Terms of Service

The Service is offered exclusively to businesses and business users, and only for commercial purposes. The Service is not offered to, and may not be used by, consumers, and no consumer-protection regime is intended to apply to this agreement. By using the Service you represent that you are at least 18 years old, that you are acting on behalf of a business, and that you have full authority to bind that business to these Terms.

You are responsible for maintaining the confidentiality of your account credentials, for restricting access to your account and connected devices, and for all activity that occurs under your account — whether or not authorised by you. Notify us immediately at legal@finalpos.com of any suspected unauthorised access. Final is not liable for any loss or damage arising from unauthorised use of your account or from your failure to secure your credentials, staff PINs, or devices.

Final provides software for building, distributing, and managing in-person checkout experiences. We may add, change, suspend, or discontinue any part of the Service at any time, including features, integrations, and supported hardware, without liability to you. We may impose or adjust usage limits at our discretion.

You must not use the Service to violate any law or regulation; sell goods or services that are illegal or that violate Stripe's prohibited business lists; infringe intellectual property or privacy rights; transmit malware or spam; interfere with, disrupt, reverse-engineer, or scrape the Service; circumvent usage limits or security controls; or access or attempt to access another customer's data. We may suspend or terminate any account we reasonably believe violates this section, without notice and without liability.

You agree to pay all fees applicable to your plan and usage as displayed at the time of purchase or as otherwise agreed in writing. Paid subscriptions renew automatically at the end of each billing period at the then-current rates unless cancelled before renewal. We may change our fees or introduce new fees with notice effective from your next billing period; continued use after the effective date constitutes acceptance. If any amount is not paid when due, we may suspend or terminate the Service without notice and charge interest at the maximum rate permitted by law plus reasonable collection costs.

All fees are exclusive of taxes. You are solely responsible for all sales, use, VAT, GST, withholding, customs, import, and other taxes, duties, and government charges arising from your purchases and from your own sales made through the Service. Final is not responsible for determining, collecting, reporting, or remitting any tax that applies to your business.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PURCHASES ARE FINAL AND NON-REFUNDABLE. This applies to all subscription fees, usage fees, one-time charges, and hardware purchases, whether or not the Service or hardware is used, and including partial billing periods after cancellation, downgrade, suspension, or termination for breach. No refunds, credits, or set-offs are provided for downtime, unused features, dissatisfaction, or changes to the Service.

Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, including the Stripe Services Agreement (collectively, the "Stripe Agreements"). By using payment features you agree to be bound by the Stripe Agreements as they may be modified by Stripe from time to time. You — not Final — are the merchant of record for all transactions you process.

Final is not a bank, payment processor, money transmitter, or money services business. Final does not hold, receive, settle, or transmit your funds at any time. All processing, settlement, payout timing, reserves, holds, account reviews, and terminations of processing capability are controlled solely by Stripe, and Final has no responsibility or liability for them, including for Stripe's fees or any changes Stripe makes to them.

You are solely responsible for every transaction processed through your account, including its accuracy, authorisation, fulfilment, and lawfulness. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINAL HAS NO LIABILITY FOR ANY TRANSACTION OR SETTLEMENT DISCREPANCY OF ANY KIND, including transactions that fail to settle or reconcile, duplicate or missing charges, incorrect amounts, daily takings or cash-drawer discrepancies, tips, refunds you issue, currency conversion differences, offline or store-and-forward payments that later decline, or any mismatch between records in the Service and your bank, processor, or accounting records. You are responsible for reviewing and reconciling your own transactions daily.

Chargebacks, disputes, reversals, and related fines and fees are solely between you, Stripe, the card networks, and your customers. Final does not participate in, and bears no liability for, any chargeback or dispute outcome.

You are solely responsible for complying with all laws that apply to your business and your point of sale, including consumer-protection, receipt-issuance, fiscalization and fiscal-printer, cash-register, price-display, and record-keeping requirements in every jurisdiction where you operate; your own refund and returns policies toward your customers; PCI DSS obligations applicable to your environment; and any licensing or age-verification rules for what you sell. Final does not warrant that the Service satisfies the legal requirements of any particular jurisdiction or industry, and you use it at your own risk in that regard.

Hardware sold through our store (card readers, terminals, stands, and accessories) is designed, manufactured, and warranted by third-party manufacturers, not by Final. Final acts solely as a reseller. All hardware sales are final and non-refundable, and hardware may not be returned or exchanged except where the manufacturer's own warranty process provides for replacement. Prices, availability, and specifications may change at any time, and we may cancel orders affected by pricing or listing errors with a refund of amounts actually paid for the cancelled order as the sole remedy.

