Terms of Service

1. Acceptance of Terms

By accessing or using the KwickOS website (kwickos.com) and any associated services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and KwickPOS Inc., doing business as KwickOS ("Company," "we," "us," or "our").

If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Services immediately.

2. Definitions

• "Services" refers to the KwickOS website, platform, software, tools, and any related products offered by KwickPOS Inc.
• "User," "you," or "your" refers to any individual or entity that accesses or uses the Services.
• "Content" refers to all text, images, graphics, software, data, and other materials available through the Services.
• "Merchant" refers to a business that has entered into a service agreement to use the KwickOS platform for business operations.
• "Reseller" or "Partner" refers to an authorized third party that distributes or promotes KwickOS services under a separate partnership agreement.

3. Use of Website

You may use our website for lawful purposes in accordance with these Terms. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for personal or business evaluation purposes.

The free tools, calculators, and resources available on our website are provided for informational purposes only. While we strive for accuracy, we do not guarantee that the output of any tool constitutes professional financial, legal, or business advice.

4. Accounts and Registration

Certain features of the Services may require you to create an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized access at support@kwickos.com

We reserve the right to suspend or terminate accounts that violate these Terms or remain inactive for an extended period.

5. Services and Subscriptions

5.1 KwickOS Platform

The KwickOS platform is a modular business operating system that includes point-of-sale, inventory management, online ordering, digital signage, customer relationship management, and other business tools. Access to the platform requires a separate service agreement and is subject to the terms of that agreement.

5.2 Service Level

We strive to maintain high availability of our cloud services. However, the KwickOS hybrid architecture is designed so that local operations continue uninterrupted even during internet outages. Specific uptime commitments, if any, are defined in individual service agreements.

5.3 Support

We provide 24/7 multilingual support (English, Chinese, and Spanish) to active subscribers. Support channels and response times may vary based on your service plan.

6. Payment Terms

If you subscribe to paid Services, the following terms apply:

• Pricing: Service fees are outlined in your individual service agreement or order form. Prices are subject to change with 30 days' written notice.
• Payment: Payments are due according to the schedule in your service agreement. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less.
• Taxes: All fees are exclusive of applicable taxes. You are responsible for any sales, use, or value-added taxes associated with your use of the Services.
• Refunds: Refund eligibility is determined by the terms of your individual service agreement. Hardware purchases may be subject to separate return policies.

KwickOS is processor-agnostic: we do not process payment card transactions on your behalf. Payment processing is handled by the third-party processor of your choice under their own terms and conditions.

7. Intellectual Property

7.1 Our Intellectual Property

All content, features, and functionality of the Services — including but not limited to the KwickOS name, logo, software, website design, text, graphics, and documentation — are owned by KwickPOS Inc. and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

The names KwickOS, KwickPOS, KwickMenu, KwickSign, KwickVoice, KwickPay, KwickPhoto, KwickTracker, KwickDriver, and related marks are trademarks of KwickPOS Inc. You may not use these marks without our prior written permission.

7.2 Limited License

We grant you a limited, revocable license to access and use the Services for their intended purpose. This license does not include the right to:

• Copy, modify, or distribute our software or content
• Reverse engineer, decompile, or disassemble any part of the Services
• Use automated tools (bots, scrapers) to access the Services
• Remove any copyright, trademark, or proprietary notices
• Sublicense or transfer your rights to any third party

8. User Content

When you submit content through our Services (such as contact form messages, reviews, testimonials, or support communications), you grant KwickPOS Inc. a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with operating and promoting the Services.

You represent that you own or have the necessary rights to submit any content you provide, and that your content does not violate any third party's intellectual property or other rights.

9. Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems
• Transmit viruses, malware, or any code designed to disrupt, damage, or limit the functionality of the Services
• Interfere with or disrupt the integrity or performance of the Services
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Collect or harvest personal information of other users without their consent
• Use the Services to send unsolicited commercial communications (spam)
• Engage in any activity that imposes an unreasonable load on our infrastructure

10. Third-Party Services

Our Services may contain links to third-party websites, services, or integrations. These third-party services are not under our control, and we are not responsible for their content, privacy policies, or practices. The inclusion of any link does not imply endorsement by KwickOS.

Your use of third-party services, including any payment processors you select for use with the KwickOS platform, is governed by the terms and privacy policies of those third parties.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, KwickPOS Inc. disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected

The free tools and calculators on our website are provided for general informational purposes. They should not be relied upon as a substitute for professional advice from qualified accountants, attorneys, or business consultants.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KWICKPOS INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to, use of, or inability to use the Services
• Any conduct or content of any third party on the Services
• Unauthorized access, use, or alteration of your data or content
• Any other matter relating to the Services

Our total liability for any claim arising from or related to these Terms or the Services shall not exceed the greater of (a) the amount you paid to KwickPOS Inc. in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless KwickPOS Inc. and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit through the Services

14. Termination

We may suspend or terminate 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 ceases immediately
• We may delete your account and associated data, subject to our data retention obligations
• Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will remain in effect

If you are a paying subscriber, termination terms (including data export and transition periods) are governed by your individual service agreement.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles.

Any dispute arising from these Terms or the Services shall first be addressed through good-faith negotiation. If the parties cannot resolve the dispute within 30 days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in New York.

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

Class Action Waiver: To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Post a notice on our website for significant changes
• For active subscribers, provide at least 30 days' notice before changes take effect

Your continued use of the Services after any modification constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services.

17. Contact Us

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

• Email: support@kwickos.com
• Website: kwickos.com/contact.html
• Company: KwickPOS Inc., doing business as KwickOS