Terms of Service

1. Acceptance of Terms

By accessing or using AlfaPOS ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service. These Terms apply to all users of the Service, including merchants and any authorized users of merchant accounts.

2. Description of Service

AlfaPOS provides a mobile point-of-sale application that integrates with Stripe to enable merchants to accept in-person card payments and manage transactions.

3. User Accounts

To use AlfaPOS, you must link a valid Stripe account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

EU and UK users have additional rights regarding their personal data as described in our Privacy Policy, including rights of access, rectification, erasure, and data portability under GDPR and UK GDPR.

By creating an account, you consent to receive service-related communications. Marketing communications require separate consent, which you can manage by using the unsubscribe link in our emails.

4. Payment Processing

All payment processing is handled through Stripe. You must comply with Stripe's Terms of Service and applicable card network rules. AlfaPOS is not responsible for payment processing errors or issues arising from your Stripe account.

5. Fees and Pricing

Pricing for AlfaPOS services is as displayed on our website. We reserve the right to modify pricing with at least 30 days' notice. Stripe processing fees apply separately according to your Stripe agreement.

For EU and UK consumers, price increases will not apply to existing subscriptions for the current billing period. You have the right to terminate without penalty if you do not accept the price increase.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You may not use the Service for any fraudulent or illegal transactions.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by AlfaPOS and are protected by international copyright, trademark, and other intellectual property laws.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

8.1

AlfaPOS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or other harmful code that may be transmitted to or through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service

8.2

In no event shall AlfaPOS's total liability to you for all damages, losses, and causes of action exceed the amount you paid to AlfaPOS in the twelve (12) months preceding the claim, or CAD $100, whichever is greater.

8.3

Nothing in these Terms shall exclude or limit liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

8.4

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

If you are a consumer in the European Union or United Kingdom, statutory rights under applicable consumer protection laws are not affected by these limitations.

9. Warranties Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, title, or non-infringement
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of any content or data provided through the Service
• Warranties that any defects or errors will be corrected

You acknowledge that your use of the Service is at your sole risk. AlfaPOS does not warrant that the Service will meet your requirements or that any results obtained from the use of the Service will be accurate or reliable.

10. Governing Law and Dispute Resolution

10.1

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

10.2 Jurisdiction

• For users outside the European Union and United Kingdom: Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.
• For users in the European Union: Disputes may be brought in the courts of your country of residence or in Toronto, Ontario, Canada.
• For users in the United Kingdom: Disputes may be brought in the courts of England and Wales or in Toronto, Ontario, Canada.

10.3

You agree that any claim or cause of action arising out of your use of the Service must be filed within one (1) year after such claim or cause of action arose, or the maximum period allowed by applicable law, whichever is longer.

11. Termination

11.1 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms, is harmful to other users or third parties, or for any other reason.

11.2 Termination by You

You may terminate your account at any time by discontinuing use of the Service and disconnecting your Stripe account integration.

11.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• You will no longer be able to access your account or any data stored in the Service
• We are not obligated to retain any of your data after termination
• Any outstanding fees owed to AlfaPOS remain due and payable

11.4 Data Export

We recommend that you export any transaction records or data you wish to retain before terminating your account. Once your account is terminated, we cannot guarantee the availability of your data.

11.5 Survival

Sections of these Terms that by their nature should survive termination (including but not limited to Limitation of Liability, Warranties Disclaimer, Indemnification, and Governing Law) shall continue in effect after termination.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

13. Indemnification

You agree to indemnify, defend, and hold harmless AlfaPOS, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any transactions you process through the Service.

For EU and UK consumers, this indemnification clause applies only to the extent permitted by applicable consumer protection laws.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15. EU and UK Consumer Rights

15.1 Right of Withdrawal

If you are a consumer in the European Union or United Kingdom, you have the right to withdraw from these Terms within 14 days of account creation without giving any reason. However, if you begin using the Service during this period and expressly request immediate performance, you acknowledge that your right of withdrawal ends once the service has been fully performed.

15.2 Unfair Terms

If you are a consumer in the European Union or United Kingdom, nothing in these Terms affects your statutory rights that cannot be excluded or limited by contract, including rights under consumer protection legislation.

15.3 Dispute Resolution (EU/UK)

If you are a consumer resident in the European Union, you may access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/. UK consumers may access alternative dispute resolution through approved ADR providers.

16. Contact Information

If you have any questions about these Terms, please contact us at legal@alfapos.ca.

17. Entire Agreement

These Terms constitute the entire agreement between you and AlfaPOS regarding the Service and supersede all prior agreements and understandings, whether written or oral.

18. Force Majeure

AlfaPOS shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, extreme weather events, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.