Terms of Service
Clear and Fair Terms

1. Introduction and Acceptance

These Terms constitute a legally binding agreement between Posable Ltd ("POSable", "we", "us", "our") and the subscribing business entity or self-employed individual ("you", "your"). By registering for, accessing, or using the Service you confirm that:

• This agreement is strictly business-to-business regardless of your business structure (limited company, partnership, sole trader, or self-employed).
• You have read, understood, and agree to be bound by these Terms.
• You have the legal authority to enter into this contract on behalf of your business.
• These Terms govern every aspect of your subscription and use of the Service.

If you do not agree to these Terms, you must not register for or use the Service.

2. Eligibility and Registration Requirements

2.1 Legal Age and Capacity

You must be at least 18 years old (or the age of legal majority in your jurisdiction, whichever is greater), have legal capacity to contract, and be a natural person (not a bot or automated system).

2.2 Payment Authorization

You must be the legal owner or an authorized user of the payment method provided and have authority to commit your business financially.

2.3 Account Information

You agree to provide accurate, current, and complete information during registration and to keep it up to date. False identities or impersonation are prohibited.

2.4 Prohibited Registrations

• Automated registrations (bots, scripts, etc.).
• Multiple registrations to obtain more than one free trial.
• Fraudulent or stolen payment information.
• Registration on behalf of suspended or terminated accounts.

3. Subscription Plans and Billing

3.1 Subscription Types

We offer monthly and yearly subscription plans, as described on our website, that grant access to the entire POSable SAAS platform.

3.2 Payment Terms

• Payment in advance: Subscription fees must be paid before the billing period begins.
• Automatic renewal: Plans renew automatically unless cancelled in accordance with Section 9.
• Currency: All prices are quoted in GBP unless stated otherwise.
• Payment methods: We accept the methods listed on our website at the time of subscription.

3.3 Price Changes

We may change subscription pricing with at least 30 days' notice. New pricing takes effect on your next billing cycle. Continued use after the effective date constitutes acceptance.

3.4 Billing Disputes

Billing disputes must be reported within 30 days of the charge. We will investigate bona fide disputes in good faith.

4. Free Trial Period

4.1 Trial Availability

Free trials may be offered at our discretion to allow you to evaluate the Service.

4.2 Trial Limitations

• Only one trial per person/business.
• Trials are provided "AS IS" with no warranties or guarantees.
• No extensions, refunds, or compensation are available.
• Support is provided on a best-effort basis.

4.3 Trial Abuse Prevention

Multiple accounts to gain additional trials are prohibited. Violations will result in immediate billing at the current monthly rate, possible suspension, and liability for subscription fees.

4.4 Trial to Paid Conversion

Unless cancelled before the trial ends, your subscription automatically converts to a paid plan.

5. Refund Policy

5.1 Refund Eligibility

Refunds are only available for unused, prepaid months in full.

5.2 Non-Refundable Circumstances

We do not provide refunds for partially used billing periods, monthly subscriptions already underway, dissatisfaction, inactivity, technical issues on your side, or changes in business circumstances.

5.3 No Credit Accounts

We neither operate credit accounts nor carry forward unused subscription time.

5.4 Exceptions Policy

No exceptions are made to this refund policy.

5.5 Refund Process

Approved refunds are processed to the original payment method within 14–30 business days. You must cancel in accordance with Section 9, and only complete unused months after cancellation qualify.

6. Intellectual Property Rights

6.1 POSable Ownership

We retain exclusive rights to all aspects of the Service, including software, source code, dashboard, applications, graphics, logos, documentation, trademarks, and derivative works.

6.2 Limited License

Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for internal business purposes and to install the Android app on owned devices.

6.3 Prohibited Actions

You agree not to reverse engineer, decompile, disable licensing, copy, rent, sublicense, distribute, or use the Service to develop competing products, nor remove proprietary notices.

6.4 Unlicensed Use

Unlicensed use—including post-termination access, unauthorized devices or users, or bypassing licensing—constitutes infringement and may result in termination and legal action.

7. Client Content and Data

7.1 Ownership

You retain ownership of all Client Content uploaded or stored within the Service.

7.2 Client Content License to POSable

By using the Service, you grant POSable a limited, worldwide, non-exclusive license to:

• Host, store, and backup your Client Content
• Process and display your Client Content as necessary to provide the Service
• Make temporary copies of Client Content for caching and performance purposes
• Aggregate and anonymize Client Content with data from other users for the purposes described in Section 7.8

This license terminates when you delete your Client Content or terminate your account, subject to Section 7.7, except for aggregated and anonymized data which, once anonymized, is no longer identifiable to you and may continue to be used as described in Section 7.8.

