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TechPOS Terms of Service (Master Online Agreement)
\nEffective: October 5, 2025
\nLast Updated: October 5, 2025
\nIntroduction & Contract Formation
\nThese Terms of Service (\u201cTerms\u201d) govern access to and use of the TechPOS platform, websites, and related products and services (collectively, the \u201cServices\u201d) provided by TechPOS International Corp. (\u201cTechPOS,\u201d \u201cwe,\u201d \u201cus\u201d). By creating an account, executing an order form, clicking \u201cAccept,\u201d or using the Services, you agree to these Terms on behalf of the customer entity you represent (\u201cCustomer,\u201d \u201cyou\u201d).
\nIf an Order Form, MSA, or Data Processing Addendum (DPA) is executed, those documents govern and take precedence over these online Terms to the extent of any conflict. Our Privacy Policy forms part of these Terms.
\nDefinitions
\nAccount: Customer\u2019s tenant and associated user logins.
\nCustomer Data: Data submitted to or collected by the Services on Customer\u2019s behalf (e.g., product, inventory, pricing, sales, and end-customer data).
\nAnonymized\/Aggregated Data: Data derived from Customer Data or service telemetry that does not identify a natural person or a Customer (de-identified and\/or aggregated).
\nOrder Form: A TechPOS ordering document (including online checkout) specifying plan, term, and fees.
\nRetailer Services: Modules that integrate with point-of-sale systems, e-commerce\/menu systems, ESL, digital signage, analytics, and retail advertising features.
\nSubprocessors: Third parties engaged by TechPOS to process Customer Data for the Services.
\nThe Services
\nTechPOS provides cloud software for regulated retail verticals (including cannabis), enabling inventory, POS integrations, menus\/e-commerce, electronic shelf labels, analytics, and targeted retail advertising. We may serve ads or enable ad distribution on retailer sites and third-party channels as configured by Customer and in accordance with the Privacy Policy and applicable law.
\nBeta\/Preview features may be offered at our discretion. Betas are provided AS IS, may change, and can be withdrawn at any time.
\nAccounts & Customer Responsibilities
\n4.1 Registration & Credentials. Customer must maintain accurate Account information, secure credentials, enforce MFA where offered, and promptly notify TechPOS of suspected unauthorized access.
\n4.2 Compliance & Consents. Customer is solely responsible for obtaining any legally required notices and consents (including for tracking pixels, marketing, and data capture at point-of-sale) and for complying with laws applicable to its use of the Services (e.g., retail regulations, marketing, privacy).
\n4.3 Acceptable Use. You will not:
\nuse the Services in violation of law, for unlawful advertising, or to process prohibited data (e.g., PHI under HIPAA unless explicitly permitted by DPA);
\ninfringe, reverse engineer (except where permitted by law), scrape, mine, or probe the Services;
\nupload malicious code or interfere with Service integrity;
\nuse the Services to build a competing product; or
\nshare logins or circumvent technical restrictions.
\nWe may suspend access for breach, security risk, non-payment, or legal necessity.
\nData Ownership, Use & Privacy
\n5.1 Ownership. As between the parties, Customer owns Customer Data. TechPOS owns the Services, software, and Anonymized\/Aggregated Data.
\n5.2 Our Use of Customer Data. TechPOS processes Customer Data to provide, secure, support, and improve the Services, to generate Anonymized\/Aggregated Data, and as otherwise described in the Privacy Policy or Order Form.
\n5.3 Sharing & Retail Ecosystem. Upon Customer configuration or instruction, TechPOS may share data (including Anonymized\/Aggregated Data and, where configured, certain retail POS attributes) with producers, brands, and advertising\/measurement partners to power analytics and campaigns, subject to applicable law and these Terms. No end-customer Personal Information is disclosed to third-party subscribers unless Customer has lawfully obtained consent and instructs us to do so.
