This page is a starting template. Have it reviewed by counsel and adapted to the jurisdictions you operate in before publishing as a binding agreement.
1. Agreement
These Terms of Service ("Terms") govern your access to and use of WexaPOS's software, websites, and services (collectively, the "Services"). By creating an account or using the Services you agree to these Terms. If you are agreeing on behalf of a business, you represent that you have authority to bind that business.
2. The Services
WexaPOS provides cloud-based point-of-sale, inventory, customer, and business-management tools. We may add, change, or remove features over time. We will give reasonable notice of changes that materially reduce functionality during a paid plan term.
3. Your account
- You must be at least 18 years old and able to enter into a binding contract.
- You are responsible for the accuracy of the information you provide and for keeping your credentials confidential.
- You are responsible for everything that happens under your account, including actions taken by your team members.
- Notify us immediately at security@wexapos.com of any unauthorized use.
4. Plans, billing, and trials
- Paid plans renew automatically at the end of each billing cycle until cancelled.
- Fees are charged in advance and are non-refundable except where required by law or expressly stated.
- Trials are provided as-is and may be ended or changed at any time. Continuing to use the Services after the trial requires a paid plan.
- You authorize us to charge the payment method on file for all amounts due, including taxes.
- Late payments may result in suspension or termination after reasonable notice.
5. Your data
You retain all rights to the data you put into the Services ("Your Data"). You grant us a limited licence to host, process, transmit, display, and back up Your Data as needed to provide the Services. We handle Your Data in line with our Privacy Policy.
6. Acceptable use
You agree not to:
- Use the Services to violate any law or third-party right.
- Reverse-engineer, decompile, or attempt to extract source code, except where permitted by law.
- Resell, sublicense, or provide the Services to a third party except through an authorized partner program.
- Interfere with the integrity, security, or performance of the Services or attempt unauthorized access.
- Use the Services to send unsolicited messages or to process payments for prohibited goods or services.
7. Third-party services
The Services may interoperate with third-party tools (for example payment processors, SMS providers, or shipping carriers). Your use of those tools is governed by the third party's own terms, and we are not responsible for their acts or omissions.
8. Suspension and termination
- You may cancel your subscription at any time from within the Services or by contacting us.
- We may suspend or terminate access if you violate these Terms, if your account is delinquent, or to protect the Services or other users.
- On termination, we will make Your Data available for export for a reasonable period before deletion, except where retention is legally required.
9. Confidentiality
Each party agrees to protect the other party's confidential information using at least reasonable care and to use it only for the purposes of these Terms.
10. Disclaimers
The Services are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or that any data loss will not occur.
11. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, or data. Each party's total aggregate liability arising out of these Terms will not exceed the fees paid by you to WexaPOS during the twelve (12) months preceding the event giving rise to the claim.
12. Indemnification
You agree to defend and indemnify WexaPOS against third-party claims arising out of (a) Your Data, (b) your use of the Services in violation of these Terms or applicable law, or (c) any breach of your representations herein.
13. Changes to these Terms
We may update these Terms from time to time. We will post the updated version on this page and update the "Last updated" date. For material changes we will give reasonable notice before they take effect. Continued use after the effective date constitutes acceptance.
14. Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which WexaPOS is established, without regard to its conflict-of-laws principles. Any dispute will be resolved in the competent courts of that jurisdiction, unless a different forum is required by applicable consumer-protection law.
15. Contact
Questions about these Terms can be sent to legal@wexapos.com or via our contact form.