Service Agreement.

Getpose.com (Pose POS Ltd.) (“Pose”, “us”, “our”, or “we”) offers a Point Of Sale application (the “Application”) through the website located at www.getpose.com and www.gotpose.com and associated sub-domains (the “Site”). This Service Agreement (this “Agreement”) is a binding legal agreement which governs your access and use of the Application and the Site and all services available through them (together with the Site and Application, the “Services”). “You” or “Your” means a legal entity using the Services or any adult authorized to use the Services by such entity.

Pose does not accept registration from users who are under 13 years of age. By using the Services you represent that you are at least 13 years old.

You must be a real living person (human). Automated methods or “bots” may not create accounts and/or use the Services.

Please read this Agreement carefully. This Agreement governs your access to and use of the Services. You must accept this Agreement prior to using the Services. By using and/or visiting the Services (including all content and services available through the Site), you signify your assent to both this Agreement and our privacy policy, which is available at https://www.getpose.com/privacy.asp (the “Privacy Policy”). Changes may be made to this Agreement from time to time without notice. Any new feature that augments or enhances the current Services, including the release of new tools and resources, shall be subject to the this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.getpose.com/service-agreement

If you do not agree to any provisions of these Agreement, please do not use the Service and discontinue any active membership you may have.

Account Registration

When you complete the registration process, you create an account and become a member. Your account allows you to participate in certain Services, subject to this Agreement and the Privacy Policy. Pose reserves the right to refuse a user from opening an account at Pose’s sole discretion.

To create an account, you must select a subdomain, username and password. Your username is your initial Pose identity. You will not be able to select a subdomain that is used by someone else, and your subdomain and username cannot be indecent, or otherwise offensive, or be used in any way that violates this Agreement and common practices. You must provide truthful and accurate information while creating your account and during the registration process. You will indemnify us for any claims resulting from false or inaccurate information provided during the registration process.

You should not reveal your password to other users. Pose will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address via the “Forgot Your Username/Password?” link on your login page. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates this Agreement.

You agree to immediately notify Pose of any unauthorized use of your Pose account at support@getpose.com. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Pose will not be liable for any losses or damage arising from unauthorized use of your account, and you agree to indemnify and hold Pose harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

If you are a direct competitor of Pose, you may not register to use the Services except with the express written consent of Pose.

Trial period & Account activation

Pose offers a free 30 day trial period which consists of two modes:

1. Test Mode – While in Test Mode you will not be able to produce real receipts. Test Mode receipts will have a “Test” prefix added to them. There are other features you cannot use while in Test Mode such as: (i) Entering a custom receipt number. (ii) Using integrated 3rd party credit card processors. (iii) Adding additional cash registers.
2. Active Mode – You can choose to activate your account at anytime and you will not be charged until the 30 day period is over. Once your account has been activated (i.e. a valid credit card has been entered) all Test Mode transactions & receipts will automatically be deleted. You may choose to have your Test Mode customers and inventory deleted as well. You may also cancel your subscription at anytime, as long as you cancel before your 30 days are up you will not be billed.

The Trial Period will commence in Test Mode as soon as the account has been created and will last for 30 days. After 30 days, if no activation has been made (i.e. no valid credit card has been entered) your account will be suspended. You will receive a notification to your registered email 3 days prior to the suspension as well as another email once the suspension has taken effect.

Once your account has been suspended you will not be able to access the system or retrieve your data, therefore please make sure to export your data ahead of time.

After the account has been suspended you will have an additional 30 days to re-activate your account after which, if no re-activation has occurred, we will permanently delete your account and all it’s information, and your subdomain will become publicly available.

Payments, add-ons and Refunds

We reserve the right to update, discount, amend and increase prices from time to time to existing and new services at our own discretion with or without notice.

Notice on any price change will be given to paying customers at least 30 days in advance via email or posting on www.getpose.com, and will take effect in the billing cycle following such notice.

Payment is due in advance at the start of each billing cycle, and is renewed monthly. The customer’s billing cycle starts on the day the account is created and shall continue indefinitely. For example: If the account is created on the 1st of the month, tested for free for 10 days, then activated (by entering a credit card) on the 11th, the next bill is due on the 1st of the following month. Payments are to be made by credit or debit card. Late payments may result in account suspension and possible cancellation by the company.

