BizFlowy Terminal Terms

By using BizFlowy’s Terminal Service (as defined below), or by signing or clicking accept to any Subscription Documentation referencing these terms, you agree to be bound by the following terms and conditions (the “Terminal Terms”).

These Terminal Terms incorporate by reference the BizFlowy Terms of Service and BizFlowy Payments Service Terms, as may be updated from time to time. Capitalized terms used herein without a definition have the same meanings as defined in the BizFlowy Terms of Service and/or BizFlowy Payments Service Terms. For the avoidance of doubt, all references to the “Agreement” will include these Terminal Terms. In the event of any conflict or inconsistency between these Terminal Terms and the BizFlowy Terms of Service, these Terminal Terms will govern solely with respect to the Terminal Services.

1. DEFINITIONS

1.1 Terminal Product(s) (or “Card Reader(s)”):
Means the physical point-of-sale device and any related hardware and accessories provided or made available by BizFlowy. Any software and/or firmware preinstalled on or distributed with the Terminal Products (“Software”) forms an integral part of the Terminal Products.

1.2 Terminal Transaction:
Means a Transaction initiated by the Client via the Terminal Services.

1.3 Terminal Services Territory:
Means the United States of America.

2. TERMINAL SERVICES

2.1 Overview:
BizFlowy’s Terminal Services enable you to accept various forms of payment and complete Terminal Transactions with your Customers using the Terminal Products (“Terminal Services”).

2.2 Use Conditions:
The use of the Terminal Services is subject to:

• The BizFlowy Terms of Service, BizFlowy Payments Service Terms, your PPSP Agreement, and any additional terms set forth in the applicable Subscription Documentation;
  
• Use in conjunction with the Terminal Products and other BizFlowy Services; and
  
• Availability only within the Terminal Services Territory.
  

2.3 Restrictions:
You will not, and will not permit any third party to:

• Modify, disassemble, decompile, or reverse engineer any part of the Terminal Services;
  
• Copy or otherwise reproduce, modify, adapt, translate, or create derivative works of the Terminal Services;
  
• Remove, modify, or tamper with any notices or legends on the Terminal Services;
  
• Distribute, sell, lease, assign, sublicense, or transfer the Terminal Services;
  
• Use or attempt to use the Terminal Services outside the Terminal Services Territory; or
  
• Use the Terminal Services in any manner that violates applicable laws, including those relating to financial services, consumer protection, privacy, unfair competition, or false advertising.
  

3. PURCHASE OF THE TERMINAL PRODUCT

3.1 Manufacture and Resale:
Terminal Products are manufactured by third parties and resold by BizFlowy. All features, specifications, and prices of Terminal Products are subject to change at any time. BizFlowy does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, nor that Terminal Products are available for purchase or lease.

3.2 Order Cancellation:
BizFlowy is under no obligation to accept Subscription Documentation for the purchase of Terminal Products and may cancel an accepted Subscription Documentation at any time if unable to fulfill the purchase request. In such cases, BizFlowy will fully refund any pre-paid purchase fees for the Terminal Products.

3.3 Delivery and Title Transfer:

• BizFlowy shall deliver the Terminal Products to the delivery address specified in the Subscription Documentation, at which point risk of loss transfers to you.
  
• BizFlowy will use commercially reasonable efforts to provide an estimated delivery date, which is provided as a good-faith estimate only.
  
• Title to each Terminal Product transfers to you upon the later of (a) your payment of all applicable purchase fees, and (b) delivery of the Terminal Product in accordance with these Terminal Terms.
  

3.4 Returns:

• You may return a Terminal Product within 21 days of purchase, provided it is in its original packaging and condition (including all accessories and components).
  
• To initiate a return, contact BizFlowy at https://www.bizflowy.com/contact-us/.
  
• Upon following our return instructions, BizFlowy will refund the purchase price using the original method of payment.
  
• BizFlowy will not take title of the returned Terminal Product until it arrives at the designated return facility.
  
• Returns may be subject to a restocking fee. You are responsible for ensuring that your return complies with all export and import regulations.
  
• Any duties and taxes recoverable by you will not be charged by BizFlowy or the Payment Service Provider.
  

4. USE OF THE TERMINAL PRODUCTS

4.1 Authorized Use:

• Use of Terminal Products is subject to the BizFlowy Terms of Service, BizFlowy Payments Service Terms, your PPSP Agreement, and any additional terms in the applicable Subscription Documentation.
  
• Terminal Products must be used only in conjunction with the Terminal Services and other BizFlowy Services.
  
• Use is limited to competent, trained employees authorized by you to operate or use Terminal Products, and appropriate security measures must be maintained to safeguard Terminal Products and collected data.
  

4.2 Customer Agreement Amendments:
If your agreements with Customers require amendment to permit use of Terminal Products, such amendments must be made prior to use.

4.3 Prohibited Actions:
You will not, nor allow any third party to:

• Copy, reproduce, republish, upload, post, transmit, resell, or distribute any data, content, or any part of a Terminal Product.
  
• Circumvent technical limitations implemented in a Terminal Product or enable prohibited functionality.
  
• Reverse engineer, decompile, or disassemble a Terminal Product, except as expressly permitted by applicable laws.
  
