These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with PatronWorks ("us", "we", or "our"), a United States Based company, and the PatronWorks POS, a Software as a Service Point of Sale solution ("PatronWorks Service").
Please read these Terms and Conditions carefully before using our Service.
1. ACCEPTANCE OF TERMS
By accessing or using PatronWorks Service, you expressly acknowledge, accept, and agree to be bound by PatronWorks Terms and Conditions, including any future modifications, updates or amendments. This includes compliance with any and all applicable laws, rules, and regulations related to your use of the PatronWorks Service. Your agreement to these Terms also applies to all other policies and guidelines related to the PatronWorks Service that are shared with you or made available on PatronWorks website, including PatronWorks Privacy Policy and any operating rules, policies, and procedures that PatronWorks may publish from time to time.
If you do not agree with these Terms in their entirety, or if you do not have the legal capacity to accept these Terms, you must not access or use the PatronWorks Service. Please be aware that by accessing or using the PatronWorks Service, you are acknowledging that you have read, understand, and agree to these Terms without limitation or qualification.
Your use of the PatronWorks Service, in whole or in part, for any purpose not expressly permitted in these Terms is strictly prohibited. PatronWorks reserves the right to refuse service to anyone for any reason at any time. If you violate or if, at any point, you do not agree to any portion of the then-current version of our Terms, your license to use the PatronWorks Service shall immediately terminate, and you must immediately stop using the PatronWorks Service.
Please note that these Terms may be revised and reissued, prospectively, by PatronWorks from time to time. You consent and agree to receive notices of updates of these Terms through PatronWorks posting of updated Terms on PatronWorks Service. You should visit this page regularly to review the current Terms. If you do not agree to updated Terms, you should stop using the PatronWorks Service and/or close your account. Your continued use of the PatronWorks Service after any such changes constitutes your acceptance of the new Terms.
2. DESCRIPTION OF SERVICE
PatronWorks Service, known as PatronWorks, is a Software as a Service (SaaS) Point of Sale (POS) solution specifically designed to streamline and simplify your business operations. This Service is offered on a subscription basis and can be accessed through any compatible device with an internet connection.
The key features of PatronWorks Service include, but are not limited to:
- Inventory Management: PatronWorks Service allows you to track stock quantities, manage inventory levels, and identify sales trends in order to optimize stock control and reduce lost sales opportunities.
- Customer Management: PatronWorks Service provides a database for storing customer information, helping you create targeted marketing campaigns, offering personalized discounts, and enhancing overall customer service.
- Sales Reporting: PatronWorks Service provides in-depth sales reports and analytics to help you gain insights into sales trends, top-selling items, and overall business performance. You can also track revenues, costs, and profits in real time.
- Transaction Processing: PatronWorks Service supports various payment methods, allowing you to process transactions smoothly and quickly. PatronWorks Service is designed to facilitate secure payment processing, reducing the risk of fraud.
- Integration: PatronWorks Service can be integrated with a range of other software systems and platforms, enabling a seamless and holistic approach to business management.
PatronWorks is intended to evolve with the changing needs of your business and advancements in technology. Accordingly, PatronWorks Service may be updated, modified, or expanded from time to time, with new features and functionalities added at our sole discretion. We reserve the right to modify or discontinue, temporarily or permanently, PatronWorks Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of PatronWorks Service.
While we strive to provide a seamless and error-free Service, we do not warrant that PatronWorks Service will always be secure, timely, error-free, or uninterrupted, or that PatronWorks Service will meet your requirements, provide certain outputs, or achieve particular results.
Please note that your subscription to PatronWorks Service is subject to payment of the applicable fees as set forth in these Terms.
3. REGISTRATION AND ACCOUNT
To use PatronWorks, you are required to create and register an account. This requires you to provide certain information, including, but not limited to, your name, email address, contact number, company name, and payment details. It is crucial that you provide accurate and complete information during the registration process, and you must keep this information updated to maintain the integrity of your account.
Upon registration, you will create a username and password. It is your responsibility to safeguard your account details, particularly your password. You should choose a strong, unique password and not share this password with anyone.
