Terms of Service

The agreement between Cobblestone POS and the restaurants that use it. Plain language where plain language works.

Last updated: October 20, 2026

Agreement to these terms

These Terms of Service ("Terms") are an agreement between Cobblestone POS LLC, an Indiana limited liability company ("Cobblestone POS", "we", "us"), and the business that creates an account to use our platform ("you", "your", "Merchant").

By creating an account, signing in, or using any part of the platform, you agree to these Terms. If you are accepting on behalf of a business, you confirm that you are authorized to bind that business. If you do not agree, do not use the platform.

These Terms cover the point-of-sale application, the admin panel, your branded online ordering site, the wholesale ordering portal, the AI assistant, menu boards and kiosk displays, and every related service we provide (together, the "Platform").

What Cobblestone POS is

The Platform is restaurant software. It records sales, routes orders to your kitchen, manages your menu and inventory, schedules staff, runs a loyalty program, publishes marketing, and connects to a payment gateway so you can accept cards.

We are a software provider. We are not a bank, a payment processor, a money transmitter, a payroll provider, an employer of your staff, or your accountant. We do not hold your funds at any point.

Your account and your staff

You must be at least 18 years old and operating a legitimate business.
The information you give us at signup, and in your business profile, must be accurate and kept current.
You are responsible for keeping login credentials secure, including the PINs your staff use on a register.
You are responsible for everything done under your account, including by your employees and anyone you grant access to. Assign the lowest role that lets a person do their job.
Tell us promptly if you believe an account has been compromised.
You are responsible for your own employment practices. Time-clock records, schedules and labor reports are tools to help you; they are not legal advice and they do not make us a joint employer.

What it costs

The Platform is free. There is no subscription fee, no per-terminal fee, no per-transaction Platform fee, and no setup fee. We earn revenue from a margin on payment processing when you accept cards through the gateway we refer you to.

Because there is no subscription, there is nothing that auto-renews and nothing to cancel a renewal of. You will not be charged a recurring Platform fee, and we will not place one on your account without your express agreement.

If we ever introduce a paid plan or a pass-through cost — for example, metered messaging or hardware — we will tell you in writing at least 30 days in advance, explain exactly what it costs, and get your agreement before billing you anything. Continuing to use the free Platform will never by itself be treated as agreement to a new charge.

See our Refund and Cancellation Policy for how cancellation works in practice.

Payment processing

Card payments are processed through our gateway partner, NMI (Network Merchants, LLC). To accept cards you will open a merchant account under your own business, in your own name, through the processor we refer you to. That merchant agreement is between you, the processor and its sponsoring bank — not with us — and its terms control how your funds are held, when they are deposited, and what fees apply.

Card data

Card numbers are captured either by the gateway's own hosted card fields, which run in a frame served by the gateway, or by an encrypting EMV card reader. In both cases the card data goes to the gateway and we receive back only a token plus the brand and last four digits.

Our servers do not accept, store or transmit full card numbers, security codes or magnetic-stripe data. The Platform rejects a payment request that contains raw card data rather than processing it. Card data is handled by a PCI DSS compliant gateway and does not touch our systems. We do not claim any independent PCI DSS validation of the Platform itself, and we do not describe ourselves as "PCI compliant".

What you are responsible for

Chargebacks, disputes, retrievals and any resulting fees are between you, your customer, the processor and the sponsoring bank. We will help you pull the receipt and transaction record, but we do not decide disputes and we do not cover their cost.
Refunds you issue to your own customers come out of your own funds through your merchant account.
Collecting and remitting sales tax. The Platform calculates tax from the rate you configure; the rate, and the filing, are yours.
Tips, gratuity distribution and tip reporting, which are governed by your own policies and by wage law.
Cash handling, till counts and any shortage.

If a refund or adjustment is made outside the Platform — directly in the gateway portal, for instance — the Platform will not know about it and your reports will overstate revenue until it is reconciled. Make refunds in the Platform wherever you can.

Your data and your customers' data

You own your business data and your customer data. We do not sell it, and we do not use your customer lists to market to your customers.

For the personal information of your customers, you are the controller and we act as your processor: we handle it to provide the Platform to you, on your instructions. The terms that govern that relationship, and the full list of vendors the data passes through, are in our Data Processing Terms.

We may use aggregated, de-identified information — figures that cannot be tied back to you, your business or any individual — to operate, secure and improve the Platform.

