5. Upon termination of the subscription, the Customer’s access to the Service will be blocked after the last active subscription day.

12. Availability

1. WEIQ shall use commercially reasonable efforts to ensure the secure and reliable delivery of the Service to the Customer. The Service requires a working internet connection for use.
2. WEIQ and its subcontractors shall have the right to take actions that may affect the availability of the Service if WEIQ deems such actions necessary for technical, operational, or security-related reasons.
3. Planned service interruptions due to system maintenance shall be communicated to the Customer in advance. Information regarding planned downtime and maintenance will be communicated to the Customer through system messages via email, SMS, or the Admin Interface.
4. Unplanned service interruptions may occur. To the extent that such interruptions are within WEIQ’s reasonable control, WEIQ shall use reasonable efforts to resolve the issue without undue delay.

13. Security

1. WEIQ shall use commercially reasonable efforts to maintain adequate administrative, physical, and technical security measures in connection with the provision of the Service. WEIQ regularly performs backups to ensure that Customer Data is securely stored. In the event of a material error affecting the Service, the Customer may request the restoration of the most recent available backup. Restoration of Customer Data shall be provided at no additional cost where the underlying error is attributable to WEIQ; in all other cases, restoration shall be charged as consulting fees according to the applicable price list.
2. The Customer may export Customer Data at any time during the subscription period by means of the standard export functions made available within the Service, at no additional cost. For more extensive or customised data export requests, WEIQ may charge consulting fees according to the applicable price list.
3. Following the last active subscription day, WEIQ will retain Customer Data for a period of 18 months solely for the purposes of (a) enabling reactivation of the subscription should the Customer choose to resume the Service, (b) handling support cases relating to the prior subscription, and (c) responding to End Customer inquiries. After this 18-month period, WEIQ may permanently delete the Customer Data. The Customer remains responsible for ensuring that all Customer Data it wishes to retain has been exported before the end of the 18-month retention period.

14. Support

1. The subscription ensures that the Customer has access to the latest versions of the Service and also entitles the Customer to receive support.
2. Unless otherwise agreed, WEIQ provides support via the internet, email, and phone during business hours, Monday to Friday from 08:00 to 17:00, excluding holidays. WEIQ reserves the right to close support on the day before a public holiday, in which case this will be communicated through system messages via email, SMS, or the Admin Interface. Email queries are normally answered by the following business day. Phone queries are prioritised based on their arrival time. Contact details for support are available at www.weiq.tech.
3. WEIQ’s support obligations do not extend to: (a) providing instructions or training where the relevant information is available in the Service’s help texts, workflows, or other documentation; (b) making customer-specific adjustments to the Service; (c) rectifying errors caused by the Customer or any third party, including errors resulting from improper handling, third-party products or services connected to the Service, malicious code, or deficiencies in the Customer’s own technical equipment; or (d) rectifying errors in networks, operating systems, or other third-party software.
4. WEIQ reserves the right, in its sole discretion, to decline support requests that fall outside the scope of what is reasonably covered by the applicable Subscription Fee.

15. Intellectual Property Rights

1. WEIQ — or its licensors — is the sole owner of all intellectual property rights related to the Service (”IPR”). 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, 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.
2. WEIQ does not claim any intellectual property rights or ownership of any kind to Customer Data that is transferred to the Service.
3. The Service may be integrated with third-party applications, websites, and services (”Third-Party Applications”), to make content, products, and/or services available. 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. WEIQ does not endorse or assume responsibility for the behaviour, features, or content of any Third-Party Application or for any transaction the Customer may enter into with the provider of such Third-Party Applications. Likewise, links to websites not owned or controlled by WEIQ that may appear in the Service or related documentation are provided for convenience only, and WEIQ assumes no responsibility for such websites or their content.
4. The Customer grants WEIQ a limited, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify (solely for technical purposes such as formatting and display), and communicate to End Customers the content, data, images, and information that the Customer uploads to or makes available through the Service, solely for the purpose of providing the Service to the Customer and its End Customers in accordance with the Agreement. This license terminates upon termination of the Agreement, subject to the data retention provisions in Section 13.
5. If the Customer infringes on WEIQ’s IPR, the Customer shall pay a contractual penalty corresponding to the Subscription Fee for five years calculated on the basis of the Subscription Fee applicable at the time of the breach. The contractual penalty shall not constitute the sole or exclusive remedy for such breach and shall not limit WEIQ’s right to claim damages for actual losses to the extent such losses exceed the contractual penalty amount. WEIQ is accordingly entitled to seek any remedies available under Swedish law for the protection of IPR. 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.

