Algemene voorwaarden

1. Who we are and when these Terms apply

These Terms of Service ("Terms") govern the use of Verimly, a point-of-sale and back-office service for hospitality businesses. Verimly is provided by Verimly, trading as Verimly, registered with the Dutch Chamber of Commerce (KvK) under number 42197957, VAT ID NL005575760B19, with its registered address at Newtonplein 20 A, 2562 JT 's-Gravenhage, The Netherlands ("Verimly", "we", "us").

Verimly is offered only to businesses acting in the course of their trade or profession (the "Customer"). It is not offered to consumers. Guests of the Customer who use QR ordering, online ordering or reservations, and people who use the Knownbee app, are not parties to these Terms. The Knownbee app has its own Terms of Use.

The agreement is formed when the Customer creates an account and accepts these Terms. The person who creates the account confirms that they are authorised to bind the Customer. The Customer’s own general terms and conditions do not apply and are expressly rejected.

The agreement consists of: (a) any order form or written offer signed by both parties; (b) these Terms; (c) the Data Processing Agreement; (d) the Acceptable Use Policy; and (e) the plan description on our pricing page at the time of ordering. If they conflict, they apply in that order, except that the Data Processing Agreement prevails on anything about the processing of personal data.

2. Definitions

"Service": the Verimly back office, the Verimly POS app (including its preparation station screen and customer display modes), the staff portal, the guest-facing pages (QR ordering, online ordering, reservations), business websites and related APIs, as made available by us from time to time.
"Plan": the subscription tier (currently Starter, Pro or Business) that determines the included modules, the number of POS terminals and preparation station screens per location, and the platform fee on card payments.
"Location": a physical venue of the Customer that is set up as a location in Verimly and is active.
"Customer Data": all data the Customer, its users, staff or guests enter into or generate through the Service, including personal data about staff and guests.
"Users": the people the Customer gives access to the Service, including back-office users and staff who sign in to the POS with a PIN or to the staff portal.
"Payment Services": card and online payment acceptance provided by Stripe under the Customer’s own Stripe account.

3. The Service

The Service includes a core point-of-sale system (orders, payments, cash sessions and cash counts, menu, stock, staff, roles and permissions, devices, receipts, reports and audit log) and optional modules, such as reservations, QR ordering, online ordering, loyalty and the Knownbee app, gift cards, time clock, labour planning, tip pooling and business websites. Which modules can be enabled, and how many POS terminals and preparation station screens may be used per Location, depends on the Plan. The number of Locations and staff accounts is not limited.

The Service requires a working internet connection. The POS does not support offline selling: when a device cannot reach our servers, new sales cannot be recorded until the connection is restored. The Customer is responsible for a suitable internet connection and for a fallback procedure at its venues.

We may improve, change or replace features. We will not materially reduce the core functionality of a paid Plan during a paid billing period. If a change is materially to the Customer’s detriment, we will give at least 30 days’ notice, and the Customer may terminate before the change takes effect and receive a pro rata refund of any prepaid fees for the remaining period.

Features described as "beta", "preview" or similar are provided as they are, may change or be withdrawn, and are excluded from any commitment in these Terms.

4. Accounts, users and devices

The Customer is responsible for all activity under its account, including the actions of its Users and of anyone using a paired device or a staff PIN.
Back-office passwords, staff PINs, device pairing codes, staff portal codes and calendar feed links must be kept confidential. We recommend enabling two-factor authentication for every back-office user. The Customer must notify us without delay of any suspected unauthorised access.
The Customer decides which roles, permissions, approval limits and devices its Users have. Permissions and audit records in the Service help to control and trace actions, but do not replace the Customer’s own internal controls.
Devices are paired to a Location with a single-use code. The Customer must remove devices that are lost, sold or no longer used.

5. Trial

New Customers may use the Service free of charge for a trial period of 3 days on the Plan they choose. Nothing is charged during the trial.

If the Customer adds a payment method during sign-up, the subscription continues on the chosen Plan when the trial ends and is charged from that moment, unless the Customer cancels before the trial ends. If no payment method is added, the trial ends automatically and the restrictions in section 8 apply until the Customer subscribes.

Promotional offers (for example a Founding Partner price or a promotion code) apply only under the conditions stated in the offer, are personal to the Customer, cannot be exchanged for cash and cannot be combined unless the offer says so. If no end date is stated, a promotional price ends when the period stated in the offer ends, after which the then-current list price applies.

