Terms of Service

These Terms of Service (the “Terms”) form an agreement between you and KOI POS, Inc., a Nevada corporation (“KOI POS,” “we,” “us,” or “our”), and govern your access to and use of the KOI POS point-of-sale application for iOS and Android, our websites, and related services (together, the “Service”).

By creating an account, accessing, or using the Service, you agree to these Terms. If you are agreeing on behalf of a business, you represent that you have authority to bind that business, and “you” means that business. If you do not agree, do not use the Service.

• You must provide accurate information when creating an account and keep it current.
• You are responsible for activity under your account, including activity by your staff.
• You are responsible for keeping login credentials and staff PINs confidential, and for promptly telling us at hi@koipos.com if you believe an account has been compromised.
• You must be at least 18 years old, or the age of majority where you live, to create an account.

You agree not to:

• use the Service in violation of any law, regulation, or card network rule;
• send unlawful, deceptive, harassing, or unsolicited marketing messages through the Service;
• upload content you do not have the right to use, or that infringes someone else's rights;
• attempt to gain unauthorized access to the Service, other merchants' data, or our systems;
• interfere with or disrupt the integrity or performance of the Service; or
• reverse engineer, resell, or sublicense the Service except as permitted in writing by us.

We may suspend or limit access if we reasonably believe your use threatens the security, availability, or lawful operation of the Service.

You keep ownership of the business and customer information you put into the Service. You grant us the rights we need to host, process, and display that information in order to operate the Service for you.

You are responsible for collecting any consents your own customers must give — including consent to receive text messages — and for using the Service in line with the privacy notices you give them. Our handling of personal information is described in our Privacy Policy.

Card payments taken through the Service are processed by third-party payment processors. Your use of payment processing is also subject to the processor’s own terms, and you are responsible for the accuracy of the prices, taxes, refunds, and receipts you issue.

We do not store full payment card numbers. Fees for the Service, if any, are those stated in your order form or plan at the time you subscribe, and are payable in advance unless agreed otherwise.

The Service, including its software, design, and trademarks, is owned by KOI POS, Inc. and its licensors, and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service while your account is in good standing. Nothing in these Terms transfers ownership of the Service to you.

These SMS Messaging Terms apply to text messages sent through the KOI POS messaging program.

What messages we send

• One-time verification codes sent to merchants and their staff to confirm a login or account change.
• Digital receipts and order-ready alerts sent to customers who ask for them at checkout.
• Account and service alerts sent to merchants about their account or the operation of the Service.

These messages are transactional. We do not send marketing or promotional text messages through this program.

Consent is optional

Consent to receive text messages is optional and is not a condition of purchasing any goods or services, and not a condition of creating an account. Customers opt in through an unchecked checkbox at checkout; merchants and staff opt in through an unchecked checkbox at account signup. You may use the Service fully without agreeing to receive text messages.

Frequency and cost

Message frequency varies. Message and data rates may apply.Your mobile carrier’s charges are between you and your carrier.

How to stop messages

You may cancel at any time by replying STOP to any message from us. After you send STOP, we will send one confirmation message and you will receive no further messages. To start again, opt in as described above.

How to get help

Reply HELP to any message for help, or contact us at hi@koipos.com or 888-910-9552.

Carriers and delivery

Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and your device, and we cannot guarantee that every message arrives.

Privacy

Mobile numbers and SMS consent are handled as described in our Privacy Policy. We do not sell, rent, or share mobile phone numbers or SMS opt-in data with third parties or affiliates for marketing or promotional purposes. You can see exactly how we collect consent on our SMS opt-in page.

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that messages, receipts, or notifications will always be delivered.

To the fullest extent permitted by law, KOI POS, Inc. will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to the Service, even if we have been advised of the possibility of those damages.

Our total liability for all claims relating to the Service in any twelve-month period will not exceed the amounts you paid us for the Service during that period.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if your use creates a security or legal risk. On termination, your right to use the Service ends. We will make your data available for export for a reasonable period unless the law requires otherwise.

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules. The state and federal courts located in Clark County, Nevada, have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to their jurisdiction.

We may update these Terms from time to time. When we do, we will change the effective date at the top of this page and, if the change is material, give notice in the Service or by email. Continuing to use the Service after a change takes effect means you accept the updated Terms.

Questions about these Terms can go to: