These Terms of Service (“Terms”) govern your use of the SmartPOSWizard websites, applications, station software and related services (the “Services”), operated by AI Tech (“we”, “us”). By creating an account, starting a trial or using the Services you agree to these Terms on behalf of yourself and the business you represent (“Customer”).
1. Definitions
“Workspace” means the Customer’s tenant, including its locations, stations, devices and users. “Customer Data” means data submitted to the Services by or for the Customer, including menus, orders, employee and time-clock records. “Users” are people the Customer authorizes to use the Workspace.
2. Accounts and workspaces
You must provide accurate information and keep sign-in credentials, PINs and enrolled devices secure. The Customer is responsible for its Users, the roles it assigns and activity in its Workspace. Tell us promptly at security@smartposwizard.com if you suspect unauthorized access.
3. Free trial
New Workspaces may receive a free trial of 30 days (or another period stated at sign-up). No card is required to start. At the end of the trial you can choose a paid plan; otherwise the Workspace is paused.
4. Subscriptions, billing and automatic renewal
Paid plans are billed in advance, monthly or yearly, and renew automatically for the same period until cancelled. Prices exclude taxes. We will give at least 30 days’ notice of a price change, which applies from your next renewal. Payments are processed by our payment provider.
5. Cancellation and refunds
You may cancel at any time; cancellation takes effect at the end of the current paid period. Fees are non-refundable except as described in our Refund & Cancellation Policy or as required by law.
6. Card payments and third-party services
Card payments, delivery marketplaces, payroll providers, printers and other hardware are provided by third parties under their own terms. Card data is handled by a certified payment provider; SmartPOSWizard does not store card numbers. We are not responsible for third-party services, fees or outages.
7. Customer Data
The Customer owns Customer Data. You grant us the rights needed to host, process and display it to provide the Services. You are responsible for having the right to submit Customer Data, including employee and guest information, and for complying with laws that apply to your business.
8. Our access to Customer Data
We access Customer Data only to provide and secure the Services, to give support you request, or where required by law. Support access is limited, approved and logged.
9. No tax, payroll or legal advice
SmartPOSWizard records sales, taxes, tips and time punches using settings you configure. It does not provide tax, payroll, employment or legal advice, and does not calculate wages or payroll tax. You are responsible for your tax rates, wage calculations and filings.
10. Acceptable use
You must follow our Acceptable Use Policy.
11. Intellectual property and feedback
We own the Services and all related software and content. These Terms give you a limited, non-transferable right to use the Services during your subscription. If you send feedback, we may use it without obligation.
12. Confidentiality
Each party will protect the other’s non-public information with reasonable care and use it only to perform under these Terms.
13. Security
We use reasonable technical and organizational measures to protect the Services, as described in our Security overview.
14. Suspension
We may suspend a Workspace, User or device if fees are overdue after notice, if use threatens the security or integrity of the Services, or if required by law. We will restore access once the issue is resolved.
15. Term and termination
These Terms apply while you use the Services. Either party may terminate for material breach not cured within 30 days of notice. After termination you have 30 days to export Customer Data, after which it is deleted from active systems within 60 days.
16. Demo environment and pre-release features
The public demo uses sample data stored in your browser and is provided for evaluation only. Features labelled “coming soon”, pilot or beta are provided as-is and may change or be withdrawn.
17. Warranties and disclaimers
We will provide the Services with reasonable skill and care. Otherwise, to the extent permitted by law, the Services are provided “as is” without other warranties, including fitness for a particular purpose or uninterrupted operation.
18. Limitation of liability
To the extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or lost profits or revenue. Our total liability is limited to the fees you paid in the 12 months before the claim (or US $100 if no fees were paid).
19. Indemnification
The Customer will defend and indemnify us against third-party claims arising from Customer Data or the Customer’s breach of these Terms or applicable law.
20. Governing law and disputes
These Terms are governed by the laws of the People’s Republic of Bangladesh. The parties will first try to resolve any dispute informally for at least 30 days; after that, disputes are resolved exclusively in the courts of Dhaka, Bangladesh, except where the law gives you the right to bring a claim elsewhere.
21. Changes to these Terms
We may update these Terms. We will post the new version with its date and, for material changes, notify account owners at least 30 days in advance.
22. General
These Terms, with any order form, are the entire agreement. If a provision is unenforceable, the rest remain in effect. You may not assign these Terms without our consent; we may assign them to a successor.
23. Contact
Legal notices: legal@smartposwizard.com, with a copy to AI Tech, 6232 Camellia Ave, North Hollywood, CA 91606-4119, United States.