6. Fees, billing and taxes

Subscription fees are charged per active Location, in euro and excluding VAT, at the price for the Plan and billing interval (monthly or yearly) that the Customer chooses. Fees are billed in advance through Stripe.
Adding or removing Locations, and changing Plan or billing interval, takes effect immediately. The difference is calculated pro rata for the remainder of the billing period and invoiced, or credited against future invoices, straight away.
For card and online payments that the Customer accepts through the Service, we charge a platform fee per transaction as a percentage of the transaction amount, as stated for the Customer’s Plan on our pricing page. The platform fee is deducted from the payment by Stripe. If a payment is refunded, the platform fee for the refunded amount is returned as well. Stripe’s own processing fees are separate and are charged by Stripe.
VAT is charged where applicable. For business customers in another EU member state with a valid VAT ID, VAT is reverse-charged. The Customer is responsible for providing correct billing details and a valid VAT ID.
Invoices are made available in the back office and by email. Payment is due on the invoice date and is collected from the payment method on file.
Prices may change with at least 60 days’ notice by email, effective from the Customer’s next billing period after the notice period. If the Customer does not agree, it may cancel its subscription before the change takes effect.
Except where these Terms or mandatory law say otherwise, fees already paid are not refundable, including when the Customer cancels during a billing period, removes a Location or downgrades.

7. Late payment

If a payment fails, we will notify the Customer and Stripe will retry the payment. During this time the Service keeps working. If the amount is still unpaid after the retries, the subscription ends as described in section 8.

Amounts that are not paid when due bear the statutory commercial interest under article 6:119a of the Dutch Civil Code. If we have to hand a claim over for collection, reasonable extrajudicial collection costs are payable in line with the Dutch statutory scale.

8. What happens when a subscription is not active

Access to the Service is limited to the period of the trial or of an active subscription.

When a trial ends without a subscription, or a subscription ends because it was cancelled or remains unpaid, the back office becomes read-only and the POS keeps working normally for 7 days, so that service at the venue is not cut off abruptly. After those 7 days, access ends: the back office no longer shows the Customer’s data and only allows signing in, billing and reactivating the subscription; the POS only allows signing in, closing cash sessions and cancelling pending card payments; and online ordering, QR ordering and reservations stop taking guests.

Reactivating a subscription restores full access, with the data as it was. Data is retained and deleted as described in section 17.

9. Payment Services through Stripe

Card readers, contactless payments and online and QR payments are provided by Stripe. To accept payments through the Service, the Customer opens its own Stripe account through the Service and accepts the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (stripe.com/legal/connect-account). Payments are made directly to the Customer’s Stripe account. Stripe is responsible for the Payment Services, including identity verification, payouts, refunds, chargebacks and disputes, under that agreement.

The Customer authorises us to create and manage its Stripe account on its behalf to the extent needed for the Service, to receive information about its account and transactions from Stripe, and to have our platform fee deducted from each payment.

We are not a bank, payment institution or electronic money institution, we do not hold the Customer’s funds and we are not a party to the payment between the Customer and its guests. Chargebacks, fraud losses and refunds are handled between the Customer and Stripe.

Card readers are bought from Stripe or another seller and are covered by that seller’s terms and warranty. Printers, cash drawers and other hardware are not supplied by us; we only provide software support for the models we list as compatible.

10. The Customer’s legal obligations

The Customer is responsible for using the Service in compliance with the laws that apply to its business. In particular:

Tax, bookkeeping and fiscal rules. Several countries require certified or registered cash register systems, fiscal signing devices or real-time reporting to the tax authority (for example Germany, Austria, France, Belgium, Italy, Spain and Portugal). Unless we have expressly confirmed in writing that the Service is certified for a specific country, the Service is not a certified fiscal cash register system, and the Customer must ensure, before selling with the Service in that country, that it meets local requirements, if necessary with an additional certified solution.
Record keeping. The Customer must keep its own books and records for the period the law requires (in the Netherlands, generally seven years). The Service offers exports for this purpose, but it is not an archiving service and access to data ends as described in section 17.
Prices and receipts. The Customer is responsible for the prices, VAT rates, allergen and product information, receipt contents and consumer information it publishes through the Service.
Employment. Time registration, labour planning, staff scoring and tip distribution are tools. The Customer decides how they are used and is responsible for compliance with employment, working time, minimum wage, tax and tip distribution rules, and for informing and, where required, obtaining the consent of a works council or staff representatives before introducing them.
Guests and marketing. The Customer is responsible for informing its guests about how it uses their data, for the lawfulness of any marketing it sends, and for honouring guests’ requests.
Gift cards, loyalty programmes and reservations. The Customer is the issuer of its gift cards and the organiser of its loyalty programme and reservation policy. It owes the value of its gift cards and the rewards it promises, sets their rules and expiry, and is responsible for consumer law compliance. We are not a party to those arrangements. Template terms are available in our Templates for venues.
Business websites. The Customer is responsible for the content of its website, including texts, images, menu information and legal notices, and for having the rights to publish them.

11. Acceptable use

The Customer must comply, and ensure its Users comply, with our Acceptable Use Policy. In short: no attempts to breach or test the security of the Service without permission, no unlawful or infringing content, no use for unlawful products or activities, no reselling or sublicensing without our written consent, no scraping or automated access other than through documented interfaces, and no use that harms the Service or other customers.

