Terms of service

Last updated 24 June 2026

These terms of service (“Terms”) govern your access to and use of the brulee point-of-sale and operations platform, our websites, and related services (together, the “Service”). The Service is provided by Astir Technology, trading as brulee (ACN 699 273 991) (“brulee”, “we”, “us”, “our”).

By creating an account, subscribing to a plan, or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a business, you confirm that you have authority to bind that business, and “you” and “Merchant” refer to that business. If you do not agree, do not use the Service.

1. About these terms

These Terms form a binding agreement between you and brulee. They incorporate, by reference, our Privacy Policy, our Acceptable Use Policy, our Cookies notice, and any plan, order or pricing details we present at sign-up or on our pricing page. Where there is a conflict, an order or plan-specific term you expressly agree to prevails over the general body of these Terms.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other law that cannot lawfully be excluded. Where those rights apply, these Terms operate subject to them.

2. Definitions

• Service — the brulee software, websites, applications, APIs, and related support and features we make available.
• Merchant — the business that holds the account and subscribes to the Service.
• Authorised User — an owner, operator, employee or contractor you permit to access the Service under your account.
• Customer Data — information you or your Authorised Users enter into, or generate through, the Service, including orders, menus, configuration, and records about your own customers.
• Location — a single trading venue or site licensed under your subscription.
• Subscription — the plan, term and fees you select for your use of the Service.
• AI Features — features of the Service that use machine-learning models to assist you, such as menu extraction, drafting and operational insights.

3. Eligibility and your account

The Service is for business use. To use it you must be at least 18 years old and able to form a binding contract. You agree to provide accurate, current and complete information when you register, and to keep it up to date.

You are responsible for your account and for all activity under it, including the acts and omissions of your Authorised Users. You must keep sign-in credentials and staff access codes confidential, assign access appropriate to each person’s role, and remove access promptly when it is no longer needed. Tell us as soon as you become aware of any unauthorised use of your account.

4. The Service and plans

We offer the Service across a free tier and several paid plans, including bundled plans, as set out on our pricing page. Each plan describes the features, included seats and any usage limits that apply. Your entitlements depend on the plan you select.

We are continually improving the Service. We may add, change or remove features from time to time. We will not make a change that materially reduces the core functionality of a paid plan during a period you have already paid for without offering you a reasonable remedy (such as a comparable feature, notice, or a pro-rata refund of the affected period).

5. Subscriptions, billing and taxes

Paid plans are charged in Australian dollars on a per-Location, per-month basis (or annually where you choose an annual term). Prices shown are inclusive of GST unless stated otherwise. Annual terms are billed up front and may include a discount equivalent to two months’ fees compared with paying monthly.

Subscriptions renew automatically for successive periods (monthly or annual, matching your term) until cancelled. By subscribing, you authorise us, through our payment processor, to charge your nominated payment method for the recurring fees and any applicable usage-based charges (such as additional seats or add-ons) until you cancel.

Usage-based and add-on charges

Some items are charged in addition to your plan fee — for example additional Authorised User seats beyond those included, or optional add-ons such as a custom domain. These are billed at the rates shown at the time you add them.

Failed payments

If a payment fails, we may retry it and notify you. If fees remain unpaid after a reasonable period, we may suspend or downgrade paid features until the account is brought up to date, as described in section 7.

Price changes

We may change our fees. For changes that affect your current plan, we will give you reasonable advance notice (at least 30 days), and the new price will take effect from your next renewal. If you do not agree to a price change, you may cancel before it takes effect.

Refunds

Except where required by the Australian Consumer Law or expressly stated, fees are non-refundable and there are no refunds or credits for partial periods, downgrades, or unused features. This does not limit any right to a remedy you have under law.

6. Trials and promotions

We may offer free trials or promotional pricing. Unless we say otherwise, a trial converts to a paid Subscription at the end of the trial period and your payment method will be charged at the then-current rate unless you cancel beforehand. We may change or withdraw a trial or promotion at any time, and limit eligibility (for example, to new customers).

7. Cancellation, suspension and termination

You may cancel your Subscription at any time from your account or by contacting us. Cancellation takes effect at the end of your current billing period; you keep access to paid features until then, and you will not be charged for the following period.

We may suspend or terminate your access, in whole or in part, if you materially breach these Terms (including non-payment or breach of the Acceptable Use Policy), if required by law, or if your use poses a security or legal risk to us, other users, or third parties. Where practical and lawful, we will give you notice and an opportunity to fix the problem first.

On termination, your right to use the Service ends. We handle your data after termination as described in our Privacy Policy — including making transaction records available, and our retention of certain records where the law requires it (for example, tax records). You are responsible for exporting or retrieving any data you need before your account closes.

8. Payments and EFTPOS

brulee is payments-agnostic. Where you connect card payments, those payments are processed by independently certified payment providers and terminals, under the terms of your arrangement with the relevant provider or your bank. We are not the merchant of record and we are not a payment processor. Your relationship with your payment provider or acquiring bank — including fees, settlement, chargebacks and disputes — is between you and them.

We do not take any markup or commission on payments processed through your own connected EFTPOS provider; our revenue comes from your Subscription. Where you choose an optional built-in card-acceptance path that we facilitate, any processing fee for that path is disclosed to you before you enable it.

We handle as little payment data as possible. We never collect, store or have access to full card numbers, security codes, PINs entered on terminals, or magnetic-stripe / chip data. We hold only limited payment metadata (such as card brand, the last four digits, and a transaction reference) to operate the Service. We maintain payment-card handling practices consistent with the lowest applicable PCI DSS scope for our role.

