Platform Terms of Service

1. Who this is between

These terms form an agreement between KEK I.T. Solutions, a sole proprietorship registered with the Philippine Department of Trade and Industry, of Mohon, Talisay City, Cebu, trading as NOY ("NOY", "we", "us"), and the business that uses the NOY platform ("you", "the Business").

You accept these terms when you redeem an owner invitation, sign in to the NOY back office, or use any part of the platform to take an order. If you are accepting on behalf of a company or a registered business, you confirm you are authorised to do so.

2. What NOY provides

NOY is software licensed to you as a service. Depending on your plan it may include:

• A customer ordering page under your own brand, reachable at a NOY subdomain.
• A point-of-sale counter screen, a kitchen screen and a self-order or kiosk screen.
• An order queue, order numbering, receipts and void handling.
• A back office for your menu, prices, opening hours, payment destinations and staff roster.
• On the premium plan, reporting, exports, expenses, tasks and multiple locations.

We may add, change or withdraw features. If we withdraw a feature you are actively relying on, we will give you at least 30 days' notice and, where practical, a replacement or an export.

3. Your account and your devices

• You are responsible for your own sign-in. Keep your password private. Tell us promptly if you think someone else has it.
• Your devices are paired with codes. A pairing code gives a device the ability to take orders and see your queue. Treat a pairing code like a key to the till: do not post it publicly, do not share it outside your staff, and issue a new one rather than reusing an old one.
• Anything done on a paired device is treated as done by your business. If a device is lost, stolen or leaves your business, tell us at once so it can be removed.
• Counter PINs and staff void PINs are your internal controls, not security boundaries. They are documented as such, and anybody holding an unlocked paired device can operate the till.
• You are responsible for what your staff do on devices you have paired.

4. Fees

Pricing is custom, and is based on your setup. Shops differ in what they need - how they take orders, how many people and devices are on it, whether they want hardware, and how much setup help they want from us - so NOY does not publish a rate card.

You get your figures in writing before anything starts, and nothing is charged before you have agreed them. Your fees, and when each one falls due, are set out in the order form, deal sheet or launch offer we agree with you. Once you are trading, the rates that apply to you, your billing period and the orders counted in it are shown in your back office, which is the record we bill from. All fees are in Philippine pesos.

What counts as a billable order. Where your agreement includes a per-order fee, a billable order is a verified, non-voided order placed through a customer ordering channel: online, or on-site self-order by QR code or kiosk. The following are not billed:

• Walk-in sales entered by a cashier at the counter.
• Orders that were voided.
• Orders whose payment was never verified.

Nothing is deducted from your takings. NOY's fees are invoiced to you. Your customers' money goes directly to you and we never take a percentage of it.

Your written terms govern your fees. Where we have agreed fees with you in writing - a signed order form, deal sheet or launch offer - those are your fees, for as long as they are in force. Everything else in this agreement continues to apply. If the two ever disagree on anything other than fees, this agreement wins.

5. Billing, taxes and late payment

• Subscription fees are payable in advance and per-order fees in arrears, on the billing cycle set out in your order form.
• Fees are exclusive of taxes. You are responsible for any value added tax, percentage tax or withholding required by Philippine law on your side of the transaction. Where withholding tax applies, you must provide the corresponding certificate.
• Refunds. Subscription fees already paid are non-refundable, except where we have materially failed to provide the service and have not put it right within a reasonable time after you told us. Setup fees are non-refundable once the setup work has been done. Nothing here removes any right you have under Philippine law.
• Late payment. If an invoice is more than 15 days overdue we will contact you. If it reaches 30 days overdue we may suspend premium back-office features after giving you at least 7 days' written warning. We will not suspend your ability to trade for non-payment. See section 6.
• Price changes. We may change our fees on 30 days' written notice. If you do not accept a change, you may terminate before it takes effect and you will not be charged the new rate.

6. Plans, launch periods and what never stops

NOY is a paid product with a launch period. A launch period is switched on by us, runs for a set period, needs no card, and nothing renews automatically when it ends.

This was called a “free trial” until 22 September 2026, and only the name changed. If you were offered a free trial, that offer is your launch period and its length is unchanged. The old name is kept here so that an offer letter or an email using it still plainly matches these terms.

If you were offered an open-ended free plan before 2 September 2026, you keep it. We do not withdraw something you already accepted.

