small-kds

small-kds — Terms of Service

Effective date: 4 July 2026

These Terms of Service (the "Terms") are a legal agreement between you (the business you represent, "you", "your") and Cann River Hospitality Pty Ltd (ABN 43 667 030 051), a company incorporated in Australia ("we", "us", "our"), and govern your access to and use of the small-kds application (the "App") and the small-kds website and licensing/billing service at smallkds.com (together, the "Service").

The App is published on Google Play by Pizza Investment Group Pty Ltd, a related company within the same corporate group. Cann River Hospitality Pty Ltd is the contracting party under these Terms and the biller of your subscription.

By downloading, installing, connecting your Square account to, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Not affiliated with Square. small-kds is an independent product. It is not affiliated with, endorsed by, or sponsored by Square or Block, Inc. "Square" is a trademark of Block, Inc. Your use of Square is governed by your own separate agreement with Square.

1. Definitions

2. The Service

small-kds turns an Android tablet into a live kitchen display ("KDS") for merchants who use Square. Once you connect the App to your Square account, it reads your live Square orders and displays them as large tickets with aging timers. Subject to an active Subscription for a Location, you may run unlimited Screens per Location.

The App reads your Square Data solely to display it to you. Your authentication credentials and chosen location are stored securely on the device, and the App does not send your order content to our servers (see our Privacy Policy).

3. Eligibility

The Service is for business use. You represent that you are at least 18 years old, and that you have authority to accept these Terms on behalf of the business that holds the relevant Square account.

4. Square account requirement and dependency

1. You must have your own Square account. The Service does not provide, and is not a substitute for, a Square account. You are responsible for maintaining your Square account and complying with Square's terms. 2. We access only your own Square Data. The App uses the credentials you authorise to read data from your Square account, for the sole purpose of displaying it to you. You are responsible for the Square Data and for the credentials you connect. 3. Dependency and availability. The Service depends on the availability and behaviour of Square and other third-party services (including our payment processor and infrastructure providers). We do not control these services. If Square changes, limits, suspends, or discontinues its services or your access to them, the Service may be interrupted or cease to function, through no fault of ours. 4. No affiliation. As stated above, we are independent of and not affiliated with, endorsed by, or sponsored by Square or Block, Inc.

5. Licence and acceptable use

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on devices you control, for your internal business operation of a KDS at your Location(s).

You agree that you will not, and will not permit any third party to:

6. Subscription, pricing, and billing

1. Per-Location subscription. Access to the board is gated per Location by an active Subscription. Each Location requires its own Subscription; each Subscription entitles you to unlimited Screens for that Location. 2. Price. The first month is $1, and thereafter the price is $10 per Location per month (or the local equivalent we display at checkout: USD/CAD/AUD/GBP/EUR 10, or JPY 1500). Prices are set in the currency shown at checkout. 3. Taxes. All prices are exclusive of tax. Any applicable GST, VAT, sales, or similar taxes are added based on your location and will be shown at checkout and/or on your invoice. You are responsible for those taxes. 4. Billing cycle. Subscriptions are billed monthly in advance and renew automatically each month until cancelled. By subscribing you authorise us (through our payment processor) to charge your payment method on each renewal. 5. Payment processor. Billing is handled by a third-party payment processor. Your payment is subject to that processor's terms and privacy policy. We do not receive or store your full card details. 6. Price changes. We may change our prices. We will give you reasonable advance notice (for example by email or in-App) before a change applies to your next renewal. If you do not agree to a price change, you may cancel before it takes effect. 7. Complimentary and prepaid access. We may grant a Location complimentary or prepaid access independently of your paid billing. Where we do, your effective access is the later of any such grant and any active paid period; a grant does not create an ongoing obligation on us to continue it.

7. Cancellation and refunds

1. Cancel anytime, self-service. You may cancel a Subscription at any time through the subscription management portal on the web at smallkds.com/account. Cancellation stops future renewals. (The App's Account screen displays your subscription status; billing is managed on the web, not in the App.) 2. Access after cancellation. When you cancel, your access continues until the end of the paid period you have already been billed for, and is not renewed after that. A cancelled or lapsed Location loses access within about a day. 3. Refund stance. Except where a refund is required by law (including under the Australian Consumer Law — see section 9), fees are non-refundable, and we do not provide partial or pro-rata refunds for a partial month or for periods in which you did not use the Service. The $1 first month is a discounted introductory price and lets you trial the Service before you are charged the standard price. 4. Nothing in this section limits your non-excludable rights under the Australian Consumer Law or other applicable consumer law.

