Payment Terminal Software Terms of Use
Payment Terminal Software Terms of Use
Last updated: 2025-05-09
This Payment Terminal Software Terms of Use (“Terms of Use”) govern your access and/or use of the Payment Terminal Software (as defined below) to be used in conjunction with the Payment Terminal Software. When you read this Terms of Use, “you”, “your” and “User” refers to Merchant and the Merchant’s personnel, and the words “we”, “our”, “us” and “AISG Labs” refer to AISG LABS PTE. LTD. and its successors and assigns.
By accessing, using and/or installing the Payment Terminal Software, you are indicating your agreement to be bound by all terms and conditions of this Terms of Use. If you do not accept all the terms and conditions of this Terms of Use, you shall immediately cease all access and/or use of Payment Terminal Software.
1. Definitions and Interpretation
1.1 In this Terms of Use, unless the context otherwise requires, the following expressions shall have the following meanings:
1.1.1 “Additional Terms” has the meaning ascribed to it in Clause 10.1.
1.1.2 “Affiliate” means in relation to a party any person directly or indirectly controlling, controlled by, or under common control with that party. For the purposes of this definition, “control,” “controlling,” and “controlled” mean having the right to elect a majority of the board of directors or other comparable body responsible for management and direction of a person by contract, by virtue of share ownership or otherwise;
1.1.3 “Antom” means AISG LABS PTE. LTD. and/or its Affiliates.
1.1.4 “Appointed TSP” means the terminal service provider appointed or designated by AISG Labs in the Territory to provide services relating to the Payment Terminal Hardware and Payment Terminal Software, including deployment, installation, training, maintenance, and support services.
1.1.5 “Business Day” means a day on which banks are open for general banking business in Singapore and the Territory (not being a Saturday, Sunday or public holiday in Singapore and the Territory).
1.1.6 “Confidential Information” has the meaning ascribed to it in Clause 5.1.
1.1.7 “Derivative Works” has the meaning ascribed to in Clause 4.1.
1.1.8 “Intellectual Property Rights” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, derivative works, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.1.9 “Merchants” means the entity who has entered into an agreement with Antom for the purpose of accessing and/or using the Payment Terminal Software.
1.1.10 “New Software Features” has the meaning ascribed to it in Clause 10.2.
1.1.11 “Payment Terminal Hardware” means any hardware, product and/or equipment, including a physical Point of Sale (POS) device, and any other accessories or components supplied by AISG Labs (directly or indirectly) that is to be used in conjunction with the Terminal Device Software for the purpose of facilitating and accepting multiple in-person payment options including using physical debit and/or credit cards, contactless debit and/or credit cards, NFC or QR-code based wallets.
1.1.12 “Payment Terminal Software” means any computer programme, application, software and/or firmware developed and provided by AISG Labs for the purpose of facilitating and accepting multiple in-person payment options including using physical debit and/or credit cards, contactless debit/or credit cards, NFC or QR-code based wallets.
1.1.13 “Payment Terminal Software Warranty” has the meaning ascribed to in Clause 7.3.
1.1.14 “PCI DSS” means the latest Payment Card Industry Data Security Standard published by PCI Security Standard Council.
1.1.15 “Personal Data” refers to any data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which AISG Labs and/or the User has or is likely to have access, including data in AISG Lab’s and the User’s records as may be updated from time to time.
1.1.16 “Territory” means the relevant country where the Payment Terminal Software is accessed and/or used by you.
1.1.17 “User Documentation” means any standard documentation made available by AISG Labs and/or the Appointed TSP with respect to the Payment Terminal Software, as may be amended from time to time by AISG Labs.
1.1.18 “Warranty Period” has the meaning ascribed to it in Clause 7.1.
1.2 In these Terms of Use, (a) whenever the words “include”, “includes” or “including” are used in this these Terms of Use, they will be deemed to be followed by the words “without limitation”; (b) words importing the singular only shall also include the plural and vice versa; (c) headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such provision; (d) references to a statute, law, by-law, regulation, rule, directive, delegated legislation or order also refers to the same as amended, modified or replaced from time and includes subsidiary legislation made thereunder; (e) any reference to “Payment Terminal Software” includes a reference to “part of the Payment Terminal Software”; and (f) notwithstanding anything to the contrary, where any right of AISG Labs is specified to be at its “discretion”, such “discretion” shall be construed to refer to the “sole, unfettered and absolute discretion” of AISG Labs ; and any determination to be made by AISG Labs or any exercise by AISG Labs of any rights or entitlement may be made at the sole, unfettered and absolute discretion of AISG Labs and, in every case, shall be conclusive and binding on each User.
