Terms Of Use

General conditions

• If you are using the Software, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then we grant you a revocable, non-exclusive, non-sublicensable, non-transferable, limited license to access and/or the Software in accordance with these Terms of Use. This license applies to the software and all updates, upgrades, new versions and replacement software.
• You may not rent, lease or otherwise transfer your rights in the Software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the Software and the Services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, us, and third parties. We may update or discontinue any software upon notice to you.
• You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software or any third party materials or technology, or otherwise create any derivative works from any of the Software or third party materials or technology.
• You acknowledge and agree that we may amend these Terms of Use at any time by posting the relevant amended and restated Terms of Use on the Website and such amendments to the Terms of Use are effective as of the date of posting. You are advised to check these Terms of Use from time to time for any updates and changes that may impact you. Your continued use of the Services after the amended Terms of Use are posted to the Website constitutes your agreement to, and acceptance of, the amended Terms of Use. If you do not agree to any changes to the Terms of Use, do not continue to use the Services. You can review the current version of the Terms of Service at any time at https://cyclepos.com/terms-of-service.
• You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws), or the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules, and regulations in your use of the Services and your performance of obligations under the Terms of Use.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without our express written permission.
• You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use cyclepos.com or cycle trademarks and/or variations and misspellings thereof.
• You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
• The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Use and the laws of the jurisdiction from which you send messages, and in which your messages are received.
• You acknowledge and agree that your use of the Services, including information transmitted to or stored by us is governed by the Privacy https://www.cyclepos.com/privacy-policy
• All the terms and provisions of the Terms of Use shall be binding upon and inure to the benefit of the parties to the Terms of Use and to their respective heirs, successors, permitted assigns and legal representatives. We shall be permitted to assign the User Agreement and these Terms of Use without notice to you or consent from you. You shall have no right to assign or otherwise transfer this User Agreement and these Terms of Use, or any of your rights or obligations hereunder, to any third party without our prior written consent, to be given or withheld in our sole discretion.
• If any provision, or portion of the provision, in these Terms of Use is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Use, and the Terms of Use will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Use.
• By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow us to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that we can, at any time, review and delete all the Materials submitted via Services, although we are not obligated to do so.
• You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws and regulations and ensuring that the Materials do not violate any third-party rights, including intellectual property rights, and you have and will obtain all necessary assignments and consent from such third parties to use, disclose and make the Materials public.
• Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.

Account terms

• Any legal entity, individual entrepreneur or self-employed person is entitled to accept the Term of Service by starting to use the Software, specifically by signing up on the Website and registering an Account.
• You are responsible for the content and accuracy of the data provided during signing up. You are required to maintain the information provided current and up-to-date and bear all consequences for any inconsistency or inaccuracy of the data that you provide to us.
• You acknowledge that we will use the email address you provide on opening the Account or as updated by you from time to time as the primary method for communication with you. You must monitor the Account email address you provide to us, and your Account email address must be capable of both sending and receiving messages. Your email communications with us can only be authenticated if they come from your Account email address.
• You are responsible for keeping your Account login details and password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account login and/or password details.
• Contact us immediately if you believe your Account login information or password has been lost or stolen, or if you believe that your Account has been accessed without your permission using your login information.
• You acknowledge that you are responsible for the creation and operation of your storage and goods.
• cyclepos.com are not a marketplace. Any contract for sale, storage, or delivery made through your Account is directly between you and the buyer.
• You are responsible for all the Materials.
• You confirm that prior to accepting the Terms of Use and the Privacy Policy. that You have read the contents of the Terms of Use and the Privacy Policy. You also warrant to us that any User having access to the Account, and whose details have been provided to us, have also reviewed, and accepted our Privacy Policy.

Payment solutions

• Upon completion of sign up for the Service, you need to connect your Stripe account and solutions through Stripe API. Depending on your location, we may also create a Cycle account on your behalf.
• You acknowledge that Stripe will be your default payments gateway and that it is your sole responsibility as the User to activate and maintain this account. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate it. For the avoidance of doubt, Stripe is a Third-Party Service, as defined in clause 3 of this Section 4 of the Terms of Use.
• We may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third-Party Services”) for your consideration or use, including via the Cycle POS. Such Third-Party Services are made available only as a convenience, and your purchase, access or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third-Party Provider”). In addition to these Terms of Use, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third-Party Providers.
• Any use by you of Third-Party Services offered through the Services or the Website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them.
• We do not provide any warranties or make representations to you with respect to Third-Party Services. You acknowledge that we have no control over Third-Party Services and shall not be responsible or liable to you or anyone else for such Third-Party Services. The availability of Third-Party Services on the Website or the integration or enabling of such Third-Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with cyclepos.com. cyclepos.com does not guarantee the availability of Third-Party Services and you acknowledge that we may disable access to any Third-Party Services at any time in its sole discretion and without notice to you. We are not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. We strongly recommend that you seek specialist advice before using or relying on Third-Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
• If you install or enable a Third-Party Service for use with the Services, you grant us permission to allow the applicable Third-Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third-Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third-Party Provider is solely between you and such Third-Party Provider. We are not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer as a result of access by a Third-Party Service or a Third-Party Provider to your data or other Materials.
• The relationship between you and any Third-Party Provider is strictly between you and such Third-Party Provider, and we are not obligated to intervene in any dispute arising between you and a Third-Party Provider.
• Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
• You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, our partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party Service or your relationship with a Third-Party Provider.

