Terms of Service

1. Agreement to Terms

By accessing or using POSUSA ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

POSUSA provides a cloud-based point-of-sale system and online ordering platform for businesses ("Merchants"). The Service includes:

• Point-of-sale software
• Online ordering and menu management
• Payment processing (via third-party providers)
• Order management and reporting
• Customer-facing ordering pages

3. Account Registration

To use the Service, you must:

• Be at least 18 years old
• Provide accurate, complete registration information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

4. Payment Processing

4.1 Third-Party Payment Processors

Payment processing is provided by Stripe, Inc. ("Stripe"). By using our payment features, you also agree to Stripe's Services Agreement.

4.2 Merchant of Record

You are the Merchant of Record for all transactions processed through your account. This means:

• The direct contractual relationship with Stripe is between you and Stripe
• You are the seller of goods/services to your customers
• Your business name appears on customer credit card statements
• You are solely responsible for all aspects of transactions including pricing, fulfillment, and customer service

POSUSA is a software provider only. We provide the technology platform that connects to your Stripe account but we are not a party to transactions between you and your customers.

4.3 Refunds and Disputes

As the Merchant of Record, you are solely responsible for:

• Refunds: Processing all refunds directly through your Stripe dashboard or the POSUSA interface. You determine your own refund policy.
• Chargebacks: Responding to and managing all chargebacks and disputes filed by customers. Stripe will contact you directly for dispute resolution.
• Customer complaints: Handling all customer inquiries, complaints, and service issues related to orders and payments.
• Fraud liability: Bearing responsibility for fraudulent transactions processed through your account.

POSUSA does not process refunds on your behalf, does not intervene in disputes, and is not liable for chargebacks, fraud losses, or customer complaints related to your business.

4.4 Stripe Account Requirements

You must:

• Create and maintain your own Stripe account in good standing
• Complete Stripe's identity verification and onboarding process
• Provide accurate business and banking information to Stripe
• Comply with Stripe's terms, policies, and prohibited business lists
• Maintain adequate funds for potential refunds and chargebacks

If Stripe suspends or terminates your account, your ability to process payments through POSUSA will be affected. We are not responsible for any Stripe account issues.

4.5 Platform Fees

We charge a platform fee on transactions processed through the Service. Current fees are displayed in your account settings. We reserve the right to modify fees with 30 days notice. Platform fees are non-refundable, even if you later refund the underlying transaction.

4.6 Payouts

Funds from transactions are deposited directly into your bank account by Stripe according to Stripe's payout schedule. POSUSA does not hold, control, or have access to your funds at any time.

4.7 No Liability for Funds

POSUSA is not responsible for any loss of funds in any way, shape, or form, including but not limited to:

• Funds held, delayed, or frozen by Stripe
• Chargebacks, disputes, or fraud losses
• Bank account errors or misdirected payments
• Stripe account suspension or termination
• Failed or delayed payouts
• Currency conversion losses
• Unauthorized access to your Stripe account
• Errors in transaction processing
• Refunds issued in error
• Any other financial losses arising from your use of the Service or payment processing

All payment-related issues must be resolved directly with Stripe. You agree to hold POSUSA harmless from any claims related to funds, payments, or financial losses.

4.8 Tax Obligations

You are solely responsible for:

• Collecting applicable sales tax from customers
• Remitting taxes to appropriate authorities
• Maintaining records for tax purposes
• Filing required tax returns

POSUSA provides tools to help calculate sales tax but does not provide tax advice and is not responsible for your tax compliance.

4.9 Cash Discount Program

If you enable the cash discount feature, you are solely responsible for:

• Complying with all federal, state, and local laws
• Displaying required signage
• Properly disclosing pricing to customers
• Ensuring receipt compliance

The cash discount feature is a tool we provide; compliance with applicable laws is your responsibility.

4.10 Legal Authorization

By using the Service, you represent and warrant that you are legally authorized and licensed to sell all products and services offered through your store. This includes:

• Holding all necessary business licenses and permits required by your jurisdiction
• Complying with all applicable federal, state, and local laws and regulations
• Having the legal right to sell the products you offer
• Not selling counterfeit, stolen, or illegally obtained goods

POSUSA reserves the right to suspend or terminate accounts that violate this provision without notice.

5. Acceptable Use

You agree NOT to:

• Use the Service for any illegal purpose
• Process payments for prohibited products or services
• Violate any laws, including consumer protection laws
• Infringe on intellectual property rights
• Transmit malware or harmful code
• Attempt to gain unauthorized access to our systems
• Resell or redistribute the Service without permission
• Use the Service to harass, abuse, or harm others

6. Prohibited Businesses

The Service may not be used for:

• Illegal products or services
• Adult content or services
• Gambling (unless properly licensed)
• Weapons or ammunition
• Controlled substances
• Multi-level marketing schemes
• Any business prohibited by our payment processors

7. Intellectual Property

7.1 Our Property

The Service, including its original content, features, and functionality, is owned by POSUSA and protected by copyright, trademark, and other laws.