The Platform can send text messages and email to your customers. Messaging law puts the obligation on the sender, and for messages to your customers, you are the sender.

You are solely responsible for obtaining and keeping proof of each customer's consent to be contacted, and for honoring every opt-out. You confirm that you have the right to message every phone number and email address you load into the Platform.

You agree that you will not:

Upload, import or message a purchased, rented, scraped or otherwise acquired list of contacts.
Send marketing messages to anyone who has not given you consent for that kind of message, or who has opted out.
Use the loyalty program, customer lists or marketing tools to send unsolicited bulk messages of any kind.
Send a message that misrepresents who it is from, or that omits your business name.
Message a number after a STOP request, or remove or suppress an unsubscribe mechanism.
Use the Platform to send anything prohibited by carrier rules, including messages about illegal products.

We register messaging campaigns on your behalf with carriers in some cases. Doing so does not transfer your consent obligation to us, and we may suspend messaging on your account immediately if we receive a credible complaint, a carrier notice, or a spam-rate warning. See our SMS and Messaging Terms.

Acceptable use

You agree not to:

Use the Platform for anything unlawful, or to sell anything you are not licensed to sell.
Attempt to access another merchant's data, or any account or system you were not granted access to.
Probe, scan, load-test or attempt to defeat the Platform's security or rate limits without our written permission.
Reverse engineer, decompile or copy the Platform, or build a competing product from it.
Resell, sublicense or provide the Platform to a third party as your own service.
Interfere with the Platform's operation, including by overloading it or introducing malicious code.
Use the AI assistant to generate unlawful, deceptive or infringing content, or to impersonate a person or business.
Falsify records in the Platform to mislead a tax authority, an investor, a lender or an employee.

We may suspend or close an account that violates this section. Where the violation is putting other merchants, your customers, or our vendor relationships at risk, we may act immediately and tell you afterwards.

The AI assistant

The Platform includes an AI assistant ("Daisy") and may include an AI phone receptionist and AI-drafted marketing. These features use third-party AI models and generate text, images and recommendations automatically.

AI output can be wrong, incomplete or out of date, and it can be confidently wrong. It is not legal, financial, tax, accounting, employment, insurance or food-safety advice. Review AI output before you rely on it, publish it, send it to a customer, or act on it — especially anything that touches pricing, payroll, scheduling, taxes or a legal obligation. Consult a qualified professional for those decisions.

You are responsible for content the AI publishes on your behalf, including social posts and customer messages, exactly as if you had written it yourself.
AI-generated figures, forecasts and inventory or labor suggestions are estimates, not audited numbers. Your own records govern.
Do not enter information in AI features that you are not willing to send to a third-party AI provider. The providers are listed in our Data Processing Terms.
AI features depend on third-party services and quotas, and may be unavailable, rate-limited, changed or discontinued.

Third-party services

The Platform connects to services run by other companies — the payment gateway, messaging and email providers, mapping, social networks and design tools among them. Some of those you connect yourself using your own account.

Those services operate under their own terms and privacy policies, and we do not control them. We are not responsible for a third-party service's outage, pricing change, data practices, or decision to suspend or close your account. If a third party withdraws a capability, the related Platform feature may stop working.

Hardware

Card readers, tablets, printers, cash drawers and other equipment are manufactured by third parties. Any warranty on equipment is the manufacturer's, and their return and repair policy applies. We provide no warranty on hardware. See the Refund and Cancellation Policy for returns.

Intellectual property

We own the Platform: the software, its design, the Cobblestone POS name and logo, and everything we create in providing it. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Platform for your own business while your account is active. Nothing more is granted, by implication or otherwise.

You own your content: your menu, prices, photos, branding, business records, customer data and anything else you put into the Platform. You grant us only the license we need to host, process, transmit, back up and display it in order to run the Platform for you, and to show your branding on your own ordering site and displays.

You confirm you have the rights to the content you upload, including photos and logos. If you send us feedback or a feature suggestion, we may use it freely and without obligation to you.

Service availability

We work to keep the Platform running, but we do not promise any particular uptime, and the free Platform comes with no service level agreement. The Platform may be unavailable for maintenance, for a third-party outage, or for reasons outside our control.

The register keeps working through a network outage for most operations and queues what it cannot send; a queued sale appears in reports once it syncs. Even so, you should keep a way to take payment and record a sale if the Platform, your internet connection, or the gateway is down. We are not liable for lost sales during an outage.

