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Terms of Use

Aimer Terms of Service

The terms governing all Aimer products and services · New Zealand & Australia

Effective 16 July 2026

Parties & background

Aimer continuously develops and expands its Products and Services. Unless Aimer specifies additional or product-specific terms, any new Product or Service the Customer orders, enables or uses is governed by these Terms, which apply to it from first use.

These Terms govern the Customer’s use of all products and services provided by Aimer, including software, hardware, payment services, online ordering, integrations and any future products or services (together, the Products and Services). Aimer provides them as a platform; where regulated payment processing is involved, it is provided by a Processing Partner. These Terms set out the parties’ rights and obligations; the commercial terms are set out separately in the Commercial Schedule. It is agreed as follows.

Part I — General

1. Definitions and interpretation

1.1 In these Terms, unless the context requires otherwise, the following definitions apply:

Aimer — the Aimer contracting entity identified in the applicable Schedule.

AimerPay — Aimer’s payment service, provided as a platform and payment facilitator using a Processing Partner.

Agreement — the Order, these Terms, the applicable Schedule, the Aimer Privacy Policy, and (where AimerPay is used) the Processing Partner Terms, PCI SAQ and Processing Partner Privacy Statement.

Chargeback Fee — the fee for each chargeback, as stated in the applicable Schedule.

Commercial Schedule — the commercial particulars — the products selected, prices, fees and any bundle terms — set out in or with the Order. All commercial terms are contained in the Commercial Schedule.

Customer — the person identified as the customer in the Order.

GST — the goods and services tax applying in the Customer’s jurisdiction.

Hardware — the point of sale hardware supplied to the Customer under the Order.

Merchant Service Fee — the fee payable by the Customer for processing a payment, at the rate stated in the Commercial Schedule.

Order — the Customer’s order for Aimer products or services, whether by a signed Service Agreement, an online order, or portal registration.

PCI SAQ — the applicable PCI DSS Self-Assessment Questionnaire (currently SAQ B-IP) and Attestation of Compliance.

Processing Partner — the third-party financial services provider Aimer engages from time to time to provide the regulated payment processing and acquiring for AimerPay. Aimer may engage one or more Processing Partners. The current Processing Partner is Adyen (Adyen N.V. and its local entity identified in the applicable Schedule).

Processing Partner Terms — the Processing Partner’s terms and conditions that apply to the Customer, currently the Adyen for Platforms Terms and Conditions, including any documents it incorporates or requires the Customer to accept.

Products and Services — all products and services Aimer makes available from time to time, including (without limitation) the Software, the Hardware, AimerPay, online ordering, and any future products, features or modules. A reference to a Product or Service includes any new one Aimer adds.

Refund Fee — the fee for each refund, as stated in the applicable Schedule.

Scheme Rules — the rules of the relevant card scheme owners and acquirers.

Settlement — the payment of funds for processed transactions to the Customer, net of fees and any reserve.

Software — the Aimer point of sale software and related services provided on subscription.

1.2 In these Terms:

  1. headings are for convenience only; the singular includes the plural; and “including” and “for example” are not words of limitation;
  2. a reference to a statute or document (including the Processing Partner Terms and the Scheme Rules) is to it as amended or replaced from time to time; and
  3. if documents forming the Agreement conflict, the order of precedence in clause 2 applies.

2. The Agreement and acceptance

2.1 The Agreement is made up of the following documents. If they conflict, they take precedence in this order (highest first):

  • 1 — The Order and Commercial Schedule (products, prices, fees, bundle terms)
  • 2 — The applicable country Schedule (New Zealand or Australia)
  • 3 — These Terms
  • 4 — Where AimerPay is used: the Processing Partner Terms and the PCI SAQ
  • 5 — The Aimer Privacy Policy and the Processing Partner Privacy Statement

2.2 These Terms apply to every Aimer product and service, however ordered. A new Aimer product may be added by a further Part or Schedule without affecting the rest of the Agreement.

2.3 The Customer accepts these Terms by any of the following, each being sufficient on its own:

  1. signing the Order;
  2. ticking the acceptance box or clicking “I agree” during registration; or
  3. accepting in an Aimer or AimerPay portal, or continuing to use a service after being presented with these Terms.