\n5.4 Privacy & DPA. TechPOS will process Personal Information in accordance with our Privacy Policy and applicable laws (e.g., GDPR, CCPA\/CPRA, Virginia CDPA, Colorado Privacy Act, and other applicable U.S. state privacy laws) to the extent they apply. Upon request, TechPOS will execute a DPA with standard controller-processor terms, including international transfer mechanisms (e.g., SCCs).
\n5.5 Data Return & Deletion. During the term, Customer may export available Customer Data via standard tools\/APIs. Within 30 days after termination or expiry, upon written request, TechPOS will provide a final export (reasonable assistance may be billable). Thereafter, Customer Data will be deleted from active systems and, within standard backup cycles, from backups, unless retention is required by law or for legitimate business purposes (e.g., fraud prevention, dispute resolution).
\nSecurity, Compliance & Subprocessors
\n6.1 Security Program. TechPOS maintains a documented information security program aligned with SOC 2 controls, including (a) access control & least privilege; (b) encryption in transit and at rest; (c) vulnerability management; (d) logging & monitoring; (e) secure SDLC; and (f) incident response and business continuity.
\n6.2 Incident Response. For confirmed security incidents impacting Customer Data, TechPOS will notify Customer without undue delay and provide information reasonably available for Customer\u2019s assessment and compliance obligations (e.g., GDPR 72-hour clock where applicable).
\n6.3 Subprocessors. TechPOS may use Subprocessors (e.g., hosting, analytics, support). We impose data protection obligations substantially similar to those herein. A current list is available upon request; we will provide notice of material changes where contractually required.
\n6.4 Audits & Reports. Upon request and under NDA, TechPOS will make available third-party audit reports (e.g., SOC 2 Type II when available) as evidence of controls. Customer agrees audits will primarily be satisfied by such reports.
\nAvailability & Support
\nWe aim for high availability and continuity using reputable cloud infrastructure. Planned maintenance will be scheduled to minimize disruption. Support levels are as stated in your plan or Order Form. Credits (if any) are Customer\u2019s sole remedy for availability issues.
\nFees, Taxes & Payment
\nFees, billing frequency, and term are defined on the Order Form or in your online plan. Taxes (except on our net income) are additional where applicable. If auto-renew is enabled, your subscription renews for successive terms unless canceled per Section 11. Late or failed payments may result in suspension. We may update list prices for future terms; we will not change fees mid-term unless you change usage or plan.
\nIntellectual Property & Feedback
\nAll rights in and to the Services are reserved by TechPOS and its licensors. Customer receives a non-exclusive, non-transferable right to use the Services during the term in accordance with these Terms and the Order Form. If you give us Feedback, we may use it without restriction and without attribution or compensation.
\nThird-Party Services
\nThe Services may interoperate with third-party platforms (e.g., POS, payments, ad networks). Third-party terms apply to those products, and TechPOS is not responsible for their content or performance. Enabling an integration constitutes Customer\u2019s instruction to share data as needed for that integration.
\nTerm, Renewal & Termination
\n11.1 Term. The initial subscription term is stated on the Order Form or plan page. If none is stated, the term is month-to-month.
\n11.2 Renewal. Subscriptions auto-renew for successive terms of equal length unless either party gives notice of non-renewal at least 30 days (monthly plans) or 60 days (annual\/multi-year) before the end of the then-current term.
\n11.3 Termination for Cause. Either party may terminate upon written notice if the other party materially breaches these Terms and fails to cure within 30 days after notice. TechPOS may terminate immediately for unlawful use or risk to the Service or third parties.
\n11.4 Effect of Termination. Fees due and payable remain due. Prepaid fees are non-refundable unless otherwise stated in the Order Form or required by law. Sections intended to survive (including 5, 6, 8\u201310, 12\u201317) will survive.
\nWarranties & Disclaimers
\n12.1 Mutual Authority. Each party represents it has the authority to enter into these Terms.
\n12.2 Service Warranty. During a paid term, TechPOS will provide the Services in all material respects as described in applicable documentation. Exclusive Remedy: if the Services fail to conform and Customer notifies us, we will use commercially reasonable efforts to correct the non-conformity; if we cannot, Customer may terminate the affected Order Form and receive a pro-rated refund of prepaid fees for the remainder of the term for the non-conforming Service.
