Effective as of October 28, 2025
These Terms & Conditions (the “Terms”) are entered into between:
PayPOS LLC, a Delaware limited liability company, EIN 37-2166256, with an address at 1111B S Governors Ave, STE 26217, Dover, DE 19904, USA (the “PayPOS”, “Provider”, “we”, or “us”). PayPOS® is a registered trademark in the United States and Europe. PATENT PENDING.
The Merchant (a business customer) subscribing to and using the Services (the “Merchant”, “you”).
These Terms govern your access to and use of the PayPOS platform, including the Android application and related SaaS services (the “Services”). These Terms apply on a business-to-business (B2B) basis only.
By creating an account, clicking to accept, accessing, or using the Services, you agree to be bound by these Terms. If you accept on behalf of an entity, you represent you have authority to bind that entity.
PayPOS provides an Android-based payment acceptance and payment initiation platform that enables in-person and remote payment flows across multiple rails and channels, subject to availability and partner eligibility.
You authorize PayPOS (and/or its authorized billing providers) to charge your chosen payment method(s) for all amounts due, including recurring subscription fees, usage-based fees, and any past-due amounts.
If you add or remove devices mid-cycle, charges may be prorated or applied on the next invoice depending on your plan.
Fees are exclusive of all applicable taxes, duties, levies, or similar governmental assessments (including sales, use, VAT, GST, withholding), except where expressly stated. You are responsible for all applicable taxes associated with your use of the Services, except taxes on PayPOS’ net income.
If withholding is required by law, you will gross up payments so PayPOS receives the full amount invoiced, unless prohibited by law.
PayPOS may conduct business verification (KYB) and request documentation. Approval timelines can vary based on risk, industry, payment partner requirements, and information provided.
For security and compliance reasons, each PayPOS instance is tied to a unique device identifier. Copying, cloning, or running the same account on unauthorized devices is prohibited. PayPOS may block suspicious instances and notify the account owner.
You must maintain valid billing details at all times. If a payment method fails, you authorize PayPOS to re-attempt charges, or to charge a backup method if available.
Your account becomes active upon approval (where applicable) and remains active until terminated by you or PayPOS.
Unless otherwise stated in an Order Form, subscriptions are month-to-month. You can cancel device subscriptions from your admin dashboard. Cancellation is effective at the end of the current billing month, and access may be limited sooner depending on risk controls and compliance requirements.
PayPOS may suspend or restrict the Services immediately if: (a) you breach these Terms; (b) fees are unpaid; (c) PayPOS reasonably suspects fraud, prohibited activity, security compromise, or violations of partner/network rules; or (d) required by law, regulators, payment partners, or network rules.
PayPOS may terminate these Terms for cause with immediate effect if you materially breach these Terms and fail to cure within 10 days of notice, or immediately if the breach is not curable (including fraud, prohibited activity, or security compromise).
Support email: support@paypos.org. Support hours and any premium support options may be described in your plan or dashboard.
SLA: target annual availability of 99.95%. Planned maintenance may occur with reasonable notice. The SLA is a service objective, not a guarantee of uninterrupted service.
Subject to your compliance with these Terms, PayPOS grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your internal business purposes and strictly in accordance with these Terms.
You acknowledge and agree that all elements of the Services, including without limitation software, applications, APIs, source code, object code, system architectures, workflows, algorithms, data models, user interfaces, trademarks, trade names, logos, databases, documentation, and all textual or graphical content (collectively, the “PayPOS Materials”), are and shall remain the exclusive property of PayPOS LLC and/or its licensors.
The PayPOS Materials are protected by United States and international intellectual property laws, including copyright, trademark, trade secret, and patent laws. Certain PayPOS technologies and technical implementations are subject to pending patent applications (patent pending).
No ownership rights or licenses are granted to you under these Terms, whether by implication, estoppel, or otherwise, except for the limited right to use the Services expressly set forth herein.
Except as expressly authorized in writing by PayPOS LLC, you shall not, and shall not permit any third party to:
In addition to intellectual property protections, certain aspects of the Services constitute trade secrets under the Defend Trade Secrets Act (18 U.S.C. § 1836) and applicable state laws, including non-public system architectures, processing logic, security mechanisms, implementation choices, and proprietary methodologies. Any unauthorized acquisition, use, or disclosure of such trade secrets is strictly prohibited.
Any use of the Services or PayPOS Materials that unfairly exploits PayPOS LLC’s investments, know-how, or proprietary technologies may constitute unfair competition or misappropriation under applicable law.
Any violation of this Section may constitute infringement or misappropriation and may give rise to civil and/or criminal liability. PayPOS LLC reserves the right to seek any and all remedies available at law or in equity, including injunctive relief, damages, statutory damages, attorneys’ fees, and other appropriate relief.
