Effective Date: May 24th, 2024

These Terms of Service (the “Terms”) govern your access to and use of the products, services, software, mobile applications, websites, and other content provided by POS360 Inc. (“POS360,” “we,” “us,” or “our”), including the POS360 point-of-sale system, OrderBoost delivery management platform, web properties at pos360.com, mobile applications, and related communications (collectively, the “Services”).

By using any POS360 Service, signing a POS360 Merchant Services Agreement, or otherwise indicating acceptance, you (“Merchant,” “you,” or “your”) agree to these Terms. If you are accepting these Terms on behalf of a business, you represent that you have authority to bind that business.

1. Eligibility

The POS360 Services are intended exclusively for businesses — including liquor stores, markets, smoke shops, restaurants, and other licensed retail merchants — and their authorized employees and representatives. By using the Services, you represent that you are at least 18 years old, that you are authorized to act on behalf of the business you represent, and that the business is duly licensed to sell the products and services it intends to sell through POS360.

2. Description of Services

POS360 provides point-of-sale hardware, software, and related services to independent retail merchants. This may include but is not limited to:

The POS360 360 Pro hardware system and associated peripherals
POS360 software, including OrderBoost, SmartSync, dual pricing, inventory management, and reporting features
On-site installation, training, and 24/7 customer support
Optional partner integrations with delivery platforms (DoorDash, Uber Eats, Instacart, Grubhub, Postmates, Saucey, and others)
Promotional, partnership, and scanback programs offered by POS360 or its partner brands

The specific Services available to you depend on your subscription plan, hardware configuration, and any separately executed Merchant Services Agreement. Promotional programs (including scanback partnerships and raffles) may be subject to additional program-specific terms.

3. Account Registration and Security

You agree to provide accurate, current, and complete information when registering for a POS360 account, and to keep that information up to date. You are responsible for safeguarding any credentials associated with your account and for all activity that occurs under your account. Notify POS360 promptly at info@pos360.com or (805) 496-1800 if you suspect unauthorized access.

4. Acceptable Use

You agree not to:

Use the Services in violation of any applicable law or regulation, including alcohol, tobacco, and other regulated-product laws
Resell, sublicense, or commercially exploit the Services without POS360’s prior written consent
Reverse engineer, decompile, or attempt to extract the source code of the Services
Interfere with, disrupt, or attempt to gain unauthorized access to POS360 systems, networks, or other merchants’ accounts
Use the Services to transmit malware, spam, or fraudulent content
Misrepresent your identity, your business, or your affiliation with POS360

POS360 may suspend or terminate access to the Services for violations of these Terms.

5. Fees, Billing, and Refunds

Fees for hardware, software, and ongoing services are described in your Merchant Services Agreement or applicable order form. Unless otherwise specified in writing, monthly service fees are billed in advance and are non-refundable except as expressly provided in the POS360 360 Guarantee or any other written program offered by POS360.

6. The 360 Guarantee

POS360 offers a satisfaction guarantee to qualifying merchants. Guarantee terms, eligibility, claim windows, and refund procedures are described in the 360 Guarantee program documents and your Merchant Services Agreement. The 360 Guarantee is the exclusive remedy for the matters it covers.

7. Intellectual Property

POS360 and its licensors own all right, title, and interest in and to the Services, including all software, hardware designs, documentation, trademarks, logos, and other intellectual property. Nothing in these Terms grants you any ownership rights. You retain ownership of your own business data (such as your inventory, sales, and customer records); you grant POS360 a limited license to process that data as necessary to provide the Services.

8. Third-Party Services and Partner Programs

The Services may integrate with third-party platforms and services, including delivery marketplaces and partner-brand programs (such as the Flor de Caña 360 Scanback program). Your use of any third-party service is governed by that third party’s terms and policies. POS360 is not responsible for the acts, omissions, content, accuracy, or availability of any third-party service.

9. SMS and Electronic Communications

By providing your mobile phone number or email address to POS360, or by opting in to SMS messaging through the OrderBoost mobile app or any POS360 onboarding flow, you consent to receive transactional and marketing communications from POS360 by SMS, MMS, and email. SMS communications may include program announcements, service updates, event invitations, and account notices. Standard message and data rates from your wireless carrier may apply. Message frequency varies but typically does not exceed 8 messages per month.

You may opt out of marketing SMS at any time by replying STOP to any message. Reply HELP for support information. Full details, including how POS360 handles mobile phone numbers and SMS consent data, are set out in our Privacy Policy at pos360.com/privacy.

POS360 does not share, sell, or transfer mobile opt-in data or SMS consent to any third party or affiliate for marketing purposes.

10. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, YOUR MERCHANT SERVICES AGREEMENT, OR THE 360 GUARANTEE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POS360 does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POS360 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. POS360’s aggregate liability for any claim arising out of or relating to these Terms or the Services shall not exceed the fees you paid to POS360 in the three (3) months immediately preceding the event giving rise to the claim.

12. Termination

You may terminate your account at any time in accordance with your Merchant Services Agreement. POS360 may suspend or terminate your access to the Services for material breach of these Terms, non-payment, fraudulent activity, or as otherwise permitted under your Merchant Services Agreement. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will survive.

13. Changes to These Terms

POS360 may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Material changes will be communicated to active merchants by email, in-app notice, or other reasonable means. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved in the state or federal courts located in Los Angeles County, California.

15. Contact

If you have questions about these Terms, please contact us:

Website: pos360.com

POS360 Inc.

Phone: (805) 496-1800

Email: info@pos360.com