These Terms of Service (the “Terms”) are an agreement between SIVRAPOS (“SIVRAPOS,” “we,” “us”) and the business that creates an account (“you,” the “Customer”). They govern your use of the SIVRAPOS point-of-sale software and related services (the “Service”). By creating an account or using the Service, you agree to these Terms.
1. The Service
SIVRAPOS provides iPad-based point-of-sale software for restaurants, including order management, kitchen display, delivery-channel order management, payments integration, and back-office reporting. We may improve or modify features over time; we will not materially reduce the core functionality of your plan during a paid period.
2. Subscriptions, term, and cancellation
- Month-to-month. All plans are billed monthly in advance. There is no long-term commitment.
- Cancellation. You may cancel at any time, effective at the end of the current billing month. We do not charge cancellation or early-termination fees.
- Plan limits. Each plan includes stated limits on locations and staff accounts. We will notify you if usage exceeds your plan before making any change to your billing.
- Price changes. We will give at least 30 days’ notice by email before any subscription price change takes effect.
3. Payment processing
Card payments accepted through the Service are processed by Stripe, Inc. under Stripe’s own agreements, including the Stripe Connected Account Agreement. You must maintain a Stripe account in good standing to accept card payments. For card payments you pay SIVRAPOS a single flat per-transaction rate (currently 2.7% + 10¢ for in-person payments) that covers payment processing, with no separate PCI, statement, or batch fees; the rate applicable to your account is disclosed to you before you begin accepting payments and is separate from your SIVRAPOS subscription. SIVRAPOS does not store payment card data.
4. Your data
- You own your data. Menus, orders, transaction records, staff data, and guest data you enter remain yours.
- Export. You can export your data during the subscription and for 90 days after cancellation, after which we delete it as described in our Privacy Policy.
- Our license. You grant us the limited rights needed to host, process, back up, and display your data in order to run the Service, and to use aggregated, de-identified usage data to improve it.
5. Your responsibilities
- Keep account credentials and staff PINs confidential and current.
- Use the Service lawfully, including compliance with tax, employment, and consumer-protection laws applicable to your restaurant.
- Ensure you have the right to enter any guest data you store in the Service and honor guests’ privacy requests.
- Do not resell the Service, probe or disrupt its infrastructure, or reverse-engineer it except where the law permits.
6. Third-party platforms
Delivery marketplaces (such as DoorDash and Uber Eats) are operated by third parties under your own agreements with them. We relay orders and status between the Service and those platforms but are not responsible for their availability, fees, or decisions, including listing or account actions they take.
7. Availability and support
We engineer the Service to keep core point-of-sale functions available offline during internet outages. We provide support by email at support@sivrapos.com with same-business-day responses. Planned maintenance affecting the Service will be announced in advance where reasonably possible.
8. Intellectual property
The Service, including its software, design, and documentation, is owned by SIVRAPOS and protected by intellectual-property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service for your restaurant’s internal operations during your subscription.
9. Disclaimers
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.
10. Limitation of liability
To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues; and (b) our total liability arising out of or relating to the Service is limited to the subscription fees you paid to us in the twelve (12) months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.
11. Indemnity
You will defend and indemnify SIVRAPOS against third-party claims arising from your restaurant’s operations, your data, or your breach of these Terms. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes their intellectual-property rights.
12. Termination for cause
Either party may terminate for material breach if the breach is not cured within 15 days of written notice. We may suspend the Service immediately for security risks, unlawful use, or non-payment, and will restore it promptly once resolved.
13. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The parties will attempt in good faith to resolve disputes informally before litigation.
14. Changes to these Terms
We may update these Terms from time to time. For material changes we will give at least 30 days’ notice by email, and the updated Terms will apply from your next billing month. Continued use after that date constitutes acceptance.
15. Contact
Questions about these Terms: hello@sivrapos.com.