Title to hardware and all risk of loss or damage pass to you when the products are handed to the carrier. Delivery dates are estimates only. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINAL IS NOT LIABLE for shipping delays, loss or damage in transit, carrier errors, customs holds, import duties, brokerage fees, or your failure to receive or accept delivery. Any claim for loss or damage in transit must be pursued against the carrier or manufacturer.

The only warranty applicable to hardware is the original manufacturer's warranty, if any, which the manufacturer provides directly to you. To the extent permitted, Final passes through the manufacturer's warranty and makes no warranty of its own. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO HARDWARE, express or implied, and has no liability for hardware defects, malfunctions, failures, incompatibility, discontinued support by the manufacturer, firmware or certification changes, or any loss — including lost sales or transaction data — arising from hardware. All warranty and product-liability claims must be directed exclusively to the manufacturer.

You retain ownership of the content and data you upload to the Service. You grant Final a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and create backups of that content as needed to operate, secure, and improve the Service. You are responsible for the accuracy and legality of your content and for having all rights necessary to use it. We process personal data in accordance with our Privacy Statement. We may use aggregated and anonymised data derived from the Service for any lawful purpose.

The Service, including all software, designs, trademarks, and documentation, is owned by Final and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes; no other rights are granted. If you send us feedback, suggestions, or ideas, you grant Final a perpetual, irrevocable, royalty-free right to use them without restriction or compensation.

We may offer alpha, beta, preview, or early-access features. These are provided strictly as-is, may be changed or withdrawn at any time, may contain defects, and are excluded from any availability expectations. Final has no liability whatsoever arising from beta or pre-release features, and you use them at your own risk.

The Service interoperates with third-party products and services, including Stripe, app stores, extensions, and hardware manufacturers. Your use of any third-party service is governed solely by that third party's terms, and Final is not responsible or liable for third-party services, their availability, their acts or omissions, or any changes they make that affect the Service.

We aim for high availability but the Service is provided without any uptime guarantee or service-level commitment. The Service may be interrupted by maintenance, updates, failures of third-party providers, or events beyond our control. You are solely responsible for maintaining independent backups and exports of your business records, and Final is not liable for any loss, corruption, or unavailability of data. Offline functionality is provided on a best-effort basis only.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. NO ADVICE OR INFORMATION OBTAINED FROM FINAL CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) FINAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST SALES, LOST OR UNRECONCILED TRANSACTIONS OR TAKINGS, LOST DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR REPUTATIONAL HARM, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) FINAL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF USD 100 OR THE FEES YOU ACTUALLY PAID TO FINAL IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations apply to all claims, whether in contract, tort, negligence, strict liability, or otherwise, and survive any failure of essential purpose of a limited remedy. Nothing in these Terms excludes liability that cannot be excluded by law, such as liability for fraud or for death or personal injury caused by negligence.

You will defend, indemnify, and hold harmless Final, its affiliates, officers, employees, and agents from and against all claims, damages, fines, penalties, and expenses (including reasonable legal fees) arising out of or relating to: your use of the Service or hardware; your content; the products and services you sell; your transactions, chargebacks, and disputes with your customers; your violation of these Terms, the Stripe Agreements, or any law; or your infringement of any third-party right.

You may stop using the Service and close your account at any time; closing your account does not entitle you to any refund. We may suspend or terminate your access immediately, with or without notice, if you breach these Terms, create risk or legal exposure for Final, fail to pay amounts due, or if Stripe terminates or restricts your connected account — or for any reason with 30 days' notice. Following termination you have 30 days to export your data, after which we may delete it. Sections that by their nature should survive termination (including fees owed, no-refund, disclaimers, liability limits, indemnification, and dispute resolution) survive.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Wilmington, Delaware, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or confidential information.

YOU AND FINAL EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. All claims must be brought in the parties' individual capacity. You may opt out of this arbitration agreement by emailing legal@finalpos.com within 30 days of first accepting these Terms; opting out does not affect any other provision. Any claim must be filed within one year after it arose or it is permanently barred, to the extent permitted by law.

Final is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, epidemics, government action, power or internet failures, and failures of hosting, payment, carrier, or manufacturing partners.

You may not use the Service or purchase hardware if you are located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions, or if you are listed on any US government restricted-party list. You agree to comply with all applicable export-control and sanctions laws.

We may update these Terms from time to time. For material changes we will provide notice by email or in-product message before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, your sole remedy is to stop using the Service and close your account.

These Terms, together with the Privacy Statement, Cookie Policy, and any order or plan details you accept, are the entire agreement between you and Final and supersede all prior agreements on this subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them freely, including in connection with a merger or sale. Nothing in these Terms creates a partnership, joint venture, or agency relationship.

These Terms are drafted in English. Any translation is provided for convenience only, and the English version controls in the event of any conflict.