16. Third-Party Claims

1. Where a third party makes a claim or initiates a lawsuit against WEIQ alleging that Customer Data or the Customer’s use of the Service infringes or violates the third party’s patent, copyright, or other intellectual property rights, or violates applicable laws, the Customer shall defend WEIQ against such claim. WEIQ shall promptly notify the Customer of any such claim. The Customer shall indemnify WEIQ for all damages, costs, and reasonable attorney’s fees finally awarded against WEIQ or agreed in a settlement approved by the Customer, provided that (a) WEIQ cooperates with the Customer at the Customer’s expense, (b) the Customer is given sole control of the defence and any settlement, and (c) the settlement fully releases WEIQ from all liability in connection with the claim.
2. Where a third party makes a claim or initiates a lawsuit against the Customer alleging that the Service, as provided by WEIQ and used by the Customer in accordance with the Agreement, infringes the third party’s patent, copyright, trademark, or trade secret rights under Swedish law, WEIQ shall defend the Customer against such claim. The Customer shall immediately notify WEIQ of any such claim and grant WEIQ sole control of the defence and any settlement, provided that any settlement shall not impose any obligation on the Customer without the Customer’s prior written consent (such consent not to be unreasonably withheld). WEIQ shall indemnify the Customer for all damages, costs, and reasonable attorney’s fees finally awarded against the Customer or agreed in a settlement approved by WEIQ. If the Service becomes, or in WEIQ’s reasonable opinion is likely to become, the subject of an infringement claim, WEIQ may, at its option, (a) procure the right for the Customer to continue using the Service, (b) modify the Service so as to make it non-infringing while preserving substantially equivalent functionality, or (c) terminate the affected portion of the Service and refund any pre-paid fees corresponding to the unused period. This Section 16.2 states WEIQ’s entire liability and the Customer’s sole and exclusive remedy with respect to any third-party intellectual property claims relating to the Service.

17. Confidentiality

1. Each party undertakes not to disclose to third parties any Confidential Information it receives from the other party and to use such Confidential Information only for the fulfilment of the Agreement, except as required by law, regulation, or court order, provided that the disclosing party gives the other party prompt notice of such requirement to allow the other party to seek a protective order or other appropriate remedy.
2. For the purposes of these GTC, ”Confidential Information” means business secret information including, but not limited to, trade secrets, know-how and software code in whatever form provided by any party under the Agreement, except for (i) information that is in the public domain or becomes public knowledge other than through a breach of the Agreement, (ii) information that the receiving party can demonstrate that it knew before receiving it from the other party, and (iii) information that the receiving party received from a third party without being bound by confidentiality in relation to that third party.
3. Each party undertakes to ensure that its employees, consultants, directors and other officers are aware of and undertake to comply with the confidentiality undertaking in this Section 17.
4. The confidentiality obligation of each party under the Agreement applies during the term of the Agreement and for a period of five years after the Agreement has terminated.

18. Warranty and warranty limitation

1. WEIQ warrants that the Service will function substantially as described. WEIQ does not warrant that the Service meets the Customer’s specific requirements or purposes, that it functions correctly with the Customer’s chosen equipment, systems, or settings, or that it will be uninterrupted or error-free. WEIQ further does not warrant that the Service will function correctly where the Customer’s browsers, PDF readers, antivirus programs, firewalls, or other third-party programs used to access the Service are not properly configured to allow traffic to the Service. The Service is provided on an ”as is” basis, and WEIQ disclaims any express or implied warranty regarding suitability for a particular purpose or system integration capacity.
2. If the Service does not function in accordance with the above limited warranty, WEIQ will correct any identified errors or deficiencies in the Service at its own expense. WEIQ will address reported errors that significantly impact the functionality of the Service as soon as reasonably possible. WEIQ will address errors that do not significantly impact the Customer’s use of the Service at the earliest during the next official release of the Service.

19. Limitation of Liability

1. WEIQ is not responsible for the content or ownership of Customer Data, nor for any instructions or actions performed by the Customer through the Service, including the User Application, the WEIQ Terminal, any device running WEIQ Tap2Pay, and the Admin Interface.
2. WEIQ shall not be liable for indirect losses or consequential damages, including but not limited to 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. WEIQ’s liability under the Agreement is limited to direct damages. Nothing in this Section 19 shall limit or exclude any liability that cannot be limited or excluded under applicable mandatory law.
3. WEIQ’s total liability under the Agreement during each contract period shall not exceed an amount corresponding to two months of Subscription Fees for the Service during the same period.
4. Without limiting the foregoing, WEIQ is not liable for any costs incurred by the Customer arising from (a) service interruptions, whether planned or unplanned, (b) security incidents or breaches affecting the Service, (c) errors or interruptions in the internet, networks, operating systems, or other third-party software or services used to access or interact with the Service, or (d) unauthorised access to or alteration of Customer Data or transmissions by third parties.
5. Neither party shall be liable for delays or interruptions caused by a force majeure event, including earthquakes, riots, labour disputes, pandemics, war, cyberattacks, or other events outside the affected party’s reasonable control. Where laws, regulations, or directives are amended or become applicable after the Service has been made available and prevent WEIQ from performing its obligations under the Agreement or require the Service to be suspended, such event shall be considered a force majeure event. In such cases, the Customer shall be refunded for any Subscription Fees paid in advance for the affected Service from the month following the suspension and shall have no further claims against WEIQ.
6. Without prejudice to the Customer’s responsibilities under Section 8.8, WEIQ shall not be liable for any loss, damage, or discrepancy arising from data imported, migrated, or otherwise introduced into the Service from any third-party system or external source, including but not limited to gift cards, balances, codes, or transaction history. Without limitation, WEIQ shall have no liability for invalid or duplicate gift card codes, incorrect balances, failed, partial, or duplicate redemptions, fraud or unauthorised use, or reconciliation or accounting discrepancies. This Section 19.6 applies exclusively to issues arising from the inherent properties, accuracy, or completeness of the imported data itself, and does not exclude WEIQ’s liability for errors caused by defects in the Service’s processing, storage, or handling of imported data attributable to WEIQ’s gross negligence or wilful misconduct.

