TERMS OF SERVICE

This Terms of Service (“Agreement”) governs the use of Framing POS (“Software”), provided by Framing POS, Inc. (“Company”). By installing, accessing, subscribing to, trialing, or continuing to use the Software, you (“User”) agree to be bound by the terms of this Agreement and the Privacy Policy. If you do not agree, do not install, access, or use the Software.

Additionally, by initiating any form of business relationship, whether as a vendor, partner, client, or legal representative engaging with the Company, you agree to be bound by the terms of this Agreement and the Privacy Policy.

1. License Grant

The Software is licensed, not sold, to the User for use under the terms of this Agreement. Subject to compliance with this Agreement, the Company grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Software for the number of user licenses purchased.

2. Restrictions

The User may not:

  • Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Software.
  • Modify, adapt, translate, rent, lease, loan, resell, distribute, or create derivative works based on the Software.
  • Use the Software for any unlawful purpose or in violation of applicable laws.

3. Ownership and Data Usage

  • Ownership: The Company retains all rights, title, and interest in and to the Software, including any updates or improvements.
  • Data Usage: The Company does not own the User’s data and will not sell or rent the User’s data to vendors or any other third parties. Aggregated and anonymized usage data may be collected for product improvement, research, and marketing purposes.

4. Third-Party Integrations

  • The Software may include integrations with third-party services. The Company is not responsible for any issues, damages, or data breaches arising from the use of third-party services.
  • By using the third-party integrations, the User agrees to comply with the respective third parties’ terms of service and privacy policies.

5. Support and Maintenance

  • The Company will provide updates, bug fixes, and support for the Software during normal business hours.
  • The Company is not responsible for supporting or maintaining the User’s hardware or network infrastructure.

6. Term and Termination

  • This Agreement begins upon the User’s activation of the Software and remains in effect until terminated.
  • The Company may terminate this Agreement if the User fails to comply with any term. Upon termination, the User must cease using the Software and delete all copies.
  • Data Retention Upon Termination: If the User stops paying the applicable service fees or this Agreement is terminated for any reason, the Company is not responsible for retaining, providing access to, or delivering any data entered or stored by the User in the Software. All such data may be permanently deleted, and the User acknowledges and agrees that the Company has no liability for the loss of any such data.
  • The Company reserves the right to update this Agreement and the Privacy Policy at any time without prior notice. In the event of material changes to this Agreement, the Company will provide notification to the User via email or an in-app notification. Continued use of the Software after any updates constitutes acceptance of the revised terms. Continued use of the Software after any updates constitutes acceptance of the revised terms.

7. Assignment

  • The Company may assign or transfer this Agreement without User consent. The User may assign this Agreement only if (a) ownership of the User’s business is transferred, (b) a transfer fee of $1000 is paid to the Company, and (c) the new owner agrees to assume the terms of this Agreement.

8. Export Compliance

The User agrees to comply with all applicable U.S. export laws and regulations. The Software may not be exported or re-exported to countries or individuals prohibited by U.S. law.

9. Warranty Disclaimer

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF ANY DATA OR INFORMATION PROVIDED BY THE SOFTWARE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL LAWSUITS OR CLAIMS ARISING OUT OF THIS AGREEMENT ARE LIMITED TO A MAXIMUM OF $1000.

11. Third-Party Beneficiaries

Certain third-party product names included in the Software are the property of their respective owners. These third-party entities are considered beneficiaries of this Agreement, with the right to enforce relevant terms concerning their products.

12. Binding Effect of Electronic Agreement

By electronically accepting this Agreement, the User agrees that it has the same legal effect as signing a paper version.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of New Jersey, without regard to its conflict of law principles.

14. Force Majeure

The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor strikes, power outages, internet or telecommunications failures, server downtime, or other events beyond the Company’s control.

15. Arbitration Clause

Any dispute, controversy, or claim arising out of or relating to this Agreement, including the breach, termination, or validity thereof, shall be resolved by binding arbitration conducted in the state of New Jersey in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

16. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Entire Agreement

This Agreement constitutes the entire understanding between the User and the Company regarding the Software and supersedes all prior agreements.

By using the Software or engaging in any form of business relationship with the Company, the User acknowledges that they have read, understood, and agreed to the terms of this Agreement and the Privacy Policy.
Framing POS, Inc., 244 US Highway 46, Unit 4, Fairfield, NJ 07004