Terms & Conditions

TERMS OF SERVICE

THESE END USER TERMS OF SERVICE (“TERMS OF SERVICE”) FORM A BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR”) AND THE POS AUTHORITY (“PA”, “POS AUTHORITY”, “WE,” “US,” “OUR”) PLEASE READ THESE TERMS OF SERVICE CAREFULLY, BECAUSE BY DOWNLOADING, ACCESSING OR USING THE SOFTWARE, HARDWARE, OR APPLICATIONS, PRODUCTS AND/OR SERVICES (COLLECTIVELY, THE “SERVICES”) YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND PRIVACY POLICY (“PRIVACY POLICY”). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR PA’S PRIVACY POLICY YOU MAY NOT DOWNLOAD, ACCESS OR USE THE SERVICES.

FROM TIME TO TIME WE MAY UPDATE OR MODIFY THESE TERMS OF SERVICE IN OUR DISCRETION, AND WILL POST THE UPDATED TERMS TO theposauthority.com/terms. WE MAY PROVIDE NOTICE TO YOU OF THE UPDATED TERMS OF SERVICE BY POSTING CHANGES ONLINE, BY EMAIL, AND/OR AN ON-SCREEN NOTIFICATION THROUGH THE SERVICES. THE UPDATED TERMS OF SERVICE WILL BECOME EFFECTIVE AS OF THE EFFECTIVE DATE INDICATED IN THE TERMS OF SERVICE (“EFFECTIVE DATE”). ANY USE OF THE SERVICES AFTER THE EFFECTIVE DATE MEANS YOU HAVE ACCEPTED THE UPDATED TERMS. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT YOU DO NOT ACCEPT THE UPDATED TERMS OF SERVICE IS TO CEASE YOUR ACCESS TO AND USE OF THE SERVICES.

1. Use of the Platform

You may only use and access the Services if you are an authorized subscriber and/or employee of a POS AUTHORITY customer (“Merchant”). You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the applicable Services during the course of your employment with Merchant, solely and exclusively for Merchant’s internal business purposes.

2. Subscriptions, Subscription Timing, Proration

Initial pos subscription pricing shall be prorated for the current month on a calendar day basis. The remaining calendar days in the month will be multiplied by the monthly software fee to determine the prorated amount due, which is due upon issuance of the license or licenses.

It is the Merchant’s obligation to request in writing to hello “at” theposauthority.com to request additional licenses or the removal of licenses to which such request shall take effect int he next billing cycle. Therefore, a cancellation will take effect for the billing cycle for the following month. Additional Orders will be billed prorated from the date the licenses are enabled. In order to obtain new/additional licenses, Merchant will be required to submit an amended payment form in order to authorize POS Authority  to bill Merchant for the new, greater amount.

3. Hardware, Peripherals, One-Time Fees, Returns & Restocking

In exchange for the Services, Merchant agrees to pay to the Processor The Pos Authority applicable fees for the Services plus applicable shipping fees and Taxes (the “Fees”). Fees attributable to subscriptions are covered in Subscriptions, Subscription Timing, Proration. Fees attributable to Non-Recurring Services shall be paid upon Merchant’s execution of the Application referencing, unless otherwise provided for within the Application. Any amounts past due from merchant under this Agreement shall accrue interest at a rate equal to the lesser of one and one-half percent (1.5%) per month or, if less, the maximum rate allowed by applicable law, in addition to all reasonable expenses associated with the collection thereof. Except as otherwise expressly provided within this Agreement, all Fees are NON-REFUNDABLE, NON-CANCELABLE, AND NON-CREDITABLE. In making payment of Fees, Merchant acknowledges that merchant is not relying upon future availability of any service beyond the current order term or any upgrades or future enhancements to the Services.

Return of certain hardware may be accepted on a case-by-case basis. In any circumstance the product(s) to be returned must be in clean, operating condition and in the original packaging. All returns, regardless of condition, length of time in service, whether it was ever in service or unboxed, is subject to a 25% restocking fee. One-time, non-hardware amounts (such as shipping, menu setup, etc.) are not included in the restocking fee as they are never refundable in any circumstance).

4. Disputing Fees

IMerchant is responsible for promptly and carefully reviewing amounts invoiced and its payment of Fees. In the event that Merchant wishes to dispute any Fees charged to or paid by merchant underthis Agreement, Merchant must provide POS Authority with written notice of the dispute (“Disputed Fees Notice”) by sending an email to “hello at theposauthority.com” within 7 days of the date that the invoice/receipt at issue was made available. The unauthorized charging back or disputing bonafide fees paid shall result in swift legal action to the extent of the available remedies under the laws of the State of Wyoming including, but not limited to Compensatory Damages, Liquidated Damages, Rescission, Specific Performance, Injunction, and filing a lien against the Merchant’s business or collecting under a signed personal guarantee. In all instances of unauthorized dispute, Merchant shall be responsible for all legal fees incurred by POS Authority in remedying nonpayment and breach of these Terms.

5. Software Operates “As Is”

Merchants must thoroughly investigate whether any Service offered by POS Authority is applicable to and has the features needed by the Merchant’s business. No returns for missing features shall be provided or entertained.

6. Privacy

Our Policy describes what information we collect from you and other users of the Services, and how we use User Content and other information obtained through the Services. We encourage you to read the Privacy Policy carefully as it forms a binding part of these Terms of Service, and contains important information about your rights.

7. Limitation of Liability and Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, OTF AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY. PA AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OTF AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER OTF NOR ITS THIRD- PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. OTF IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, OTF DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY PA, THE SERVICES ARE PROVIDED TO MERCHANT ON AN “AS IS” BASIS.  FURTHERMORE, OTF IS A SOFTWARE SOLUTION.  IN NO WAY DOES OTF PROVIDE ANY WARRANTIES WHATSOVER REGARDING ANY OF THE HARDWARE (WHETHER TABLETS, COMPUTERS OR OTHER INTERFACE) USED BY THE MERCHANT IN USING THE SERVICES.

IN NO EVENT WILL PA BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, EVEN IF OTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW PA’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).

8. Compliance with Laws

You agree to comply with all federal, state, local and foreign laws, rules and regulations applicable to you and Merchant’s business in relation to your use of the Services, including any applicable tax laws and regulations, the then-current version of the Payment Card Industry Data Security Standards as made available at https://www.pcisecuritystandards.org and the by-laws, and any and all other rules, policies and procedures of VISA, MasterCard, Discover and/or other card networks as in effect from time to time.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any part of the Services to countries or persons prohibited under the export control laws. By accessing, using or downloading the Services, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export or re-export of the Services.

9. Indemnification

You agree to defend, indemnify and hold harmless PA and its directors, officers, employees, affiliates, vendors, associates and agents from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Service or your access to, use or misuse of the Third-Party Content or Services. PA will provide notice to you of any such claim, suit, or proceeding. PA reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting PA’s defense of such matter.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any part of the Services to countries or persons prohibited under the export control laws. By accessing, using or downloading the Services, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export or re-export of the Services.

9. Third Parties

You agree to be bound by all applicable Terms of Use, Terms & Conditions, and Terms of Service of any software or hardware systems offered by POS Authority. These are made part of these Terms. OTF RTZ QTC OCPOS PAX DEJAVOO.