Privacy Policy and User Agreement for PointCraft Inc.

Effective Date: November 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 PointCraft’s point of sale (POS) software, payment services, business tools, websites, applications, and related services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree to this Agreement, you must not access or use the Services.

1. Privacy Policy

a. Information We Collect

We collect information you provide to us directly, including:

• Name

• Business information

• Email address

• Phone number

• Billing details

• Payment information

• Any other information submitted through your use of the Services

We may also collect information about your use of the Services, including:

• Transaction data

• Device information

• Usage activity

• Interactions with our software and websites

b. Use of Information

We use your information to:

• Operate, provide, maintain, and improve our Services

• Process and facilitate payments and transactions

• Communicate with you

• Provide customer support

• Monitor fraud, security, and compliance

• Comply with legal and regulatory obligations

We may also use certain information for marketing purposes where permitted by law.

c. Sharing of Information

We may share information with service providers and partners that help us operate our Services, including:

• Financial institutions

• Payment processors

• Fraud prevention services

• Identity verification providers

• Technical infrastructure providers

• Hosting and analytics services

Information may also be disclosed when required by law, regulation, legal process, card network rules, or banking requirements, or when necessary to protect our rights and operations.

d. Data Security

We implement reasonable administrative, technical, and physical safeguards designed to protect your information from unauthorized access, misuse, or alteration.

However, no method of internet transmission or electronic storage is completely secure, and we cannot guarantee absolute security.

2. Payment Services

a. PointCraft Payment Services

PointCraft provides payment acceptance and related transaction services as part of the Services. These services may include:

• Card acceptance

• Digital payment acceptance

• Transaction routing

• Settlement support

• Payment reporting

• Other payment-related functionality through the PointCraft platform

b. Service Providers and Financial Partners

To provide these Services, PointCraft may work with:

• Banks and sponsor banks

• Payment processors

• Payment gateways

• Card networks

• Financial and technology partners

These partners may support elements of the payment infrastructure, settlement, verification, compliance, or transaction processing.

c. Responsibility for Transactions

You are responsible for all transactions processed through your account, including:

• Transaction accuracy

• Applicable taxes

• Refunds

• Fees

• Chargebacks

• Compliance with applicable laws and card network rules

You are also responsible for protecting your credentials, devices, and systems from unauthorized access.

d. Availability and Processing

PointCraft does not guarantee uninterrupted service, specific processing speeds, or funding timelines. Transaction approvals, settlement timing, and reversals may be affected by:

• Banking systems

• Card networks

• Risk or fraud reviews

• Compliance requirements

• Technical interruptions

3. User Conduct

a. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with:

• This Agreement

• Applicable laws and regulations

• Card network rules

• Payment industry standards

You may not use the Services for fraudulent, deceptive, abusive, or illegal activities.

b. Intellectual Property

All software, content, branding, and functionality of the Services are owned by PointCraft or its licensors.

You may not copy, reproduce, modify, distribute, reverse engineer, or create derivative works based on the Services without prior written consent from PointCraft.

4. Termination

a. Termination by You

You may stop using the Services at any time. Account closure may be subject to outstanding obligations including:

• Pending transactions

• Chargebacks

• Disputes

• Reserve requirements

b. Termination by PointCraft

PointCraft may suspend or terminate your access to the Services at any time where permitted by law, including if:

• You violate this Agreement

• Your activity creates risk for PointCraft or other users

• Required by legal or compliance obligations

• Required by financial partners or payment networks

5. Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind.

To the fullest extent permitted by law, PointCraft disclaims all warranties including:

• Merchantability

• Fitness for a particular purpose

• Non-infringement

We do not guarantee that the Services will be uninterrupted, secure, accurate, or error-free.

6. Limitation of Liability

To the fullest extent permitted by law, PointCraft and its affiliates will not be liable for any:

• Indirect damages

• Incidental damages

• Consequential damages

• Special damages

• Loss of profits

• Loss of revenue

• Loss of data

• Loss of business opportunities

arising out of or related to your use of the Services.

7. Governing Law and Dispute Resolution

a. Governing Law

This Agreement shall be governed by the laws of the State of Minnesota, United States, without regard to conflict of law principles.

b. Dispute Resolution

Any disputes arising out of or relating to this Agreement or the Services will be resolved through binding arbitration, except where prohibited by law, under the rules of the American Arbitration Association.

8. Changes to this Agreement

We may update or modify this Agreement from time to time.

Changes become effective upon posting to our website or when otherwise communicated to you as required by law. Continued use of the Services after updates indicates acceptance of the revised Agreement.

Data Sharing

Customer data is not shared with third parties for their own promotional or marketing purposes.

Mobile opt-in data and consent information are never shared with any third parties for marketing purposes. Any information sharing described elsewhere in this policy excludes mobile opt-in data.

Messaging Terms and Conditions

By providing your phone number and agreeing to receive text messages, you consent to receive text messages from PointCraft Inc. at 612-473-5556 regarding:

• Account notifications

• Service updates

• Support-related communications

Consent is not a condition of purchase.

• Message frequency may vary

• Message and data rates may apply

You may:

• Reply STOP to unsubscribe at any time

• Reply HELP for assistance

You may also contact us at:

Phone: 612-473-5556
Email: [email protected]

Mobile opt-in information is never shared with third parties for marketing purposes.

Contact Information

If you have any questions about this Agreement or our Privacy Policy, please contact us at:

PointCraft Inc.
Phone: 612-473-5556 or 612-488-0037