Introduction
Welcome to POS.com LLC (hereafter referred to as "POS" or the "Company"). Please read this Terms of Use document carefully. By using POS.com solutions ("Solution"), you agree to be bound by these terms.
If you are entering into this Agreement on behalf of a company or another legal entity, you represent that you are authorized to bind such entity. If you lack such authority or do not agree to these Terms, you must not use the Solution.
You also warrant that you have provided accurate billing information and have not misrepresented your identity.
1. Changes to the Agreement
POS.com reserves the right to amend the Terms of Use and pricing at its sole discretion. Amendments will be effective immediately upon notice via:
- Posting on our website
- Email communication
- Periodicals or special mailings
Continued use of the Solution constitutes acceptance of any amendments.
2. Policies and Severability
If any provision of this Agreement is deemed invalid or unenforceable, only the invalid portion will be severed, and the rest will remain in effect.
3. Waiver
POS.com's failure to enforce any provision does not constitute a waiver of its right to enforce such provision in the future.
4. Privacy Policies
Our Privacy Policy is available at www.pos.com. By using the Solution, you consent to necessary communications and acknowledge POS.com may disclose your registration status.
5. License & Restrictions
You are granted a non-exclusive, non-transferable license to use the Solution for internal business purposes. You agree not to:
- Share licenses among multiple users
- Resell, sublicense, distribute, or commercially exploit the Solution
- Access the Solution for competitive analysis without consent
- Send spam, viruses, or violate third-party rights
POS.com trademarks and logos remain the exclusive property of POS.com.
6. Adherence to Laws
You must comply with all applicable local, state, federal, and international laws.
7. Responsibilities
You are responsible for all activities under your account and must immediately report unauthorized use or security breaches.
8. User Content
You retain ownership of your data ("Business Owner Data") but are solely responsible for its accuracy and legality. POS.com may delete data if your account is suspended or terminated.
9. Intellectual Property Rights
POS.com retains ownership of all rights to the Solution and related intellectual property. Unauthorized use, including reverse engineering, is prohibited.
10. Third-Party Interactions
POS.com is not responsible for interactions, goods, or services with third parties linked through the Solution.
11. Term
This Agreement begins upon subscription confirmation and auto-renews monthly unless terminated by either party.
12. Charges and Billing
- Fees are payable monthly in advance.
- All payments are non-refundable.
- Automatic renewal charges apply.
- You must provide and maintain accurate billing information.
13. Suspension for Non-Payment
Accounts delinquent for more than 30 days may be suspended or terminated, and data may be deleted.
14. Termination for Cause
Material breaches, including non-payment or unauthorized use, may result in immediate termination without obligation to retain data.
15. Indemnification
You agree to indemnify and hold harmless POS.com and its affiliates from any claims arising out of your use of the Solution.
16. Confidentiality and Non-Disparagement
You must maintain confidentiality and refrain from making disparaging remarks about POS.com after service termination or cancellation.
17. Notices
Notices will be sent via:
- Email to your registered address
- First-class mail
You may send notices to POS.com through the contact form on our website.
18. Internet Disclaimer
POS.com is not responsible for internet-related issues such as delays or failures affecting the Solution.
19. Warranty Disclaimer
The Solution is provided "as is," with no express or implied warranties regarding reliability, security, or performance.
20. Limitation of Liability
POS.com's total liability is limited to the amount you paid in the month preceding the event giving rise to the claim.
21. Governing Law, Arbitration, and Jurisdiction
- Governing Law: State of New York, USA
- Mandatory arbitration under the American Arbitration Association if disputes arise
- Exclusive venue: Lee County, Florida, USA
Refund Policy
1. Acceptance, Governing Provisions, and Cancellations
Orders are only binding once accepted in writing or performed by POS.com. Cancellations require compensation for POS.com's losses.
2. Limitation of Liability
POS.com's liability is limited to the price of the product or service and excludes consequential or indirect damages.
3. Return Policy
- Returns accepted within 30 calendar days
- Items must be in original condition with original packaging
- Certain items (e.g., opened software, consumables) are non-returnable
- A 30% restocking fee applies
4. Refunds
Refunds are not available for:
- Professional Services
- MSP, Maintenance, or Hosting Fees
- Subscription or Software Development Fees
5. Return of Faulty Products
- Faulty products require written Return Material Authorization (RMA)
- Customers must back up and erase personal data before returning
For any questions regarding these Terms or Policies, please contact us