1. Acceptance of Terms

By signing up and using the Retasmart, you agree to comply with and be bound by the following terms and conditions (the “Terms”).

As used in these Terms, “we”, “us” and “Retasmart” means the applicable Retasamrt Contracting Party: Retasmart Inc, a California limited liability company, located at 407 W DUARTE ROAD UNIT 3, ARCADIA, CA 91007.

2. Service Description

Retasmart provides a cloud-based Point-of-Sale (POS) service (the “Services”). The Services is designed to facilitate retail transactions, inventory management, digital marketing, customer relationship management and other related functions.

Any new features or tools which are added to the current Services will also be subject to these Terms. For the latest version of the Terms, please refer to https://www.retasmart.com/clause.html

3. Account Activation

An account will be created for each POS terminal and for each location (the “User Account”), with the corresponding full legal name, current address, phone number, and a valid email address. You may create multiple User Accounts and an unique account ID will be assigned to each account. The person signing up for each User Account (the “User”) will be the person authorized to use any corresponding User Account in connection with the Service. You are responsible for ensuring that the name, identity of each User (including the legal name of the company that owns the User Account, if applicable) is accurate.

You must have a valid User Account to access and use the Services. We may reject your application for an User Account, or cancel an existing User Account, for any reason, at our sole discretion.

4. Software License

Upon purchase, the User will be granted a non-transferable, non-exclusive limited use license to access and use the Services under these Terms. This license is subject to compliance with these Terms.

5. User Responsibilities

Users are responsible for maintaining the security of their account credentials and ensuring the proper use of any Services. Although our proprietary encryption technology is used in the Services, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee the security of the connection or unauthorized access to or use of data transmitted through the Services.

We strongly encourage you to report any unauthorized use or access to us immediately.

6. Retasmart Rights

We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.

In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc. We retain the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful user. If we are unable to reasonably determine the rightful user, without prejudice to our other rights and remedies, we reserve the right to temporarily disable the account until resolution has been determined between the disputing parties.

7. Data Ownership

Users retain ownership of their data, and we respect your rights with respect to your data.

8. Intellectual Property

You agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your User Accounts to operate, provide, and promote the Services and to perform our obligations and exercise our rights under these Terms. This license will survive any termination of these Terms solely to the extent that we require the license to exercise any rights or perform any obligations that arose during the Term.

You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside the POS terminals, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.

You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.

9. Termination

Retasmart reserves the right to terminate or suspend access to the Services, in part or in whole, for violation of these terms or any applicable laws.

10. Limitation of Liability

We provide the Services “as-is” without any warranties. To the extent permitted by applicable laws, we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services.

11. Governing Law

These Terms shall be governed by and constructed in the laws of California without giving effect to the conflicts of laws provision thereof. Any disputes arising under or relating to these Terms shall be brought and resolved solely and exclusively in the state or federal courts located in California.

12. Changes to Terms

Retasamrt reserves the right to modify these terms and conditions. Users will be notified of changes via email or via updates of the Terms on our website, located at https://www.retasmart.com/clause.html, and continued use of the Services after modifications constitutes acceptance of the updated Terms.