9. Your data and content

As between you and us, you own your Customer Data. You grant us a non-exclusive, worldwide licence to host, process, transmit, display and otherwise use Customer Data only as needed to provide, secure, support and improve the Service, and as described in our Privacy Policy.

You are responsible for your Customer Data and for having the necessary rights and lawful basis to collect and use it through the Service. In particular, where you use the Service to send marketing or commercial electronic messages to your own customers, you are the sender for the purposes of the Spam Act 2003 (Cth) and you are responsible for obtaining the required consent and providing a functional unsubscribe option.

10. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. In short: where we handle personal information about you and your Authorised Users, we are responsible for it; where you use the Service to handle information about your own customers, you decide what to collect and why, and we process that information on your behalf and on your instructions.

11. AI features

The Service includes AI Features that assist you — for example, extracting items from a photographed menu, drafting content, or surfacing operational insights. AI Features are tools to support your decisions, not a substitute for your own judgement.

• Output from AI Features is generated as a draft by default and is not published, sent, or acted on automatically. You must review and approve it before it affects anything customer-facing.
• AI output may be inaccurate, incomplete or unsuitable for a particular purpose. You are responsible for checking it before you rely on it. It is not professional, financial, legal or tax advice.
• You are responsible for content you choose to publish or send after reviewing an AI draft, just as you are for any other content you create in the Service.

12. Acceptable use

Your use of the Service must comply with our Acceptable Use Policy, which forms part of these Terms. Among other things, you must not use the Service unlawfully, infringe others’ rights, interfere with or probe the Service’s security without authorisation, or misuse AI Features. Breach of that policy is a material breach of these Terms.

13. Third-party services and channels

The Service can connect to third-party services you choose to use — for example payment providers, accounting tools, and online ordering or delivery marketplaces. Your use of those services is governed by your own agreement with each provider, and any fees or commissions they charge (for example, a delivery marketplace’s commission) are between you and that provider. We pass such charges through without adding a markup. We are not responsible for third-party services, and connecting them is at your discretion.

14. Intellectual property

We and our licensors own all rights in the Service, including its software, design, and the brulee name and brand. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your business during your Subscription. You must not copy, modify, resell, reverse engineer, or create derivative works of the Service except to the extent the law permits despite this restriction. If you give us feedback or suggestions, we may use them without obligation to you.

15. Availability and support

We work to keep the Service available and reliable, and provide support through the channels described in the product and on our website. From time to time the Service may be unavailable — for example during planned maintenance, or due to events outside our reasonable control. Where practical we will give advance notice of planned maintenance that is likely to cause material disruption. We provide the Service on a reasonable-efforts basis and, except where a specific service-level commitment is agreed with you in writing, we do not guarantee uninterrupted or error-free operation.

16. Warranties and consumer rights

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies those guarantees.

To the extent permitted by law, and subject to those non-excludable guarantees, the Service is provided “as is” and “as available”, and we exclude all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

17. Limitation of liability

Nothing in these Terms limits liability that cannot be limited by law, including liability under the Australian Consumer Law for failure to meet a non-excludable guarantee. Where our liability for failing to meet a non-excludable guarantee can be limited, our liability is limited (at our option) to re-supplying the relevant services or paying the cost of having them re-supplied.

Subject to the paragraph above, and to the maximum extent permitted by law: (a) neither party is liable for any indirect, incidental, special or consequential loss, or loss of profits, revenue, goodwill, or data, however arising; and (b) our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the amount of fees you paid us for the Service in the twelve months immediately before the event giving rise to the liability.

18. Indemnity

You agree to indemnify us against claims, losses, liabilities and reasonable costs arising from your Customer Data, your content, your use of the Service in breach of these Terms or the Acceptable Use Policy, your breach of law, or your failure to obtain required consents (including for messages you send to your own customers). We will notify you of any such claim and allow you to participate in its defence. This indemnity does not apply to the extent the claim arises from our breach of these Terms or our negligence.

19. Confidentiality

Each party may receive non-public information from the other in connection with the Service. Each party agrees to use the other’s confidential information only to perform under these Terms, to protect it with reasonable care, and not to disclose it except to its personnel or advisers who need it and are bound by similar obligations, or where disclosure is required by law. This does not apply to information that is or becomes public through no fault of the receiving party, or that was already known to it without an obligation of confidence.

20. Changes to the Service and these terms

We may update these Terms from time to time to reflect changes to the Service, our practices, or legal requirements. When we do, we will revise the “last updated” date above and post the new version here. If the changes are material, we will take reasonable steps to let you know in advance. Your continued use of the Service after the changes take effect means you accept the updated Terms; if you do not agree, you may cancel as described in section 7.

21. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State and the courts able to hear appeals from them. Before starting formal proceedings, both parties agree to first try in good faith to resolve any dispute by contacting each other and discussing it. This does not prevent either party from seeking urgent interlocutory relief.

22. General

• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.
• Severability. If any provision is found unenforceable, the rest of these Terms continue in effect.
• Waiver. A failure to enforce a provision is not a waiver of our right to do so later.
• Entire agreement. These Terms, together with the documents they incorporate, are the entire agreement between you and us about the Service.
• Notices. We may give notices through the Service or to the contact details on your account; you can reach us at the address below.
• Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.

Contact us

Questions about these Terms? Contact us at hello@bruleepos.com.au.

See all of our legal & terms documents.