Our Rights

• We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
• We reserve the right to refuse service to anyone for any reason at any time.
• We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Terms of Use, or applicable law or regulations.
• Verbal or written abuse of any kind (including threats of abuse or retribution) of any our customer, employee, member, or officer will result in immediate Account termination.
• We do not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
• We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that our employees and contractors may also be our customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
• In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
• We retain the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful User. If we are unable to reasonably determine the rightful User, without prejudice to our other rights and remedies, we reserve the right to temporarily disable an Account until resolution has been determined between the disputing parties.
• You allow us to use your trademark, commercial designation and any other means of individualization without additional consent for advertising purposes to promote the Services.
• We are entitled to receive reliable information about the Software functional capabilities by submitting an appropriate request by any available means including e-mail. We do not claim any intellectual property rights over the Materials you provide to the Service. All Materials you upload to your Store remains yours. You can remove your Store at any time by deleting your Account.

Confidential information

“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Our Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Use and in accordance with any other obligations in these Terms of Use. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Use, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Use; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Use.

Fees

• You will pay the Fees applicable to your subscription to Service and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than Cycle (“Transaction Fees”), and any fees relating to your purchase or use of any products or services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
• You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of the Services. You are responsible for all applicable Taxes that arise from or as a result of any sale on your Store.
• All the Fees shall be made free and clear of any deductions or withholdings whatsoever (including any taxes).
• Fee for the use of the Software is based on the chosen pricing plan, which are available on the Website. In order to use the Software, you need to make an advance payment after you choose the pricing plan. The chosen pricing plan will be also displayed in the Account.
• We do not provide refunds for the services prepaid at cyclepos.com.

Software, Service and Fees Updates

• Updating of 2can mobile apps through open marketplaces (Google Play) is free of charge.
• Prices for using the Services are subject to change upon 14 days’ notice. Such notice may be provided at any time by posting the changes to the Website.
• We reserve the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
• We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Liability and Warranties of the Parties

• You expressly understand and agree that, to the extent permitted by applicable laws, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
• To the extent permitted by applicable laws, in no event shall we or our suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our Services or these Terms of Use (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent company, subsidiaries, affiliates, our partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
• Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
• We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.
• We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
• We are not responsible for any of your tax obligations or liabilities related to the use of the Services.
• We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
• Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Use shall remain in full force and effect.
• This User Agreement, including the documents it incorporates by reference, constitute the entire agreement between you and us, and govern your use of the Services and your Account, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Use).

Privacy and Data Protection

• You guarantee that the Users have given informed voluntary consent to the processing of personal data including first and second name, phone number, e-mail address in the course of registration for the purpose of fulfillment of these Terms of Use. Otherwise, you shall reimburse the amounts of fines paid by us for the unlawful processing of personal data.
• The processing of personal data includes their storage, processing, anonymization, blocking and destruction for the purpose of fulfillment hereof and informing about the services provided by us.
• We are entitled to use the personal data provided by the User for marketing, advertising and informational purposes including informing about contests and promotions, sending newsletters and commercial offers, customizing the Website based on statistical data analysis.
• You shall notify us of any changes in the address, payment details and other data specified in the Account within five (5) working days from the date of such change. If you fail to submit such notification about the change you shall bear the risks and negative consequences associated with use of the changed data.
• You have the right to unsubscribe from newsletters and (or) require to destroy all personal data collected by us by submitting a written notification to us.
• Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Term and Termination of the Agreement

• This User Agreement shall remain in effect for an indefinite term. You may cancel your Account and terminate the User Agreement at any time by contacting Support and then following the specific instructions indicated to you in such response.
• Termination of the User Agreement shall not release the Parties from responsibility for violation hereof.
• In case of early termination of the User Agreement for any reason the Fee paid by you hereunder shall not be reimbursed.
• We are entitled to terminate the User Agreement unilaterally if you fail to comply with the Terms of Use or if we suspect that you (by conviction, settlement, insurance, or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
• We are entitled to terminate the User Agreement unilaterally with explanation of the reasons at any time by sending a corresponding notice. The Parties agree that the notice shall be deemed sent and you shall be deemed duly notified from the moment of sending an email with the notice text from our e-mail address without confirmation of email receipt by you.
• This User Agreement is governed by the laws of Cyprus.
• Should any disputes or disagreement occur in relation to this User Agreement the Parties shall make every effort to resolve it through negotiations between authorized representatives of the Parties.
• Each party irrevocably agrees that the Cypriot courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this User Agreement or its subject matter or formation.

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