1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and StackNex Technologies LLP ("StackNex Technologies," "we," "us," or "our"), the provider of the NexPOS point-of-sale system and related services.

By creating an account, accessing, or using NexPOS (including our website at stacknex.io, mobile applications, APIs, and any related services), you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, you must not access or use our Services.

2. Definitions

• "Services" means the NexPOS point-of-sale software, website, mobile applications, APIs, integrations, and all related services provided by StackNex Technologies.
• "User Data" means any data, content, or information you submit, upload, or transmit through the Services, including business data, customer information, and transaction records.
• "Account" means the user account you create to access and use the Services.
• "Subscription" means the paid plan you select to access premium features of the Services.
• "Platform Fee" means the percentage-based fee charged on transactions processed through the Services.

3. Service Description

NexPOS is a cloud-based point-of-sale system designed for retail, restaurant, grocery, pharmacy, and service businesses. Our Services include:

• Point-of-sale transaction processing
• Inventory management and tracking
• Customer relationship management (CRM)
• Sales reporting and analytics
• Multi-location management
• Integration with payment gateways (Stripe, Razorpay, PayPal, Mollie)
• Employee management and role-based access
• Kitchen display system (KDS) for restaurants
• Offline mode with automatic synchronization

We reserve the right to modify, enhance, or discontinue any feature or service at any time. Material changes affecting existing functionality will be communicated with at least 30 days' notice.

4. Account Registration and Security

4.1 Eligibility

To use NexPOS, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable laws
• Provide accurate, current, and complete registration information

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring that only authorized personnel access your account

4.3 Account Information

You agree to keep your account information accurate and up-to-date. We may suspend or terminate accounts with inaccurate, false, or outdated information.

5. Subscription, Pricing, and Payment

5.1 Subscription Plans

We offer various subscription plans with different features and pricing. Current plans and pricing are available on our pricing page. Plans may include:

• Free Trial: 30-day trial with full features, no credit card required
• Monthly Subscription: Billed monthly in advance
• Annual Subscription: Billed annually with discounted rates

5.2 Platform Fee

In addition to subscription fees, we charge a platform fee of 0.5% on transactions processed through the Services. This fee is calculated on the gross transaction amount and billed monthly in arrears.

5.3 Payment Terms

• All fees are exclusive of applicable taxes (GST, VAT, etc.)
• Payment is due at the beginning of each billing cycle
• We accept major credit cards and bank transfers
• Failed payments may result in service suspension after a 7-day grace period
• You authorize us to charge your payment method for recurring fees

5.4 Price Changes

We may modify our pricing with at least 30 days' notice. Price changes will not affect your current billing cycle. For annual subscriptions, new prices apply at renewal.

5.5 Refund Policy

Subscription fees are non-refundable except as required by law. If you cancel mid-cycle, you retain access until the end of your paid period. No prorated refunds are provided for unused time.

6. Cancellation and Termination

6.1 Cancellation 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.

6.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay fees after the grace period
• Pose a security risk to our Services or other users

6.3 Effect of Termination

Upon termination:

• Your access to the Services will cease immediately
• You have 30 days to export your data
• After 30 days, your data will be permanently deleted
• You remain liable for any outstanding fees

7. Acceptable Use Policy

You agree not to:

• Use the Services for any illegal, fraudulent, or unauthorized purpose
• Process transactions for illegal goods or services
• Violate any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers
• Upload or transmit viruses, malware, or malicious code
• Reverse engineer, decompile, or disassemble the Services
• Resell, sublicense, or redistribute the Services without authorization
• Use automated systems (bots) to access the Services without permission
• Scrape or harvest data from the Services
• Impersonate another person or entity
• Use the Services in a way that could harm our reputation or goodwill

8. User Data and Ownership

8.1 Your Data

You retain all rights to User Data you submit to the Services. We claim no ownership over your business data, customer information, or transaction records.

8.2 License to Use

You grant us a limited, non-exclusive license to use, store, and process your User Data solely to provide the Services and as described in our Privacy Policy.

8.3 Data Portability

You may export your data at any time through the export feature in your account settings. We provide data in standard formats (CSV, JSON) for easy migration.

8.4 Aggregated Data

We may use anonymized and aggregated data derived from your use of the Services for analytics, benchmarking, and improving our Services. This data will not identify you or your business.

9. Intellectual Property

9.1 Our Rights

The Services, including all software, designs, logos, trademarks, and content, are owned by StackNex Technologies and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited license to use the Services.

9.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us a royalty-free, worldwide, perpetual license to use and incorporate such feedback without obligation to you.

10. Third-Party Services and Integrations

The Services may integrate with third-party services such as payment processors (Stripe, Razorpay, PayPal), accounting software, and e-commerce platforms. Your use of these services is subject to their respective terms and privacy policies.

We are not responsible for the availability, accuracy, or content of third-party services. Any issues with third-party services should be directed to the respective provider.

11. Service Level Agreement

11.1 Uptime Commitment

We target 99.9% uptime for our Services, excluding scheduled maintenance. Scheduled maintenance windows will be communicated at least 24 hours in advance when possible.

11.2 Service Credits

If monthly uptime falls below 99.9%, Premium plan subscribers may be eligible for service credits:

• 99.0% - 99.9%: 10% credit
• 95.0% - 99.0%: 25% credit
• Below 95.0%: 50% credit

11.3 Claiming Credits

Service credits must be requested within 30 days of the incident. Credits are applied to future billing and do not exceed 50% of monthly fees. Credits are the sole remedy for downtime.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• LIVATO SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL
• OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE)

Some jurisdictions do not allow limitation of implied warranties or exclusion of certain damages. In such jurisdictions, our liability is limited to the extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless StackNex Technologies, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Data.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 30 days.

15.2 Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration administered by the Indian Council of Arbitration in accordance with its rules. The arbitration shall take place in Hyderabad, India, and shall be conducted in English.

15.3 Exceptions

Either party may seek injunctive relief in court for violations of intellectual property rights or confidentiality obligations.

16. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or through the Services at least 30 days before taking effect. Your continued use after changes take effect constitutes acceptance of the modified Terms.

If you do not agree to modified Terms, you may terminate your account before the changes take effect.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and StackNex Technologies regarding the Services.

17.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a merger or acquisition.

18. Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles. The courts in Hyderabad, Telangana shall have exclusive jurisdiction over any disputes not subject to arbitration.

19. Contact Information

For questions about these Terms of Service, please contact us: