TERMS OF SERVICE
WELCOME TO AI SMART POS. BY CLICKING AGREE, YOU CONFIRM THAT YOUVE READ AND UNDERSTAND OUR TERMS OF SERVICE. THESE TERMS GOVERN YOUR USE OF OUR SERVICES. IF YOURE USING OUR SERVICES ON BEHALF OF A BUSINESS, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS.
Software Service
This agreement is between AI smart pos almubdieun technology L.L.C limited liability company incorporated in Dubai (AI Smart pos ), and the Customer agreeing to these terms (Customer).
This agreement grants you and your affiliated entities access to our cloud-based software service. This includes remote training, features, and functionalities as outlined in your order. We reserve the right to update or modify this agreement at any time, and we will notify you of any changes.
Use of Service
Customer Data Ownership and License
All data, information, and content uploaded by the Customer to the Service remains the Customers property. The Customer grants AI Smart POS a non-exclusive license to access, use, copy, modify, display, and transmit this data for the purpose of providing and improving the Services. AI Smart POS will make the Customers data available upon request. The Customer is solely responsible for the accuracy, quality, content, and legality of the data and any transfers outside the Service.
Affiliates and Contractors
The Customer, including its affiliates, may enter into orders with AI Smart POS. Affiliates entering into orders are bound by this agreement. The Customer may allow its affiliates and employees to use the Service, provided the Customer is responsible for their compliance with the agreements terms. Affiliate use is solely for the Customers benefit. An affiliate is a company controlled by or under common control with the subject entity, with at least a 50% ownership interest.
Your Responsibilities
• Account Security: Keep your passwords strong and confidential.
• Data & Activity: Youre responsible for your data and any activity within your account.
• Report Unauthorized Access: Let us know immediately if theres unauthorized access.
• Proper Use: Only use the Service according to its documentation and applicable laws.
• FAQ Compliance: Follow the guidelines outlined in the FAQ (Note: We may update the FAQ, but significant changes will require your consent or prior renewal notice.)
AI Smart POS Support
We provide support for the Service according to our Customer Support Policy. You can contact us at support@aismartpos.com for any support needs.
7-Day Trial
If youve registered for a trial, you can access the Service for 7 days (unless we extend it). The Service is provided as is during this period, without any warranty. Your data will be deleted within 7 days after the trial unless you upgrade to a paid plan.
Competitive Restrictions
You cant use the Service to monitor its performance or for competitive purposes. Our competitors are prohibited from accessing the Service without our prior written consent.
Restrictions
• No Resale or Unauthorized Use: You cannot resell or lease the Service, use it as a service provider, or mask its usage.
• Prohibited Content: Dont use the Service to store or transmit spam, harmful content, or material that infringes on others rights.
• Dont Interfere: Avoid actions that disrupt the Services performance or functionality.
• Unauthorized Access: Dont try to access the Service or its systems without authorization.
• No Reverse Engineering: You cant reverse engineer the Service unless allowed by law.
• Prohibited Applications: Dont use the Service for harmful activities like spam, spyware, or malware.
• Legal Compliance: Use the Service lawfully and respect others rights.
• Reasonable Usage: Avoid excessive bandwidth or database usage that exceeds our guidelines.
SMS Module Usage
If you use the SMS Module, you must:
• Follow Content Standards: Adhere to all applicable laws and standards regarding content, SMS Module usage, text messaging, and emailing. Avoid sending prohibited content, including harmful, offensive, or misleading content.
• Obtain Opt-In: Get appropriate affirmative consent from all clients before sending them SMS messages.
• Honor Opt-Outs: Promptly comply with any unsubscribe requests from clients.
Content Definition: Content includes all data, information, and content provided by you or your clients to be sent via the SMS Module. You are solely responsible for all Content.
AI Smart POS reserves the right to suspend your use of the Service if you breach the terms of this agreement. Please refer to our FAQ for additional information.
Disclaimer of Warranty and Support Services
AI Smart POS Warranty: AI Smart POS will take reasonable measures to ensure the Services availability, excluding maintenance outages and outages beyond our control. While the Services features and support may evolve, we wont materially reduce them during a paid term.
Disclaimer: The Service is provided as is and as available. AI Smart POS disclaims all warranties, including implied warranties of merchantability, title, and fitness for a particular purpose. While we take security measures, we cannot guarantee absolute protection. The Service may have errors and interruptions. For more information, see our FAQs.
Downloaded Material: You download material at your own risk, and youre responsible for any damage to your device or data loss. No advice or information from AI Smart POS or a third party creates any warranty not explicitly stated in these terms.
Messaging Services: If you use messaging services or SMS within the Service, youre responsible for complying with the Telephone Consumer Protection Act and its regulations. You determine the content, timing, and recipient of all messages.
Data Transfer: Neither AI Smart POS nor its third-party providers control data transfer over communication facilities like the internet. We are not responsible for limitations, delays, or other problems inherent in using these facilities. Additionally, we do not warrant or guarantee that all security breaches or attacks will be discovered, reported, or remedied.
Payment
Fees and Payment: You must pay all fees specified on the order or within one days of receiving an invoice. Quantities cannot be decreased during a paid term. You are responsible for all applicable taxes.
Credit Card Payments: If using a credit card, we may obtain pre-approval. You must pay online, and we may charge your card for purchases and any additional amounts owed. You are responsible for timely payment and providing a valid credit card. If you want to change your card or payment method, update your information online. If your card changes or expires, or is revoked or disputed, we may suspend or terminate your use of the Services with 5 days notice.