• Interfere with the normal operation of a Terminal Product or impact its use by other users.
  
• Use Terminal Products for any purposes other than commercial purposes; they must not be used for personal, family, or household use.
  
• Use a Terminal Product in a location other than the registered location without proper re-registration.
  
• Remove, modify, or deface any proprietary notices or marks on Terminal Products.
  
• Use Terminal Products in violation of any applicable laws, including those governing financial services, consumer protection, privacy, or false advertising.
  

5. SOFTWARE TERMS

5.1 EULA:
The Software included with the Terminal Products may be subject to separate license terms (“EULA”). You accept the EULA by using, installing, copying, or otherwise using the Software. If multiple Software products are included, each may have its own EULA. In the event of any conflict between a EULA and these Terminal Terms, the EULA governs solely for the Software to which it applies. If no EULA is provided, BizFlowy grants you a limited, personal license to use the Software only with the Terminal Products on which it was provided, and it shall be deemed part of the Terminal Products for purposes of these Terminal Terms.

5.2 Updates and Maintenance:
You are responsible for installing, integrating, and maintaining the Terminal Products, including any required updates to the Software. BizFlowy may release updates which you must install to continue using the Terminal Products. BizFlowy is not obligated to support outdated versions unless specified otherwise.

6. OWNERSHIP AND RIGHTS

These Terminal Terms do not grant you any rights or licenses in the Terminal Services, Terminal Products, or Software other than those expressly provided herein. BizFlowy retains all right, title, and interest, including all intellectual property rights, in and to the Terminal Services, Terminal Products, and Software. All rights not expressly granted are reserved by BizFlowy.

7. FEES

7.1 Transaction Fees:
In addition to any other Fees due under your Subscription Documentation, you will pay a fee assessed on a per Terminal Transaction basis (“Terminal Transaction Fee”) along with any additional fees for extra features available within the Terminal Services. These fees are payable in accordance with the BizFlowy Terms of Service. Unless otherwise agreed in your Subscription Documentation, the Terminal Transaction Fee and related fees may change at any time, and you will be charged at the then-current rates. You are encouraged to review current rates before using the Terminal Services.

7.2 Purchase Fee:
Unless expressly provided otherwise in your Subscription Documentation, you must pay the purchase fee upon placing an order for Terminal Products. Failure to pay any due amount may result in BizFlowy repossessing the Terminal Products, in addition to any other remedies available.

8. BETA OR PRE-RELEASE VERSIONS

BizFlowy may occasionally provide you with pre-release or beta versions of the Terminal Services and/or Terminal Products (“Pre-release Versions”). Subject to the additional license restrictions set forth in Sections 2 and 3, BizFlowy grants you a limited, non-transferable, non-exclusive, revocable license (without the right to sublicense) to use Pre-release Versions solely for testing and evaluation. All Pre-release Versions are provided “as is” without any warranties, express or implied. You assume the entire risk associated with their performance. BizFlowy reserves the right to adopt any ideas or suggestions you provide regarding Pre-release Versions without compensation.

9. LIMITED HARDWARE WARRANTY AND SUPPORT

9.1 Limited Warranty:
BizFlowy provides a one-year limited warranty for defective materials and workmanship in a Terminal Product. The warranty period commences on the original purchase date and expires one year thereafter. If a claim is submitted during this period within the scope of the warranty and you follow BizFlowy’s return instructions, BizFlowy may, at its option and to the extent permitted by law, either repair, replace, or refund all or part of the Terminal Product’s purchase price. This warranty applies only to unmodified hardware components used in accordance with these Terminal Terms and not subject to damage due to accidents, misuse, or neglect.

9.2 Warranty Administration:
This limited warranty is provided solely by BizFlowy (and not by the Payment Service Provider) and is personal to you. It is non-transferable. You may have additional rights under applicable law, which this limited warranty does not affect. For warranty claims, please contact BizFlowy for instructions on returning the Terminal Product.

10. TERMINAL SERVICES AND TERMINAL PRODUCT DISCLAIMER

THE TERMINAL SERVICES AND TERMINAL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. EXCEPT AS EXPRESSLY STATED IN THESE TERMINAL TERMS, BIZFLOWY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, SATISFACTORY QUALITY, OR NON-INFRINGEMENT. BIZFLOWY DISCLAIMS ANY IMPLIED WARRANTIES REGARDING DATA LOSS, AVAILABILITY, ACCURACY, FUNCTIONALITY, OR SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES THAT CANNOT BE DISCLAIMED WILL LAST FOR ONE YEAR FROM THE DATE YOU RECEIVE A TERMINAL PRODUCT. Use of Terminal Products with other products (e.g., accessories) may result in incompatibilities and is at your own risk.

11. LIMITATIONS ON BIZFLOWY’S LIABILITY

BizFlowy is not responsible for your obligations to your Customers (including accurately describing or delivering goods or services). You are solely responsible for compliance with applicable laws related to your provision of goods or services. This includes customer service, refunds, returns, and any other ancillary services. You agree to indemnify BizFlowy for any losses arising from your failure to properly describe or deliver your goods or services or for any non-compliance with legal or contractual obligations to Payment Service Providers or your Customers.