Privacy Policy and User Agreement for PointCraft Inc.

Effective Date:11/11/2023

Welcome to PointCraft Inc. ("PointCraft," "we," "us," or "our"). This Privacy Policy and User Agreement ("Agreement") governs your access to and use of our Point of Sale (POS) software and payment processing services, including any related websites, applications, or services provided by PointCraft (collectively, the "Services").

By using our Services, you agree to be bound by this Agreement and our Privacy Policy, which is incorporated by reference. If you do not agree with any part of this Agreement or our Privacy Policy, you must not use our Services.

  1. Privacy Policy a. Information We Collect: We collect personal information, such as your name, email address, and payment information, when you use our Services. We also collect information about your use of our Services, including your transactions and interactions with our software. b. Use of Information: We use your information to provide and improve our Services, process payments, communicate with you, and comply with legal obligations. We may also use your information for marketing purposes, subject to your consent where required by law. c. Sharing of Information: We may share your information with third-party service providers who assist us in providing our Services, such as payment processors like Stripe. We may also share your information as required by law or to protect our rights and interests. d. Data Security: We implement reasonable security measures to protect your information from unauthorized access, alteration, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

  2. Payment Processing a. Stripe: We use Stripe, a third-party payment processor, to process payments made through our Services. By using our Services, you agree to be bound by Stripe's Services Agreement (https://stripe.com/legal/ssa) and Stripe's Connect Account Agreement (https://stripe.com/legal/connect-account), which govern your use of Stripe's payment processing services. b. Responsibility for Payments: You are solely responsible for any payments made through our Services, including any taxes, fees, or other charges associated with your transactions. PointCraft is not responsible for any unauthorized transactions or errors in payment processing.

  3. User Conduct a. Acceptable Use: You agree to use our Services only for lawful purposes and in compliance with this Agreement and all applicable laws and regulations. You must not use our Services to engage in any fraudulent, abusive, or illegal activities. b. Intellectual Property: Our Services and all related intellectual property rights belong to PointCraft or its licensors. You may not copy, modify, distribute, or create derivative works based on our Services without our prior written consent.

  4. Termination a. Termination by You: You may terminate your use of our Services at any time by closing your account and discontinuing use of our software. b. Termination by PointCraft: We may suspend or terminate your access to our Services at any time, with or without notice, for any reason, including if we reasonably believe you have violated this Agreement.

  5. Disclaimer of Warranties a. No Warranties: Our Services are provided "as is" and "as available," without any warranties of any kind, whether express or implied. We do not warrant that our Services will be uninterrupted, error-free, or secure.

  6. Limitation of Liability a. Limitation of Liability: To the fullest extent permitted by law, PointCraft shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Services.

  7. Governing Law and Dispute Resolution a. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of USA & Minnesota. b. Dispute Resolution: Any disputes arising out of or related to this Agreement or your use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

  8. Changes to this Agreement a. Amendments: We reserve the right to modify this Agreement at any time, and such changes shall be effective immediately upon posting. Your continued use of our Services after any changes indicates your acceptance of the modified Agreement.

If you have any questions about this Agreement or our Privacy Policy, please contact us at 612-473-5556

By using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy.

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