Terms of Service

Welcome to Amari POS. These Terms of Service ("Terms") govern your access to and use of the Amari POS platform, including our web application, mobile applications, APIs, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms.

Amari POS is operated in the Republic of the Philippines. These Terms are governed by Philippine law, including the Data Privacy Act of 2012 (Republic Act No. 10173) and its Implementing Rules and Regulations.

1. Definitions

• "Amari POS" or "we" refers to the company operating the Amari POS platform.
• "You" or "Merchant" refers to the individual or business entity that registers for and uses the Service.
• "Service" refers to the Amari POS point-of-sale software, dashboard, reporting tools, and any associated features or integrations.
• "Merchant Data" refers to all data you input, upload, or generate through the Service, including sales records, inventory data, customer information, and employee records.
• "End Customer" refers to your customers who interact with the Service at the point of sale.

2. Eligibility

To use the Service, you must be at least 18 years old or the age of majority in your jurisdiction. If you are registering on behalf of a business, you represent that you have the authority to bind that entity to these Terms. You must provide accurate and complete registration information and keep it up to date.

3. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials, including passwords and PIN codes used by your staff. You are responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized access or security breach.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

4. Use of the Service

4.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business operations during the subscription period.

4.2 Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable local, national, or international law or regulation.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Resell, sublicense, or redistribute access to the Service without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service, its servers, or connected networks.
• Upload or transmit any viruses, malware, or other harmful code.
• Use automated tools (bots, scrapers) to access the Service except through our published APIs.
• Attempt to gain unauthorized access to other users' accounts or data.

4.3 Service Availability

We strive to maintain the Service available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned downtime.

5. Subscription Plans and Billing

5.1 Plans and Pricing

The Service is offered through subscription plans as described on our pricing page. Prices are quoted in Philippine Pesos (PHP) unless otherwise stated. We reserve the right to modify pricing with at least 30 days' prior written notice. Price changes will take effect at the start of your next billing cycle.

5.2 Free Trial

We may offer a free trial period. At the end of the trial, your subscription will not automatically convert to a paid plan unless you actively choose to subscribe. You will not be charged without your explicit consent.

5.3 Payment

Subscription fees are billed in advance on a monthly or annual basis depending on the plan you select. You authorize us to charge your designated payment method for all fees due. If payment fails, we may suspend your access to the Service after providing reasonable notice and an opportunity to update your payment information.

5.4 Refunds

Subscription fees are generally non-refundable except where required by applicable law. If you believe you are entitled to a refund, please contact our support team.

6. Merchant Data and Ownership

6.1 Your Data

You retain all ownership rights to your Merchant Data. We do not claim ownership of your sales records, customer information, inventory data, or any other content you provide through the Service.

6.2 License to Use Your Data

You grant us a limited license to access, process, and store your Merchant Data solely for the purpose of providing and improving the Service. We will not sell your data to third parties.

6.3 Data Portability

You may export your Merchant Data at any time through the dashboard export features. Upon termination of your account, we will make your data available for export for a reasonable period as described in our data retention policy.

6.4 Aggregated Data

We may use anonymized, aggregated data derived from your use of the Service for analytics, benchmarking, and product improvement purposes. This data will not identify you or your customers.

7. Intellectual Property

The Service, including its design, features, code, documentation, and branding, is owned by Amari POS and protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand elements without prior written permission.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and protect personal information in compliance with the Data Privacy Act of 2012 (Republic Act No. 10173) and the rules and regulations issued by the National Privacy Commission (NPC).

As a Merchant, you are also a personal information controller with respect to the customer data you collect through the Service. You are responsible for ensuring that your collection and processing of customer data complies with applicable data privacy laws, including obtaining any required consent from your End Customers.

9. Third-Party Integrations

The Service may integrate with or allow connections to third-party services (payment processors, delivery platforms, accounting software). Your use of these integrations is subject to the respective third party's terms and privacy policies. We are not responsible for the actions, content, or practices of any third-party services.

10. Limitation of Liability

To the maximum extent permitted by Philippine law:

• The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities.
• Our total aggregate liability arising out of or related to these Terms shall not exceed the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim.
• We are not liable for any loss or damage resulting from system downtime, data loss due to hardware failure, or interruptions caused by internet service providers or force majeure events.

11. Indemnification

You agree to indemnify, defend, and hold harmless Amari POS and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation, including data privacy laws.
• Any dispute between you and your End Customers or employees.

12. Suspension and Termination

12.1 By You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service until then.

12.2 By Us

We may suspend or terminate your access to the Service if:

• You breach any provision of these Terms.
• Your payment is overdue beyond the grace period.
• We are required to do so by law or a government authority.
• Your use of the Service poses a security risk or may cause harm to other users.

We will provide reasonable notice before termination except where immediate action is necessary to protect the Service or comply with legal requirements.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your Merchant Data for a period of 30 days, during which you may request an export. After this period, your data will be permanently deleted in accordance with our data retention policies and applicable data privacy regulations.

13. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, internet or power outages, or acts of terrorism.

14. Dispute Resolution

Any disputes arising from these Terms shall be governed by the laws of the Republic of the Philippines. The parties agree to first attempt to resolve disputes through good-faith negotiation. If a resolution cannot be reached within 30 days, either party may pursue legal remedies before the appropriate courts in the Philippines.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through a notice on the Service at least 15 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree with the changes, you may cancel your subscription before the effective date.

16. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Amari POS regarding the Service.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver. Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision.
• Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• No Agency. Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and Amari POS.

17. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: support@amaripos.com
• Website: amaripos.com