Subscription transaction processing is done by Pose POS Ltd. will appear on your card statement as *BLS *POSE.

All fees are exclusive of any and all taxes imposed by taxing authorities and you shall be responsible for payment of all such taxes imposed on you as an account holder.

Adding additional cash registers is possible only after the account has been activated with a valid credit card. The payment for the additional cash register will take effect on the following billing cycle. Please note that even if an additional cash register was added and then deleted you will still be charged for the full amount for that month even though the charge will take effect only on the following billing cycle.

Pose does not provide refunds on partial months or account cancellations.

Termination of Account

You agree that Pose may for any reason, in its sole discretion, terminate your account. Pose will generally provide you with 30 days notice prior to termination of your account and the cessation of the provision of the Services. However, Pose may terminate your account without any notice for (i) the violation of the letter or spirit of this Agreement, (ii) you do not make payments within 30 days of their due date, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users, third parties, or the business interests of Pose, or (iv) if you are insolvent or bankrupt. Pose will not have any liability for any damages as a result of the termination of the Services pursuant to this Agreement.

If Pose believes, in its sole discretion, that a violation of this Agreement or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of this Agreement or illegal and inappropriate behavior of the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated this Agreement or to have engaged in illegal behavior through the Services. You are soley responsible for properly cancelling your activated account. You may terminate your activated Pose account at any time and for any reason by clicking on the “Deactivate my Account” button at the bottom of the Registration Details tab in the Account section of your Management System. A phone call or email request is not considered cacellation. Any suspension, termination, or cancellation shall not affect your obligations to Pose under this Agreement (including but not limited to ownership, intellectual property, indemnification, payments, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

If your account is terminated, you may not establish a Pose account again without express permission by the company.

Intellectual Property & Content

Pose and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein. Pose owns all rights in the subdomain address that you select and from which you may receive Services. Pose hereby grants you a limited, revocable, nonsublicensable license to use the Services and such subdomain address. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. You will not allow any third party to use your account or any other services made available through the Services.

Certain types of content may be made available through the Services. “Content” as used in this Agreement means, collectively, all content on or made available on the Services or on associated documentation. Pose reserves the rights to remove and permanently delete any proprietary Content without notice.

Pose may grant you the opportunity to make certain customization changes to the Application we make available with additional content of your own, including without limitation your logos, trademarks and certain goods and services you provide (collectively “Customer Content”). You are fully and solely responsible for all Customer Content, and you represent and warrant that such Customer Content complies with all applicable law and does not infringe third party intellectual property rights or moral rights. Customer Content that is obscene, abusive, indecent or may otherwise subject us to public disparagement or scorn, may be deleted or made unavailable without prior notice to you and may count as cause for account termination by the company. You grant Pose and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any and all such Customer Content that you submit, for the purpose of providing the Services to you.

DataIn the course of using the Services, you may enter or submit certain information regarding yourself, your customers or transactions relating to your customers into the Site or Application (“Customer Data”). You grant Pose a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any and all such Customer Data, including for Pose’s own commercial purposes, for the uses set forth in the Privacy Policy.

Pose will grant you access to all your Customer Data as generally made available by Pose during the period that Pose provides the Services and for a period of 30 days thereafter. Pose will have no obligation to maintain, forward, or provide you any access to any Customer Information if Pose terminates this Agreement or ceases to provide you with Services as a result of a breach by you of the letter or spirit of this Agreement.

Credit/Debit Card Payment Processing

Pose integrates with third payment processor companies in order to provides you with Services in respect of credit card or debit card payment processing. Such processing will be governed by separate agreements with the applicable credit card/merchant account company and payment processor. Pose shall have no liability or responsibility in respect of these services. If you use the Services to provide credit card or debit card information to any third party, including a credit card/merchant account company or a payment processor, you grant Pose the right to transmit such information to the applicable third party, and you represent and warrant that you have the right and appropriate authorization and permission to provide such information.

