END USER LICENSE AGREEMENT
These AYS POS Terms of Service (this “Agreement”) are entered into by AYSPOS TECHNOLOGIES and the entity executing this Agreement (“You”). This Agreement governs Your use of the standard AYS POS Service (the “Service”). BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT. AYSPOS Technologies reserves the right to change these terms at any time, effective upon the posting of modified terms, AYSPOS Technologies will make every effort to communicate these changes to You via email or notification via the Website. In consideration of the foregoing, the parties agree as follows:
Definitions
“Access” means to connect to the Software either directly or indirectly through any network including the internet. “Account” refers to the billing account for the Service. All organisation profiles created by a person will be subject to monthly subscription plan. “Confidential Information” includes any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally and, within five business days, reduced to writing and marked “confidential”. However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. “Customer Data” means the data entered by you. “Website” means the AYS POS website where the service is provided. “Service” means the online website. “Subscriber” means the person who has signed up for the AYS POS account and is using the service.
Software License
In accordance with the terms herein, AYSPOS Technologies grants to Subscriber, and Subscriber accepts from AYSPOS Technologies, a non-exclusive, non-transferable, worldwide right to use AYS POS Software, solely for Subscriber’s business or personal purposes, to use the current version of AYSPOS Technologies’ Software. This license allows Subscriber to use the Software installed on a Server Environment which is hosted by or on behalf of AYSPOS Technologies. AYSPOS Technologies reserves the right to change the Server Environment from time to time as it may deem fit. The Software shall be used for the processing of Subscriber’s own business, which may include servicing and maintaining records on behalf of its customers and clients. Subscriber shall have the following options under this agreement: a) To purchase other licenses and/or add-ons in future at any time during the term of this EULA by paying appropriate License Fee as decided by AYSPOS Technologies; and b) In case Subscriber unsubscribed before completion of the then current term, AYSPOS Technologies shall not be obligated to refund the unused amount of License Fees to Subscriber.
Subscription Fees
The monthly subscription package will commence from the date of purchase and will continue until you notify us in writing that you wish to cancel your subscription based membership. AYS POS monthly subscription based memberships can be cancelled with a one month’s notice period. AYSPOS Technologies is entitled to revise the amount of the License Fees for respective Renewal Term. Such revision in the License Fees shall from time to time be updated and published on the AYSPOS Technologies’ official website (the “Site”).
Software Ownership
AYSPOS Technologies represents that it is the owner of the Software and that it has the right to modify same and to grant Subscriber a license for its use. Member Account, Password, and Security to register for the Service, You must complete the registration process by providing correct information as prompted by the registration form, including your e-mail address (username) and other contact information. You will protect your passwords and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your Account.
Confidentiality
Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
Technical Support
Technical problems and issues faced due to the use of website and mobile should be investigated thoroughly before contacting AYS POS helpdesk. The helpdesk can be contacted via the online feedback option or helpdesk email. An optional telephone support will also be offered. This technical support entitlement will be available as long as you have an active membership and all recurring payments for subscription based memberships are up to date. For telephone based support we reserve the right to limit each telephone call to a single support request or question. We may also limit or terminate telephone support entitlements if you use the service in an excessive, abusive or fraudulent manner.
Software Upgrades
AYSPOS Technologies makes no commitment to release new software updates and there are no scheduled dates for compliance updates or new feature releases. Software upgrades, when released, will automatically be applied to the website and a notification will be posted on the website
No Warranties
AYSPOS Technologies gives no warranty for the Services. Without limiting the foregoing, AYSPOS Technologies does not warrant that the Services will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement AYSPOS TECHNOLOGIES DOES NOT WARRANT THAT: (A) THE OPERATION OF THE SOFTWARE OR HARDWARE OR NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN COMBINATIONS OF SOFTWARE OR HARDWARE OR NETWORK THAT MAY BE SELECTED FOR USE BY SUBSCRIBER; (B) THE SOFTWARE WILL BE FREE OF VIRUS, TROJANS OR OTHER SUCH HARMFUL OR MALICIOUS CONTENT; (C) THE SOFTWARE IS INCAPABLE OF BEING HIJACKED; (D) THE SOFTWARE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS; OR (E) ANY RESULTS, OUTPUT, OR DATA PROVIDED THROUGH OR PERFORMANCE OF THE SOFTWARE AND FOR THE DELAY IN DELIVERY, INSTALLATION OR FURNISHING OF LICENSED MATERIAL OR SERVICES UNDER THIS AGREEMENT. e) If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms.
Indemnification
To the extent permitted by applicable law, You will indemnify, hold harmless and defend AYSPOS Technologies, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against AYSPOS Technologies or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by AYSPOS Technologies or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by you concerning any aspect of the Service, the Software or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of the Service (vi) violations of your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service.
Term and Termination
This Agreement shall be terminated: a) At the end of the then current Term; or b) In the event of a material breach of this Agreement by Subscriber or AYSPOS Technologies; c) In the event of termination at any time during the term of Agreement by AYSPOS Technologies or Subscriber AYSPOS Technologies shall have the right to terminate this Agreement and license(s) granted herein: a) Upon ten days’ written notice in the event that Subscriber, its officers or employees violates any provision of this License Agreement including, but not limited to, confidentiality and payment; b) In the event Subscriber (i) terminates or suspends its business; (ii) becomes subject to any bankruptcy or insolvency proceeding under Federal or state statute or (iii) becomes insolvent or becomes subject to direct control by a trustee, receiver or similar authority. c) Subscriber agrees not to terminate this Agreement for any reason before completion of the Initial Term. Thereafter Subscriber may terminate this Agreement at any time by unsubscribing from the Site or by requesting AYSPOS Technologies to cancel Subscriber’s subscription and AYSPOS Technologies shall not be obligated to refund any remaining portion of License Fees paid by Subscriber.
