Terms of use

These Terms of Use (“Terms”) govern your access to and use of the website, application and services of SellwisePOS.

By using SellwisePOS, creating an account, requesting store activation, or using the checkout features, you agree to these Terms.

If you do not agree to these Terms, you must not use the Service.

1. The SellwisePOS service

SellwisePOS is point-of-sale software aimed primarily at retail businesses.

Depending on the configuration of the store, the service can notably allow:

• product management;
• inventory management;
• recording sales;
• management of cash register sessions;
• user and role management;
• producing reports;
• price and tax management;
• generation of receipts;
• integration with certain payment services;
• other features offered by SellwisePOS.

Available features may vary by country, store, configuration chosen, and available integrations.

2. Request to create a store

Submission of a form or store creation request does not constitute automatic acceptance.

SellwisePOS may review the information provided before activating a store.

Activation is carried out after validation by SellwisePOS.

SellwisePOS may request additional information when reasonably necessary for the creation, configuration or security of the store.

3. Prices and fees

The price applicable to the service is that agreed between SellwisePOS and the merchant at the time of store activation.

Unless otherwise specified in a specific agreement, SellwisePOS does not automatically add a mandatory monthly subscription simply because of use of the software.

Fees from third-party providers may, however, apply independently of SellwisePOS.

These costs may notably concern:

• payment services;
• transfers;
• certain technological services;
• external services integrated into the store.

Fees charged by a third-party provider remain subject to that provider’s terms and conditions.

4. Card payments

Availability of in-app payments depends on country and available providers.

Canada, United States, Mexico, France and Brazil

When StripeConnect is available and configured for the store, card payments are processed by Stripe.

Payment-related funds go to the business's Stripe account as configured in Stripe Connect.

SellwisePOS does not hold funds from sales.

Payout times and fees applied by Stripe are determined by Stripe and may vary depending on country, account and applicable terms.

For example, Stripe transfer fees may include fees such as those indicated by Stripe for the applicable country. The rates applicable at the time of the transaction or transfer are those communicated directly by Stripe.

Chile

When Mercado Pago is used, payment is processed by Mercado Pago on its own terms.

SellwisePOS does not become the financial institution responsible for processing the payment.

Dominican Republic

When Stripe or Mercado Pago are not available for the relevant scenario, the merchant can use their own payment terminal.

In this case:

• the payment is processed directly by the merchant's terminal or supplier;
• SellwisePOS does not process the card;
• SellwisePOS does not store full card data;
• the merchant can record the transaction in SellwisePOS as an external payment.

5. SellwisePOS does not hold merchant funds

SellwisePOS provides management and POS software.

Unless expressly stated otherwise in a separate agreement, SellwisePOS:

• does not receive funds on behalf of merchants;
• does not retain funds from sales;
• does not determine payment provider payment deadlines;
• is not responsible for decisions made by payment providers regarding merchant accounts.

Disputes relating to payment processing carried out by a third-party provider may need to be handled directly with that provider.

6. Taxes

The merchant remains responsible for the accuracy of the tax rates used in his store and for his tax obligations.

SellwisePOS provides functionality that allows the merchant to configure or apply tax rates depending on the functionality available.

When the system allows the merchant to enter a rate manually, the merchant is responsible for verifying that the rate entered is appropriate.

In Brazil, when the system requires a rate to be configured before a sale can be cashed, the merchant must provide the required rate before making the sale.

SellwisePOS does not act as tax, accounting or legal advisor to the merchant.

The merchant remains responsible for his declarations, records, invoices, tax obligations and other requirements applicable to his business.

7. Accuracy of information

The merchant must provide accurate, complete and up-to-date information when necessary for the use of the service.

It is also his responsibility to keep up to date:

• business information;
• the products;
• prices;
• taxes;
• users;
• permissions;
• the information necessary for the functionalities of the service.

SellwisePOS cannot be held responsible for the consequences resulting from incorrect information entered by the merchant or its users.

8. Accounts and security

The merchant is responsible for the security of accounts associated with their store.

In particular, it must:

• protect your identifiers;
• protect passwords;
• protect cash register PINs;
• do not share access unnecessarily;
• grant access only to authorized people;
• quickly remove access that has become unnecessary.

Any activity performed using valid access can be associated with the relevant store.

If Merchant suspects unauthorized use, Merchant should contact SellwisePOS as soon as possible.

9. Acceptable Use

The user agrees to use SellwisePOS only for lawful purposes and in accordance with these Terms.