2.4 Where the Customer uses AimerPay, it also authorises Aimer, as its authorised representative, to accept the Processing Partner Terms and to complete and submit the PCI SAQ on its behalf under clause 15. The Customer is bound by the Processing Partner Terms as if it had accepted them directly.

2.5 The Schedule for the Customer’s jurisdiction forms part of these Terms and prevails over Parts I to III to the extent of any inconsistency. The current version of these Terms is published at aimerhq.com/terms_of_use.

2.6 The person accepting these Terms warrants that they are authorised to bind the Customer. The Customer acquires the products and services in trade for its business purposes, except where a non-excludable consumer law applies (see the applicable Schedule).

3. Charges, payment and GST

3.1 All charges are as stated in the Commercial Schedule. The Customer authorises Aimer (through its billing provider) to direct debit all subscription and service charges from the nominated account per the billing schedule. All charges are exclusive of GST, which is payable in addition. Aimer may change prices under clause 9.

3.2 The Customer is responsible for determining, collecting and remitting all taxes on its own sales. Aimer may charge interest on overdue amounts and recover reasonable collection costs.

4. Customer data

4.1 As between the parties, the Customer owns the business and transaction data it enters into the Software. The Customer grants Aimer a licence to host and process that data to provide the services and, in de-identified or aggregated form, to operate and improve Aimer’s products. Aimer maintains reasonable security measures appropriate to the data. The Customer may export its data during the term, and for at least 30 days after termination, after which Aimer may delete it subject to law. The Customer is responsible for the accuracy and lawfulness of the data it enters.

5. Confidentiality

5.1 Each party will keep the other’s non-public information confidential and use it only to perform the Agreement, except where disclosure is required by law or made to advisers under equivalent obligations. This clause survives termination.

6. Privacy and personal data

6.1 Each party will comply with the privacy law of the Customer’s jurisdiction (see the applicable Schedule). Aimer handles personal information under the Aimer Privacy Policy (aimerhq.com/privacy-policy); the Processing Partner does so under its Privacy Statement. The Customer acknowledges that personal information may be processed by Aimer’s and the Processing Partner’s providers and group companies overseas, and warrants it has a lawful basis and has given any required notice. Each party will meet applicable data-breach notification obligations.

7. Liability and indemnity

7.1 Nothing in the Agreement excludes liability that cannot lawfully be excluded, including under any non-excludable consumer guarantee, or for fraud, or for death or personal injury caused by negligence.

7.2 Subject to clause 7.1 and the applicable Schedule, neither party is liable for indirect or consequential loss, or loss of profit, revenue, business, goodwill or data; and Aimer’s total liability in any 12-month period is limited to the charges paid by the Customer to Aimer in that period.

7.3 The Customer indemnifies Aimer against losses arising from the Customer’s breach of the Agreement, the Scheme Rules or applicable law, and from the Customer’s products, services and data. The payment indemnity in clause 18 applies in addition.

7.4 To the extent permitted by law and subject to clause 7.1, the products and services are provided on an “as is” basis and Aimer excludes all other warranties, terms and conditions that would otherwise be implied.

7.5 The limit in clause 7.2 does not apply to the Customer’s obligation to pay charges, or to the Customer’s indemnities (including the payment indemnity in clause 18), which are not limited by that clause.

8. Term, suspension and termination

8.1 The Agreement starts on acceptance and continues until terminated. Either party may terminate a subscription on 30 days’ written notice.

8.2 Aimer may suspend or terminate a service immediately by notice if:

  1. the Customer materially breaches the Agreement (including non-payment) and does not remedy it within a reasonable period (for non-payment, within 7 days of notice);
  2. the Customer becomes insolvent; or
  3. required by the Processing Partner, an acquirer, a scheme owner, a regulator or applicable law.

8.3 On termination, licences end and outstanding charges fall due. Accrued rights and clauses intended to survive continue.

9. Changes to these Terms

9.1 Aimer may change these Terms or prices on at least 30 days’ notice (which may be electronic), except that a change required by law, the Scheme Rules or a regulator, acquirer or scheme owner may take effect sooner. If a change (other than a legally-required change) materially disadvantages the Customer and it does not agree, it may terminate the affected service before the change takes effect. Continued use after the effective date is acceptance.