7.3 Client Responsibilities

You are solely responsible for the legality, rights, accuracy, and acquisition of Client Content.

7.4 Content Screening

We do not proactively screen or endorse Client Content.

7.5 Right to Remove Content

We may remove or access content to comply with law, enforce these Terms, address security risks, or satisfy data protection requirements.

7.6 Prohibited Content

Content must not be illegal, infringing, malicious, or violate privacy or other rights.

7.7 Data Retention After Cancellation

Data may be retained for up to 90 days post-cancellation (unless earlier deletion requested). Billing data is retained for 6 years (UK) or 10 years (EU). Immediate deletion must be requested at cancellation.

7.8 Aggregated and Anonymized Data

7.8.1 Our Rights to Aggregated Data

POSable may aggregate and anonymize Client Content and usage data across all users of the Service. Once data is aggregated and anonymized such that it cannot identify you, your business, or any individual:

• It is no longer considered your Client Content
• You have no ownership rights or claims to the aggregated data
• POSable retains all rights to use, analyze, and commercially exploit such aggregated data

7.8.2 Permitted Uses

We may use aggregated and anonymized data to:

• Improve the Service and develop new features
• Generate industry benchmarks and trend reports
• Conduct research and statistical analysis
• Create and publish anonymized insights, reports, or case studies
• Optimize Service performance and user experience
• Develop new products and services

7.8.3 Anonymization Standards

When aggregating data:

• All personally identifiable information is removed
• Individual businesses and persons cannot be identified
• Data is combined across multiple users to prevent reverse identification
• We implement technical safeguards to ensure anonymization is effective and irreversible

7.8.4 Examples of Aggregated Data

Aggregated data may include:

• Average transaction values across specific retail sectors
• Product category trends and seasonal patterns
• Feature usage statistics across all users
• Performance benchmarks for different business sizes or types
• Industry-wide adoption rates for specific functionalities
• Anonymized loyalty program engagement metrics

7.8.5 No Opt-Out

You acknowledge and agree that:

• Use of aggregated and anonymized data is a core component of the Service
• You cannot opt out of this aggregation while using the Service
• Once data is anonymized, it is no longer subject to data protection regulations
• This data usage is essential for us to provide and improve the Service

7.8.6 Transparency Commitment

While aggregated data cannot identify you:

• We will not intentionally attempt to re-identify anonymized data
• We will not sell or share raw, identifiable Client Content with third parties for their marketing purposes
• We will maintain reasonable security measures to protect data during the aggregation process

8. Account Access and Security

8.1 Credentials

You must maintain confidentiality of account credentials and are responsible for all activity under your account.

8.2 Unauthorized Access

Report suspected unauthorized access immediately and cooperate with investigations.

8.3 Data Access Responsibility

You control user permissions and must comply with applicable data protection laws.

8.4 Non-Transferability

Accounts are non-transferable. Billing contacts within the same business may change, but transferring to another entity is prohibited.

9. Cancellation and Termination

9.1 Cancellation by Client

Cancel via the billing section of your dashboard (Account Dashboard → Billing → Cancel Subscription). This is the only accepted method.

9.2 Prohibited Cancellation Methods

Requests via email, phone, social media, chat, or postal mail are invalid and will not stop billing.

9.3 Effective Date

Cancellations take effect at the end of the current paid period; no refunds for the remainder.

9.4 Termination by POSable

We may suspend or terminate immediately for breach, fraud, illegal use, security risks, payment failure, or trial abuse.

9.5 Effects of Termination

Access ceases immediately, data handled per Section 7.7, and outstanding fees remain due. Relevant provisions survive termination.

10. Updates and Modifications to the Service

10.1 Service Updates

We may release updates, modify features, or change technical requirements at any time.

10.2 Automatic Coverage

All updates and modifications fall under these Terms (and any applicable additional terms) upon release.

10.3 No Obligation to Update

We are not obligated to maintain or deliver specific features; discontinued features may occur without notice.

10.4 Update Notifications

We may give notice of significant updates, but are not required to do so.

11. Modifications to These Terms

11.1 Right to Modify

We may modify these Terms at any time for legal, business, or clarity reasons.

