Terms & Conditions

Please read these Terms and Conditions (the Terms) carefully before using the tools, services, materials, information PosBros provides (the Services) as they affect your obligations and legal rights, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us. It is very important.

PosBros is a company based in the Philippines that provides point-of-sale system for cafes, restaurants, shops etc. to manage sales, inventory and marketing activity (the System) managed by PosBros.

These Terms together with the Privacy Policy, govern your use of the Service and constitute a legally binding agreement between you and the PosBros.

1. Your Acceptance of Terms

Access to all Services is given to you on the condition that you accept and agree with the Terms. Registration within the point-of-sale system and use of the Services indicates your consent with these Terms. If you do not agree to all the terms and conditions, then you may not access the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

The privacy and wellbeing of children is one of our concerns. Here at PosBros we can provide services only in case you as the user are aged 16 or older. If you are under 16 you will need to get your parent's/guardian's permission before submission any private information to PosBros.

We reserve the right to refuse the provision of Services to anyone for any reason at any time. We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time.

2. Enjoying the point-of-sale system

2.1. Registration

In order to use PosBros point-of-sale system you may be required to register and obtain an account within the System. You should provide true, actual and complete information while registering, and update your account information if necessary.

You are responsible for maintaining the confidentiality of your password and for all activities that occur within your account. PosBros will not be responsible for any loss or damage arising from your failure to provide accurate information or to keep your password secure. Please use the unique combination of numbers, letters and special characters for passwords and be sure to log off from your account at the end of each session. PosBros will of course take all the necessary technical and organisational measures in order to keep your information secure but you also have to be cautious.

2.2. After your account have been created.

After you created your account at PosBros you will be able to use point-of-sale system, created (developed) as a SaaS model (Software-as-a-Service) to automate processes in your business (cafes, restaurants, shops etc.) through cloud and its program code, and all objects of copyright and related rights, inventions, technology, ideas, concepts, processes, business plans, know-hows, trade secrets, documentation, financial projections, models and any other items, authored, conceived, invented, developed, designed or acquired by the PosBros as part of the System.

3. Licence to use the point-of-sale system

Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms PosBros grants you the right (known as a license) to access and use the System pursuant to these Terms.

The License is:

• 3.1. 'Limited' (meaning that you can only use the point-of-sale system for the purposes we set out in these Terms);
• 3.2. 'non-exclusive' (meaning that PosBros can grant the same and similar licenses to other people as well);
• 3.3. 'non-transferable' (meaning that the license is only for your benefit and you may not transfer any of the rights that we grant to you to any other person);
• 3.4. 'non-sublicensable', (meaning that you also may not sub-license any of the rights that we grant to you to any other person);
• 3.5. 'revocable' (meaning that PosBros can terminate this license);
• 3.6. and conditional on your compliance with these Terms.

Your license to access the point-of-sale system is not limited by territory. Thus, the license applies worldwide unless the applicable law or the law of the country of your location forbids such license in certain countries.

Such license does not confer on you any ownership interest in point-of-sale system. Words such as "purchase", "payment" or "sale" (and similar terms, including all tenses), as applied to the point-of-sale system and the services, refer to the grant to you of a limited license as described herein.

All PosBros materials, including intellectual property rights therein and thereto, are the property of PosBros or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use the materials from the point-of-sale system except as expressly authorized by these Terms.

4. Choosing the best Pricing Plan for you

After the creation of the account within the System the invoice will be available for you in the administration panel of your account. In order to use the system you will have to pay the 100% advance payment of the amount indicated in invoice until 00:00 of the day you are planning to start using the point-of-sale system.

All further invoices have to be paid in 100% advance not later than 3 days before the start of the new paid period of using the point-of-sale system pursuant to the Pricing Plan you chose.

In case the invoice for payment is not paid before 00:00 of the day when you start using the system. PosBros will be entitled to terminate this Agreement and block the access to the system. PosBros will not be liable for any direct or indirect or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings caused by the blocking of access to the system due to non-payment of the invoice.

In case you seize to use the point-of-sale system or terminate the Agreement unilaterally all the payments you made in advance shall not be refunded by PosBros.

In case PosBros unilaterally terminates or you breach of the Agreement (this Terms and Conditions) all the payments made by you for the use of the system shall not be refunded to you.

The list and detailed description of the Pricing Plans is available here. Please note that this list shall constitute the integral part of this agreement and shall be subject to the procedure of amendments set in these Terms and Conditions in Section 11. In case you disagree with any amendments of the Pricing Plan that you indicate by non-payment for the using of point-of-sale system the Agreement shall be deemed terminated after the paid time for using the system based on the Pricing Plan before the amendments expires.