\n12.3 General Disclaimer. Except as expressly provided in Section 12.2, the Services and all related materials are provided \u201cAS IS\u201d and \u201cAS AVAILABLE.\u201d TechPOS disclaims all other warranties, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
\nIndemnification
\n13.1 By TechPOS (IP Claims). TechPOS will defend Customer against third-party claims alleging the Services infringe a patent, copyright, or trademark, and pay resulting damages and costs finally awarded, provided Customer: (a) promptly notifies us; (b) gives us sole control of the defense\/settlement; and (c) provides reasonable cooperation. We may (i) modify or replace the Services, (ii) procure rights, or (iii) if those are not commercially reasonable, terminate the affected Services and refund prepaid fees pro-rata. This Section does not apply to claims arising from combinations, Customer Data, or use contrary to documentation.
\n13.2 By Customer. Customer will defend and indemnify TechPOS against third-party claims arising from Customer Data, illegal or unauthorized use of the Services, or Customer\u2019s breach of law or these Terms.
\nLimitation of Liability
\nTo the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenues, goodwill, or data, even if advised of the possibility.
\nExcept for (a) Customer\u2019s payment obligations; (b) either party\u2019s infringement\/misappropriation of the other party\u2019s IP; or (c) liability that cannot be limited by law, each party\u2019s total aggregate liability arising out of or relating to these Terms is limited to the amounts paid or payable by Customer to TechPOS for the Services giving rise to the claim in the 12 months before the event giving rise to liability.
\nConfidentiality
\nEach party may receive Confidential Information from the other. The receiving party will (a) use it only to perform under these Terms; (b) protect it with industry-standard safeguards; and (c) not disclose it except to its personnel and providers under confidentiality obligations or as required by law (with notice where lawful). Customer Data is Customer\u2019s Confidential Information; Anonymized\/Aggregated Data is TechPOS Confidential Information.
\nExport, Sanctions & Anti-Corruption
\nYou will comply with applicable export, re-export, sanctions, and anti-corruption laws (including U.S. regimes such as OFAC, EAR, and the FCPA, as well as other applicable international regimes). You will not permit access to or use of the Services in violation of such laws.
\nModifications to these Terms
\nWe may update these Terms for legitimate business, legal, or security reasons. If a material change is made, we will provide notice (e.g., in-product or email). Changes take effect at the start of the next renewal term or 30 days after notice for month-to-month plans. Continued use after the effective date constitutes acceptance.
\nGoverning Law & Venue
\nThese Terms are governed by the laws of the State of Delaware and the federal laws of the United States applicable therein, without regard to conflicts of law. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware.
\nGeneral
\nAssignment (by Customer) requires TechPOS\u2019s consent, not unreasonably withheld; TechPOS may assign to an affiliate or in connection with merger, acquisition, or asset transfer. If any provision is unenforceable, the remainder remains in effect. No waiver is implied by delay. Notices must be in writing; for Customer, to the Account email; for TechPOS: legal@techpos.com. English language governs.
\nContact
\nQuestions or notices: info@techpos.com or via our contact form at techpos.com\/get-connected.
\nExhibit A \u2013 Data & Advertising Mechanics (Retail-Specific)
\nPOS & Inventory Feeds. Customer configures integrations to send inventory, pricing, and sales data into the Services.
\nEnd-Customer Data. Where Customer collects end-customer contact or preference data through TechPOS modules, Customer represents it has lawful basis\/consent and will honor opt-out requests.
\nAnalytics & Insights. TechPOS may create Anonymized\/Aggregated Data for benchmarking, insights, and product improvement.
\nAdvertising & Pixels. If enabled by Customer, TechPOS and partners may deploy pixels, tags, or clean-room matching to deliver or measure advertising on Customer\u2019s channels or third-party properties, consistent with disclosed consent and applicable law. Customer is responsible for maintaining cookie banners\/consent records where required.