11.2 Notice of Changes

We will update the "Last Updated" date and make reasonable efforts to notify you via email, in-app, or dashboard notices, though advance notice is not guaranteed.

11.3 Acceptance of Updated Terms

Continued use after modifications constitutes acceptance. You are responsible for reviewing updates.

11.4 Disagreement with Updated Terms

If you disagree, cancel per Section 9 and cease using the Service. Continued use equals acceptance.

12. Support Services

12.1 Support Channels

Support is available via the channels listed on our website (e.g., live chat, email).

12.2 Availability

Support hours are as published and subject to change. Support is in English only.

12.3 Scope

Support covers account/billing assistance, feature guidance, troubleshooting, and incident reporting.

12.4 Limitations

Support excludes custom development, third-party software training, issues caused by your hardware or connectivity, data recovery, and requests outside support hours.

12.5 Standards

We aim to respond promptly but do not guarantee resolution times or outcomes.

13. Service Availability and Limitations of Liability

13.1 Availability

The Service is provided "AS IS" and "AS AVAILABLE" without guarantee of uninterrupted or error-free operation.

13.2 Infrastructure Limitations

Service depends on third-party providers (ISPs, data centers, cloud platforms, APIs, etc.).

13.3 Service Disruptions

Disruptions may result from connectivity issues, outages, attacks, hardware failures, natural disasters, maintenance, bugs, or network congestion.

13.4 No Liability for Disruptions

We are not liable for disruptions outside our control, business losses from downtime, or consequential damages.

13.5 Scheduled Maintenance

Maintenance may occur with or without notice. We endeavor to schedule outside peak hours.

13.6 Your Responsibility

You must maintain backups and redundancy for mission-critical operations.

14. Data Protection and GDPR Compliance

14.1 Commitment

We comply with UK GDPR, EU GDPR, the UK Data Protection Act 2018, and other applicable legislation.

14.2 Roles

You are the data controller for personal data processed via the Service; POSable acts as a data processor.

14.3 Lawful Basis

Processing bases include contract performance, legitimate interests, and legal obligations.

14.4 Data Subject Rights

We assist you in responding to data subject rights (access, rectification, erasure, restriction, portability, objection, automated decision-making). You are responsible for fulfilling requests.

14.5 Security Measures

We implement encryption, security assessments, access controls, training, and incident response procedures.

14.6 Breach Notification

We will notify you without undue delay of personal data breaches. You must handle supervisory authority and data subject notifications.

14.7 Retention

Client data is retained during the subscription and up to 90 days post-cancellation (unless earlier deletion requested). Billing data retained for legal periods (6 or 10 years).

14.8 International Transfers

Transfers outside the UK/EU use appropriate safeguards (e.g., Standard Contractual Clauses, adequacy decisions).

14.9 Your Obligations

You must ensure lawful processing bases, provide notices, obtain consents where required, maintain security, respond to requests, and notify authorities when necessary.

14.10 Data Processing Agreement

A Data Processing Agreement is available upon request.

14.11 Privacy Policy

Refer to our Privacy Policy for details on how we process your personal data.

14.12 Loyalty Scheme and Customer Analytics

If you use the Service to operate customer loyalty schemes or similar programs:

• You must inform your customers in your privacy policy that their purchase history, loyalty points earned and redeemed, and related transaction data will be processed for business analytics and scheme administration
• Your lawful basis is typically "legitimate interests" (Article 6(1)(f) GDPR) for operating your business effectively and "performance of contract" for fulfilling the loyalty program
• You remain the data controller for all customer data and are responsible for compliance with all applicable data protection laws
• Customers must be informed of their rights to access, rectify, or request deletion of their personal data subject to your legitimate retention requirements

15. Warranties and Disclaimers

15.1 Service Warranties Disclaimer

The Service is provided without express or implied warranties, including merchantability, fitness for purpose, title, non-infringement, or uninterrupted operation.

15.2 No Guarantee of Results

We do not guarantee that the Service will meet your specific requirements, be compatible with all environments, or yield particular outcomes.

15.3 Third-Party Services

We disclaim all warranties regarding third-party services, APIs, integrations, or infrastructure.

15.4 Your Responsibility to Evaluate

You are responsible for evaluating the Service and bear all associated risks.

16. Limitation of Liability

16.1 Exclusion of Damages

We are not liable for indirect, incidental, consequential, punitive, or special damages, including lost profits, data loss, business interruption, or reliance damages.

