Payment Terminal Hardware Terms of Use
Payment Terminal Hardware Terms of Use
Last updated: 2025-05-09
This Terminal Hardware Terms of Use (“Terms of Use”) govern your use of the Payment Terminal Hardware (as defined below) and any other accessories or components to be used in conjunction with the Payment Terminal Hardware. 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” refers to AISG LABS PTE. LTD. and its successors and assigns. The Payment Terminal Hardware shall not be used by any other person or entity apart from the User and no resale is permitted as described in Clause 2.2.
By purchasing and/or using the Payment Terminal Hardware, 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 use of the Payment Terminal Hardware. The Payment Terminal Hardware may only be used in conjunction with the relevant AISG Labs software. Use of such software is subject to the Payment Terminal Software Terms of Use.
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 “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;
1.1.2 “Antom” means AISG LABS PTE. LTD. and/or its Affiliates.
1.1.3 “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.
1.1.4 “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).
1.1.5 “Confidential Information” has the meaning ascribed to it in Clause 4.1.
1.1.6 “Derivative Works” has the meaning ascribed to in Clause 3.1.
1.1.7 “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.
1.1.8 “Merchants” means the entity who has entered into an agreement with Antom for the purpose of purchasing a Payment Terminal Hardware.
1.1.9 “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 that is to be used in conjunction with the Payment Terminal 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.
1.1.10 “Payment Terminal Hardware Warranty” has the meaning ascribed to in Clause 6.3.
1.1.11 “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 and/or credit cards, NFC or QR-code based wallets.
1.1.12 “PCI DSS” means the latest Payment Card Industry Data Security Standard published by PCI Security Standard Council.
1.1.13 “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.
1.1.14 “Territory” means the country in which the Payment Terminal Hardware was first delivered by the Appointed TSP.
1.1.15 “User Documentation” means the standard documentation made available by AISG Labs and/or Appointed TSP with respect to the Payment Terminal Hardware, as amended from time to time by AISG Labs.
1.1.16 “Warranty Period” has the meaning ascribed to it in Clause 6.1.
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 Hardware” includes a reference to “part of the Payment Terminal Hardware”; 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. User’s use of the Payment Terminal Hardware
2.1 Without prejudice to any other express stipulation in this Terms of Use relating to use of specific parts or aspects of Payment Terminal Hardware, the User agrees to:
2.1.1 use the Payment Terminal Hardware 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;
2.1.2 promptly comply with applicable laws and regulations relating to its use of the Payment Terminal Hardware and not to use Payment Terminal Hardware for any improper, fraudulent or unlawful purpose;
2.1.3 comply with applicable PCI DSS requirements when handling and using the Payment Terminal Hardware;
2.1.4 promptly comply with all notices, instructions or directions in the User Documentation and any other guidelines, policies and directions given by AISG Labs in respect of use or operation of Payment Terminal Hardware and/or any equipment and/or software which relate to User’s use or access of Payment Terminal Hardware;
2.1.5 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 Hardware;
2.1.6 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 its licensors (if any), that appear or are displayed in connection with the Payment Terminal Hardware;
2.1.7 not use the Payment Terminal Hardware in any other country other than the country to which the Payment Terminal Hardware was shipped to;
2.1.8 ensure that any and all equipment connected to or used in conjunction with Payment Terminal Hardware is approved for use by AISG Labs 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;
2.1.9 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 Hardware), as and when required by AISG Labs for the purpose of maintaining the quality, increasing the performance of accessing Payment Terminal Hardware, complying with any applicable laws or for any other purpose whatsoever;
2.1.10 acknowledge that the use of Payment Terminal Hardware 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
2.1.11 retain all Payment Terminal Hardware at all times in the custody and control of the User.
2.2 The User acknowledges that it may only use the Payment Terminal Hardware 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 Hardware to any other third party or allow use of the Payment Terminal Hardware for the business of a third party, unless the User has obtained prior express written approval from AISG Labs.
3. Intellectual Property
3.1 Ownership: All rights, title and interests (including Intellectual Property Rights) in the Payment Terminal Hardware, 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 Hardware, 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.
3.2 Restricted use: Unless expressly provided otherwise in this Terms of Use, no part or parts of any Payment Terminal Hardware, 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.
4. Confidential Information
4.1 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 the Confidential Information and/or any copies thereof to AISG Labs upon AISG Lab’s request.
5. Personal Data
5.1 The User hereby confirms and represents that where any Personal Data relating to any individuals is disclosed to AISG Labs (including but not limited to our agents or service providers), the User has obtained the prior consent of such individuals for the collection, use and disclosure by AISG Labs (including but not limited to our agents or service providers) of the Personal Data of such individuals for the purposes for which the data was provided to us. The User warrants that all Personal Data that the User discloses to AISG Labs is complete, accurate, true and correct.
