Terms of Service

The Service identifies produce at checkout and enters the matching code into your point-of-sale system. It is a business-to-business service and is not offered to consumers.

You are responsible for everyone who uses the Service through your accounts, for keeping credentials confidential, and for telling us promptly if an account is compromised or a user should be removed.

Kiosk hardware remains Shalyx's property. You may use it only at the store for which it was provided, for the term of your subscription. You will keep it connected to power and the internet, not open, modify, or move it without our consent, and return it in good condition within 14 days after your subscription ends. Hardware that is lost, not returned, or damaged beyond normal wear is charged at replacement cost.

Fees are set out in your Service Agreement and are due as it states. Fees are non-refundable and exclude taxes, which you are responsible for other than taxes on our income.

Overdue amounts may accrue interest at 1.5% per month or the maximum permitted by law, whichever is less. If an invoice is more than 30 days overdue, we may suspend the Service, including by disabling kiosks remotely, until it is paid.

The kiosk captures images and related information when items are scanned ("Scan Data"). Shalyx owns all Scan Data and everything derived from it, and you assign to Shalyx any rights you may have in it. Shalyx may use and retain Scan Data for any purpose, including after your subscription ends.

You may view Scan Data for your own store in the dashboard solely to operate the Service. You may not copy, download, extract, publish, sell, share, or otherwise use it, or allow anyone else to.

You keep ownership of your own business information and grant Shalyx a licence to use it to provide, support, and improve the Service.

Images may incidentally include people at the checkout. You are responsible for complying with all laws that apply to operating a camera in your store, including any required notice or consent.

You are responsible for your catalog and prices, for configuring the kiosk for your point-of-sale system, and for training staff to confirm or correct identifications.

Recognition is automated and will sometimes be wrong; the final decision about what is rung up remains yours. Shalyx makes no guarantee about the accuracy of any identification and is not responsible for any loss resulting from an incorrect or missed identification.

You agree that Shalyx may monitor, update, reconfigure, and disable kiosks remotely, and may receive diagnostic information from them. We may change the Service, but will not materially reduce the core functionality you pay for during a paid period without notice.

You may not reverse engineer or extract the Service's software or models, circumvent its security, use it to build a competing product, resell it, interfere with it, or use it unlawfully.

Shalyx and its licensors own the Service. You receive only the limited right to use it under these Terms. We may use any feedback you give us without obligation.

Each party will keep the other's non-public business information confidential and use it only to perform under these Terms, except information that is public, already known to the receiving party, or required to be disclosed by law.

Subscriptions run month to month. Either party may cancel with at least 30 days' written notice. We may suspend or terminate the Service immediately if you materially breach these Terms, fail to pay, or if continuing would expose us to legal liability.

On termination you must stop using the Service and return the hardware. Scan Data is not returned or deleted. The provisions on fees owed, Scan Data, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, and governing law survive.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, SHALYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE FULLEST EXTENT PERMITTED BY LAW, SHALYX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, HOWEVER CAUSED. SHALYX'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE SUBSCRIPTION FEES YOU PAID IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

You will defend and indemnify Shalyx against claims, losses, and expenses, including reasonable legal fees, arising from your use of the Service in violation of these Terms or applicable law, including camera notice or consent requirements.

We may update these Terms. We will post the update here, and for material changes will notify you by email at least 30 days before they take effect. Continued use after that date is acceptance.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. The state courts located in Orange County, New York, and the federal courts of the Southern District of New York have exclusive jurisdiction over any dispute arising from these Terms, and each party consents to that jurisdiction.

These Terms, any Service Agreement, and the Privacy Policy are the entire agreement about the Service. If any provision is unenforceable, the rest remain in effect. Neither party is liable for delay caused by events beyond its reasonable control, other than payment obligations. You may not assign these Terms without our consent; we may assign them to a successor of our business. Notices to Shalyx go to support@shalyx.com.