Terms of Service

posBoss Ltd (“posBoss”, “us”, “our”, or “we”) offers a Hospitality focused system, consisting of a cloud-based web application (the “Web App”) and an iPad App (the “App”), all components collectively referred to as the “Application”. Web aspects of the Application are accessible through the website located at posbosshq.com (the “Web Site”) and associated sub-domains (the “Site”). These Terms of Service (this “Service Agreement”) is a binding legal agreement which governs your access and use of the Application and the Site and all services available through them (together with the Site and Application, the “Services”). “You” or “Your” means a legal entity using the Services or any adult authorised to use the Services by such entity.

posBoss does not accept registration from users who are under 13 years of age. By using the Services you represent that you are at least 13 years old.

You must be a real living person (human). Automated methods or programs may not create accounts and/or use the Services.

This Agreement governs your access to and use of the Services. You must accept this Agreement prior to using the Services. By using and/or visiting the Services (including all content and services available through the Site), you signify your assent to both this Agreement and our privacy policy, which is available at posBosshq.com/privacy-policy (the “Privacy Policy”). Changes may be made to this Agreement from time to time without notice. Any new feature that augments or enhances the current Services, including the release of new tools and resources, shall be subject to this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes.You cel review the most current version of the Service Agreement at any time at: www.posBosshq.com/terms

If you do not agree to any provisions of these Agreements, please do not use the Service and discontinue any active membership you may have.

Creation of Account

When you complete the registration process, you create an account. Your account allows you to participate in certain Services, subject to this Agreement and the Privacy Policy. posBoss reserves the right to refuse a user from opening an account at posBoss’s sole discretion.

You agree to immediately notify posBoss of any unauthorised use of your posBoss account by emailing hello@posBosshq.com You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. posBoss will not be liable for any losses or damage arising from unauthorised use of your account, and you agree to indemnify and hold posBoss harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

If you are a direct competitor of posBoss, you may not register to use the Services except with the express written consent of posBoss.

App Demo and Activated Account

posBoss offers two methods of access to the Services in part or whole:

1. App Demo Mode – This mode allows you to try out the App in a standalone mode by downloading it to an iPad device from Apple iTunes. There is no need for an active Web App account. This mode includes a pre-defined menu and a subset of functionality of the full product, and does not connect to the Web App. Features requiring connectivity with the Web App are non functional, such as syncing updates to a menu.

2. Activated Web App Account – You may complete sign up to the Web App at any time, which allows your usage of the Web App and iPad App. There is a free trial period of 2 weeks during which your credit card will not be charged and during which you are free to cancel your account.

Payments and Refunds

We reserve the right to update, discount, amend and increase prices from time to time to existing and new services at our own discretion with or without notice.

Notice on any price change will be given to paying customers at least 30 days in advance via email or posting on posBosshq.com/pricing, and will take effect in the billing cycle following such notice.

Payment is due in advance at the start of each billing cycle, and is renewed based on your subscription billing cycle. The customer’s billing cycle starts when the account’s free trial expires, and shall continue indefinitely. Payments are to be made by credit or debit card. Late payments may result in account suspension and possible cancellation by the company.

All fees are exclusive of any and all taxes imposed by taxing authorities and you shall be responsible for payment of all such taxes imposed on you as an account holder.

posBoss does not provide refunds on partial months or account cancellations. In cases where a refund is agreed to by posBoss limited, an administration fee will be charged for processing the refund.

Termination and Cancellation of Account

You agree that posBoss may for any reason, in its sole discretion, terminate your account. posBoss will generally provide you with 30 days notice prior to termination of your account and the cessation of the provision of the Services. However, posBoss may terminate your account without any notice for (i) the violation of the letter or spirit of this Agreement, (ii) you do not make payments within 7 days of their due date, (iii) fraudulent, harassing or abusive behaviour, (iv) behaviour that is harmful to other users, third parties, or the business interests of posBoss, or (iv) if you are insolvent or bankrupt. posBoss will not have any liability for any damages as a result of the termination of the Services pursuant to this Agreement.

If posBoss believes, in its sole discretion, that a violation of this Agreement or any illegal or inappropriate behaviour has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of this Agreement or illegal and inappropriate behaviour of the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated this Agreement or to have engaged in illegal behaviour through the Services.

If your account is terminated, you may not establish a posBoss account again without express permission by the company.

Account cancellation results in most Services related to your account being disabled and any active instances of the App associated to your account are disabled.