20. Specific terms for WEIQ Terminal

1. The WEIQ Terminal is at all times the property of WEIQ. The Customer is granted a non-exclusive, non-transferable right to use the WEIQ Terminal solely for the purposes contemplated by the Agreement and only during the subscription period. The Customer acquires no ownership rights to the WEIQ Terminal.
2. WEIQ provides the WEIQ Terminal as technical equipment only. WEIQ shall not be responsible for ensuring the Customer’s compliance with any laws, regulations, or rules applicable to POS systems, cash registers, payment terminals, or similar equipment, including, without limitation, any requirement in the Customer’s jurisdiction to register such systems with the relevant tax authority.
3. The Customer is responsible for returning WEIQ Terminals to WEIQ within one month (a) where the WEIQ Terminal is dysfunctional or unusable, or (b) upon expiry or termination of the Agreement. For WEIQ Terminals not returned within one month after the Agreement has ended, WEIQ reserves the right to invoice the Customer the cost of the WEIQ Terminal in accordance with the current price list. The Customer shall exercise due care in its use of the WEIQ Terminal. Upon return of the WEIQ Terminal, the Customer shall compensate WEIQ for any damage exceeding ordinary wear and tear, as assessed by WEIQ in its reasonable discretion. The amount of such compensation shall be determined by WEIQ on the basis of the cost of repair or replacement, as applicable.
4. In respect of the WEIQ Terminal and any device running WEIQ Tap2Pay, the Customer shall regularly:
   1. check that the WEIQ Terminal is free from physical damage;
   2. verify that no seals or screws are missing, that there are no holes in the unit, and that no unauthorised cables or labels have been attached;
   3. inspect the WEIQ Terminal and its immediate surroundings for any unauthorised devices, including hidden cameras or skimming equipment; and
   4. ensure that the Customer’s staff and any surveillance cameras are unable to observe End Customers’ PIN codes when entered on the WEIQ Terminal.
5. The Customer shall:
   1. verify the identity of any third party claiming to be repair or maintenance personnel before granting access to modify or troubleshoot the WEIQ Terminal;
   2. remain aware of suspicious behaviour around the WEIQ Terminal, including unknown individuals attempting to disconnect or open the unit;
   3. report any suspicious behaviour to WEIQ; and
   4. report immediately to WEIQ if a WEIQ Terminal is lost or stolen, file a police report where theft is suspected, and follow the reporting procedure made available by WEIQ from time to time, accessible at www.weiq.tech or via support@weiq.tech.
6. The Customer may, at its own cost, enter into a separate service or maintenance agreement directly with the manufacturer or supplier of the WEIQ Terminal. WEIQ is not a party to any such agreement and assumes no obligations or liability under it. WEIQ gives no warranties of any kind regarding services provided under such an agreement, and is not liable for any acts or omissions of such third-party service provider.

21. Costs related to Payment Service Provider

1. WEIQ 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, or acquiring banks), 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 WEIQ reserves the right to pass on or directly charge such costs to the Customer. WEIQ shall provide the Customer with reasonable supporting documentation for any such pass-through charges upon request.
2. The Customer shall indemnify and hold WEIQ harmless from any losses, costs, fees (including legal fees), or fines incurred by WEIQ as a result of (a) chargebacks, disputes, or fines imposed by the Payment Service Provider, acquirer, or issuing bank in connection with the Customer’s transactions, or (b) the Customer’s breach of the terms of its agreement with the Payment Service Provider.

22. Miscellaneous

1. The Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, undertakings, and representations, whether oral or written, relating to its subject matter. The Customer has not relied, and is not entitled to rely, on any statement, representation, or warranty other than those expressly set out in the Agreement.
2. If any provision of the Agreement is found to be invalid or unenforceable, in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall, to the extent possible, be replaced by a valid and enforceable provision that achieves the original purpose of the invalid provision.
3. A party’s failure to exercise any right under the Agreement shall not constitute a waiver of that right.

23. Governing Law and Jurisdiction

1. The Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of laws principles. The parties shall first attempt to resolve any dispute arising out of or in connection with the Agreement through good-faith negotiations. If the dispute cannot be resolved through negotiation within 30 days from one party’s written notice to the other party requesting such negotiation, the dispute shall be finally settled by the Swedish general courts, with Malmö District Court (Sw. Malmö tingsrätt) as the court of first instance.

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