10. Complaints and disputes

10.1 Complaints should be raised with the Customer’s Aimer account manager or support. Before starting proceedings (other than for urgent relief), the parties will first negotiate in good faith between senior representatives for 30 days. Jurisdiction-specific complaint bodies are noted in the applicable Schedule. Complaints about the payment processing follow the Processing Partner Terms.

11. General

11.1 Relationship. The parties are independent contractors; nothing creates a partnership, joint venture or agency.

11.2 Assignment. The Customer may not assign the Agreement without Aimer’s consent; Aimer may assign to a group company or on a business transfer.

11.3 Electronic dealings & notices. The parties consent to electronic execution, acceptance and notices, which are binding.

11.4 Third parties. Except for Aimer’s group companies and the Processing Partner (for the payment layer), no third party may enforce the Agreement. In New Zealand, subpart 1 of Part 2 of the Contract and Commercial Law Act 2017 is excluded except as stated.

11.5 Other. Force majeure applies to events beyond a party’s reasonable control. If a provision is unenforceable, the rest continues. The Agreement is the entire agreement on its subject matter. Aimer may name the Customer as a customer unless the Customer opts out. English prevails over any translation.

11.6 Waiver. A failure or delay in exercising a right is not a waiver of it, and a single or partial exercise does not prevent any further exercise.

12. Governing law

12.1 The Software, Hardware and AimerPay arrangements between Aimer and the Customer are governed by the law, and subject to the courts, stated in the applicable Schedule. The payment processing layer is separately governed as set out in the Processing Partner Terms.

Part II — POS Software and Hardware

13. Software subscription and licence

13.1 Aimer grants the Customer a non-exclusive, non-transferable, revocable licence to use the Software for its own business during the subscription. The subscription is open-term (month-to-month) and continues until terminated under clause 8. Aimer and its licensors retain all intellectual property in the Software.

13.2 The Customer will use the Software and Hardware only for lawful business, and will not (and will not allow any user to):

  1. resell, sub-licence or share access except as permitted, or copy, modify or reverse-engineer the Software (except as allowed by law);
  2. circumvent security or usage limits, or introduce malicious code; or
  3. use the services for any activity prohibited by law, the Scheme Rules, or the Processing Partner’s prohibited/restricted list.

13.3 Aimer may update or change Software features, but will not materially reduce the core functionality of a paid feature except to meet industry standards, law, the Scheme Rules or security needs. The Software may integrate with third-party services, which are provided on the third party’s own terms; Aimer is not responsible for them.

13.4 Aimer provides the support described in the Commercial Schedule and uses reasonable efforts to keep the Software available, but does not warrant it will be uninterrupted or error-free.

14. Hardware

14.1 Hardware is sold to the Customer as a one-off purchase (the “purchase and subscribe” model). This is not a lease. Title passes on payment in full; risk passes on delivery. Aimer delivers and installs the Hardware (or provides remote-assisted setup) as stated in the Commercial Schedule; delivery dates are estimates.

14.2 Aimer warrants the Hardware against defects in materials and workmanship on a back-to-base basis for the warranty period stated in the Commercial Schedule, excluding damage from misuse, accident, unauthorised modification, consumables or fair wear and tear. This does not exclude any non-excludable consumer right (see the applicable Schedule).

Part III — Payments & Financial Services

15. Payment services

15.1 Where the Customer uses AimerPay, Aimer provides payment facilitation as a platform, and the Processing Partner provides the regulated payment processing. The roles are:

  • Platform / payment facilitator — Aimer
  • Merchant (sub-merchant) — the Customer
  • Processor — the Processing Partner (currently Adyen)
  • Shopper — the Customer’s paying customer

15.2 As the platform, Aimer performs onboarding, collects and verifies the Customer’s KYC information, manages the Customer’s account and settings, provides first- and second-line support, and manages risk and fraud controls. The Processing Partner provides the underlying regulated processing.

15.3 Authorisation to accept third-party payment terms. The Customer authorises Aimer, acting solely to onboard, maintain and administer AimerPay, to complete, acknowledge and accept on the Customer’s behalf any standard terms, disclosures, acknowledgements, declarations and questionnaires required by the Processing Partner, the card schemes or other payment service providers, provided the Customer has accepted these Terms and uses AimerPay. This includes:

  1. the Processing Partner Terms (so the Customer is bound as if it had accepted them directly);
  2. the Customer’s registration and KYC/AML information;
  3. the PCI SAQ; and
  4. settlement instructions and the Customer’s account and settings.

