Terms of Service

1. Agreement to Terms

Welcome to The Pass POS. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and The Pass POS ("Company," "we," "us," or "our") governing your access to and use of our website at www.thepasspos.com, our consulting services, and our SMS messaging services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Description of Services

The Pass POS provides:

• POS Consulting Services: Expert consulting, setup, optimization, and support for point-of-sale systems for bars, restaurants, nightclubs, and hospitality venues
• Information Services: Educational content, blog articles, and resources about POS systems
• Communication Services: Email, phone, and SMS communications for service delivery and marketing purposes

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding agreements
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete information when requested

4. User Responsibilities

When using our Services, you agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of any account credentials
• Use the Services only for lawful purposes
• Not interfere with or disrupt the Services or servers
• Not attempt to gain unauthorized access to any part of the Services
• Not use automated systems to access the Services without permission
• Comply with all applicable laws and regulations

5. SMS Messaging Terms and Conditions

5.1 Program Description

The Pass POS offers an SMS messaging program to provide you with:

• Promotional offers and discounts related to POS services
• Service updates and announcements
• Appointment reminders and confirmations
• Industry tips and educational content
• Customer service communications

5.2 Consent and Opt-In

By providing your mobile phone number and opting in to our SMS program, you expressly consent to receive recurring automated marketing and informational text messages from The Pass POS at the phone number you provided. You understand that:

• Consent is not required to purchase any goods or services from us
• You are providing express written consent under the Telephone Consumer Protection Act (TCPA)
• Messages may be sent using an automatic telephone dialing system or prerecorded voice
• Your consent applies to the specific phone number you provided

5.3 Message Frequency

Message frequency varies based on your interactions with us and may include:

• Up to 4 promotional messages per month
• Service-related messages as needed (appointment confirmations, etc.)
• Response messages when you contact us via SMS

5.4 Costs and Charges

Message and data rates may apply. You are responsible for any charges from your wireless carrier for sending or receiving text messages. Contact your wireless carrier for details about your text messaging plan. The Pass POS does not charge for sending or receiving SMS messages, but your carrier's standard messaging rates will apply.

5.5 How to Opt Out

You may opt out of receiving SMS messages at any time by:

• Texting STOP to any message you receive from us
• Contacting us at info@thepasspos.com
• Calling us at (970) 802-8200

After opting out, you will receive a single confirmation message. You will no longer receive promotional messages, but you may still receive transactional messages related to active service agreements.

5.6 Help and Support

For help with our SMS program:

• Text HELP to receive assistance information
• Email us at info@thepasspos.com
• Call us at (970) 802-8200

5.7 Supported Carriers

Our SMS service is supported by all major U.S. wireless carriers including AT&T, Verizon, T-Mobile, Sprint, and most regional carriers. Carriers are not liable for delayed or undelivered messages.

5.8 Privacy and Data Use

Your phone number and opt-in data will be used in accordance with our Privacy Policy. We will not sell, rent, or share your mobile phone number with third parties for their marketing purposes. Your information may be shared with our service providers (such as our SMS platform provider) solely for the purpose of delivering our messaging services.

5.9 Mobile Terms

By opting in, you confirm that:

• You are the owner or authorized user of the mobile device and phone number provided
• You are authorized to approve the applicable charges
• You will notify us immediately if your phone number changes

6. Payment Processing Terms

6.1 Payment Processing Services

The Pass POS may accept payments for consulting services, setup fees, subscription services, and other products or services. Payments are processed through third-party payment processors including but not limited to Authorize.net, NMI (Network Merchants Inc.), and other PCI-compliant payment gateways.