You agree not to use the Services for any unlawful, harmful, or prohibited activity, and you will comply with applicable laws, payment partner requirements, and card/network rules.
Each party will protect the other party’s Confidential Information and use it only to perform under these Terms. Confidentiality obligations continue during the term and for two (2) years after termination.
Confidential Information excludes information that is public, previously known, lawfully received from a third party, or independently developed.
PayPOS processes data in accordance with its Privacy Policy and applicable laws. Data for US Merchants may be hosted in the United States. If PayPOS processes personal data on your behalf, a Data Processing Addendum (DPA) may apply.
You are responsible for (a) providing required privacy notices to your customers, (b) obtaining required consents, and (c) complying with laws applicable to your business.
You will secure your devices, credentials, and user access. You must promptly notify PayPOS of any suspected compromise or incident.
Upon termination or deletion, PayPOS will provide data export access for 30 days unless legally prohibited or otherwise agreed in writing. After that, data may be deleted or archived according to legal, compliance, and operational requirements.
PayPOS may retain limited records for compliance, disputes, billing, and legal obligations.
PayPOS may maintain technical logs for security and traceability. Unless otherwise required, logs may be retained on a rolling basis between 6 months and 1 year, and longer where justified (e.g., disputes or post-incident analysis).
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYPOS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PayPOS provides software and related technical services. PayPOS is not a bank and does not hold customer funds. Financial transactions are executed by authorized payment service providers and partners, as applicable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PAYPOS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYPOS’ TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO PAYPOS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations; in that case, liability will be limited to the maximum extent permitted.
You will defend, indemnify, and hold harmless PayPOS, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, penalties, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services in violation of these Terms or applicable law; (b) your products/services, marketing, customer disputes, refunds/chargebacks; (c) your breach of representations or obligations; or (d) fraud, misuse, or prohibited activity attributable to you or your users.
You represent that you and your users are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive sanctions, and are not a blocked or restricted party.
You will not use the Services in violation of applicable export control or sanctions laws, including by exporting, re-exporting, or transferring the Services to prohibited destinations or persons.
If you believe that content or materials made available through the Services infringe a copyright you own or control, you may submit a written notice under the Digital Millennium Copyright Act (“DMCA”). Your notice must include:
Send DMCA notices to PayPOS’ designated agent:
Please include “DMCA Notice” in the subject line. Submitting false or misleading notices may result in liability.
If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification. Your counter-notification must include:
PayPOS may, in appropriate circumstances and at its discretion, disable or terminate accounts or access for users who are repeat infringers or who repeatedly submit infringing material.
For claims involving trademarks, patents, trade secrets, unfair competition, misappropriation, or other non-copyright intellectual property, please send a notice to legal@paypos.org including:
PayPOS may request additional information, may remove or disable access to material where appropriate, and may take any other action consistent with applicable law, these Terms, and the rights of third parties.
PayPOS reserves the right to (i) remove or disable access to any content or materials alleged to be infringing, (ii) suspend or terminate accounts as permitted by these Terms, and (iii) preserve and share information as required by law, court order, or valid legal process.
Before initiating arbitration, the parties will try in good faith to resolve any dispute informally. You agree to contact PayPOS at legal@paypos.org with a short description of the dispute and your requested resolution. If not resolved within 30 days, either party may proceed as set forth below.
EXCEPT AS EXPRESSLY SET FORTH BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION.
The arbitration will be conducted in English, on an individual basis, and administered by a reputable arbitration provider selected by PayPOS (e.g., AAA or JAMS) under its applicable commercial rules, unless the parties agree otherwise. The seat (legal place) of arbitration will be Delaware, and hearings may be conducted remotely unless the arbitrator requires otherwise.
YOU AND PAYPOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PAYPOS WAIVE ANY RIGHT TO A JURY TRIAL.
PayPOS may update these Terms and/or fees with 30 days’ notice by email and/or in-product notice. Continued use after the effective date constitutes acceptance.
Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, war, epidemics, major network outages, large-scale cyber incidents, or government actions.
PayPOS may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign without PayPOS’ prior written consent. PayPOS may use subcontractors and payment partners to provide the Services.
You consent to receive notices and communications electronically (email, dashboard notifications, banners, message center). You agree that electronic records and signatures may have the same legal effect as handwritten signatures where permitted.
Notices to PayPOS: legal@paypos.org (legal), hello@paypos.org (general), support@paypos.org (support). Notices to you: the admin email and/or address provided in your Merchant account.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. To the extent a dispute is permitted to be brought in court (including for injunctive relief), it will be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue there.
© PAYPOS LLC – All rights reserved. Last updated: 10/31/2025.