Restrictions

The software and technology underlying the Services is the property of Pose. You may use the Site and the Services solely for your internal business purposes, and you shall not grant access to the Services to any individual or entity that is not your employee or another individual who is accessing the Services for the purpose of your internal business purposes. Without limiting the foregoing, you may not do or attempt to do any of the following:

• Use the Services to send spam or unsolicited email messages in violation of application law;
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services (including without limitation, for the purpose of obtaining unauthorized access to the Services) without our prior written authorization, including framing or mirroring any part of the Services;
• Circumvent, disable, or otherwise interfere with security – related features of the Services;
• Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services;
• Use or access another user’s account or password without permission or under false pretenses;
• Use the Services or content thereon in any manner not permitted by this Agreement;
• Post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) Material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity); (b) Material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; (c) Pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; (d) Any virus, worm, Trojan horse, or other harmful or disruptive component; or (e) Anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; or
• Restrict or inhibit use of the Services or impose an unreasonably or disproportionately large load on our infrastructure;
• Impersonate another user or otherwise misrepresent yourself in any manner, whether to another user, to us, or otherwise;Violate the legal rights of others, including defaming, abuse, stalking or threatening users or infringe Pose’s or any third party’s intellectual property rights, moral rights, or other rights;
• Violate the legal rights of others, including defaming, abuse, stalking or threatening users or infringe Pose’s or any third party’s intellectual property rights, moral rights, or other rights;
• Commit an action that is (or we reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or we reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
• Commit any action that does not comply with all applicable laws, rules, or regulations, including not obtaining all necessary permits, licenses, or registrations required by you, or would cause Pose to be in violation of any law or regulation, or to infringe any right of any third party; or
• Publish falsehoods or misrepresentations that may damage Pose or any third party.

Linked Content

Portions of the Services (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. Pose is not responsible for content or services available by means of such sites. Pose does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

Support

If you experience any problems with the Services, please contact us at support@getpose.com.

Disclaimers

The Services are provided through the Internet. As such, the Services may be subject to limitations, delays and other problems inherent in the internet or electronic communications. Pose is not responsible for any delays, delivery failures or other damage resulting from such problems. You are responsible for procuring and maintaining the appropriate internet services required for access to the Services.

Certain external hardware may be required in order for you to receive certain of the Services. Pose shall have no responsibility or liability in respect of any malfunctions or delays caused by such external hardware, and shall have no service obligations in respect of such hardware.

Pose provide you with support as set forth under the heading “Support” above. Notwithstanding the foregoing, your use of any aspect of the Site is at your own risk. Pose makes no representations or warranties whatsoever in respect of the Site, Services or Content. Neither Pose nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Site, Services Submissions or Content.

Without limiting the foregoing, except as expressly stated in these TOS, everything available on the Site or by means of the Site is provided to you “AS-IS” without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and Pose expressly disclaims all express or implied warranties.

Pose does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse the customer from any payment obligations under this Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless Pose and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of this Agreement by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement (or the infringement by any Customer Content) of any right of any third party, including without limitation any intellectual property right or moral right; or (e) your violation of any applicable law, regulation, rule or third party intellectual property right or moral right as a result of your forwarding or posting any Content. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.

Limitation of Liability

In no event shall Pose be liable to you or any third party for any incidental, consequential, indirect, special or punitive damages, arising out of or relating to the Application, Site or Services. In any case, Pose’s total aggregate liability under any provision of this Agreement, or for anything relating to the Application, Site or Services shall not exceed amounts paid by you to Pose for the use of the Services in the 12 months prior to the applicable claim.

Miscellaneous

This Agreement shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with this Agreement or the Site shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Pose must be brought within one (1) year of the date such cause of action arose. In the event that any provision of this Agreement is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of this Agreement shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Pose or enables you to act on behalf of Pose. Except as may be expressly stated in this Agreement, this Agreement constitutes the entire agreement between Pose and you pertaining to the subject matter hereof. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to Pose with respect to any prohibited activity or conduct. Non-enforcement of any term of this Agreement does not constitute consent or waiver, and Pose reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement are for the benefit of Pose (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. We may assign our rights under this Agreement to any third party.