\nData Residency. Primary processing occurs in the United States unless otherwise agreed; international transfers may occur under recognized transfer mechanisms (e.g., SCCs).[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"
Terms of Use TechPOS Terms of Service (Master Online Agreement) Effective: October 5, 2025 Last Updated: October 5, 2025 Introduction & Contract Formation These Terms of Service (\u201cTerms\u201d) govern access to and use of the TechPOS platform, websites, and related products and services (collectively, the \u201cServices\u201d) provided by TechPOS International Corp. (\u201cTechPOS,\u201d \u201cwe,\u201d \u201cus\u201d). By […]<\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"
[vc_row type=\"full_width_background\" full_screen_row_position=\"middle\" column_margin=\"default\" column_direction=\"default\" column_direction_tablet=\"default\" column_direction_phone=\"default\" bg_image=\"9949\" bg_position=\"left top\" background_image_loading=\"default\" bg_repeat=\"no-repeat\" scene_position=\"center\" text_color=\"dark\" text_align=\"left\" row_border_radius=\"none\" row_border_radius_applies=\"bg\" overlay_strength=\"0.3\" gradient_direction=\"left_to_right\" shape_divider_position=\"bottom\" bg_image_animation=\"none\" shape_type=\"\"][vc_column column_padding=\"no-extra-padding\" column_padding_tablet=\"inherit\" column_padding_phone=\"inherit\" column_padding_position=\"all\" column_element_spacing=\"default\" background_color_opacity=\"1\" background_hover_color_opacity=\"1\" column_shadow=\"none\" column_border_radius=\"none\" column_link_target=\"_self\" gradient_direction=\"left_to_right\" overlay_strength=\"0.3\" width=\"1\/1\" tablet_width_inherit=\"default\" tablet_text_alignment=\"default\" phone_text_alignment=\"default\" bg_image_animation=\"none\" border_type=\"simple\" column_border_width=\"none\" column_border_style=\"solid\"][vc_custom_heading text=\"TERMS & CONDITIONS\" font_container=\"tag:h1|font_size:32|text_align:center|color:%23ffffff|line_height:32px\" google_fonts=\"font_family:Lato%3A100%2C100italic%2C300%2C300italic%2Cregular%2Citalic%2C700%2C700italic%2C900%2C900italic|font_style:700%20bold%20regular%3A700%3Anormal\" css=\".vc_custom_1625973550374{padding-top: 80px !important;}\"][\/vc_column][\/vc_row][vc_row type=\"in_container\" full_screen_row_position=\"middle\" column_margin=\"default\" column_direction=\"default\" column_direction_tablet=\"default\" column_direction_phone=\"default\" scene_position=\"center\" text_color=\"dark\" text_align=\"left\" row_border_radius=\"none\" row_border_radius_applies=\"bg\" overlay_strength=\"0.3\" gradient_direction=\"left_to_right\" shape_divider_position=\"bottom\" bg_image_animation=\"none\"][vc_column column_padding=\"no-extra-padding\" column_padding_tablet=\"inherit\" column_padding_phone=\"inherit\" column_padding_position=\"all\" column_element_spacing=\"default\" background_color_opacity=\"1\" background_hover_color_opacity=\"1\" column_shadow=\"none\" column_border_radius=\"none\" column_link_target=\"_self\" gradient_direction=\"left_to_right\" overlay_strength=\"0.3\" width=\"1\/1\" tablet_width_inherit=\"default\" tablet_text_alignment=\"default\" phone_text_alignment=\"default\" bg_image_animation=\"none\" border_type=\"simple\" column_border_width=\"none\" column_border_style=\"solid\"][vc_column_text css=\".vc_custom_1666733242512{padding-top: 40px !important;}\"]Terms Of Use<\/small><\/span> 1. TECHPOS SERVICES 2. REGISTRATION 3. USER CONTENT 3.2 Data Terms Service Usage Data. TechPOS owns all right title and interest in and to retains ownership of all Anonymized Data. \"Anonymized Data\" means: (i) any data that is derived from or relates to Retailer POS Data and may include product inventory and sales transactions; (ii) Platform usage data and data relating to use of the TechPOS Services and User parameters and characteristics, all of which is anonymized and\/aggregated so as not to identify Retailer or its Customers.<\/p>\n 3.3 Feedback 4. PAYMENT 4.2 Invoicing and Payment. 4.3 Taxes 4.4 Pre-authorized Payment 4.5 Fee Changes 4.6 Suspension of Service 5. USER RESPONSIBILITIES AND RESTRICTIONS TechPOS reserves the right to terminate, limit or suspend User access to the Platform for any User breach of these restrictions or any other violation of any other term of this Agreement.<\/p>\n 6. INTELLECTUAL PROPERTY; LICENSE TO PLATFORM 7. TERM; TERMINATION 7.2 Termination by TechPOS 7.3 Effect of Termination 7.4 Outstanding Fees. 8. IMPORTANT DISCLAIMERS 8.2 Internet Security Disclaimer 8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS 9. LIMITATION OF LIABILITY 10. INDEMNIFICATION 11. THIRD PARTY CONTENT 12. GENERAL 12.2 Assignment 12.3 Survival 12.4 Entire Agreement 12.5 Export