15.4 Any acceptance completed by Aimer under clause 15.3 is deemed to have been made with the Customer’s authority and has the same effect as if completed directly by the Customer. Aimer will record and retain evidence of the Customer’s acceptances as the Processing Partner requires. The Customer may vary or revoke this authority on notice, but doing so may prevent AimerPay from operating.

15.5 The Customer will provide true, accurate and complete registration and KYC information, keep it current, and notify Aimer of changes. Approval is at the Processing Partner’s discretion, and no Settlement is made until it has verified the required information.

15.6 The Processing Partner Terms are the Processing Partner’s standard terms; they are governed as stated in those terms (currently Dutch law with ICC arbitration in Amsterdam), cap the Processing Partner’s liability to the Customer, and may be amended by it. Aimer does not negotiate them and passes on updates.

15.7 Aimer completes and submits the applicable PCI SAQ on the Customer’s behalf, from the information the Customer provides. The Customer warrants that this information is accurate and remains responsible for its own PCI DSS compliance, including that it will:

  1. use only approved payment devices;
  2. not copy, capture, intercept or store any card number, CVV/CVC or PIN data; and
  3. follow the Scheme Rules and notify Aimer of any change affecting compliance.

15.8 The Customer will not use AimerPay for any unlawful business or any business on the Processing Partner’s prohibited/restricted list, and will not itself act as a payment facilitator. It will comply with applicable anti-money laundering, counter-terrorism-financing and sanctions laws (see the applicable Schedule) and provide the information required for monitoring.

16. Pricing

16.1 The Merchant Service Fee, monthly fees and other standard payment charges are set out in the Commercial Schedule. Refund and chargeback fees are stated in the applicable Schedule. Pass-through, network and interchange fees, and higher rates for international and specialised cards, apply as stated in the Commercial Schedule or these Terms. All fees are exclusive of GST.

16.2 The Customer may surcharge card payments only as permitted by the Scheme Rules and the applicable Schedule.

17. Settlement

17.1 The Processing Partner makes Settlement directly to the Customer’s nominated bank account, net of the Customer’s fees and any reserve, at the frequency configured for the Customer. Aimer submits the Customer’s settlement instructions and may deduct or set off its fees and amounts due. AimerPay does not take title to, or hold, any Customer or Shopper funds, and Aimer is not the acquirer.

18. Refunds, chargebacks and reserves

18.1 The Customer is responsible for the amount of each refund or chargeback relating to its transactions, together with the applicable Refund Fee and Chargeback Fee stated in the applicable Schedule. The Chargeback Fee is non-refundable, including where the chargeback is later reversed. Fees and costs charged for the original transaction are not refunded merely because the transaction is later refunded, reversed or charged back.

18.2 The Customer is also responsible for any scheme fee, fine, assessment, currency-conversion difference and other third-party amount charged to or withheld from Aimer in connection with the Customer or its transactions. Aimer may pass on any such amount at the amount charged to or withheld from Aimer.

18.3 Aimer or the Processing Partner is not required to process a refund unless sufficient funds are available from Settlement, a reserve or funds provided by the Customer. Aimer may recover any amount due under this clause by deduction from Settlement or other funds payable to the Customer, set-off, application of a reserve or invoicing. The Customer must promptly clear any negative balance and remains liable if available funds are insufficient.

18.4 Aimer or the Processing Partner may establish or adjust a reserve in respect of the Customer’s actual or potential payment risk. The reserve may be funded by withholding amounts from Settlement or requiring the Customer to provide additional funds. It may be applied against amounts owed by the Customer and retained after suspension or termination until the relevant actual and potential liabilities have expired or been satisfied.

18.5 Aimer and the Processing Partner may apply or change fraud and risk controls. The Customer is responsible for any risk settings it configures. These controls do not guarantee that fraud, disputes, chargebacks or fines will be prevented. Aimer or the Processing Partner may decline, reverse or cancel a transaction suspected of fraud, crime or other prohibited activity. The Customer remains responsible for its transactions, subject to those controls.

