These Terms of Service ("Terms") govern your use of the Simpli POS application and related services provided by Simpli POS, a New York corporation ("we," "us," "our"). By downloading or using Simpli POS, you agree to these Terms.
1. The Simpli POS software
Simpli POS is free point of sale software. We grant you a non-exclusive, non-transferable license to download and use the Simpli POS app on devices you own or control, for the purpose of operating your business. This license continues as long as you comply with these Terms.
The software is provided "as is." We make no warranty that the software will be error-free, uninterrupted, or meet every specific business requirement. We will make reasonable efforts to maintain availability and release updates.
2. Your account
You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at info@simpli-pos.com if you believe your account has been compromised.
You must provide accurate information when creating your account and keep it up to date. You may not share your account with others or create accounts on behalf of third parties without authorization.
3. Payment processing
Integrated credit card processing is an optional, separate service from the POS software. If you choose to open a merchant account through Simpli POS, you will be subject to a separate Merchant Services Agreement, which governs processing rates, settlement terms, chargebacks, and compliance requirements.
You are responsible for compliance with card network rules (Visa, Mastercard, etc.) and applicable laws relating to card acceptance in your jurisdiction.
4. Your content, data, and feedback
Your business data — menus, transactions, employee records, and customer information you enter into Simpli POS — belongs to you. We process it only to operate the service and as described in our Privacy Policy.
You are responsible for ensuring that any personal data you enter into Simpli POS (such as employee information) is collected and stored in compliance with applicable privacy laws.
If you submit feedback, suggestions, or ideas through the App or otherwise, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and incorporate that feedback into our products and services without any obligation or compensation to you.
5. Prohibited uses and business types
You may not use Simpli POS to:
- Process transactions for illegal goods or services
- Engage in fraudulent activity, money laundering, or terrorist financing
- Reverse engineer, decompile, or attempt to extract the source code of the App
- Interfere with or disrupt the infrastructure supporting the service
- Resell or sublicense access to the software without our written consent
The following business categories are prohibited from using Simpli POS integrated payment processing, regardless of local legality:
- Adult content, entertainment, or services
- Gambling, gaming, sweepstakes, or online poker
- Firearms, ammunition, or weapons dealers (including unlicensed dealers)
- Tobacco, e-cigarettes, cannabis, or controlled substances
- Multi-level marketing, pyramid schemes, or get-rich-quick operations
- Money services businesses (check cashing, money orders, currency exchange)
- Payday lending, debt collection, or credit repair services
- Any business appearing on a governmental sanctions list
We reserve the right to terminate payment processing for any merchant whose business category poses unacceptable legal, financial, or reputational risk, at our sole discretion.
6. Export controls and sanctions compliance
You may not use Simpli POS if you are (a) located in a country or territory subject to a U.S. government embargo, (b) listed on the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Specially Designated Nationals list, or (c) otherwise prohibited from receiving U.S.-origin software or services under applicable export control laws. By using Simpli POS, you represent and warrant that none of the foregoing applies to you.
7. Intellectual property
Simpli POS and its underlying software, design, trademarks, and content are owned by us and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property beyond the limited license described in Section 1.
8. Disclaimer of warranties
To the maximum extent permitted by applicable law, Simpli POS is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be available at all times or free from errors or viruses.
9. Limitation of liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use Simpli POS — even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising under these Terms shall not exceed the total fees you have paid us in the twelve months preceding the claim.
10. Dispute resolution and arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES AND LIMITS YOUR ABILITY TO BRING CLASS ACTIONS.
Informal resolution first
Before initiating any legal proceeding, you agree to contact us at info@simpli-pos.com with a written description of your dispute and the relief you are seeking. We will attempt to resolve the dispute informally within 60 days of receiving your notice.
Binding individual arbitration
If we cannot resolve the dispute informally, you and Simpli POS agree that any dispute, claim, or controversy arising from or relating to these Terms or your use of Simpli POS will be resolved by binding individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), rather than in court. The arbitration will be conducted in New York, New York, or by telephone or video conference at the election of either party.
No class actions
You and Simpli POS each agree to bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.
Opt-out
You may opt out of this arbitration agreement by sending written notice to info@simpli-pos.com within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
Exceptions
Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims properly brought in small claims court are also excluded from this arbitration agreement.
11. Governing law
These Terms are governed by the laws of the State of New York and the Federal Arbitration Act, without regard to conflict of law principles. For any dispute not subject to arbitration under Section 10, the parties consent to exclusive jurisdiction in the state and federal courts located in New York.
12. General provisions
Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Entire agreement. These Terms, together with our Privacy Policy and any Merchant Services Agreement you have entered into, constitute the entire agreement between you and Simpli POS regarding Simpli POS and supersede all prior agreements, representations, or understandings, whether written or oral.
Waiver. Our failure to enforce any provision of these Terms on any occasion does not constitute a waiver of our right to enforce that provision in the future.
Force majeure. We are not liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, internet or infrastructure outages, cyberattacks, labour disputes, or government actions.
Assignment. You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of substantially all of our assets.
13. Changes to these Terms
We may update these Terms from time to time. We will notify you of material changes by email or by a notice within the App at least 30 days before the changes take effect. Continued use of Simpli POS after the effective date constitutes acceptance of the updated Terms.
14. Termination
You may stop using Simpli POS and close your account at any time. We may suspend or terminate your access if you breach these Terms, with or without notice depending on the severity of the breach. Sections 4, 7, 8, 9, 10, and 11 survive termination.
15. Contact us
Questions about these Terms? Contact us at info@simpli-pos.com.