\nUpdated April 30, 2022
\nTERMS OF USE
\nUpdated April 30, 2022
\nTECHPOS International Corp. (\"TECHPOS\" \/ \"WE\" \/ \"US\") OWNS AND OPERATES THE TECHPOS PLATFORM (THE \"PLATFORM\") AND THE WEBSITE LOCATED AT TECHPOS.CA (THE \"WEBSITE\"). THESE TERMS OF USE APPLY TO ALL INDIVIDUALS WHO USE THE PLATFORM, WEBSITE OR THE TECHPOS SERVICES, AS DEFINED BELOW (\"USERS\") (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS PLATFORM).
\nPLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE OR PLATFORM YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE PLATFORM, WEBSITE OR ANY CONTENT OR TECHPOS SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY TECHPOS FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE PLATFORM, WEBSITE OR TECHPOS SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
\nIN ORDER TO USE THE WEBSITE, PLATFORM AND TECHPOS SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE TECHPOS SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE TECHPOS PLATFORM, WEBSITE OR THE TECHPOS SERVICES.<\/p>\n
\n<\/strong>
\nTechPOS is the owner of the TechPOS customer relationship management and content management software-as-a-service platform which: (i) allows retailers to monitor their customers' purchase patterns and preferences, review meaningful analytics, and help retailers to better cater their TechPOS Services to their client bases; and (ii) offers content management TechPOS Services for service subscribers (including producers and manufacturers) together with access to certain retail data which enables producers and manufacturers to assess their supply chains and support retailers (collectively, the \"TechPOS Services\"). For Retailers, the Platform can integrate into most existing point-of-sale systems to collect customer information and report it to Us to be aggregated and anonymized into usable statistics and retailers can access and use our e-commerce and menu systems (the \"Retailer Services\"). You acknowledge that TechPOS reserves the right to serve advertisements on Retailers' sites and\/or on third party sites including directly to customers, all in accordance with our Privacy Policy.<\/p>\n
\n<\/strong>
\nUsers may be required to register for an account to use certain TechPOS Services (an \"Account\"). When You register for the Account, You will be required to provide certain information, which is subject to our Privacy Policy. After You have registered for an Account You can login using the email address you provided for registration. You will also be required to select a password. You are responsible for all activity occurring on Your Account, so please select a strong password. Please keep Your password secure, and do not share it with any other individual. We will not be liable for any damages caused by virtue of the compromise of Your Account or password, including any unauthorized access to Your Account or use of Your Account or any information contained therein. Please contact us immediately if You suspect or become aware of any unauthorized use of Your Account or any other breach of security.<\/p>\n
\n<\/strong>
\n3.1. User Responsibility
\n<\/strong>
\nAll information, data, text, software, sound, images, graphics, messages or other materials, including personal information (\"User Content\") transmitted to the Platform by You is Your sole responsibility. This means that the user, and not TechPOS, is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the Platform and TechPOS Services. You are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User Content (including consents to collect, use and disclose personal information of customers under applicable privacy laws). By using the Platform and TechPOS Services, You represent, warrant and covenant that You have obtained all necessary consents to collect any personal information and that You will comply with all applicable laws, including privacy laws. TechPOS does not control User Content uploaded to the Platform and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will TechPOS be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the Platform.<\/p>\n
\n<\/strong>
\nRetailer POS Data. As between Retailers and TechPOS, the Retailer is the owner of its point-of-sale data, namely inventory, pricing and sales data (the \"Retailer POS Data\"). You hereby grant to TechPOS a non-exclusive, perpetual license to collect, store and use Retailer POS Data for the purpose of: (i) providing the TechPOS Services, which includes distributing Retailer POS Data to subscribers to TechPOS Services; and (ii) creating Anonymized Data (as such term is defined in Section 3.2(b)). Notwithstanding the generality of the foregoing, no Personal Information of Retailers' customers will be shared or disclosed to any other subscribers to TechPOS Services, nor will any Retailer POS Data be shared with retail-exclusive sellers of cannabis. If you do not wish to have Retailer POS Data shared with producers and manufacturers, you may request us to provide only anonymized Retailer POS Data subject to certain exceptions where Retailer POS Data must be provided to enable media campaigns.<\/p>\n