16.2 Liability Cap

Our total liability is capped at the greater of (a) the amount you paid in the 12 months prior to the event or (b) £100.

16.3 Service Disruption Liability

We are not liable for disruptions caused by third parties or factors beyond our control.

16.4 Application of Limitations

These limitations apply regardless of legal theory and even if remedies fail their essential purpose.

16.5 Legal Exceptions

Limitations do not apply where prohibited by law, including liability for death/personal injury due to negligence or fraud.

17. Indemnification

17.1 Your Obligations

You will indemnify and hold POSable harmless from claims, liabilities, damages, costs, and fees arising from your use of the Service, breach of these Terms, violation of law, Client Content, data protection failures, or credential misuse.

17.2 Defense of Claims

We may assume exclusive defense of indemnified matters, and you must cooperate. No settlement without our written consent.

17.3 Notice

You must notify us promptly of indemnifiable claims; failure to do so may relieve us of obligations.

18. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, war, government actions, outages, attacks, labor disputes). Obligations are suspended for the duration of the event.

19. Entire Agreement and Severability

19.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, form the entire agreement and supersede prior understandings.

19.2 Severability

If any provision is invalid or unenforceable, the remainder remains in effect. The invalid provision will be modified to achieve its intent within legal limits.

20. Waiver

Failure to enforce any provision is not a waiver unless confirmed in writing. A waiver of one provision does not waive others.

21. Assignment

21.1 Your Restrictions

You may not assign or transfer rights or obligations without our written consent. Unauthorized assignments are void.

21.2 Our Rights

We may assign these Terms to affiliates or in connection with mergers, acquisitions, reorganizations, or asset sales without your consent.

22. Relationship of the Parties

The parties are independent contractors. These Terms do not create partnership, joint venture, employment, agency, or franchise relationships, and neither party may bind the other.

23. Third-Party Rights

No third party has rights under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

24. Notices

24.1 Notices to You

We may send notices via email, dashboard messages, in-app notifications, or by posting on our website. Electronic notices satisfy legal writing requirements.

24.2 Notices to POSable

Send notices to:

POSable Ltd
5 Beach Road
Perranporth
Cornwall
TR6 0JL
United Kingdom
Email: tos@posable.co.uk
Website: www.posable.co.uk

Notices are deemed received when acknowledged by us.

25. Governing Law and Jurisdiction

25.1 Governing Law

These Terms are governed by the laws of England and Wales.

25.2 Jurisdiction

Except as provided in Section 25.3, disputes are subject to the exclusive jurisdiction of the courts of England and Wales.

25.3 EU Consumer Rights

Nothing in this section affects statutory rights of EU consumers under applicable law.

26. Dispute Resolution

26.1 Informal Resolution

Contact us first to attempt informal resolution. We will use good faith efforts to resolve disputes amicably.

26.2 Continued Access During Disputes

Unless terminated for cause, you may continue using the Service during dispute resolution provided all fees are paid.

27. Export Control and Sanctions

You warrant that you are not located in embargoed territories, not on restricted party lists, and will comply with all applicable export control and sanctions laws. You may not use the Service if prohibited from receiving UK or EU-origin products.

28. Miscellaneous Provisions

28.1 Headings

Headings are for convenience only.

28.2 Language

These Terms are drafted in English. Translations are for convenience; the English version prevails.

28.3 Survival

Provisions that naturally survive termination (e.g., ownership, disclaimers, indemnity, liability limits, dispute resolution) remain in effect.

28.4 Interpretation

"Including" means "including without limitation"; singular includes plural; section references refer to these Terms; "or" is not exclusive.

30. Acknowledgment and Acceptance

By registering, accessing, or using the Service you acknowledge that you:

• Have read and understood these Terms in full.
• Agree to be bound by the Terms and referenced policies.
• Have authority to contract on behalf of your business.
• Understand this is a business-to-business agreement.
• Accept updates to the Terms through continued use.
• Understand and agree to the refund, billing, data protection, and liability provisions.
• Understand that POSable may aggregate and anonymize your usage and transaction data for service improvement and benchmarking purposes as described in Sections 7.2 and 7.8
• Acknowledge that aggregated and anonymized data cannot identify you or your business and is not subject to the same restrictions as identifiable Client Content
• Agree that POSable retains all rights to aggregated and anonymized data

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

POSable Ltd reserves all rights not expressly granted herein.