2. Licence of Payment Terminal Software
2.1 Grant of licence: AISG Labs hereby grants to the User a limited, non-exclusive and non-transferable licence to use the Payment Terminal Software, for the User’s own use in accordance with this Terms of Use.
2.2 Acknowledgements: The User acknowledges that it may only use the Payment Terminal Software in accordance with this Terms of Use and strictly for purposes that are permitted by any applicable laws or regulations. The User shall not market, distribute, sell or resell the Payment Terminal Software to any other third party or allow use of the Payment Terminal Software for the business of a third party, unless the User has obtained prior express written approval from AISG Labs.
2.3 Restrictions: The User shall not:
2.3.1 copy the Payment Terminal Software by any means or in any form, save that the User where expressly permitted under this Terms of Use;
2.3.2 reverse engineer, decompile, attempt to extract the source code from the Software, disassemble, adapt, localise, port, vary, translate or modify the Payment Terminal Software except with the prior written approval of AISG Labs;
2.3.3 publish, modify, alter, reproduce or translate the Payment Terminal Software except with the prior written consent of AISG Labs; and/or
2.3.4 encumber, time-share, rent, lease, lend, distribute, make available, publicly display or offer on a "pay-per-use" basis, the Payment Terminal Software or any part thereof, or act as a service bureau or application services provider using (whether in whole or in part or whether directly or indirectly) the Payment Terminal Software. The User shall not, whether directly or indirectly, use the Payment Terminal Software for the benefit of any third party or provide access to the use of the Payment Terminal Software to any third party.
3. User’s use of the Payment Terminal Software
3.1 Without prejudice to any other express stipulation in this Terms of Use relating to use of specific parts or aspects of Payment Terminal Software, the User agrees to:
3.1.1 use the Payment Terminal Software in accordance with AISG Lab’s procedures pertaining to the access and use thereof as may be issued from time to time, including reasonable guidelines and instructions pertaining to operational matters;
3.1.2 promptly comply with applicable laws and regulations relating to its use of the Payment Terminal Software and not to use Payment Terminal Software for any improper, fraudulent or unlawful purpose, nor allow User’s personnel to do so and User may not download or otherwise export or re-export the Payment Terminal Software or any underlying information or technology except in full compliance with all applicable laws and regulation;
3.1.3 comply with applicable PCI DSS security requirements when using the Payment Terminal Software;
3.1.4 promptly comply with all notices, instructions or directions in the User Documentation and those given by AISG Labs (and regulatory authorities, where applicable) in respect of use or operation of Payment Terminal Software and/or any equipment and/or software which relate to User’s use or access of Payment Terminal Software;
3.1.5 to obtain, maintain all such licences, approvals and consents as may be necessary for the performance and observance of its obligations hereunder and its use of the Payment Terminal Software;
3.1.6 not remove, obscure, tamper, delete or alter any trade names, trade marks, logos, domain names and/or other attribution to AISG Lab’s brand or that of its Affiliates and/or licensors (if any), that appear or are displayed in connection with the Payment Terminal Software;
3.1.7 ensure that any and all equipment connected to or used in conjunction with Payment Terminal Software is approved for use by AISG Labs (and regulatory authorities, where applicable) and is connected or used in accordance with AISG Lab’s directions (and applicable laws and regulations) and shall obtain the prior written approval of AISG Labs before connecting (or permitting any person to connect) any equipment thereto, except where AISG Labs has dispensed with the requirement for such approval;
3.1.8 at the User’s own expense, carry out such additions, improvements, adjustments, modifications, alterations or replacements to any equipment and software (other than Payment Terminal Software), as and when required by AISG Labs for the purpose of maintaining the quality, increasing the performance of accessing Payment Terminal Software, complying with any applicable laws or industry standards, or for any other purpose whatsoever;
3.1.9 acknowledge that the use of Payment Terminal Software may be restricted by applicable laws and regulations. AISG Labs shall not be responsible for any losses and/or damages which User may suffer in consequence of any such restrictions; and
3.1.10 retain all Payment Terminal Software at all times in the custody and control of the User.
3.2 Updates
3.2.1 AISG Labs may release updates from time to time (as applicable). Such updates, if released, shall form part of the Payment Terminal Software and be subject to this Terms of Use. The User shall install, deploy, or use updates as soon as reasonably practicable after receipt of the same. AISG Labs shall not be held liable for any damages caused wholly or partially due to User’s failure to install, deploy or use such updates.