You are fully responsible for all activities that occur under your account, whether or not you authorized that activity. This responsibility extends to any actions taken by persons to whom you have granted access to the account, whether that access was granted knowingly or unknowingly. This means that you should ensure that you have full trust and confidence in the individuals or entities that have access to your account.
If you become aware of any unauthorized use of your account, you must immediately notify us. We may, but are not obligated to, monitor your account usage for any violation of these Terms and Conditions and may take appropriate actions, including, but not limited to, terminating your account. While we have measures in place to protect the security of your account, we cannot guarantee that unauthorized third parties will not be able to defeat those measures. You acknowledge that you provide your information at your own risk.
Lastly, we reserve the right to suspend or terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Likewise, you may deactivate your account at any time by following the instructions on PatronWorks Service, but still be obligated to payment in full for the duration of the contract.
4. USER OBLIGATIONS
As a user of PatronWorks Service, you have certain obligations towards PatronWorks and other users of PatronWorks Service. These obligations are critical to the functionality, reliability, and legality of PatronWorks Service.
- Legal Compliance: You agree to use PatronWorks Service in a manner consistent with all applicable local, state, national, and international laws, rules, and regulations. This includes, but is not limited to, laws regarding data protection and privacy, intellectual property, consumer and child protection, obscenity, and defamation.
- Prohibited Content: You shall not upload, download, display, perform, transmit, or otherwise distribute any content that (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (iii) infringes upon another's copyright, trademark, trade secret, or other intellectual property rights; (iv) promotes any illegal activity, including without limitation the promotion of illegal drugs, copyright infringement, or computer hacking; or (v) contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Respect for Others: You must respect the rights and dignity of others. Harassment, intimidation, or discrimination of any kind will not be tolerated. You must not impersonate another person or entity or falsely claim an affiliation with a person or entity.
- Respect for PatronWorks Service: You must not interfere with the operation of PatronWorks Service or the use of PatronWorks Service by other users. This includes not using any robot, spider, scraper, or other automated means to access PatronWorks Service for any purpose without our express written permission.
- Security:You must not attempt to gain unauthorized access to PatronWorks Service, other accounts, computer systems or networks connected to PatronWorks Service, through hacking, password mining, or any other means. You also must not obtain or attempt to obtain any materials or information not intentionally made available through PatronWorks Service.
- Commercial use:Unless otherwise expressly authorized herein or in PatronWorks Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of PatronWorks Service, use of PatronWorks Service, or access to PatronWorks Service.
Violations of these user obligations may result in the suspension or termination of your access to PatronWorks Service, at PatronWorks' sole discretion.
5. PAYMENT AND RENEWAL TERMS
By choosing a subscription to PatronWorks, you agree to pay the subscription charges at the rate indicated at the time of your subscription. The subscription charges are fixed and are to be paid in advance.
- Payment Date: The subscription fee for PatronWorks will be charged on the day you sign up. Depending on the chosen subscription plan (monthly, annually, etc.), this fee will cover the use of PatronWorks Service for the respective period.
- Payment Methods: You can make the payment through the various payment methods that we offer, which may include credit cards, debit cards, and other electronic payment methods. By submitting your payment information, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization.
- Renewal:Unless you cancel your subscription, it will automatically renew at the end of the subscription period and the payment method on file will be charged for the next period's fee at the then-current rate.
- Upgrading and Downgrading:If you choose to upgrade or downgrade your subscription plan, the new rate will be charged at the next billing cycle. There will be no prorating of unused days in the last billing cycle.
- Non-Refundable:All subscription fees paid are non-refundable, regardless of whether PatronWorks Service is used or not. Exceptions to this policy may be made at our sole discretion.
- Changes to Fees:We reserve the right to modify the subscription fees for PatronWorks from time to time. Any change in the subscription fee will be effective at the end of the then-current billing cycle. We will provide you with reasonable prior notice of any changes in subscription fees to give you an opportunity to cancel your subscription before such changes become effective.
- Failure to Pay:If you fail to pay the subscription fees, your account may be suspended or terminated, and we may pursue any available legal remedies.
By signing up for a subscription, you understand and agree that it is your responsibility to ensure that the subscription fee is paid on time and that PatronWorks Service may be suspended or terminated if the fee is not paid on time.
