Terms of Service & Payment Agreement

EASYPOINTPOS — TERMS OF SERVICE & PAYMENT AGREEMENT Effective Date: April 23, 2026 AGREEMENT OVERVIEW These Terms of Service and Payment Agreement ("Agreement") constitute a legally binding contract between you ("Customer," "you," or "your") and EasyPointPOS ("Company," "we," "us," or "our"). By creating an account, activating a subscription, using any EasyPointPOS software, hardware, or services, or by clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by this Agreement in full. If you are entering this Agreement on behalf of a business entity, you represent and warrant that you have authority to bind that entity. 1. DESCRIPTION OF SERVICES EasyPointPOS provides cloud-based point-of-sale software, payment processing facilitation, device management tools, customer management features, reporting and analytics, billing portal services, support ticket management, and related hosted tools (collectively, the "Services"). The specific features available to you depend on your selected subscription plan. EasyPointPOS reserves the right to add, modify, or discontinue features with reasonable notice. 2. ACCOUNT REGISTRATION AND ELIGIBILITY To access the Services, you must register for an account and provide accurate, complete, and current information. You must be at least 18 years of age and legally authorized to enter contracts in your jurisdiction. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify EasyPointPOS immediately of any unauthorized use of your account. EasyPointPOS is not liable for any loss or damage arising from your failure to protect your account credentials. 3. SUBSCRIPTION PLANS AND BILLING 3.1 Subscription Fees. EasyPointPOS offers monthly and annual subscription plans. Subscription fees are billed in advance on a recurring basis according to the plan you select at the time of enrollment. 3.2 Additional Devices and Add-Ons. Additional devices, add-on services, and expanded features are billed at the rates disclosed at the time of activation and renew automatically unless cancelled. 3.3 Setup and Onboarding Fees. One-time setup, onboarding, and configuration fees are charged at the beginning of service and are earned upon scheduling of the onboarding session. 3.4 Price Changes. EasyPointPOS may adjust subscription or service pricing with at least 30 days' written notice. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing. 3.5 Taxes. All fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and similar charges imposed by any governmental authority on the Services. 4. PAYMENT AUTHORIZATION AND METHOD 4.1 Authorization. By providing a payment method (credit card, debit card, ACH, or other accepted form), you authorize EasyPointPOS to charge that payment method for all subscription fees, device fees, add-on charges, setup fees, and any other amounts due under this Agreement, including applicable taxes. 4.2 Payment Method. You agree to maintain a valid payment method on file at all times while your account is active. You may update your payment method at any time through the billing portal. 4.3 Failed Payments. If a payment fails, EasyPointPOS may retry the charge up to three times over a period of up to 7 days. If payment is not collected after retries, your account may be suspended or downgraded and access to the Services may be restricted until payment is received. 4.4 Recurring Billing. You acknowledge that your subscription will automatically renew at the end of each billing period at the then-current rate unless you cancel prior to the renewal date in accordance with Section 7. 4.5 Disputed Charges. If you believe a charge was made in error, you must notify EasyPointPOS billing support within 60 days of the charge date. Chargebacks initiated with your bank without first contacting EasyPointPOS may result in account suspension and additional dispute fees. 5. PAYMENT PROCESSING EasyPointPOS facilitates payment processing through third-party payment processors. By using payment processing features, you agree to the terms of the applicable payment processor. EasyPointPOS does not store full card numbers or CVV codes after authorization. Transaction processing fees are set by the payment processor and are non-refundable. EasyPointPOS is not liable for errors, delays, or failures caused by third-party payment processors. 6. REFUND POLICY Refunds are governed by the EasyPointPOS Refund Policy, which is incorporated into this Agreement by reference and available at /refund-policy/. Key terms: monthly subscription fees may be refunded within 7 days of billing if the service was not actively used; annual subscriptions are eligible for a prorated refund of unused months if cancelled within 30 days of the billing date; setup and onboarding fees are non-refundable once work has commenced; payment processing fees are non-refundable. 7. CANCELLATION AND TERMINATION 7.1 Cancellation by Customer. You may cancel your subscription at any time by submitting a written cancellation request through your account portal or by contacting billing support. Cancellation takes effect at the end of the current billing period. You will retain access to the Services until the end of the paid period. 7.2 Termination by EasyPointPOS. EasyPointPOS may suspend or terminate your account immediately upon written notice for: (a) non-payment; (b) material breach of this Agreement; (c) fraudulent activity or misuse of the Services; (d) conduct that poses a security risk or legal liability to EasyPointPOS or its users. 7.3 Effect of Termination. Upon termination, your right to access the Services ceases. EasyPointPOS will retain your data for a reasonable period as required by law or our data retention policy and may delete it thereafter. 8. ACCEPTABLE USE You agree not to: (a) use the Services for any unlawful purpose; (b) attempt to gain unauthorized access to any system or data; (c) interfere with or disrupt the integrity or performance of the Services; (d) reverse engineer, decompile, or disassemble any part of the software; (e) resell, sublicense, or transfer access to the Services without prior written consent; (f) use the Services to process transactions involving prohibited goods or services. 9. INTELLECTUAL PROPERTY EasyPointPOS and its licensors retain all right, title, and interest in the Services, including all software, content, trademarks, and proprietary technology. This Agreement grants you a limited, non-exclusive, non-transferable license to use the Services solely for your internal business operations during the term of your subscription. Nothing in this Agreement transfers any ownership rights to you. 10. CONFIDENTIALITY Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party or that is independently developed without use of confidential information. 11. DISCLAIMER OF WARRANTIES THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EASYPOINTPOS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. 12. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EASYPOINTPOS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EASYPOINTPOS'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY YOU TO EASYPOINTPOS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. 