12. Customer Data and personal data

The Customer retains all rights to Customer Data. The Customer grants us the right to host, process, transmit and display Customer Data to the extent necessary to provide, secure and support the Service and to comply with law.

For personal data in Customer Data, the Customer is the controller and we are the processor. Our Data Processing Agreement forms part of these Terms and applies automatically.

We may create aggregated and anonymised statistics from the use of the Service (for example the total number of orders processed) to operate, secure and improve the Service. Such statistics do not identify the Customer, its Users or its guests.

For guests who join the Customer’s loyalty programme through the Knownbee app, the guest has their own Knownbee account with us, for which we are the controller. The Customer only sees the data of its own loyalty card for that guest. This is explained in the Knownbee Privacy Notice.

13. Availability, maintenance and support

We make commercially reasonable efforts to keep the Service available 24 hours a day, 7 days a week. We do not guarantee uninterrupted or error-free operation, and no service level or service credits apply unless agreed in a signed order form.
We try to carry out planned maintenance outside peak hospitality hours and to announce maintenance that may cause noticeable downtime in advance.
Support is provided by email at hello@verimly.com on Dutch business days. We aim to respond quickly, with priority for issues that stop the Customer from selling, but we do not commit to response or resolution times unless agreed in writing.
We keep backups of the Service’s databases to restore the Service after an incident. Backups are not a way for the Customer to restore data it has deleted itself.

14. Intellectual property

All intellectual property rights in the Service, the software, apps, designs, documentation and our trademarks belong to us or our licensors. During the agreement the Customer receives a non-exclusive, non-transferable right to use the Service for its own business operations. The Customer may not copy, modify, reverse engineer or decompile the Service except where mandatory law allows.

If the Customer sends us suggestions or feedback, we may use them freely without obligation.

15. Confidentiality

Each party keeps confidential the non-public information it receives from the other party that is marked as confidential or that should reasonably be understood to be confidential, and uses it only for the agreement. This does not apply to information that is public, was already known, was obtained lawfully from a third party, or must be disclosed by law or court order.

16. Suspension

We may suspend access to all or part of the Service, where possible after notice and limited to what is necessary, if: (a) the Customer seriously breaches these Terms or the Acceptable Use Policy; (b) the Customer’s use poses a security risk or may harm the Service, us or third parties; or (c) suspension is required by law or by an order of a competent authority. We will restore access as soon as the reason has been removed.

17. Term, termination and data after termination

The subscription runs for the chosen billing interval and renews automatically for the same interval unless cancelled.
The Customer can cancel at any time in the back office. Cancellation takes effect at the end of the current billing period; until then the Service remains available.
Either party may terminate the agreement with immediate effect by written notice if the other party materially breaches it and does not remedy the breach within 30 days of a written notice, or if the other party is declared bankrupt, applies for suspension of payments or ceases its business.
Access to the Service, including to Customer Data, is limited to the subscription period and ends as described in section 8. We keep Customer Data for 90 days after the subscription has ended, so that the Customer can reactivate it and continue where it left off. During this period the Customer may ask us in writing for an export of its Customer Data in a common machine-readable format (CSV or JSON).
After those 90 days, or earlier at the Customer’s written request, we delete Customer Data from our production systems within a further 30 days. Copies in backups are overwritten in the normal backup rotation, at the latest 35 days later. We keep data longer only where the law requires it, for example our own invoices and billing records.
Sections that by their nature should survive termination, including sections 6 (for amounts due), 12, 15, 18, 19, 20 and 22, and section 23 for confirmed changes, survive.

18. Warranties

We will provide the Service with reasonable care and skill. Apart from what is expressly stated in these Terms, the Service is provided "as is" and we give no other warranties, express or implied, including about fitness for a particular purpose or the results the Customer will achieve. Reports, forecasts, labour planning suggestions, stock calculations and tip calculations are aids; the Customer remains responsible for checking them and for the decisions it takes.

19. Liability

Our total liability arising out of or in connection with the agreement, whether in contract, tort or otherwise, is limited per calendar year to the subscription fees (excluding VAT and excluding platform fees) the Customer paid us in the 12 months before the event giving rise to the claim, with a maximum of €50,000.
We are not liable for indirect or consequential damage, including lost profit, lost revenue, lost savings, damage due to business interruption, reputational damage, fines, and loss or corruption of data except to the extent restorable from our backups.
We are not liable for the Payment Services, card readers or other hardware, internet connections, app stores, or other third-party services we do not control, or for damage caused by the Customer’s failure to comply with section 10.
These limitations do not apply to damage caused by our intent or deliberate recklessness (opzet of bewuste roekeloosheid) or that of our management, or to the extent mandatory law does not allow them.
A claim for damages lapses unless the Customer reports it to us in writing within 12 months after it discovered, or reasonably could have discovered, the damage.