• Trials run for a set period per store, switched on by NOY, and the length is the one written in your own offer or order form. A trial ends by itself. No card is required and nothing renews automatically at the end of a trial.
• Premium subscriptions renew for successive periods until cancelled. You may cancel at any time, effective at the end of the period you have paid for.
• Staff roster and void PINs are free and unlimited on every plan, and we do not charge per member of staff.

7. NOY is not a payment processor

It follows, and you accept, that:

• Every payment dispute, chargeback, short payment, overpayment, refund or non-payment is between you and your customer. NOY is not a party to it.
• You are responsible for deciding whether a payment has been received before releasing goods.
• You are responsible for the accuracy of the payment details and the QR code you upload. Whoever controls that image controls where your takings land, and only you may change it.
• NOY is not liable for money you did not receive, for a payment you approved in error, or for a fraudulent claim of payment.

8. Your responsibilities as the merchant

You are the seller of whatever you sell. NOY is the software you sell it through. You are responsible for:

• Your prices and your menu being accurate and current, including anything marked as unconfirmed. A wrong price shown to a customer is a wrong price you have quoted.
• Food safety, hygiene, labelling and allergens, and for handling any note or request a customer attaches to an order.
• Your permits, registrations and licences, including your business permit, BIR registration and the issuing of official receipts or invoices where required. A NOY order receipt is a record of an order and is not a BIR-registered official receipt.
• Your obligations to your own customers under the Consumer Act of the Philippines (RA 7394), the Electronic Commerce Act (RA 8792) and any other applicable law.
• Delivery you offer, whether you carry it out yourself or use a rider. NOY does not provide, arrange, employ or insure delivery.
• Your staff and your devices, as set out in section 3.
• Keeping your own records. NOY is not your only copy of your books.

9. Data protection

Under the Data Privacy Act of 2012 (RA 10173), in relation to your customers' personal information:

• You are the Personal Information Controller. Your customers are your customers.
• NOY is the Personal Information Processor, acting on your documented instructions, which for these purposes are these terms and the settings you choose in the back office.

We will process customer personal information only to provide the service, keep it secure using reasonable and appropriate organisational, physical and technical measures, notify you without undue delay if we become aware of a personal data breach affecting it, and assist you in responding to a data subject request or a National Privacy Commission enquiry.

You must have a lawful basis for the information you collect through NOY, tell your customers what you do with it, and not use NOY to collect information you have no right to collect. The Acceptable Use and Data Processing terms form part of this agreement.

Our own handling of information is described in the Privacy Policy.

10. Availability, support and offline working

• We do not offer a service level agreement or an uptime guarantee. We say that plainly rather than promising a number we do not measure.
• The software is built to keep taking orders when the internet does not work. A paired device applies changes to its own screen first and sends them when it can. That is a design feature and not a warranty that it will work in every circumstance.
• Support is by email at [email protected]. We aim to acknowledge within one working day. Premium customers are prioritised.
• Planned maintenance will be notified in advance where we can. Emergency maintenance may not be.
• We depend on third parties, including our database and hosting providers. An outage at one of them is an outage for us, and we will tell you what we know.

11. Intellectual property and branding

• We own NOY. The software, its design, its source code and the NOY name and mark remain ours. You get a non-exclusive, non-transferable licence to use it for your business for as long as this agreement lasts.
• You own your brand and your content. Your name, logo, photographs, menu text and prices remain yours. You grant us a licence to display them within the platform so that we can run your shop's pages, and that licence ends when the agreement does.
• You confirm you have the right to use what you upload, including any photograph. If you upload an image you do not own the rights to, that is your responsibility and section 17 applies.
• NOY signature. Customer-facing pages carry a restrained "Powered by NOY" mark, and staff and back-office screens are co-branded. This is part of the product and may not be removed.
• Using your name as a reference. We would like to name you and show your logo as a NOY client in our own marketing. Tell us in writing and we will not, at any time, with no effect on your service.
• Feedback you give us about the product may be used freely and without obligation.

12. Your data, export and what happens at the end

• Your business data is yours: your orders, your menu, your expenses, your settings.
• You can export it from the back office where an export feature exists for it, and by asking us where one does not.
• When this agreement ends, you may request a full export within 30 days. After that period we may delete or anonymise your data, subject to anything we must keep by law.
• We do not delete your data because a plan changed. Only closing the account does that, and only after the export window above.
• We may keep aggregated, de-identified statistics that cannot identify you, your customers or your takings, in order to run and improve the platform.

13. Hardware

Tablets, stands and receipt printers are optional and are quoted separately. Unless we state otherwise in writing, hardware is sold to you and any warranty is the manufacturer's, passed through to you. We are not responsible for hardware failure, loss, theft or damage, and a hardware fault is not a fault in the software.