5. Limitations on Use of the Service

While using the System you may not, and may not encourage, authorize, or assist others to,

• 5.1. reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the System and/or extract any files from them,
• 5.2. or make or attempt to make any modification to the System,
• 5.3. modify, defeat, interfere with, or circumvent any feature of the System, including any security or access control mechanism,
• 5.4. attempt to probe, study or test the vulnerability of the System or to breach any security or authentication measures, regardless of your motives and/or intent,
• 5.5. attempt to damage, interfere with, or disrupt the Services to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse,
• 5.6. pretend that you are, or that you represent, someone else or impersonate any other individual or entity,
• 5.7. intercept any system data, personal information, or other data relating to the System,
• 5.8. access or use the System for any unlawful purpose,
• 5.9. take any action that would impose a disproportionately large or unreasonable load on our network or other infrastructure,
• 5.10. use or launch any "robot", "spider", "page-scraper", "deeplink" or other automated means to accesses, acquires, copies, or monitors any part of the System.

Any of the above-mentioned as well as any action that is contrary to law shall be the ground for unilateral termination of this Agreement by PosBros without the obligation to make any refunds of the paid amounts.

6. Technical Support

PosBros shall maintain the reliable performance of the System throughout the term of its using. This shall include

• 6.1. constant updates and amendments of the point-of-sale System in order to eliminate any deficiencies, errors and bugs that can deteriorate the use of system;
• 6.2. providing consultations to you regarding the functions of the System, Pricing Plans and other organizational issues

After the payment of the first invoice an IT-professional shall be dedicated to you in order to help you with every issue that can arise while you're using the System. In order to reach him please go to the website's contact details.

7. Privacy (Personal Data)

PosBros respects your privacy and has established certain policies and procedures relating to the collection and use of your Personal Data in connection with your use of the System. Please, check our Privacy Policy to be aware of the policies and procedures applied to your use of the Service.

8. Deactivation/Termination of Your Registration

You may deactivate your registration on the Services, at any time and for any reason.

We may terminate your use of and registration within the system at any time if you violate these Terms. In such case the PosBros will refund only the amounts paid for the Services in upcoming months that were not used by the user without the obligation to refund the amounts paid in the month when the termination was made.

9. Disclaimer of Warranties

Here are some standard disclaimers you have to be familiar with.

To the maximum extent permitted by applicable law, you expressly agree that access to and use of the platform is at your sole risk. The service at the System is provided as is, with all faults and as available, without warranty of any kind. PosBros disclaims all warranties, express, implied, statutory or otherwise, including, but not limited to, implied warranties of fitness for a particular purpose, merchantability, title, quality, and non-infringement.

We do not guarantee that any services will be available at all times, in all countries and/or all geographic locations, or at any given time or that we will continue to offer particular services for any particular length of time (unless we expressly say otherwise as part of the services).

We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the services will be accurate or reliable. PosBros makes no representations, and expressly disclaims any warranties, of any kind, regarding the accuracy, completeness, reliability, appropriateness, and timeliness of any content available through the service. PosBros makes no representations or warranties that the service or your access to and use of the service will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure.

PosBros is not responsible for any damage to your mobile, tablet, laptop or desktop device, computer system, other hardware, or software, or for any loss of or damage to data that may result from your use of the service.

10. Limitation of Liability

To the maximum extent permitted by applicable law, you expressly agree that access to and use of the platform is at your sole risk. The service at the platform is provided as is, with all faults and as available, without warranty of any kind. PosBros disclaims all warranties, express, implied, statutory or otherwise, including, but not limited to, implied warranties of fitness for a particular purpose, merchantability, title, quality, and non-infringement.

PosBros does not accept any responsibility related to the operation of any software, the presence of computer viruses or other malicious code elements, dangerous or destructive files, which can spread or in any other way affect the software and hardware as a result of using the services by you, accessing information or downloading any materials.

11. Changes to Terms and Assignment

We may change these Terms from time to time so please check this page to ensure that you're happy with any changes. The additional notifications on any amendments shall be sent to your PosBros account. If within one week after the notification is sent you continue to use PosBros System, you will be considered as having accepted all the amendments made.

12. Legal Restrictions

Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. PosBros may limit or deny to any person, in its sole discretion, access to any feature, product or service.

13. Contact Information

We hope these Terms helped you to understand how the PosBros point-of-sale System works and be sure everything is foreseeable and safe while using it. So, enjoy our System!

If you have any questions regarding the use of Services or regarding these Terms, you should send us an e-mail to customer.support@posbros.com.

Your PosBros Team.