Terms of Service

1. Agreement to Terms

By accessing or using the Sales Point 360 platform, website, and related services (the "Service") operated by Sales Point 360 ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

Sales Point 360 is a cloud-based, multi-tenant SaaS point-of-sale (POS) platform that provides businesses with tools for sales processing, inventory management, customer management, employee management, reporting, and related services. Each business operates within an isolated tenant environment with its own data, users, and configuration.

3. Account Registration

• You must provide accurate, complete, and current registration information.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account.
• You must be at least 18 years old to create an account.

4. Plans and Pricing

4.1 Subscription Plans

The Service is offered under various subscription plans (Free, Basic, Starter, Professional, Business, Enterprise) with different features, limits, and pricing. Plan details and pricing are available on our pricing page.

4.2 Billing

• Paid plans are billed monthly or annually in advance.
• All fees are stated in US Dollars (USD) unless otherwise specified.
• Payment is processed via Stripe. By subscribing, you authorize recurring charges to your payment method.
• You are responsible for all applicable taxes.

4.3 Plan Changes

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately; downgrades take effect at the end of the current billing period. Downgrading may result in loss of access to certain features or data exceeding the new plan's limits.

4.4 Refunds

Subscription fees are non-refundable except where required by applicable law. If you cancel a paid plan, you retain access until the end of the current billing period.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Service, other accounts, or systems
• Interfere with or disrupt the Service or servers
• Upload malicious code, viruses, or harmful content
• Scrape, harvest, or collect data from the Service without authorization
• Resell, sublicense, or redistribute the Service without our written consent
• Use the Service to process transactions for illegal goods or services
• Impersonate another person or entity
• Exceed the resource limits of your plan (stores, products, users, registers)

We reserve the right to suspend or terminate accounts that violate these terms.

6. Your Data

6.1 Ownership

You retain full ownership of all data you upload, create, or process through the Service ("Your Data"). We do not claim ownership of Your Data.

6.2 License to Us

You grant us a limited, non-exclusive license to host, store, process, and display Your Data solely for the purpose of providing and improving the Service.

6.3 Data Export

You may export Your Data at any time through the Service's export features or by contacting support. We will provide Your Data in a standard, machine-readable format upon request.

6.4 Data Isolation

Your Data is isolated from other tenants. We maintain strict data separation at the application and database level to ensure no other business can access your information.

6.5 Backups

We perform regular automated backups of the Service. However, we recommend maintaining your own backups of critical data. We are not liable for data loss beyond our reasonable control.

7. Intellectual Property

The Service, including its software, design, logos, documentation, and all related intellectual property, is owned by Sales Point 360 and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

8. Third-Party Services

The Service integrates with third-party services including payment processors (Stripe), email providers, and other tools. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Unplanned outages or technical issues
• Force majeure events

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.
• We do not warrant that the Service will be error-free, secure, or uninterrupted.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption.
• Our total liability for any claims arising from the Service shall not exceed the fees you paid to us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Sales Point 360, its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

12.1 By You

You may cancel your account at any time through your account settings or by contacting support. Upon cancellation, your access continues until the end of the current billing period.

12.2 By Us

We may suspend or terminate your account if you violate these Terms, fail to pay fees, or engage in activity that harms the Service or other users. We will provide reasonable notice when possible.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Your Data will be retained for 30 days to allow retrieval, after which it will be permanently deleted unless retention is required by law.

13. Governing Law

These Terms are governed by and construed in accordance with applicable law. Any disputes arising from these Terms or the Service shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration or the courts of competent jurisdiction.

14. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes via email or a prominent notice on the Service at least 30 days before the changes take effect. Continued use of the Service after changes constitutes acceptance.

15. General

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sales Point 360.
• Severability: If any provision is found invalid, the remaining provisions remain in effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

16. Contact Us

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

• Email: [email protected]
• Website: salespoint360.com/contact