20. Indemnity

The Customer indemnifies us against claims by third parties (including its guests, staff and authorities) arising from Customer Data, the content of its business website, its use of the Service in breach of the agreement or the law, or its own products and services, except to the extent the claim results from our breach of the agreement.

21. Force majeure

Neither party is liable for failure to perform caused by circumstances beyond its reasonable control, including failures of hosting, telecommunications or payment providers, power outages, large-scale cyber attacks, pandemics, government measures and natural disasters. If force majeure lasts longer than 60 days, either party may terminate the agreement in writing, and prepaid fees for the period not provided are refunded pro rata.

22. Changes to these Terms

We may change these Terms. We will notify the Customer by email or in the back office at least 30 days before a material change takes effect. If the Customer does not agree to a change that is to its detriment, it may terminate the agreement before the change takes effect and receives a pro rata refund of prepaid fees for the remaining period. Changes required by law or by our payment partner may take effect sooner if necessary.

23. AI features and agent access

The Service includes an AI assistant in the back office and an interface (MCP) through which the Customer can connect AI agents of its choice, using OAuth sign-in or agent keys ("AI Features"). They are included in every Plan, subject to the monthly usage quotas shown in the Plan description. They are optional: the owner can switch off the assistant and agent access for the organisation.
Outputs may be wrong. AI Features generate text and proposals with language models, which can produce incorrect, incomplete or outdated answers. The Customer and its Users must check outputs before relying on them. Section 18 applies to AI Features: they are aids, not advice, and we give no warranty about the accuracy of outputs.
The Customer confirms every change. The assistant and agents only prepare changes; nothing is changed until a User with the necessary permissions reviews and confirms it in the Service. The Customer is responsible for every change it confirms, including changes that an agent proposed on the basis of the Customer’s own instructions or settings.
No money movements. AI Features never make refunds, voids, cancellations of paid orders, payouts or other payments. They can explain how to do these in the Service and point to the right screen; a User does them there.
Same permissions. The assistant and an agent act with the permissions of the User on whose behalf they are used, limited further by the scope the User granted. Whoever authorises an agent shares that User’s access with it, so the Customer should connect only agents and clients it trusts and should start with read-only access.
Agents and keys. The Customer is responsible for the AI agents, clients and tools it authorises, for what they do with Customer Data, and for what their providers do with data they receive; our terms do not govern those providers. The Customer must keep agent keys and access tokens confidential, store them securely, and revoke any that are lost, exposed or no longer needed, which it can do at any time in the back office. Activity by a connected agent counts as activity by the User who authorised it.
Blocking and suspension. We may limit, block or revoke a client, key or token, or suspend AI Features, if needed to protect the Service, other customers or personal data, if the Customer or a client breaches this section or the Acceptable Use Policy, or if a provider of the underlying technology withdraws or changes its service. We inform the Customer where possible. We may change the language models or providers we use as long as we meet our data protection commitments.
Quotas and fair use. Usage of AI Features is limited per Plan and per active Location, pooled across the Customer’s organisation, as set out in the Plan description, with rate limits per token. When a quota is used up, AI Features stop for the rest of the period or until the Customer moves to a Plan with a larger quota; the rest of the Service is not affected. We may restrict use that is clearly abusive or that is designed to circumvent quotas, for example through automated or resold access.
Intended use. AI Features support running a hospitality or retail business: looking up sales and operations, preparing menu, stock or settings changes, and finding help. They are not designed or approved for decisions that significantly affect people, such as hiring, firing, disciplining, scoring, promoting or paying staff, or for credit or similar decisions about guests. The Customer must not use the Service for such decisions, and remains responsible under employment law, including any rights of its works council, for how it uses reports and data.
Data. Section 12 and the Data Processing Agreement apply to Customer Data used by AI Features. The AI providers are listed on the Subprocessors page. Conversations are kept for 90 days and tool-call records for 1 year, as described in the Privacy Policy and the AI transparency notice. We do not use Customer Data to train AI models.
The Customer must tell its Users, where required, that AI Features are in use. In the Service the Users are told when they interact with AI.

24. General

Notices to the Customer may be sent to the account owner’s or billing email address or shown in the back office. Notices to us must be sent to hello@verimly.com.
The Customer may not transfer the agreement without our prior written consent. We may transfer the agreement to a company that takes over all or part of our business, provided the Customer is notified.
If any provision is invalid, the other provisions remain in force, and the invalid provision is replaced by a valid one that comes closest to its purpose.
These Terms are drawn up in English. Translations are for convenience only; if there is a difference, the English version prevails.
The agreement is governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Disputes are submitted exclusively to the Rechtbank Den Haag, unless mandatory law provides otherwise.