18.6 The Customer indemnifies Aimer against all amounts charged to, deducted from or withheld from Aimer in connection with the Customer or its transactions, and all losses arising from the Customer’s transactions, its breach of the Agreement, or inaccurate, incomplete or misleading information, including information Aimer submits on the Customer’s behalf.

Schedule 1 — New Zealand

Applies where the Order states New Zealand; prevails over Parts I to III to the extent of any inconsistency.

Contracting entity. Advanced Intelligence Software Limited (trading as Aimer), registered office Level 5, 19 Como Street, Takapuna, Auckland 0622.

Processing Partner (current). Adyen New Zealand Limited (NZBN 9429042218128).

Currency & tax. Prices are in New Zealand dollars and exclusive of GST.

Refund and chargeback fees. Currently, the Refund Fee is NZD 0.10 for each refund, and the Chargeback Fee is NZD 25.00 for each chargeback. The Chargeback Fee is non-refundable, including where the chargeback is later reversed. Any applicable scheme or other third-party fee is passed on under clause 18. All fees are exclusive of GST.

Consumer law. Where the Customer acquires the goods or services in trade, the Consumer Guarantees Act 1993 and the relevant provisions of the Fair Trading Act 1986 are contracted out of to the extent permitted (sections 43 and 5D), which the parties agree is fair and reasonable. Non-excludable guarantees for consumers continue to apply.

Surcharging. Card surcharging is currently permitted, provided it does not exceed the cost of acceptance and is clearly disclosed, consistent with Commerce Commission guidance. The Customer will monitor changes to New Zealand surcharging regulation.

Privacy. The Privacy Act 2020 applies; overseas disclosure is under information privacy principle 12.

AML/CFT. The Customer will comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 to the extent applicable to it.

Sanctions. The Customer will comply with applicable New Zealand sanctions laws, including the Russia Sanctions Act 2022 and the United Nations Act 1946, to the extent applicable to it.

Complaints. Unresolved disputes may go to the Disputes Tribunal or the New Zealand courts.

Governing law. New Zealand law; non-exclusive jurisdiction of the New Zealand courts.

Schedule 2 — Australia

Applies where the Order states Australia; prevails over Parts I to III to the extent of any inconsistency.

Contracting entity. Aimer Point of Sale Pty Ltd (ACN 671 101 410 / ABN 29 671 101 410), registered office Unit PD11, 5–7 Irving Avenue, Box Hill VIC 3128.

Processing Partner (current). Adyen Australia Pty Limited (ABN 55 162 682 411), Surry Hills NSW. The Customer should read the Processing Partner’s Combined Financial Services Guide and Product Disclosure Statement before using AimerPay.

Currency & tax. Prices are in Australian dollars and exclusive of GST.

Refund and chargeback fees. Currently, the Refund Fee is AUD 0.10 for each refund, and the Chargeback Fee is AUD 25.00 for each chargeback. The Chargeback Fee is non-refundable, including where the chargeback is later reversed. Any applicable scheme or other third-party fee is passed on under clause 18. All fees are exclusive of GST.

Consumer law. Nothing excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded. Where permitted, Aimer’s liability for breach of a non-excludable guarantee is limited, at Aimer’s option, to repair, replacement or resupply, or the cost of the same.

Surcharging. From 1 October 2026, surcharging on designated domestic cards (eftpos, Mastercard and Visa) is prohibited under the Reserve Bank of Australia’s decision; until then any surcharge must not exceed the cost of acceptance and must be disclosed. The Customer will not surcharge designated domestic cards from that date; other networks remain subject to the cost-of-acceptance cap and Scheme Rules.

Privacy. The Privacy Act 1988 (Cth) and the Australian Privacy Principles apply; overseas disclosure is under APP 8.

AML/CTF. The Customer will comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and AUSTRAC requirements to the extent applicable to it.

Sanctions. The Customer will comply with the Autonomous Sanctions Act 2011 (Cth) and the Charter of the United Nations Act 1945 (Cth) to the extent applicable to it.

Complaints. An unresolved complaint about a financial or payment service may be referred to the relevant external dispute resolution scheme (for example AFCA) where applicable, or to the courts.

Governing law. The law of the State or Territory of Aimer’s registered office from time to time (currently Victoria); non-exclusive jurisdiction of its courts and courts hearing appeals from them.

End of Terms