These Terms of Service (“Terms”) govern your access to and use of the POS Forge platform operated by DataForge Ltd (“we”, “us”, “our”). By creating an account or using the service, you agree to be bound by these Terms.
1. The Service
POS Forge is a cloud-based point-of-sale and business management platform for hospitality businesses. We provide software-as-a-service (SaaS) on a subscription basis. Features available to you depend on the plan you subscribe to.
We reserve the right to modify, suspend, or discontinue any part of the service with reasonable notice. We will not materially reduce the core functionality of your current plan without offering a comparable alternative or a prorated refund.
2. Accounts
You must be at least 18 years of age and authorised to enter into contracts on behalf of your business to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You must provide accurate, current, and complete information during registration and keep it updated. We may suspend or terminate accounts where information is found to be false or misleading.
3. Subscriptions and Billing
Subscriptions are billed monthly in advance. Pricing is shown on our website and is exclusive of applicable taxes (GST, VAT, or similar) unless stated otherwise.
Payments are processed by Stripe. By providing a payment method, you authorise us to charge the applicable subscription fee on each renewal date. If a payment fails, we will notify you and may suspend access to the service after a reasonable grace period.
We may change subscription pricing with at least 30 days’ notice by email. Continued use of the service after the price change takes effect constitutes acceptance of the new price.
4. Free Trials
Where a free trial is offered, no payment is required during the trial period. At the end of the trial, a subscription will begin automatically unless you cancel before the trial expires. You will be notified before the trial ends.
5. Cancellation and Refunds
You may cancel your subscription at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial months except where required by law.
If we terminate your account for breach of these Terms, no refund will be issued for any remaining subscription period.
6. Your Data
You retain ownership of all data you input into the platform, including sales records, product catalogs, and customer information. We do not claim ownership of your data.
You may export your data at any time. Following account termination, we will make your data available for export for 30 days, after which it may be deleted in accordance with our Privacy Policy.
You grant us a limited licence to store, process, and display your data solely to provide the service to you.
7. Acceptable Use
You agree not to:
- Use the platform for any unlawful purpose or in violation of any regulations
- Attempt to gain unauthorised access to any part of the platform or its infrastructure
- Transmit malicious code, viruses, or disruptive data
- Reverse-engineer, decompile, or attempt to extract the source code of the platform
- Resell or sublicense access to the platform without our written permission
- Use the platform to process transactions that violate applicable law or payment network rules
8. Uptime and Service Levels
We aim for high availability but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance where possible. We are not liable for downtime caused by factors outside our reasonable control, including third-party infrastructure failures, internet disruptions, or force majeure events.
9. Payment Processing
POS Forge integrates with third-party payment processors including Stripe, Linkly, and others. We are not a payment processor and are not responsible for the acts or omissions of any payment processor. Each payment processor operates under its own terms and is solely responsible for processing transactions.
You are responsible for ensuring your use of any payment integration complies with the rules of the relevant card networks and payment providers.
10. Intellectual Property
The POS Forge platform, including its software, design, trademarks, and documentation, is owned by DataForge Ltd and protected by applicable intellectual property laws. Nothing in these Terms grants you ownership of any part of the platform.
11. Limitation of Liability
To the maximum extent permitted by law, DataForge Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the service.
Our total aggregate liability for any claim arising from these Terms or your use of the service shall not exceed the total fees paid by you in the three months preceding the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence.
12. Indemnification
You agree to indemnify and hold harmless DataForge Ltd and its officers, directors, and employees from any claim, damage, or expense (including legal fees) arising from your use of the platform, your breach of these Terms, or your violation of any third-party right.
13. Modifications to These Terms
We may update these Terms from time to time. Material changes will be communicated by email at least 14 days before they take effect. Continued use of the service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you may cancel your subscription before the effective date.
14. Governing Law and Disputes
These Terms are governed by the laws of New Zealand. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand, unless otherwise required by mandatory local law in your jurisdiction.
15. Contact
For questions about these Terms, contact us at:
DataForge Ltd
Email: hello@posforge.com
Website: www.posforge.com