You can request to cancel your account by navigating to the Subscription area of the Web App and selecting “Request to Cancel posBoss”. posBoss will receive your request and respond within 5 business days to confirm your intended action.

A phone call or email request is not considered cancellation.

Account cancellation may also occur if your credit card on record with our payments provider repeatedly fails to process your subscription payment. Should this situation arise, our billing provider’s system will communicate to the Web App that your subscription has been cancelled. This may occur no less than 7 days after initial failed payment attempt.

To prevent cancellation in this manner, it is solely your responsibility to maintain a valid credit card with our payments partner.

Any suspension, termination, or cancellation shall not affect your obligations to posBoss under this Agreement (including but not limited to ownership, intellectual property, indemnification, payments, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Intellectual Property & Content

posBoss and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein. posBoss hereby grants you a limited, revocable, nonsublicensable license to use the Services. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. You will not allow any third party to use your account or any other services made available through the Services.

Certain types of content may be made available through the Services. “Content” as used in this Agreement means, collectively, all content on or made available on the Services or on associated documentation. posBoss reserves the rights to remove and permanently delete any proprietary Content without notice.

posBoss may grant you the opportunity to make certain customisation changes to the Application we make available with additional content of your own, including without limitation your logos, trademarks and certain goods and services you provide (collectively “Customer Content”). You are fully and solely responsible for all Customer Content, and you represent and warrant that such Customer Content complies with all applicable law and does not infringe third party intellectual property rights or moral rights. Customer Content that is obscene, abusive, indecent or may otherwise subject us to public disparagement or scorn, may be deleted or made unavailable without prior notice to you and may count as cause for account termination by the company. You grant posBoss and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any and all such Customer Content that you submit, for the purpose of providing the Services to you.

Data

In the course of using the Services, you may enter or submit certain information regarding yourself, your customers or transactions relating to your customers into the Site or Application (“Customer Data”). You grant posBoss a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any and all such Customer Data, including for posBoss’s own commercial purposes, for the uses set forth in the Privacy Policy.

posBoss will grant you access to all your Customer Data as generally made available by posBoss during the period that posBoss provides the Services and for a period of 30 days thereafter. posBoss will have no obligation to maintain, forward, or provide you any access to any Customer Information if posBoss terminates this Agreement or ceases to provide you with Services as a result of a breach by you of the letter or spirit of this Agreement.

Disclaimers

The Services are provided through the Internet. As such, the Services may be subject to limitations, delays and other problems inherent in the internet or electronic communications. Posboss is not responsible for any delays, delivery failures or other damage resulting from such problems. You are responsible for procuring and maintaining the appropriate internet services required for access to the Services.

Certain external hardware may be required in order for you to receive certain parts of the Services. posBoss shall have no responsibility or liability in respect of any malfunctions or delays caused by such external hardware, and shall have no service obligations in respect of such hardware.

Certain 3rd party software is required in order for you to receive certain parts of the Services. The App requires a minimum of iOS 12.0 and an Apple iPad Air or more recent. The Web App requires a modern browser, specifically the latest versions of Google Chrome or Safari. posBoss shall have no responsibility or liability in respect of any malfunctions or delays caused by 3rd party software, and shall have no service obligations in respect of such software.

Your use of any aspect of the Site is at your own risk. posBoss makes no representations or warranties whatsoever in respect of the Site, Services or Content. Neither posBoss nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Site, Services Submissions or Content.

Without limiting the foregoing, except as expressly stated in this Service Agreement, everything available on the Site or Application or by means of the Site is provided to you “AS-IS” without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and posBoss expressly disclaims all express or implied warranties.

posBoss does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse the customer from any payment obligations under this Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless posBoss and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of this Agreement by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement (or the infringement by any Customer Content) of any right of any third party, including without limitation any intellectual property right or moral right; or (e) your violation of any applicable law, regulation, rule or third party intellectual property right or moral right as a result of your forwarding or posting any Content. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.

Limitation of Liability

In no event shall posBoss be liable to you or any third party for any incidental, consequential, indirect, special or punitive damages, arising out of or relating to the Application, Site or Services. In any case, posBoss’s total aggregate liability under any provision of this Agreement, or for anything relating to the Application, Site or Services shall not exceed amounts paid by you to posBoss for the use of the Services in the 6 months prior to the applicable claim.

Support

If you experience any problems with the Services, please contact us at hello@posBosshq.com