3.2.2 An update may be automatically pushed to and installed on the Payment Terminal Hardware without prior notification or further consent from the User. Continued use of the Payment Terminal Hardware and/or Payment Terminal Software means that the User acknowledges and is aware of changes or modifications and the User accepts such change as well as any associated terms and conditions, provided always that this Terms of Use shall prevail to the extent of any inconsistency.
4. Intellectual Property
4.1 Ownership: All rights, title and interests (including Intellectual Property Rights) in the Payment Terminal Software, User Documentation or any information or content provided by AISG Labs under this Terms of Use belong to AISG Labs, or its licensors unless otherwise indicated. We reserve the right to enforce our Intellectual Property Rights to the fullest extent of the law. In the event that any enhancements, derivatives, changes, modifications, alterations or adaptations of or to the Payment Terminal Software, User Documentation or any information or content provided by AISG Labs under this Terms of Use in whatever form or medium (collectively, “Derivative Works”), are made, created, developed, or acquired by User (whether or not authorised under this Terms of Use or whether or not permitted by AISG Labs), all rights, title and interest (including Intellectual Property Rights) in all countries of the world, whether vested, contingent or future, in and to such Derivative Works shall belong exclusively to AISG Labs.
4.2 Restricted use: Unless expressly provided otherwise in this Terms of Use, no part or parts of any Payment Terminal Software, User Documentation or any information or content provided by AISG Labs under this Terms of Use or any Derivative Works, may be copied, reproduced, reverse engineered, decompiled, disassembled, destroyed, separated, altered, adapted, localised, ported, varied, translated, modified, distributed, republished, displayed, broadcast, uploaded, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.
5. Confidential Information
5.1 The User acknowledges and agrees that the User Documentation and any designs, technical information, source code, object code, equipment, data, processes, inventions, products, data, business or financial information, User information, documents, and other proprietary information of AISG Labs received or obtained in the course or for the purposes of this Terms of Use by the User (collectively “Confidential Information”) are confidential and the User hereby undertakes not to disclose or release to any third party the Confidential Information nor use any Confidential Information for any purpose other than expressly permitted under this Terms of Use, without obtaining the prior written consent of AISG Labs. The User undertakes to promptly return all materials containing Confidential Information and/or any copies thereof to AISG Labs upon AISG Lab’s request.
6. Personal Data
6.1 The User hereby acknowledges and agrees that in relation to any Personal Data processed by AISG Labs as part of the User’s use of the Payment Terminal Software, the User acts as the data controller and AISG Labs acts as its data processor (data intermediary). AISG Labs shall process the Personal Data in accordance with the User’s instructions unless prohibited by applicable laws. The User shall be responsible and liable for the instructions provided to AISG Labs.
6.2 AISG Labs shall:
6.2.1 collect, use, disclose and/or process the Personal Data only for the purposes of these Terms of Use and in compliance with the applicable privacy laws;
6.2.2 implement reasonable and appropriate security measures to protect the Personal Data from a data breach, in compliance with the applicable privacy laws;
6.2.3 without undue delay, after having become aware that a data breach has or may have occurred with respect to Personal Data received from or collected on behalf of the User, notify the User in writing of the occurrence of such data breach;
6.2.4 ensure that an obligation of confidentiality is imposed on persons authorized to process the Personal Data;
6.2.5 assist the User, by appropriate technical and organizational measures and, to the extent possible, to fulfill the obligation to respond to requests by data subjects relative to the exercise of their rights;
6.2.6 assist the User in ensuring compliance with applicable privacy laws, taking into account the nature of processing and the information available;
6.2.7 make available to the User only the information necessary to demonstrate compliance with the obligations under the applicable privacy laws, and allow for and contribute to audits, including inspections, conducted by the User or another auditor mandated by the User; and
6.2.8 immediately inform the User if, in AISG Lab’s opinion, the User’s instruction in relation to the Personal Data infringes applicable privacy laws.
6.3 The User shall bear sole responsibility for ensuring that the Personal Data is processed in compliance with all applicable privacy laws, including without limitation:
6.3.1 ensuring that the User has a lawful basis and/or have obtained all necessary consents from the relevant data subjects in order:
(i) to provide, disclose or transfer the Personal Data to AISG Labs; and/or
(ii) for AISG Labs to collect, use, disclose and process the Personal Data,
(iii) for the purposes of the Payment Terminal Software;
6.3.2 notifying relevant data subjects of the User’s privacy policy, which shall be compliant with all applicable privacy laws;
6.3.3 providing sufficient notice to relevant data subjects of the types of personal data that will be collected and for what purpose(s), and refrain from collecting personal data that is not necessary for such purposes; and
6.3.4 promptly responding to a data subject’s request to exercise rights over personal data that he/she may be entitled to, as may be required by and in accordance with the applicable privacy laws.