6. INTELLECTUAL PROPERTY RIGHTS
All elements of PatronWorks including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with PatronWorks, no portion or element of this Service or its content may be copied or retransmitted via any means.
- Ownership: All rights, title, and interest in and to PatronWorks Service (excluding content provided by users) are and will remain the exclusive property of PatronWorks and its licensors. PatronWorks Service is protected by copyright, trademark, and other laws both domestically and internationally. Nothing in these Terms gives you a right to use the PatronWorks name or any of the PatronWorks trademarks, logos, domain names, and other distinctive brand features, unless expressly allowed by these Terms.
- Trademarks: The PatronWorks logos and any other PatronWorks product or service names, logos or slogans that may appear on PatronWorks Service are trademarks of PatronWorks, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing "PatronWorks" or any other name, trademark or product or service name of PatronWorks without our prior written permission.
- Copyright: All copyrighted and copyrightable materials on PatronWorks Service, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound, and other files, and the selection, compilation and arrangement thereof are ALL RIGHTS RESERVED Copyright © [Current Year] PatronWorks and/or its licensors.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of PatronWorks Service, use of PatronWorks Service, or access to PatronWorks Service. This prohibition includes duplicating, copying or any form of reproduction or distribution of any material on PatronWorks Service protected by copyright without express written permission from PatronWorks.
Any feedback, comments, or suggestions you may provide regarding PatronWorks Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Violation of these intellectual property rights may result in severe civil and criminal penalties.
7. DATA OWNERSHIP AND RIGHTS
- User Data: As a user of PatronWorks Service, you may input, upload, or store data into the PatronWorks Service ("User Data"). You retain all rights and ownership in your User Data. These Terms do not grant us any rights to User Data, except for the limited rights that enable us to provide, improve, promote, and protect the Service as described herein.
- Limited License to User Data: You grant PatronWorks a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your User Data, but only for the limited purposes of providing the Service to you and as otherwise permitted by PatronWorks' privacy policies and applicable privacy laws. This license for such limited purposes continues even after you stop using PatronWorks Service.
- Data Protection: We are committed to maintaining the privacy and integrity of User Data. We implement appropriate technical and organizational measures to protect User Data against unauthorized or unlawful access, usage, and disclosure.
- Data Accuracy: You are responsible for the accuracy and quality of the User Data you provide to us. You confirm that you have all necessary rights and consents to provide the User Data to us and to grant us the rights set out in these Terms.
- Data Processing: By using the PatronWorks Service, you authorize PatronWorks to process your data in accordance with our Privacy Policy, which outlines our practices towards handling any personal data that you may provide to us.
- Data Deletion: Upon termination of your account, we will take steps to delete your User Data in accordance with our standard backup and retention policy, subject to any legal obligations or regulatory requirements to retain such information.
If you have any concerns about your data and your privacy, please review our Privacy Policy or contact us at legal@patronworks.com.
8. TERMINATION
We reserve the right, in our sole discretion, to terminate or suspend your access to PatronWorks Service, or any part thereof, at any time, for any reason, with or without prior notice to you. Reasons for termination may include, but are not limited to, your breach of these Terms, non-payment of fees, a request by you to delete your account, discontinuance, or material modification to PatronWorks Service, unexpected technical or security issues or problems, or compliance with applicable laws, regulations, and/or requests from governmental entities.
In the event of termination, your account and all related information and files in your account, as well as your access to use PatronWorks Service, will be deactivated. You also agree that we will not be liable to you or any third party for any termination of your access to PatronWorks Service.
In addition to our right to terminate, you also have the right to terminate your use of PatronWorks Service at any time. You may do this by ceasing to use PatronWorks Service and, if applicable, canceling your account.
Please note that upon termination, certain obligations will survive, including, but not limited to, your payment obligations, and our rights to use and disclose your feedback.
The provisions of these Terms, which by their nature should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- User Data: As a user of PatronWorks Service, you may input, upload, or store data into the PatronWorks Service ("User Data"). You retain all rights and ownership in your User Data. These Terms do not grant us any rights to User Data, except for the limited rights that enable us to provide, improve, promote, and protect the Service as described herein.
