Terms of Service

Draft, under legal review. This text has not been reviewed by a lawyer yet and may change before SiferPOS opens for sign-ups. Items in [brackets] are still to be confirmed.

Last updated: [date]

These Terms of Service ("Terms") form an agreement between Sifer Solutions Inc. ("SiferPOS", "we", "us") and the business that signs up for SiferPOS ("Customer", "you"). By creating an account, ticking the box at sign-up, or using SiferPOS, you agree to these Terms. If you sign up for a business, you confirm that you have authority to bind it.

1. The service

SiferPOS is point-of-sale software. It includes the hosted service at your store address (yourstore.siferpos.com), the SiferPOS desktop app for Windows, and any mobile app included in your plan (together, the "Service"). SiferPOS is for business use only, not for personal or household use.

2. Your account

  • You must give accurate sign-up information and keep it up to date.
  • You are responsible for your staff accounts, PINs and passwords, and for everything done under your account. Tell us right away at info@siferpos.com if you think your account has been misused.
  • One sign-up creates one store. Your store address can't be changed after sign-up [confirm].

3. Free trial

  • New stores get a 14-day free trial. A valid payment card is required to start it.
  • Unless you cancel before the trial ends, your paid plan starts automatically and your card is charged on day 15. We will email you before the trial ends.
  • We may limit trials to one per business and may end a trial that is being abused.

4. Plans, prices and billing

  • Plans: Core $29/month, Pro $89/month, Complete $129/month, or yearly at 10 % off ($313.20, $961.20 and $1,393.20 per year). Prices are in [CAD] and exclude applicable taxes (GST/HST/PST), which we add to your bill.
  • Subscriptions renew automatically at the end of each monthly or yearly period until cancelled. You authorize us and our payment processor, Stripe, to charge your card for each period. We never see or store your full card number.
  • Upgrades take effect immediately, with the price difference prorated. Downgrades take effect at the next renewal.
  • We may change prices with at least 30 days' notice by email. New prices apply from your next renewal after that notice. [If yearly: from the next yearly renewal.]
  • Refunds: fees are non-refundable, including for partial periods, except where the law requires otherwise. [Owner to decide: e.g. pro-rated refund of a yearly plan within 30 days?]

5. Late or failed payment

  • If a payment fails, we will email you and retry the card. You have a 5-day grace period to update your payment details, during which the Service keeps working.
  • After the grace period, we may pause your store. While paused, new sales are blocked, but you can still sign in to update payment and export your data.
  • Once payment is brought up to date, your store is restored.

6. Cancellation, and deletion of your data

  • You can cancel anytime from your account. Cancellation takes effect at the end of the current paid period; the Service works until then.
  • Once your store is cancelled or paused for non-payment, we keep your data for 60 days. During that time you can sign in to export it or reactivate the store. We will email the account owner about every 2 weeks, plus a final notice 3 days before deletion.
  • After 60 days, we permanently delete your store and its data. Deletion cannot be undone. Copies in our backups are overwritten in the normal backup cycle [confirm: within N days].
  • [Lawyer: confirm whether any retention obligation (for us or the customer, e.g. CRA records retention) affects this. The customer is responsible for keeping its own business and tax records.]

7. Your data

  • You own your data: products, sales, customers, reports and anything else you put into SiferPOS ("Customer Data").
  • You give us permission to host, copy, process and display Customer Data only to provide, secure, support and improve the Service and as described in our Privacy Policy.
  • For personal information about your customers and staff that you put into SiferPOS, you are responsible for having the right to collect it and for telling them how it is used. We process it on your behalf and following your instructions.
  • We may use anonymous, aggregated statistics that don't identify you or any person (for example total transaction counts) to run and improve the Service.

8. Acceptable use

You must not: - use the Service for anything illegal, fraudulent, or to sell prohibited goods; - try to get into other customers' stores or data, or test, probe or attack the Service's security; - copy, reverse-engineer, resell or sublicense the Service, except as the law allows; - send spam with any email or marketing feature; - overload the Service in ways that harm other customers.

We may suspend accounts that break these rules. Where reasonable, we will warn you first.

9. Card payments and third parties

  • Integrated card terminals are provided by a separate payment processor (for example Paymentree) under your own agreement with that processor. That processor, not SiferPOS, handles your card transactions, deposits, chargebacks and processing fees.
  • SiferPOS shows the result reported by the terminal. You are responsible for reconciling your card settlements and for following the on-screen instructions when a terminal's result is unknown.
  • Other integrations (for example WooCommerce or email providers) are governed by those providers' terms.

10. Hardware, internet and the desktop app

  • You provide your own computers, printers, scanners, scales, cash drawers, terminals and internet connection.
  • The desktop app can keep selling during short internet outages and syncs later. Some features (for example card payments and reports) need an internet connection.
  • We may release updates to the app automatically. Keep it up to date; older versions may stop being supported.

11. Availability and support

  • We aim to keep the Service available at all times, but we do not guarantee uninterrupted or error-free operation. Planned maintenance will be done outside typical store hours where possible.
  • Support is by email at info@siferpos.com [hours / response time]. Complete plans get priority.

12. Changes to the Service and to these Terms

  • We may improve or change features. If we remove a major feature from your plan, we will give reasonable notice.
  • We may update these Terms. For material changes, we will email you at least 30 days before they take effect. Continuing to use the Service after that means you accept them.

13. Our intellectual property

SiferPOS, its software, design and branding belong to us or our licensors. Your subscription gives you a limited, non-exclusive, non-transferable right to use the Service during your subscription. Feedback you send us may be used freely.

14. Warranties disclaimer

[Lawyer to review wording for Alberta/Canada.] Except as stated in these Terms, the Service is provided "as is" and "as available". We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows.

15. Limitation of liability

[Lawyer to review.] To the extent the law allows: - we are not liable for indirect, incidental, special or consequential damages, or for lost profits, revenue, sales or data; - our total liability for all claims is limited to the fees you paid us in the 12 months before the claim.

16. Indemnity

You will defend and compensate us against claims arising from your Customer Data, your use of the Service in breach of these Terms or the law, or your dealings with your own customers.

17. Termination by us

We may suspend or end your account for serious or repeated breach of these Terms, non-payment (after the steps in section 5), or if required by law. Section 6 applies to your data afterwards.

18. General

  • Governing law: the laws of Alberta and the federal laws of Canada that apply there. Courts in [Calgary/Edmonton], Alberta have jurisdiction.
  • These Terms, the Privacy Policy and your plan details are the entire agreement.
  • If a part of these Terms is unenforceable, the rest stays in effect.
  • You may not transfer this agreement without our consent. We may transfer it as part of a merger or sale of the business.
  • Notices to us: info@siferpos.com / [mailing address]. Notices to you: the account owner's email.

19. Contact

Sifer Solutions Inc. · [Address] · info@siferpos.com