\n<\/strong>
\nIf You provide TechPOS with any suggestions, comments or other feedback (\"Feedback\") relating to the Website, Platform or on the TechPOS Services. TechPOS may freely use such Feedback in any TechPOS products or TechPOS Services (collectively, \"TechPOS Offerings\"). Accordingly, You agree that: (i) TechPOS is not subject to any confidentiality obligations in respect to the Feedback, (ii) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to TechPOS, (iii) TechPOS (including all of its successors and assigns and any successors and assigns of any of the TechPOS Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any TechPOS Offerings, and (iv) You are not entitled to receive any compensation or re-imbursement of any kind from TechPOS or any of the other users of the Website or Platform.<\/p>\n
\n<\/strong>
\n4.1 Fees
\n<\/strong>
\nIf you purchase a subscription for any Platform TechPOS Services, You shall pay TechPOS the Subscription Fees as specified to You in a TechPOS order form (\"Order Form\"). All amounts are payable in the currency specified in the Order Form.<\/p>\n
\n<\/strong>
\nTechPOS will invoice You electronically and You agree to accept TechPOS's invoices in that manner. Unless otherwise stated an invoice sent to You by TechPOS, all invoiced amounts for the TechPOS Services are due upon receipt of TechPOS's invoices for such amounts. If You have enrolled in automatic billing, You shall: (i) keep your billing, credit card and payment information accurate and up to date, otherwise, TechPOS may suspend provision of the TechPOS Services; (ii) promptly advise TechPOS if billing or credit card information changes due to loss, theft, cancellation or otherwise; (iii) be liable for failure to pay any fees caused by Your failure to provide TechPOS with up to date billing information; and (iv) upon termination of the TechPOS Services, provide TechPOS with a forwarding address for all final invoices or correspondence if Your mailing address differs from that which You provided in your Account.<\/p>\n
\n<\/strong>
\nUnless otherwise stated, prices for the TechPOS Services do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and TechPOS Services, harmonized, use or withholding taxes (collectively, \u201cTaxes\u201d). You are responsible for paying all applicable Taxes associated with purchases pursuant to these Terms, excluding taxes based on net income or property of TechPOS. If TechPOS has the legal obligation to pay or collect Taxes for which You are responsible under this Section, the appropriate amount shall be invoiced to and paid by You, unless You provide TechPOS with a valid tax exemption certificate authorized by the appropriate taxing authority.<\/p>\n
\n<\/strong>
\nBy providing a credit card information to TechPOS as part of Your Account registration, You authorize TechPOS to charge Your credit card for all outstanding fees, taxes and charges and outstanding account balances incurred by You in respect to the TechPOS Services, and this Section 4.4 constitutes good and sufficient authority to TechPOS for so doing. If You do not provide notice of non-renewal of the subscription for the TechPOS Services (of at least 30 days for any monthly subscription and 60 days for any annual subscription), then the relevant fees for the renewal of Your subscription to the TechPOS Services for a new subscription having the same subscription term will be automatically processed and charged to You in full at the then-current fees for the TechPOS Services for such renewed term.<\/p>\n
\n<\/strong>
\nTechPOS may change the fees TechPOS charges for the TechPOS Services at any time in discretion of TechPOS. Changes to the fees will be communicated by being posted on the TechPOS website and will become effective at the time of posting, provided, however, any fee changes will not change subscription fees applicable to Your current subscription term, however, such fee changes will be applicable to Your next subscription renewal. If You do not wish to pay the changed fees, then Your sole recourse is to not renew Your subscription for the TechPOS Services.<\/p>\n
\n<\/strong>
\nIf Your account is five (5) or more days overdue in the case of a monthly subscription or fifteen (15) or more days overdue in the case of an annual or multi-year subscription, then in addition to any of its other rights or remedies, TechPOS shall have the right to suspend the TechPOS Services provided to You, without liability to You, until such amounts are paid in full.<\/p>\n