- Disclaimer of Warranties: PatronWorks Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither PatronWorks nor any person associated with PatronWorks makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of PatronWorks Service. Without limiting the foregoing, neither PatronWorks nor anyone associated with PatronWorks represents or warrants that PatronWorks Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that PatronWorks Service will otherwise meet your needs or expectations.
- Limitation of Liability: To the maximum extent permitted by law, in no event will PatronWorks, its affiliates, licensors, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, PatronWorks Service, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
- Indemnification:You agree to defend, indemnify and hold harmless PatronWorks, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to PatronWorks Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of PatronWorks Service.
By using PatronWorks Service, you agree to the aforementioned disclaimer of warranties and limitation of liability and understand that these conditions are essential elements of these Terms and were a fundamental basis of the bargain between PatronWorks and you.
10. GOVERNING LAW, DISPUTE RESOLUTION, AND ARBITRATION
- Governing Law: These Terms, the relationship between you and PatronWorks, and any disputes arising out of or in connection with it, will be governed, controlled, interpreted, and defined by and under the laws of the state of Florida, United States, without giving effect to any conflicts of laws principles that require the application of the law of a different state or jurisdiction. This is the case regardless of whether you reside or transact business with PatronWorks in Florida or elsewhere.
- Agreement to Arbitrate: You and PatronWorks agree that any disputes, claims, or controversies arising out of or relating to these Terms, the Service, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, will be settled by binding arbitration, after exhausting applicable notice and cure provisions, if any. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute, you and PatronWorks agree that the arbitrator will decide that issue.
- Arbitration Procedure: The arbitration will be conducted by a single arbitrator, under the rules of the American Arbitration Association ("AAA") as per the then-applicable AAA Commercial Arbitration Rules, Supplementary Procedures for Consumer-Related Disputes.
- Arbitration Location: Unless you and PatronWorks agree otherwise, the arbitration will take place in Hillsborough County, Florida, United States. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.
- Waiver of Jury Trial and Class Actions: YOU AND PATRONWORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PatronWorks agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void.
- Service of Process: All claims, legal proceedings or litigation arising in connection with PatronWorks Service will be brought solely in the federal or state courts located in Hillsborough County, Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
These Terms and your use of the PatronWorks Service do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and PatronWorks.
11. CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. While we will try to provide at least 30 days' notice prior to any new terms taking effect, we do not guarantee this timeframe for all changes.
- Notification: Changes to these Terms will be communicated via PatronWorks or by sending an email to the last email address you provided to us. Therefore, it's important that you keep your contact information and preferences up to date. The revised Terms will become effective from the date of posting on PatronWorks or from the date communicated in the email or in PatronWorks Service, unless otherwise stated. Your continued use of PatronWorks after the effective date of a revised version of these Terms constitutes your acceptance of its terms.
- Acceptance: If you disagree with any of the changes to these Terms, you should stop using PatronWorks and, if applicable, deactivate your account.
- Entire Agreement: These Terms, along with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between PatronWorks and you, superseding any prior agreements (including, but not limited to, any prior versions of the Terms). Any and all other promises, representations, warranties, agreements, or conditions, whether oral or written, relating to the use of PatronWorks Service not embodied herein shall be of no force or effect.
Please review these Terms periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access, or continue to access PatronWorks Service.
12. CONTACT US
If you have any questions or concerns about these Terms, or if you need further clarification, please don't hesitate to get in touch with us at the following email address: legal@patronworks.com.
These Terms constitute the entire and exclusive understanding and agreement between you and PatronWorks regarding your use of and access to PatronWorks Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and PatronWorks regarding your use of PatronWorks Service.
Please note that if any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalidated part will be interpreted to reflect, as far as possible, the original intentions of the parties, and the remaining parts will remain in full force and effect.
By using PatronWorks, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use PatronWorks. We recommend that you print a copy of these Terms for future reference.
Remember, your use of PatronWorks Service represents your agreement to these Terms and Conditions. If you disagree with any part of these Terms and Conditions, please discontinue use of PatronWorks Service immediately.