End User Licence Agreement
This is the licence you accept when SnapPOS is installed. Buying SnapPOS (quotes, hardware, installation and support) is covered by the Customer Terms.
Important — Read Before Installing
This End User Licence Agreement (this "Agreement") is a binding contract between you, the business licensing the software (the "Licensee"), and SnapPOS, LLC, a Texas limited liability company ("SnapPOS", "we", "us"). By installing, activating or using the SnapPOS software (the "Software"), you accept these terms. If you do not accept them, do not install or use the Software.
If you are accepting on behalf of a business, you represent that you have authority to bind that business.
1. Licence Grant
1.1 Grant
Subject to this Agreement and payment of all applicable fees, SnapPOS grants the Licensee a non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software on the number of registers, tills or terminals authorised by the Licensee’s licence key, at the Licensee’s own business premises, for the Licensee’s own internal business operations.
1.2 Licence Key and Entitlements
The Software is activated by a licence key issued by SnapPOS. The key records the business name and the scope of the licence, including the number of authorised registers and any optional modules the Licensee has purchased. Use beyond the scope recorded in the key is not licensed.
1.3 Authorised Installers
Installation may be performed by SnapPOS or by a technician authorised by SnapPOS. The Licensee shall not permit any person to install, activate or modify the Software using credentials, keys or install tokens not issued to that person by SnapPOS.
1.4 Updates
SnapPOS may make updates available. A licensed installation may install them, and updates are governed by this Agreement unless supplied with different terms. SnapPOS is not obliged to provide updates.
2. Restrictions
The Licensee shall not, and shall not permit any third party to:
- copy the Software except for a reasonable number of backup copies;
- sell, rent, lease, lend, sublicense, distribute or otherwise make the Software available to any third party;
- reverse engineer, decompile or disassemble the Software, or attempt to derive its source code, except to the extent that restriction is prohibited by law;
- modify, adapt or create derivative works of the Software;
- circumvent, disable or tamper with any licensing, activation or entitlement mechanism, or use a licence key not issued to the Licensee;
- remove or obscure any proprietary notice;
- use the Software to operate a bureau, service or hosted offering for third parties.
3. Ownership
The Software is licensed, not sold. SnapPOS retains all right, title and interest in and to the Software, including all intellectual property rights. No rights are granted except those expressly stated in this Agreement. The Licensee owns its own business data.
4. Licensee Data
4.1 Local Operation
The Software runs on the Licensee’s own hardware, at the Licensee’s premises. SnapPOS does not receive, access or store the Licensee’s sales records, inventory data, staff records or the personal data of the Licensee’s customers in the ordinary operation of the Software. When a user checks for an update, the Software asks snappos.net whether a newer version exists and sends no business data.
4.2 Support Access
If the Licensee requests support that requires remote access, access will be given only with the Licensee’s knowledge and only for as long as necessary to address the issue.
4.3 Backups Are the Licensee’s Responsibility
The Licensee is solely responsible for maintaining backups of its own data. SnapPOS does not hold a copy of the Licensee’s data and cannot restore it. Loss of data resulting from hardware failure, theft, power loss, ransomware or user error is not recoverable by SnapPOS.
5. Payment Card Handling
Where the Software is used with a payment terminal, card data is captured and transmitted by the payment terminal and the payment processor. The Software does not store full payment card numbers and does not transmit card data to SnapPOS.
The Licensee remains responsible for its own compliance obligations as a merchant, including any obligations under the Payment Card Industry Data Security Standard and under its agreement with its payment processor. SnapPOS is not a payment processor and does not hold merchant funds.
6. Tax Calculation
The Software can calculate sales tax based on rates and rules configured by the Licensee. The Licensee is solely responsible for configuring correct rates, for determining the taxability of its products and services, and for the accuracy, filing and payment of its own taxes. SnapPOS does not provide tax advice and gives no assurance that any configuration produces a correct tax result.
7. Third-Party Components
The Software may include third-party or open source components licensed under their own terms. Those terms govern those components and, to the extent they conflict with this Agreement, prevail in respect of those components. A list of such components is available on request.
8. Warranty and Disclaimer
8.1 Limited Warranty
SnapPOS warrants that, for thirty (30) days from first activation, the Software will perform substantially in accordance with its documentation. The Licensee’s sole remedy for breach of this warranty is, at SnapPOS’s option, repair, replacement, or refund of the fees paid for the Software.
8.2 Disclaimer
EXCEPT AS EXPRESSLY STATED IN SECTION 8.1, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. SNAPPOS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SNAPPOS DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
9.1 Excluded Losses
SNAPPOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Cap
SNAPPOS’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE LICENSEE TO SNAPPOS FOR THE SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.3 Basis of the Bargain
The Licensee acknowledges that the fees for the Software reflect this allocation of risk, and that SnapPOS would not license the Software on these terms without the limitations in Sections 8 and 9.
9.4 Exceptions
Nothing in this Agreement excludes liability that cannot be excluded by law, including liability for fraud or for death or personal injury caused by negligence.
10. Indemnity by Licensee
The Licensee shall indemnify SnapPOS against claims, losses and expenses arising from the Licensee’s use of the Software in breach of this Agreement, the Licensee’s own tax determinations, or the Licensee’s handling of its customers’ personal data.
11. Term and Termination
11.1 Term
This Agreement takes effect on first installation or activation and continues until terminated.
11.2 Termination for Breach
SnapPOS may terminate this Agreement on written notice if the Licensee materially breaches it and fails to cure within thirty (30) days of notice. SnapPOS may suspend or terminate immediately for breach of Section 2.
11.3 Effect
On termination the licence ends and the Licensee shall cease using the Software and remove it from all devices. The Licensee retains its own business data. Sections 3, 4.3, 5, 6, 8, 9, 10 and 12 survive termination.
12. General
12.1 Governing Law and Venue
This Agreement is governed by the laws of the State of Texas without regard to conflict of laws principles. Venue for any dispute lies in the state or federal courts located in Gregg County, Texas, and the parties consent to that jurisdiction.
12.2 Entire Agreement
This Agreement, together with any support plan and the SnapPOS customer terms, is the entire agreement between the parties on its subject matter.
12.3 Assignment
The Licensee may not assign this Agreement without SnapPOS’s prior written consent. SnapPOS may assign in connection with a merger or sale of substantially all of its assets.
12.4 Severability and Waiver
If any provision is unenforceable it shall be reformed to the minimum extent necessary and the remainder continues in effect. Failure to enforce a provision is not a waiver.
12.5 Notices
Notices to SnapPOS may be sent to support@snappos.net. Notices to the Licensee may be sent to the contact address on the Licensee’s account.
Contact
SnapPOS, LLC
Texas, USA
Email: support@snappos.net
Phone: 903-483-4219