Terms and Conditions for Use of Positivity Ecosystem
Effective Date: November 2024
Positivity
Welcome to the Positivity ecosystem. These Terms and Conditions ("Terms") govern the use of our suite of tools, including the Merchant Dashboard, POS App, Web Order, Mobile App, Table App, KDS, Tracker App, Token App, Menu App, Store App, and Delivery App (collectively referred to as "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms.
Eligibility
Only authorized representatives of businesses are permitted to register for and use the Services. By agreeing to these Terms, you confirm that you are authorized to enter into this agreement on behalf of the business entity you represent.
Account Registration
Merchants must create an account to access certain features of the Services. You agree to provide accurate and complete information and to keep your account details up-to-date. Merchants are responsible for maintaining the confidentiality of account credentials and agree to notify Positivity immediately of any unauthorized access.
SMS Messaging
By registering on Positivity you agree to opt-in to receive SMS messages on your phone with the phone number you registered. You will receive OTP messages for login security and other notification messages like account updates. You may opt-out by contacting support@d7sys.com and de-register your account with a written notice. Once your account is removed, you will lose your order history and will not be able to use any of Positivity products and services.
Scope of Service
Positivity provides tools to facilitate and enhance customer interactions, order processing, and business operations. Positivity reserves the right to modify, update, or discontinue any features at any time without prior notice. The Services are provided as-is, without warranties of any kind, unless expressly stated.
Fees and Payment
Merchants agree to pay all applicable fees as outlined in their service agreement. Positivity reserves the right to modify fees and introduce new charges at any time, with prior notice provided. Failure to pay fees may result in account suspension or termination.
Use of Services
Merchants agree to use the Services solely for lawful business purposes. Unauthorized use, including reverse engineering, unauthorized copying, or modification of the Services, is strictly prohibited. Merchants may not share, rent, or sell access to the Services with third parties without Positivity’s written consent.
Limitation of Liability
To the fullest extent permitted by law, Positivity and its affiliates are not liable for any indirect, incidental, special, or consequential damages arising from or related to the use of the Services. Positivity's liability for direct damages is limited to the amount paid by the Merchant in the past 12 months for the Services.
Data Collection and Privacy
Positivity respects your privacy and data rights. By using the Services, you agree to Positivity's data collection and usage practices as outlined in the Privacy Policy. Merchants are responsible for ensuring that any customer data collected using the Services is used and stored in compliance with applicable privacy laws.
Intellectual Property
All intellectual property rights to the Services, including software, trademarks, logos, and content, are owned by Positivity or its licensors. Merchants are granted a limited, non-exclusive license to use the Services for their business operations. This license is non-transferable and revocable.
Service Availability and Maintenance
Positivity strives to ensure the Services are accessible and functional at all times. However, maintenance, upgrades, or unforeseen issues may cause temporary disruptions. Positivity is not liable for any interruptions in service.
Termination
Either party may terminate the Services at any time, with or without cause, by providing notice. Positivity reserves the right to terminate or suspend access to the Services if a merchant breaches these Terms. Upon termination, the merchant will lose access to all features of the Services. All outstanding fees will remain due.
Indemnification
Merchants agree to indemnify and hold harmless Positivity, its affiliates, and employees from and against any claims, damages, or expenses arising from their use of the Services, including violations of these Terms.
Amendments to Terms
Positivity reserves the right to amend these Terms at any time. Notifications of changes will be sent to the registered email address of the merchant. Continued use of the Services constitutes acceptance of the updated Terms.
Governing Law and Dispute Resolution
These Terms are governed by the laws of Texas, USA. Any disputes arising under or related to these Terms shall be resolved through binding arbitration, with the exception of any claims seeking injunctive relief.
Contact Us
If you have questions about these Terms, please contact us at support@d7sys.com.