6.4 The User shall take reasonable steps to ensure that the Personal Data are accurate and complete for the purposes of AISG Lab’s processing.
6.5 The User acknowledges and agrees that AISG Labs may subcontract third party(ies) from any jurisdiction to process the Personal Data for the purposes of this Terms of Use (“sub-processor”), and consequently, to transfer the Personal Data to such sub-processor(s). AISG Labs will ensure that the sub-processor(s) protect the Personal Data received from AISG Labs in accordance with clause 6.2.2.
6.6 AISG Labs will cease to retain the Personal Data, or remove the means by which the Personal Data can be associated with data subjects, as soon as reasonably practicable upon the User’s request, except for such Personal Data which AISG Labs is required by applicable law or regulations to retain.
6.7 In the event that AISG Labs receives a request from a data subject seeking to exercise rights over personal data that he/she may be entitled to under the applicable privacy laws, and the relevant personal data forms part of the Personal Data, AISG Labs shall promptly notify the User of such request.
6.8 AISG Labs shall not be liable for any inability to perform the Terms of Use where such inability arose from a data subject withdrawing his/her consent or exercising his/her rights under the applicable privacy laws.
7. Payment Terminal Software Warranties
7.1 The User acknowledges and agrees that certain features are not applicable unless a particular model of hardware or software is used. Furthermore, depending on the security landscape, certain features may also be removed from time to time.
7.2 The Payment Terminal Software is provided on an “as is”, “as available” basis. AISG Labs does not warrant the accuracy, adequacy, completeness, timeliness, quality, currency, reliability, performance or continued availability of the Payment Terminal Software and/or any User Documentation and AISG Labs expressly disclaims liability for any errors, omissions or delays in the Payment Terminal Software and/or any User Documentation, or for any actions taken in reliance thereon. No warranty or condition of any kind, whether express or implied, as to condition, description, quality, performance, merchantability, durability, satisfactory quality or fitness for purpose or otherwise, is given in conjunction with or in relation to the Payment Terminal Software and/or any User Documentation. AISG Labs does not warrant or forecast that the Payment Terminal Software and/or any User Documentation will meet the requirements of any user, or that the operation of the Payment Terminal Software or the provision of any User Documentation will be uninterrupted or error-free.
7.3 Without limiting the foregoing, the warranty in Clause 7.1 will not apply in the following scenarios:
7.3.1 any failure to comply with the notices, instructions, directions, guidelines, policies and/or technical specifications issued by AISG Labs or the manufacturer of the Payment Terminal Software;
7.3.2 adapt, localise, port, translate, disassemble, decompile, imitate, attempt to recreate, reverse engineer, or modify or attempt to modify the Payment Terminal Software or any source code, object code, software programs, processes, algorithms, methods, techniques, data, or information embodied in the Payment Terminal Software; and/or
7.3.3 incorporate, package or bundle, or grant any other person the right to incorporate, package or bundle the Payment Terminal Software (or part thereof) provided by AISG Labs into another product or with any other products or materials or services from itself or any other third party.
7.4 Save as expressly provided in the Payment Terminal Software Warranty, the warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Payment Terminal Software are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed, implied, statutory or otherwise. Except as expressly provided in Payment Terminal Software Warranty, AISG Labs excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Payment Terminal Software supplied, including warranties of non-infringement, or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose.
8. Limitation of Liability
8.1 AISG Lab’s maximum liability for all claims, suits, demands, actions or other legal proceedings under, arising out of or relating to this Terms of Use, whether based on an action or claim in contract, negligence, tort or otherwise, shall be limited to the lower of: (a) USD10,000; or (b) the total amount of monies actually paid to and received by AISG Labs under the relevant agreement.