6.2 Accepted Payment Methods

We accept the following payment methods:

• Major credit cards (Visa, Mastercard, American Express, Discover)
• Debit cards with Visa or Mastercard logos
• ACH/eCheck payments (where available)
• Other payment methods as indicated at checkout

6.3 Payment Authorization

By providing your payment information and completing a transaction, you:

• Authorize us to charge the payment method provided for the total amount of your purchase
• Represent that you are the authorized user of the payment method
• Agree that we may store your payment information for recurring charges if applicable
• Authorize us to attempt to process declined transactions up to two additional times

6.4 Recurring Payments and Subscriptions

If you enroll in a subscription or recurring payment plan:

• You authorize us to automatically charge your payment method at the specified intervals (monthly, annually, etc.)
• Recurring charges will continue until you cancel your subscription
• You may cancel recurring payments at any time by contacting us at info@thepasspos.com or calling (970) 802-8200
• Cancellation requests must be received at least 3 business days before the next billing date to avoid the next charge
• We will send you a reminder email before each recurring charge (where required by law)

6.5 Pricing and Taxes

• All prices are listed in U.S. Dollars (USD) unless otherwise specified
• Prices are subject to change without notice, but changes will not affect orders already placed
• Applicable sales tax will be added to your order based on your location and applicable tax laws
• You are responsible for any additional taxes, duties, or fees imposed by your jurisdiction

6.6 Refund Policy

Our refund policy is as follows:

• Consulting Services: Consulting fees are non-refundable once services have commenced. If you are dissatisfied before services begin, you may request a full refund within 7 days of purchase.
• Setup Fees: Setup fees are non-refundable once work has begun on your account or system configuration.
• Subscription Services: You may cancel at any time, but no partial refunds will be issued for the current billing period. Access continues until the end of your paid period.
• Disputed Charges: If you believe a charge is incorrect, contact us within 30 days of the transaction date.

To request a refund, contact us at info@thepasspos.com with your order details.

6.7 Payment Security

We take payment security seriously:

• All payment transactions are encrypted using industry-standard TLS/SSL technology
• We are PCI-DSS compliant and do not store full credit card numbers on our servers
• Payment processing is handled by PCI-compliant third-party processors (Authorize.net, NMI)
• We implement fraud detection and prevention measures to protect your transactions
• Your payment information is tokenized and stored securely by our payment processors

6.8 Failed Payments

If a payment fails:

• We will notify you via email of the failed payment
• You will have 7 days to update your payment information
• For recurring subscriptions, we may attempt to process the payment up to 3 times
• If payment cannot be collected, we reserve the right to suspend or terminate your services
• You remain responsible for any unpaid amounts

6.9 Chargebacks and Disputes

If you have a concern about a charge, please contact us first at info@thepasspos.com before initiating a chargeback with your bank or credit card company. We will work with you to resolve any issues. Filing a chargeback without first contacting us may result in:

• Immediate suspension of services
• Collection of any outstanding amounts
• Denial of future services

6.10 Currency and International Payments

All transactions are processed in U.S. Dollars. If you are paying from outside the United States:

• Your bank may charge currency conversion fees
• Exchange rates are determined by your financial institution
• You are responsible for any international transaction fees

7. Intellectual Property

All content on our website and in our Services, including but not limited to text, graphics, logos, images, and software, is the property of The Pass POS or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks or logos without written consent
• Create derivative works based on our content
• Remove any copyright or proprietary notices

8. Third-Party Services

Our Services may integrate with or reference third-party services, including POS systems (SmartTab, SkyTab, Toast, Clover, etc.), payment processors, and communication platforms. We are not responsible for the availability, content, or practices of third-party services. Your use of third-party services is subject to their respective terms and conditions.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, 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

We do not guarantee any specific results from the use of our consulting services. Results may vary based on numerous factors outside our control.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PULSE POS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless The Pass POS and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable law

12. Termination

We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination:

• Your right to use the Services will immediately cease
• Any provisions of these Terms that should survive termination will remain in effect
• We will not be liable to you or any third party for termination of your access

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Services shall be resolved through:

1. Informal Resolution: Contact us first at info@thepasspos.com to attempt to resolve the dispute informally
2. Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules

You agree to waive your right to participate in class action lawsuits or class-wide arbitration.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending notice via email or SMS for significant changes

Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Pass POS regarding your use of the Services and supersede all prior agreements and understandings.

17. Contact Information

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

• Company Name: The Pass POS
• Email: info@thepasspos.com
• Phone: (970) 802-8200
• Website: www.thepasspos.com