\n<\/strong>
\nYou are responsible for all activity occurring on Your Account and for compliance with this Agreement. Without limiting the generality of the foregoing, You agree that You will not:
\n\u2022 use the Platform other than as permitted by this Agreement; share Your login information with any individual;
\n\u2022 use the Platform to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
\n\u2022 license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party;
\n\u2022 use the Platform to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You does not have the consent or permission from the owner of any personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
\n\u2022 use the Platform to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
\n\u2022 continue to use the Platform in a manner that interferes with or disrupts the integrity or performance of the Platform following a notice from TechPOS of such use;
\n\u2022 attempt to gain unauthorized access to the Platform or its related systems or networks;
\n\u2022 use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Platform;
\n\u2022 use any data mining, robots or similar data gathering or extraction methods;
\n\u2022 access the Platform for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Platform; or
\n\u2022 copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Platform or any part thereof or otherwise attempt to discover any source code or modify the Platform, except as expressly provided for in this Agreement.<\/p>\n
\n<\/strong>
\nThe Website, Platform, TechPOS Services and the information and materials contained therein (except for information and material provided by Users of the TechPOS Services), are the property of TechPOS and its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms and payment of any applicable fees, we grant You a non-transferable, non-exclusive, license to access and use the Website and Platform for Your internal business purposes use, and not for the use of any other person or individual. Nothing in the Terms gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the TechPOS Services under without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Platform. Any future release, update, or other addition to functionality of the Website, Platform and TechPOS Services shall be subject to the terms of these Terms.<\/p>\n
\n<\/strong>
\n7.1 Term
\n<\/strong>
\nThe Term of your subscription to any TechPOS Services shall be specified on your Order Form. If no term is specified, the term of this Agreement shall be month-to-month.<\/p>\n
\n<\/strong>
\nTechPOS retains the right to terminate this Agreement and\/or Your ability to access the Platform and TechPOS Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these Terms of Use; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and\/or Platform and TechPOS Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and\/or participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of Your credentials).<\/p>\n
\n<\/strong>
\nIn the event of Termination by either Party, TechPOS reserves the right to delete any information in the User Account that it is not required by law to retain. If specified on your Order Form, You will be required to pay a termination fee if You terminate this Agreement prior to the expiry of the Term.<\/p>\n
\n<\/strong>
\nTermination, suspension, or expiration of Your Subscription shall not relieve You of the obligation to pay any fees accrued or payable to TechPOS. Upon Termination by TechPOS under Section 7.2, all applicable fees for the remainder of the Term shall become due immediately.<\/p>\n
\n<\/strong>
\n8.1 Information Disclaimer
\n<\/strong>
\nAny information or materials provided by the Website, Platform and TechPOS Services, including but not limited to recommendations, product regulation, as well as other analytics, are for information purposes only. There is no guarantee that any of the information provided by the Website or Platform will be applicable to You or Your customers and TechPOS does not make any representations or warranties about the effectiveness of any of the information and materials provided by the Website, Platform or TechPOS Services. It is Your responsibility to ensure that any products recommended or sold are safe for Your customers. Your customers should consult a physician for any and all health advice. TechPOS expressly disclaims any and all liability or responsibility for any loss, harm, injury to person or property, illness, damage or any other claim arising as a result of User reliance on the information and material provided by the Website, Platform, and TechPOS Services.<\/p>\n
\n<\/strong>