9. Exclusion of Liability
9.1 Notwithstanding any other provision of this Terms of Use, AISG Labs shall not be liable for any losses arising in connection with the following:
9.1.1 any loss, damages or expense caused by or attributable in whole or in part to your own act, omission, default or failure to perform your obligations hereunder;
9.1.2 any indirect, incidental, consequential or exemplary costs, claims, expenses, loss or damages, even if informed of the possibility of such costs, claims, expenses, loss and damage;
9.1.3 downtime costs or lost revenues, profits, business opportunities, anticipated savings, goodwill or value of any equipment;
9.1.4 any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros;
9.1.5 any third party claims against the other party for losses or damages;
9.1.6 loss of data arising out of the access to and/or use of the Payment Terminal Software by you or purportedly by you; or
9.1.7 any breach of this Terms of Use by you.
10. Other Applicable Terms / New Features
10.1 In addition to this Terms of Use, the use of specific aspects of the Payment Terminal Software and/or more comprehensive or updated versions of the Payment Terminal Software may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect. By agreeing to this Terms of Use, you also agree to such Additional Terms.
10.2 We reserve the right (but shall not be obliged) to introduce new applications, services, functions and/or features (collectively, “New Software Features”) to the Payment Terminal Software. The term “Payment Terminal Software” shall include New Software Features which are provided at no charge or fee unless otherwise indicated.
10.3 All New Software Features shall be governed by this Terms of Use and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Software Features are provided. In the event of any inconsistency between this Terms of Use and the Additional Terms, the Additional Terms shall prevail unless otherwise provided.
11. Amendments to this Terms of Use
11.1 This Terms of Use may be amended by AISG Labs from time to time at its discretion.
11.2 Amendments to this Terms of Use shall be published on https://global.alipay.com/docs/ac/Platform/9b54guxj and will take effect from the date of publication or such other date that AISG Labs may specify.
11.3 AISG Labs is under no requirement or obligation to notify any person (including you) through any means other than as specified in Clause 11.2 before making any amendment to the Terms of Use. It is the responsibility of each User to regularly check https://global.alipay.com/docs/ac/Platform/9b54guxj to be notified of any updates to this Terms of Use.
11.4 If you do not agree to be bound by any amendments to the Terms of Use, you shall immediately cease all access and/or use of the Payment Terminal Software. You further agree that if you continue to access and/or use of the Payment Terminal Software after being notified of such amendments to this Terms of Use, such access and/or use shall constitute an affirmative acknowledgement by you of, and agreement by you to abide by and be bound by, this Terms of Use and its amendments.
11.5 AISG Labs reserves its rights to vary, amend or rescind this Terms of Use under this Clause 11 without the consent of any other person or entity who is not a party to this Terms of Use.
12. General
12.1 Governing Law & Dispute Resolution: This Terms of Use shall be subject to, governed by and construed in accordance with the laws of Singapore. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause will be Singapore law. The seat of arbitration will be Singapore. The arbitration will be conducted by three (3) arbitrators which shall be appointed in accordance with the SIAC Rules. Unless the parties agree otherwise, the arbitration will be conducted in English. The arbitration award rendered by the arbitrator will be final and binding on all the relevant parties.
12.2 Notices from us: Any notice or other communication that we intend to give to you may be sent to any contact information you may have provided us with. Any notice or communication shall be deemed to have been received:
12.2.1 if communicated to you through email: immediately, provided that no delivery failure in respect of such email is received;
12.2.2 if communicated to you through any print or electronic media as we may select: on the date of publication or broadcast; or
12.2.3 if sent by post or left at your last known address: on the day following such posting or on the day when it was so left.
12.3 Notwithstanding Clause 12.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to email, push notifications or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
12.4 Force Majeure: We shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or services under this Terms of Use, or for any inaccuracy, unreliability or unsuitability of the Payment Terminal Software if due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures, acts or defaults of any telecommunications network operator or carriers and the acts or a party for whom AISG Labs is not responsible for).
12.5 Assignment: You may not assign your rights under this Terms of Use without AISG Lab’s prior written consent. AISG Labs may assign its rights under this Terms of Use to any third party. Without prejudice to the generality of the foregoing, we reserve the right to delegate or sub-contract the provision or operation of Payment Terminal Software or the performance of any obligations under this Terms of Use and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
12.6 Waiver: No failure or delay to exercise or enforce AISG Lab’s rights conferred upon it under this Terms of Use shall be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
12.7 Severability: The invalidity, illegality or unenforceability in whole or in part of any of the provisions of this Terms of Use shall not affect the validity, legality and enforceability of the remaining provisions of this Terms of Use.
12.8 Rights of third parties: Save as expressly provided, a person who is not a party to this Terms of Use shall have no rights under the Contracts (Rights of Third Parties) Act 2001 of Singapore or other similar laws to enforce any term of this Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of this Terms of Use.