14. Term, suspension and termination

• This agreement starts when you first accept it and continues until either of us ends it.
• You may terminate at any time on 30 days' written notice. Fees already paid for the current period are not refunded, and you keep the service until that period ends.
• We may terminate on 30 days' written notice.
• Either of us may terminate immediately if the other commits a material breach and does not remedy it within 14 days of being told, or becomes insolvent.
• We may suspend immediately, without notice, only where it is necessary to protect the platform, another business or a member of the public: for example a serious security incident, unlawful use, or use that threatens the stability of the service for others. We will tell you why as soon as we reasonably can and restore the service once the cause is resolved.
• Non-payment does not stop you trading. Our remedy for an unpaid invoice is to withdraw premium features and, if it remains unpaid, to terminate on notice. It is not to switch off your till in the middle of service.
• Sections that survive: 4 and 5 for amounts already owed, 7, 9, 11, 12, 16, 17, 18, 20 and 21.

15. Warranties and disclaimers

We warrant that we will provide the service with reasonable care and skill.

Beyond that, and to the fullest extent Philippine law allows, the platform is provided "as is". We do not warrant that it will be uninterrupted or error free, that it will meet every requirement you have, or that it will detect a fraudulent payment. Nothing in the platform is financial, tax, legal or accounting advice, and the operating balance and reports it shows are a convenience built from what you entered, not a statement of profit and not a substitute for a bookkeeper or an accountant.

16. Limitation of liability

Neither of us is liable to the other for indirect or consequential loss, loss of profit, loss of anticipated savings, loss of goodwill, or loss of business opportunity.

Our total aggregate liability arising out of or in connection with this agreement, whether in contract, quasi-delict or otherwise, in any twelve month period, is limited to the total fees you actually paid us in the three months immediately before the event giving rise to the claim, or PHP 5,000, whichever is the greater.

We are specifically not liable for:

• Money a customer did not send you, or a payment approved in error by your staff.
• A price you published incorrectly.
• Loss caused by a device you failed to have removed after it left your business.
• An outage at a third-party provider we depend on.
• Any act or omission of a delivery rider.

Nothing in this section limits liability for fraud, wilful misconduct, gross negligence, death or personal injury, or any liability that cannot be limited under Philippine law.

17. Indemnity

You will indemnify us against any claim, loss, liability, or reasonable cost arising from your use of the platform in breach of these terms, from the goods or services you sell, from content you uploaded that you did not have the right to use, or from your handling of your own customers' personal information.

18. Confidentiality

Each of us may learn things about the other that are not public: your takings and your customer list on one side, our pricing and how the platform is built on the other. Neither of us will disclose the other's confidential information except to people who need it and are bound to keep it confidential, or where the law requires disclosure. This continues for three years after the agreement ends.

19. Changes to these terms

We may update these terms. For any change that materially affects your rights or the fees you pay, we will give you at least 30 days' notice by email and on this page, and you may terminate before it takes effect if you do not accept it. Minor changes, such as correcting a typographical error or clarifying wording without changing its effect, take effect when published.

20. Governing law and disputes

This agreement is governed by the laws of the Republic of the Philippines.

Talk to us first. If something goes wrong, write to [email protected] and we will make a genuine attempt to resolve it within 30 days. Most problems are a misunderstanding and are cheaper to fix by conversation.

If that fails, the parties submit to the exclusive jurisdiction of the proper courts of Cebu, Philippines, to the exclusion of any other venue.

21. General

• Entire agreement. These terms, the Privacy Policy, the Acceptable Use and Data Processing terms and any written quotation we have signed with you are the whole agreement between us, and replace anything discussed beforehand.
• Order of precedence. If a signed written quotation conflicts with these terms, the quotation wins for the matter it covers.
• Assignment. You may not assign this agreement without our written consent, which we will not unreasonably withhold. We may assign it as part of a sale or reorganisation of our business.
• Severability. If any part is found unenforceable, the rest stands.
• No waiver. Not enforcing something once does not waive it.
• Force majeure. Neither of us is liable for a failure caused by something genuinely outside our control, such as a typhoon, an earthquake, a power failure, a nationwide network outage or an act of government.
• Independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship between us.
• Notices are given by email: to you at the address on your account, and to us at [email protected].
• Language. These terms are written in English. A translation may be provided for convenience, and the English version governs.

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KEK I.T. Solutions, trading as NOY
Mohon, Talisay City, Cebu, Philippines
[email protected]