\nYou understand that the transmission of User Content is necessary to use of the TechPOS Services. Therefore, You expressly consent to storage of User Content of TechPOS, which will involve transmission over the Internet, and over various networks, only part of which may be owned and\/or operated by TechPOS. TechPOS is committed to protecting Your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. TechPOS is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by TechPOS, including, the Internet and Your local network. You agree that TechPOS is not in any way responsible for any interference with Your use of or access to the TechPOS Services or security breaches arising from or attributable to the Internet and You waive any and all claims against TechPOS in connection therewith.<\/p>\n
\n<\/strong>
\nTHE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE AND PLATFORM ARE PROVIDED \"AS IS.\" SPECIFICALLY, BUT WITHOUT LIMITATION, TECHPOS DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) PRODUCT RECOMMENDATIONS WILL BE APPROPRIATE AND\/OR SAFE FOR CUSTOMERS; (III) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (IV) DEFECTS WILL BE CORRECTED, OR (V) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECHPOS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. TECHPOS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND TECHPOS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.<\/p>\n
\n<\/strong>
\nUNDER NO CIRCUMSTANCES SHALL TECHPOS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR TECHPOS SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF TECHPOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
\nNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TECHPOS'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO TECHPOS IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST TECHPOS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.<\/p>\n
\n<\/strong>
\nYOU SHALL INDEMNIFY, DEFEND AND HOLD TECHPOS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS GOVERNING THE COLLECTION, ACCESS, USE, DISCLOSURE AND STORAGE OF PERSONAL INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY CONSENT REQUIREMENTS THEREIN.<\/p>\n
\n<\/strong>
\nThis Website may contain advertisements and\/or links to other websites that are not owned or controlled by TechPOS. TechPOS is not responsible for the content of any linked websites. Any third-party websites or TechPOS Services accessed from the Website are subject to the terms and conditions of those websites and or TechPOS Services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non-TechPOS websites does not imply that TechPOS endorses or accepts any responsibility for the content or use of such websites, and You hereby release TechPOS from all liability and\/damages that may arise from Your use of such websites or receipt of TechPOS Services from any such websites.<\/p>\n
\n<\/strong>
\n12.1 Enforcement of Terms and Conditions
\n<\/strong>
\nIf any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of TechPOS to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by TechPOS must be in writing and shall only apply to the specific instance identified in such writing. No waiver by TechPOS of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.<\/p>\n
\n<\/strong>
\nYou may not assign the Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without prior written consent of TechPOS. TechPOS may assign the terms of use, or any rights or licenses granted hereunder, at any time without notice.<\/p>\n
\n<\/strong>
\nIn addition to Sections 4, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and 12.5 all representations, warranties and conditions made by You in these terms of use shall survive the termination of these terms of use. Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination. All payment obligations incurred by You prior to the termination of these Terms of Use shall survive their termination<\/p>\n
\n<\/strong>
\nThese Terms of Use, together with the TechPOS Privacy Policy and any applicable partner agreement, constitutes the entire agreement between the parties relating to the website and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by TechPOS.<\/p>\n
\n<\/strong>
\nYou acknowledge and agree that the Platform and TechPOS Services may be subject to export and import controls under the regulations of Canada, the United States and other countries, and you shall comply with all export and import control regulations of such countries. You shall not use the Platform or TechPOS Services for any purposes prohibited by export laws, including, without limitation, nuclear, chemical or biological weapons proliferation. You shall be responsible for procuring all required permissions for any subsequent export, import or use of the Platform or TechPOS Services.<\/p>\n