Export your data periodically. Reports, sales history and customer lists can be exported from the admin panel, and keeping your own copy is good practice regardless of these Terms.

Disclaimer of warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, timely, secure or error-free; that data, reports or AI output will be accurate or complete; or that defects will be corrected. No advice or information, whether from us or from the AI assistant, creates any warranty.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SALES, LOST GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE PLATFORM IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND US DOLLARS ($1,000).

You acknowledge that the Platform is provided free of charge, that this allocation of risk is a basis of the bargain, and that we would not provide the Platform on these terms without it. These limits do not apply to liability that cannot be limited by law, and nothing here limits either party's liability for fraud or willful misconduct.

Indemnification

You agree to defend, indemnify and hold harmless Cobblestone POS, its members, officers and personnel from any claim, demand, loss, liability, fine, penalty or expense (including reasonable legal fees) arising out of or relating to:

Your use of the Platform, or use by anyone acting under your account.
Your content, including your menu, prices, photos, allergen and nutrition information, and anything the AI published on your behalf.
Your messaging and marketing, including any claim under the Telephone Consumer Protection Act or a comparable law, and any claim that you messaged a person without consent.
Your handling of your customers' personal information outside the Platform, and your own privacy disclosures.
A dispute between you and your customer, your employee, your vendor, your processor or its sponsoring bank.
Your breach of these Terms or of any law applicable to your business.

We will tell you promptly about a claim, let you control the defense of claims that are solely about your conduct, and cooperate reasonably. You may not settle a claim in a way that imposes an obligation on us without our written consent.

Term and termination

These Terms run for as long as your account is open.

You may stop at any time. There is no contract term, no notice period and no early-termination fee. Email us at hello@cobblestonepos.com to close your account.
We may terminate for breach of these Terms, for unlawful or abusive use, if a vendor we depend on requires it, or on 30 days written notice for any other reason. We may suspend an account immediately where continued use presents a security, legal or carrier-compliance risk.

When an account closes, your right to use the Platform ends. For 30 days after closure you may request an export of your data, and we will provide it in a usable format at no charge. After that window we delete or de-identify your data in the ordinary course, except where we must retain records to meet a legal, tax, accounting or dispute-resolution obligation.

Closing your Cobblestone POS account does not close your merchant account with the processor, and does not end that agreement. Contact the processor separately.

The sections on card data responsibility, your data, intellectual property, disclaimers, limitation of liability, indemnification, governing law and dispute resolution survive termination.

Changes

We may change the Platform, including adding, altering or discontinuing features. Where a change removes a feature you rely on, we will give reasonable advance notice.

We may also update these Terms. If a change is material, we will give notice by email or in the admin panel at least 30 days before it takes effect, and update the "Last updated" date above. Using the Platform after a change takes effect means you accept the revised Terms. If you do not accept them, close your account before the effective date.

Governing law

These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Dispute resolution

Talk to us first

Before starting a formal proceeding, send a written description of the dispute and the relief you want to hello@cobblestonepos.com. We will do the same for you. Both parties agree to try in good faith to resolve it informally for 30 days. Most problems end here.

Binding arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Platform will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Vanderburgh County, Indiana. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

Either party may instead bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or other equitable relief in a court located in Vanderburgh County, Indiana to protect intellectual property, confidential information, or Platform security, without first arbitrating.

No class actions

Disputes will be resolved only on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or preside over a representative action. If this paragraph is found unenforceable as to a particular claim, that claim proceeds in court in Vanderburgh County, Indiana and the rest of this section still applies.

Any claim must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law.

Other terms

Entire agreement. These Terms, together with the Privacy Policy, Data Processing Terms, SMS and Messaging Terms and Refund and Cancellation Policy, are the whole agreement between us about the Platform and supersede any prior discussion or proposal.
Severability. If a provision is unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force.
No waiver. Not enforcing a provision once is not a waiver of it.
Assignment. You may not assign these Terms without our written consent, except to a successor that acquires your business and assumes them. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
Force majeure. Neither party is liable for a failure to perform caused by something outside its reasonable control, including a utility, network, carrier, processor or cloud provider outage, a natural disaster, or an act of government.
Notices. We may give notice by email to the address on your account or in the admin panel. Send notices to us at hello@cobblestonepos.com.
Independent parties. Nothing here creates a partnership, joint venture, franchise, agency or employment relationship.
No third-party beneficiaries. These Terms do not give rights to anyone other than you and us.

Contact

Questions about these Terms: hello@cobblestonepos.com.