In particular, it is prohibited to use the service for:

• bypass security mechanisms;
• gain unauthorized access to an account or store;
• intentionally disrupt the operation of the service;
• introduce malware or content intended to compromise the Service;
• attempt to access another merchant’s data;
• use the Service for any fraudulent or illegal activity;
• resell or redistribute the Service without authorization;
• use the Service in any way that may harm SellwisePOS, its suppliers, or other users.

10. Merchant Data

The merchant remains responsible for the data he enters in SellwisePOS.

In particular, he must ensure that he has the necessary rights and authorizations to collect, use and process the data he enters into the system.

When information about its own customers is used in the course of its activities, the merchant remains responsible for its legal obligations and its own privacy notice.

11. Intellectual property

SellwisePOS and its components, including its software, interface, design, trademarks, texts, graphics and functionalities, are protected by applicable intellectual property laws.

Unless expressly authorized, users may not:

• copy the software;
• reproduce the interface for commercial purposes;
• modify or create a derivative version of the Software;
• attempt to decompile or disassemble the Software where this is not permitted by law;
• use the SellwisePOS trademarks without authorization.

Use of the service does not transfer any intellectual property rights to the user.

12. Availability of the service

SellwisePOS seeks to keep its service available and functional.

However, the service may be temporarily unavailable due in particular to:

• maintenance;
• updates;
• a technical breakdown;
• a network problem;
• a failure of a third-party supplier;
• a security incident;
• of an event beyond the control of SellwisePOS.

SellwisePOS does not guarantee that the Service will be available without interruption or free from any errors.

13. Third Party Services and Providers

Certain features of SellwisePOS depend on services provided by third parties.

This may include services of:

• payment;
• accommodation;
• database;
• messaging;
• authentication;
• technological infrastructure.

These services may be subject to their own terms and policies.

A modification, interruption or limitation imposed by a third-party provider may affect certain functionality of SellwisePOS.

14. Backup and retention of data

The merchant remains responsible for keeping the documents and information it needs for its commercial, tax or legal obligations.

SellwisePOS may retain certain data in accordance with its retention practices and Privacy Policy.

Use of SellwisePOS should not be considered the sole recordkeeping mechanism for which the merchant is legally responsible.

15. Suspension or limitation of service

SellwisePOS may temporarily suspend or limit access to a store or certain features when reasonably necessary, including:

• violation of these Conditions;
• fraudulent or suspicious use;
• security risk;
• legal or regulatory request;
• non-payment when payment is applicable;
• of use that could compromise the service or other users.

When circumstances permit, SellwisePOS may attempt to notify the merchant before or after a suspension.

16. Termination

The merchant can request the closure of his account or store by contacting SellwisePOS.

After termination, certain data may be retained where necessary to comply with legal, tax, accounting, contractual obligations or to establish, exercise or defend rights.

Termination does not automatically cancel obligations which, by their nature, must continue after the end of the service.

17. Limitation of liability

To the extent permitted by applicable laws, SellwisePOS is not liable for losses resulting directly from:

• incorrect information entered by the merchant;
• incorrect configuration of taxes or products;
• sharing identifiers or PINs;
• unauthorized use of an account when this results from insufficient access protection;
• interruption or failure of a third party provider;
• tax, accounting or commercial decisions of the merchant;
• a problem with the merchant's payment terminal;
• an event beyond the reasonable control of SellwisePOS.

Nothing in these Conditions is intended to exclude any liability which cannot lawfully be excluded or limited.

18. Lack of professional advice

SellwisePOS provides a software tool.

The service does not constitute advice:

• legal;
• tax;
• accountant;
• financial;
• commercial.

The merchant remains responsible for obtaining the professional advice necessary for his business.

19. Changes to the Service

SellwisePOS may modify, improve or remove certain features of the Service when reasonably necessary for the evolution of the platform.

When a material change materially affects users, SellwisePOS may provide appropriate information where required or reasonably possible.

20. Changes to Conditions

SellwisePOS may modify these Terms to take into account changes in the service, its business practices or legal requirements.

The last updated date will be changed when a new version is released.

Continued use of the Service after a new version becomes effective may constitute acceptance of the modified Terms to the extent permitted by applicable law.

21. Applicable law

These Conditions are interpreted in accordance with the laws applicable to the place where SellwisePOS operates, subject to mandatory consumer protection rules and other provisions from which no derogation may be made.

When a particular provision is governed by a mandatory law applicable to the user or merchant, this provision remains applicable despite any contrary provision in these Conditions.

22. Entire Agreement

These Terms, together with the documents expressly incorporated by reference, constitute the agreement applicable to the use of the Service, subject to any specific written agreement entered into between SellwisePOS and a merchant.

If any provision is found to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

23. Contact us

For any questions regarding these Terms:

SellwisePOS

Email: contact@sellwisepos.com