8. Term, suspension, and termination

1. These Terms apply for as long as you use the Service. 2. You may stop using the Service at any time by cancelling your Subscription(s) and uninstalling the App. 3. We may suspend or terminate your access, on notice where practicable, if: you breach these Terms; you fail to pay fees when due; your use poses a security, legal, or operational risk; or we are required to do so by law or by a third-party provider (such as Square or our payment processor). 4. We may also discontinue the Service (in whole or part) as described in section 11. On termination, the licence in section 5 ends and you must stop using the App; sections that by their nature should survive (including sections 5, 9, 10, 12, and 13) survive termination.

9. Consumer guarantees, disclaimers, and warranties

1. Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the **Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where we are permitted to limit our liability for a breach of a non-excludable guarantee (other than guarantees relating to title, undisturbed possession, or undisclosed securities), our liability is limited, at our option, to re-supplying the services (or paying the cost of re-supply) or, for goods, replacing or repairing them (or paying the equivalent cost). 2. Otherwise "as is". Subject to section 9.1 and to the fullest extent permitted by law, the Service is provided "as is" and "as available", and we make no other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, availability, or uninterrupted or error-free operation. 3. Dependency disclaimer.** We do not warrant that the Service will be compatible with future changes to Square, our payment processor, Android, or other third-party platforms, or that Square Data will be complete, accurate, or available. The Service is a display aid; you remain responsible for your own operations, food safety, order fulfilment, and record-keeping.

10. Limitation of liability

1. This section applies to the fullest extent permitted by law and is subject to section 9.1 (nothing here limits non-excludable rights under the Australian Consumer Law). 2. To the extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or exemplary loss, or for loss of profits, revenue, goodwill, data, or business, arising out of or in connection with the Service, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility of such loss. 3. To the extent permitted by law, our total aggregate liability arising out of or in connection with the Service and these Terms is limited to the greater of (a) the total fees you paid to us for the Service in the three (3) months immediately before the event giving rise to the liability, and (b) AUD $100. 4. We are not liable for any failure or delay caused by matters beyond our reasonable control, including the acts, changes, outages, or discontinuation of third-party services such as Square, our payment processor, our infrastructure providers, Google, or your device, network, or internet connection.

11. Changes to the Service

We are continually improving the Service and may add, change, suspend, or remove features. Where a change would materially reduce the core functionality you pay for, we will use reasonable efforts to give you advance notice, and section 7 (cancellation) remains available to you.

12. Intellectual property

The Service, the App, and all related software, content, and trademarks (excluding your Square Data and third-party marks such as "Square") are owned by us or our licensors and are protected by intellectual property laws. Except for the licence in section 5, no rights are granted to you. You retain all rights in your Square Data; you grant us only the limited rights needed to operate the Service for you (for example, to display your Square Data to you and to process your Subscription).

13. Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from claims, liabilities, losses, and reasonable costs (including legal costs) arising out of: (a) your use of the Service; (b) your Square Data and your handling of your customers' information; (c) your breach of these Terms; or (d) your violation of any law or third-party right, including Square's or our payment processor's terms.

14. Third-party services

The Service integrates with third-party services, including Square (order data), our payment processor (payments), and our infrastructure providers (licensing/hosting). Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. See our Privacy Policy for how information is handled.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date above and, where appropriate, provide additional notice (for example on smallkds.com or in the App). Changes apply from the date they take effect; your continued use of the Service after that date means you accept the revised Terms. If you do not agree, stop using the Service and cancel your Subscription.

16. Governing law and venue

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict-of-laws rules. You and we submit to the non-exclusive jurisdiction of the courts of Victoria, Australia (and courts competent to hear appeals from them) for any dispute arising out of or in connection with these Terms or the Service. Nothing in this section limits any non-excludable right you have to bring proceedings, or to rely on consumer protections, in your own jurisdiction where the law so requires.

17. General

18. Contact us

Cann River Hospitality Pty Ltd (ABN 43 667 030 051) General: hello@smallkds.com Support: support@smallkds.com Website: smallkds.com Registered office: 5/12 Rohs Road, East Bendigo VIC 3550, Australia