These terms govern access to Nodhum POS's website and services. A signed order form, subscription agreement, service schedule or data-processing agreement may add to these terms. If there is a conflict, the signed document controls for that subject.
Agreement and authority
By accessing or using Nodhum POS, you agree to these terms and our Privacy Policy. If you use the service for a company or other organisation, you confirm that you are authorised to accept these terms for it; “you” then includes that organisation.
You must be legally able to enter a binding agreement and use the service only for lawful business purposes. If you do not agree, do not access or use the service.
The service
Nodhum POS provides connected commerce software that may include point of sale, merchant administration, inventory, restaurant workflows, QR ordering, kitchen and customer displays, loyalty, reporting, messaging, storefront and integration features. Your enabled features, usage limits, support level, fees and subscription period are set out in the applicable plan or order form.
We grant you a limited, non-exclusive, non-transferable and revocable right to use the subscribed service during the subscription term, subject to these terms. This is a right to use the service, not a sale of software or source code.
Accounts and security
You are responsible for accurate account information, assigning appropriate permissions, keeping credentials and devices secure, and all activity performed through your authorised accounts. Do not share personal credentials or bypass access controls.
Tell us promptly if you suspect unauthorised access, lost credentials, a compromised device or misuse of the service. We may require stronger authentication, credential resets or other reasonable security measures.
Merchant responsibilities
You are responsible for your business operations and for ensuring that:
- products, prices, tax, inventory, receipts, promotions and customer-facing information are accurate;
- your use of Nodhum POS complies with consumer, tax, employment, privacy and other applicable laws;
- you have the rights, notices and permissions needed for content and personal data you submit;
- staff and contractors use the service only within their authority;
- hardware, network, backups and third-party services outside Nodhum POS's control are appropriately maintained; and
- you do not use the service to infringe rights, distribute malware, probe security, evade limits, disrupt others, or conduct fraudulent or prohibited activity.
You remain responsible for reviewing orders, payments, tax records, inventory adjustments and reports before relying on them for legal, accounting or operational decisions.
Fees and payment
Subscription fees, billing frequency, taxes, included usage and renewal terms are shown in your order form or selected plan. Unless that document says otherwise, fees are due when invoiced and are non-refundable except where required by law. You must keep billing details current and pay applicable taxes other than taxes on Nodhum POS's income.
Payment processing for your customer transactions may be provided by a third party. Settlement timing, chargebacks, reserves, verification and transaction fees are governed by that provider's agreement. Nodhum POS is not a bank and does not guarantee settlement by a payment provider.
Data and privacy
As between you and Nodhum POS, you retain ownership of the business content and data you submit to the service. You give Nodhum POS permission to host, copy, transmit, process and display that content only as needed to provide, secure, support and improve the service, comply with law, and follow your documented instructions.
Each party will meet its responsibilities under applicable data-protection law. Where you control personal data and Nodhum POS processes it on your behalf, any applicable data-processing agreement forms part of the service agreement. Our Privacy Policy explains how we handle data for our own purposes.
Third-party services
You may choose to connect Nodhum POS with payment, messaging, delivery, accounting, identity or other third-party services. Those services are governed by their own terms and privacy notices. You authorise Nodhum POS to exchange the information required to operate an integration you enable.
We are not responsible for a third party's service, content, availability, security or changes. We may suspend an integration if it creates a security, legal or operational risk.
Ownership and feedback
Nodhum POS and its licensors own the service, software, interfaces, documentation, branding and related intellectual property, excluding your content. No rights are granted except those expressly stated in these terms.
If you provide ideas or feedback, you allow us to use them without restriction or payment, provided we do not identify you publicly as the source without permission.
Availability and changes
We work to keep Nodhum POS reliable and secure, but availability may be affected by maintenance, internet or local-network failures, third-party providers, devices, force majeure or events outside reasonable control. Offline-capable features can support continuity in configured environments but do not guarantee uninterrupted operation or immediate synchronisation.
We may update the service to improve security, performance or functionality. We will provide reasonable notice when a material change significantly reduces subscribed core functionality, unless urgent security or legal reasons require faster action.
Suspension and termination
You may stop using the service or end a subscription as provided in your order form. We may suspend access when reasonably necessary to prevent harm, address a security threat, comply with law, respond to non-payment, or investigate a material breach. Where practical, we will give notice and an opportunity to remedy the issue.
On termination, your right to use the service ends. Data export and deletion are handled according to the applicable agreement, our Privacy Policy and legal retention obligations. Provisions that by their nature should continue—including payment, ownership, confidentiality, disclaimers and liability limits—survive termination.
Warranties and liability
To the extent permitted by law, the service is provided “as is” and “as available”. We do not promise that every feature will be error-free, uninterrupted, compatible with every device or suitable for every business requirement. Any service commitments expressly stated in a signed agreement remain unaffected.
To the extent permitted by law, neither party is liable for indirect, incidental, special, punitive or consequential loss, or for lost profits, revenue, goodwill or data. Each party's aggregate liability relating to the service is limited to the fees paid or payable for the affected service during the twelve months before the event giving rise to the claim. These exclusions and limits do not apply where liability cannot legally be excluded or limited, or where a signed agreement states otherwise.
General terms
You may not assign these terms without our written consent, except as part of a permitted transfer of your entire business. We may assign them as part of a reorganisation, financing, merger or sale. Neither party is responsible for delay caused by events beyond its reasonable control.
If a provision is unenforceable, it will be adjusted only as much as necessary and the remaining terms will continue. A failure to enforce a term is not a waiver. These terms, the Privacy Policy and incorporated signed documents form the agreement about the service and replace earlier discussions on the same subject.
These terms are governed by the laws of the Sultanate of Oman. The courts of Oman have jurisdiction, unless a signed agreement provides a different dispute process or applicable law requires otherwise. We may update these terms prospectively by posting a revised version and giving additional notice when a material change affects an active subscription.
QUESTIONS OR REQUESTS
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