Mutual Confidentiality
Confidential Information: Confidential Information includes non-public information disclosed by one party to the other, whether orally, visually, or in writing, that is designated as confidential or should reasonably be understood as such. AI Smart POSs Confidential Information includes the Service, its user interface, pricing information, and the Software and Documentation. Customers Confidential Information includes the Customer Data.
Protection of Confidential Information: The Recipient must use reasonable care to: (a) not use Confidential Information for any purpose outside the scope of this agreement, and (b) limit access to Confidential Information to those with a need to know and who have signed confidentiality agreements.
Exclusions: Confidential Information excludes information that is publicly known, was known to the Recipient before disclosure, was received from a third party without breach of obligation, or was independently developed by the Recipient. The Recipient may disclose Confidential Information as required by law or court order, but will provide notice to the Discloser to seek a protective order.
Privacy Policy: By using the Services, the Customer agrees to our use, collection, and disclosure of Customer Data in accordance with the Privacy Policy available at https://aismartpos.com/privacy-policy/
Data Security Measures
AI Smart POS implements and maintains reasonable security measures to protect the confidentiality, security, and integrity of Customer Data. These measures include technical, physical, administrative, and organizational controls. We regularly test and monitor the effectiveness of our safeguards. We have designated employees to coordinate security measures and identify and assess risks to Customer Data.
Notice of Data Breach: If we become aware of a data breach, we will notify you within 72 hours and immediately take steps to eliminate the breach, preserve evidence, and provide information about the nature and scope of the breach.
Property
Reservation of Rights: AI Smart POS and its licensors own the Service, its underlying software, and associated intellectual property rights. You cannot remove or modify proprietary markings. AI Smart POS reserves all rights not expressly granted in this agreement.
Software and Documentation: We grant you a non-exclusive, non-transferable license to use and copy the software provided as part of the Service, solely in connection with the Service, during the term of this agreement.
Statistical Information: AI Smart POS may compile and publicly share statistical information about the Services performance, provided it doesnt identify Customer Data or allow for re-identification. We retain intellectual property rights in this information
Term and Termination
Term: This agreement continues until 15 days after all orders expire, unless terminated earlier.
Order Terms: The term of each order is specified in the order.
Mutual Termination for Material Breach: Either party may terminate this agreement at the end of a 7-day written or electronic notice/cure period if the other party materially breaches the agreement and fails to cure the breach.
Return of Customer Data: Within 15 days after termination, upon request, AI Smart POS will make the Service available for Customer to export Customer Data. After 15 days, AI Smart POS has no obligation to maintain Customer Data and may destroy it.
Effect of Termination: If AI Smart POS breaches this agreement, we will refund prepaid fees for the remainder of the term of all orders. If you breach this agreement, you will pay any unpaid fees. Following termination, each party will destroy or return the other partys property, subject to the Return of Customer Data section.
Liability Limit
Indemnification: You agree to indemnify, defend, and hold AI Smart POS harmless from any claims, costs, losses, damages, judgments, taxes, penalties, interest, and expenses (including reasonable legal fees) arising from: (a) any breach of your representations, warranties, or obligations; (b) your wrongful or improper use of the Services; (c) your violation of any law; or (d) any other partys access or use of the Services with your unique name, password, or security code.
Exclusion of Indirect Damages: To the maximum extent allowed by law, AI Smart POS is not liable for any indirect, special, incidental, or consequential damages arising from or related to this agreement, including but not limited to goodwill, data AI Smart POSs total liability arising from or related to this agreement (whether in contract, tort, or otherwise) does not exceed the amount paid by you within the 3-month period prior to the event that gave rise to the liability.
Third-Party Claims
AI Smart POS will defend or settle third-party claims alleging infringement of AI Smart POSs technology. Customer must promptly notify AI Smart POS, cooperate, and allow AI Smart POS to control the defense or settlement. AI Smart POS will indemnify Customer for defense costs, settlement amounts, and court-awarded damages. If necessary, AI Smart POS may modify the Service, procure rights, or terminate the Service with a refund.
AI Smart POS is not liable for claims arising from Customers specifications, combinations with other technology, Customer Data, or technology not provided by AI Smart POS. This section outlines Customers exclusive remedies and AI Smart POSs sole liability for intellectual property infringement.
Customer must defend, indemnify, and hold AI Smart POS harmless from any third-party claims related to Customers use of the Service (except as covered above). This includes damages, losses, expenses, and legal fees.
Governing Law and Forum
This agreement is governed by Dubai law. Any dispute must be brought in Dubai courts. Either party may seek injunctive relief. The prevailing party in litigation is entitled to recover attorneys fees and costs.
Arbitration and Dispute Resolution
If a dispute cannot be resolved through negotiation, the parties agree to arbitrate in Dubai under the Dubai Rules. The venue and seat of the arbitration shall be Dubai. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
Other Terms
This agreement constitutes the entire agreement between the parties, superseding any prior agreements. No modification or waiver is effective unless signed by both parties.
Neither party may assign this agreement, except as part of a merger or sale of substantially all of its business.
Each party represents it is not named on any U.S. government denied-party list or UN embargoed country.
The parties are independent contractors.
If any term is invalid, the other terms remain in effect. Neither party is liable for events beyond its reasonable control.
Any breach may cause irreparable harm, and the other party may seek injunctive relief.
AI Smart POS rejects additional or conflicting terms in a Customers form-purchasing document.
If there is an inconsistency between this agreement and an order, the order prevails.
Certain provisions, such as those regarding payment, confidentiality, and indemnification, survive expiration or termination of this agreement. The UN Convention on Contracts for the International Sale of Goods does not apply.
If Customer provides feedback or suggestions about the Service, AI Smart POS may use such information without obligation to Customer.