13. INDEMNIFICATION You agree to indemnify, defend, and hold harmless EasyPointPOS and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of this Agreement; (c) your violation of any applicable law or third-party right; or (d) any transactions processed through your account. 14. GOVERNING LAW AND DISPUTE RESOLUTION This Agreement is governed by the laws of the state or jurisdiction in which EasyPointPOS is incorporated, without regard to conflict of law principles. Any dispute arising from this Agreement shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), with proceedings conducted in English. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction. 15. SMS AND EMAIL COMMUNICATIONS By creating an account and providing your phone number, you consent to receive SMS text messages from EasyPointPOS. These messages are transactional and include: one-time security codes for password resets and account verification, account security alerts, billing notifications, and account activity notifications. Message frequency varies based on account activity. Message and data rates may apply depending on your mobile carrier and plan. To opt out of SMS messages, reply STOP to any message. To request help, reply HELP. Opting out of transactional security messages (such as password reset codes) may limit your ability to access your account. By creating an account and providing your email address, you consent to receive transactional emails from EasyPointPOS. These emails include account registration confirmations, password reset instructions, billing receipts, subscription updates, and service activity notifications. You may manage email notification preferences in your account settings. EasyPointPOS does not sell or share your phone number or email address with third parties for marketing purposes. 16. MODIFICATIONS TO THIS AGREEMENT EasyPointPOS reserves the right to update this Agreement at any time. We will notify you of material changes by email or by posting a notice in your account portal at least 14 days before the changes take effect. Continued use of the Services after the effective date of any modification constitutes your acceptance of the updated Agreement. If you do not agree to the modified terms, you must cancel your account before the effective date. 17. GENERAL PROVISIONS 17.1 Entire Agreement. This Agreement, together with the Refund Policy and any order forms or service addenda, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations, and understandings. 17.2 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 17.3 Waiver. Failure to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision. 17.4 Assignment. You may not assign your rights or obligations under this Agreement without the prior written consent of EasyPointPOS. EasyPointPOS may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets. 17.5 Force Majeure. Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, governmental actions, power failures, or internet disruptions. Privacy Policy Effective Date: April 23, 2026 INFORMATION WE COLLECT EasyPointPOS collects the following categories of information to provide and improve the Services: Account and Identity Information: name, email address, phone number, username, and password credentials. Business Information: business name, address, tax identification numbers, and industry type provided during onboarding. Billing and Payment Information: payment method details (processed and tokenized by our payment processor; we do not store full card numbers or CVV codes after authorization), billing address, subscription history, and invoice records. Device and Usage Information: device identifiers, IP addresses, browser type, operating system, pages visited, features used, and session logs. Support and Communications: messages, attachments, and records from support tickets, live chat sessions, and email or SMS correspondence. Transaction Data: point-of-sale transaction records, amounts, items, and related business data processed through the Services. HOW WE USE YOUR INFORMATION We use the information we collect to: process account registration and onboarding; manage subscriptions and billing; facilitate payment processing and fraud prevention; provide and improve the Services; deliver customer support; send transactional communications (receipts, alerts, security codes); meet legal, tax, and regulatory obligations; and analyze usage to improve product features and performance. We do not use your data for targeted advertising or sell your personal information to third parties. HOW WE SHARE YOUR INFORMATION We may share your information with: payment processors and banking partners to process transactions; cloud infrastructure providers that host our platform; identity verification and fraud prevention services; customer support and communication tools used to operate the Services; legal, compliance, and professional advisors when required; and government authorities when required by law or valid legal process. All third-party service providers are required to handle your information in accordance with applicable privacy laws and our data processing agreements. DATA RETENTION We retain your information for as long as necessary to provide the Services, comply with legal and tax obligations, resolve disputes, and enforce our agreements. Account data is typically retained for a minimum of 7 years following account closure to meet accounting and legal requirements. You may request deletion of your personal information subject to these retention obligations by contacting support. DATA SECURITY EasyPointPOS employs administrative, technical, and physical safeguards designed to protect your information against unauthorized access, disclosure, alteration, or destruction. These include encryption in transit and at rest, access controls, regular security assessments, and staff training. No method of transmission or storage is completely secure; we cannot guarantee absolute security but are committed to industry-standard best practices. YOUR RIGHTS AND CHOICES Subject to applicable law, you have the right to: access the personal information we hold about you; request correction of inaccurate information; request deletion of your information (subject to legal retention requirements); object to or restrict certain processing; and receive a portable copy of your data. To exercise these rights, contact our support team through your account portal or at the billing support email address. We will respond within 30 days. COOKIES AND TRACKING Our web platform uses cookies and similar technologies to maintain session state, remember your preferences, and analyze service usage. You may disable cookies through your browser settings; however, some features of the Services may not function correctly without them. CHILDREN'S PRIVACY The Services are intended for use by businesses and individuals aged 18 and over. We do not knowingly collect personal information from individuals under the age of 18. CHANGES TO THIS PRIVACY POLICY We may update this Privacy Policy from time to time. We will notify you of material changes by email or through a notice in your account. Continued use of the Services following the effective date of any changes constitutes your acceptance of the updated policy. CONTACT For questions about this Agreement or our Privacy Policy, please contact EasyPointPOS support through your account portal or at our billing support email address.