7.2 Your Content

You retain ownership of content you upload (menus, product images, business information). By uploading content, you grant us a license to use, display, and distribute it as necessary to provide the Service.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. You agree to:

• Comply with all applicable data protection laws
• Obtain necessary consents from your customers
• Use customer data only for legitimate business purposes

9. Service Availability

9.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted service. We are not liable for any downtime or service interruptions.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice when possible.

10. Termination

10.1 By You

You may cancel your account at any time through your account settings or by contacting us.

10.2 By Us

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Excessive chargebacks or disputes
• Any reason at our sole discretion

10.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• We may delete your data after a reasonable period
• Outstanding fees remain payable
• Provisions that should survive termination will remain in effect

11. Disclaimer of Warranties

12. Limitation of Liability

12.1 General Limitation

12.2 Service Availability and Downtime

WE ARE NOT LIABLE FOR:

• Any downtime, outages, or service interruptions (scheduled or unscheduled)
• Lost sales or revenue during service unavailability
• Inability to process orders or payments due to technical issues
• Slow performance or degraded service quality
• Server failures, database errors, or infrastructure issues
• Internet connectivity problems

12.3 Data Loss

WE ARE NOT LIABLE FOR:

• Loss, corruption, or deletion of your data
• Failure of backups or data recovery
• Data lost during migrations or updates
• Data breaches despite reasonable security measures
• Unauthorized access to your data by third parties

You are solely responsible for maintaining your own backups of critical business data.

12.4 User Errors and Merchant Operations

WE ARE NOT LIABLE FOR:

• Incorrect prices, product information, or inventory entered by you
• Orders processed incorrectly due to your input errors
• Misconfigured settings or preferences
• Staff errors or unauthorized staff actions
• Customer dissatisfaction with your products or services

12.5 Third-Party Services

WE ARE NOT LIABLE FOR:

• Actions, errors, or outages of third-party services including Stripe, Supabase, and others
• Changes to third-party terms, pricing, or availability
• Third-party service discontinuation

12.6 Hardware and Equipment

WE ARE NOT LIABLE FOR:

• Compatibility issues with your hardware
• Card reader or payment terminal malfunctions
• Receipt printer failures
• Any other hardware or peripheral device problems

12.7 Business and Financial Losses

WE ARE NOT LIABLE FOR:

• Lost customers or customer relationships
• Damage to your business reputation
• Missed business opportunities
• Business interruption of any kind
• Any financial losses whatsoever arising from use of the Service

12.8 Security

WE ARE NOT LIABLE FOR:

• Security breaches despite reasonable security measures
• Unauthorized access to your account due to compromised credentials
• Phishing, social engineering, or other attacks
• PCI-DSS compliance (which is your responsibility)

12.9 Compliance and Legal

WE ARE NOT LIABLE FOR:

• Your compliance with health codes, food safety, or permits
• ADA accessibility compliance
• Business license or permit requirements
• Tax calculation accuracy or filing obligations
• Industry-specific regulations
• Any fines, penalties, or legal actions against your business

12.10 Customer Disputes

WE ARE NOT LIABLE FOR:

• Disputes between you and your customers
• Customer injuries, illness, or damages
• Product liability claims
• Any claims made by your customers against you

13. Indemnification

You agree to indemnify, defend, and hold harmless POSUSA, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your business operations and practices
• Your products, services, or content
• Your customers' claims or complaints
• Any dispute between you and your customers
• Your tax obligations or failures
• Your compliance failures

This indemnification obligation will survive termination of these Terms and your use of the Service.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

14.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court.

14.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

15. International Users

POSUSA is available to users in the United States, United Kingdom, Canada, Australia, and other countries where Stripe operates. If you access the Service from outside the United States, you agree to the following:

• Local Law Compliance: You are responsible for compliance with all applicable local laws and regulations in your jurisdiction, including consumer protection laws, data protection laws, and business licensing requirements.
• United Kingdom: UK users must comply with UK consumer law, the Consumer Rights Act 2015, and any applicable FCA regulations if relevant to their business.
• Canada: Canadian users must comply with applicable federal and provincial laws, including consumer protection legislation in their province.
• Australia: Australian users must comply with Australian Consumer Law, the Competition and Consumer Act 2010, and any applicable state or territory regulations.
• Currency: Transactions are processed in your local currency through Stripe. You are responsible for any currency conversion or international transaction fees.
• Data Transfers: By using the Service, you consent to the transfer of your data to the United States for processing, in accordance with our Privacy Policy.

These Terms, including the choice of Texas law as the governing law, apply to all users regardless of location. If any provision of these Terms is unenforceable in your jurisdiction, that provision shall be modified to the minimum extent necessary, and all other provisions shall remain in effect.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance.

17. Contact Information

For questions about these Terms, contact us at:

POSUSA
Email: support@posusa.com