5.2 The User shall have sole responsibility for compliance with laws concerning the obtaining, processing, storage, distributing and use of personal and other data held or controlled by it in relation to this Terms of Use or in connection with User’s use of the Payment Terminal Hardware.
6. Payment Terminal Hardware Warranties
6.1 A warranty period of one (1) year from the date on which the Payment Terminal Hardware was delivered and installed to the User by the Appointed TSP (such period the “Warranty Period”) will apply for the Payment Terminal Hardware.
6.2 During the Warranty Period, AISG Labs warrants that it will attend to and rectify any defects in material and faulty workmanship in the Payment Terminal Hardware to perform substantially in accordance with the User Documentation, upon receipt of written notice of the same from User.
6.3 The warranties with respect to the Payment Terminal Hardware are as set out in Clauses 6.1 and 6.2 (“Payment Terminal Hardware Warranty”). The Payment Terminal Hardware Warranty shall not apply if the defects are caused directly or indirectly by the User or any of the User’s personnel, including:
6.3.1 damage or malfunction that arise from the User’s or a third party’s negligence;
6.3.2 any failure to comply with the notices, instructions, directions, training, guidelines, policies and/or technical specifications issued by AISG Labs, the Appointed TSP or the manufacturer of the Payment Terminal Hardware;
6.3.3 misuse, abuse, improper or incorrect use or operation of the Payment Terminal Hardware, including its parts, components or accessories arts;
6.3.4 exposure to elements to which the Payment Terminal Hardware is not resistant to, such as electrical power surges or inappropriate electric voltage, excessive shocks and knocks, contact with liquids or any harmful agent;
6.3.5 unauthorized repairs, modifications, disassembly, variations or adjustments to the Payment Terminal Hardware without the prior written consent of AISG Labs;
6.3.6 integration with other systems or infrastructure, third party’s parts or accessories or other products and/or services that are not supplied or provided by AISG Labs;
6.3.7 unsuitable storage or environmental conditions; and
6.3.8 normal wear and tear or otherwise due to the normal aging of the Payment Terminal Hardware, including its parts, components or accessories.
6.4 Save as expressly provided in the Payment Terminal Hardware Warranty, the warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Payment Terminal Hardware Warranty 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 Hardware 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 Hardware supplied, including warranties of non-infringement, or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose.
7. Replacement of Payment Terminal Hardware
7.1 AISG Labs reserves the right to repair or replace the Payment Terminal Hardware or any part thereof at its sole discretion if there are defects to the Payment Terminal Hardware during the Warranty Period.
7.2 In the event that a replacement unit or any parts are provided under the warranty, AISG Labs and/or the Appointed TSP reserves the right to provide replacements that are new, refurbished, or repaired, at its sole discretion. The User acknowledges and agrees that refurbished or repaired replacements provided under the warranty will be sufficient for the purpose of fulfilling the warranty obligations in this Clause 7. The warranty period for any replacements will be for the remaining duration of the original warranty period.
7.3 AISG Labs shall not be liable in respect of any defects in the Payment Terminal Hardware arising after the expiry of the Warranty Period.
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 total amount of monies actually paid to and received by Antom under the applicable agreement entered into between Merchant and Antom for the purchase of Payment Terminal Hardware, or any other 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 Hardware by you or purportedly by you; or
9.1.7 any breach of this Terms of Use by you.
10. Amendments to this Terms of Use
10.1 This Terms of Use may be amended by AISG Labs from time to time at its discretion.
10.2 Amendments to this Terms of Use shall be published on https://global.alipay.com/docs/ac/Platform/wmoirmxg and will take effect from the date of publication or such other date that AISG Labs may specify.
10.3 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 this Terms of Use. It is the responsibility of each User to regularly check https://global.alipay.com/docs/ac/Platform/wmoirmxg to be notified of any updates to this Terms of Use.
10.4 If you do not agree to be bound by any amendments to this Terms of Use, you shall immediately cease all use of the Payment Terminal Hardware. You further agree that if you continue to use the Payment Terminal Hardware 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.
10.5 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.
11. General
11.1 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.
11.2 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:
11.2.1 if communicated to you through email: immediately, provided that no delivery failure in respect of such email is received;
11.2.2 if communicated to you through any print or electronic media as we may select: on the date of publication or broadcast; or
11.2.3 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.
11.3 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.
11.4 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 Hardware 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).
11.5 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 Hardware 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.
11.6 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.
11.7 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.
11.8 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.