Hello! Thanks for using our websites, applications and related merchant products and services (“Services”). The Services are provided by AmeriCloud Solutions, Inc. (“AmeriCloud”), located in 1635 Wise Rd, Suite #8, Schaumburg, IL 60193, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Additional terms may apply to certain Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our or applicable third party terms or policies, or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services without our permission. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not AmeriCloud’s. This content is the sole responsibility of the entity that makes it available. We may (but are not obligated to) review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your CloudPOS Account
You may need a CloudPOS account (“Account”) in order to use some of our Services. You may create a CloudPOS Account, or a CloudPOS Account may be assigned to you by an administrator or Reseller. If you are using a CloudPOS Account assigned by an administrator or Reseller, additional terms may apply.
If you learn of any unauthorized use of your login, password or Account, notify us immediately at [email protected].
Your Content in our Services
Some of our Services allow you to submit, upload or display content, like a logo, images, text or other materials (“Content”). You retain ownership of any intellectual property rights that you hold in that Content.
When you upload or otherwise submit Content to our Services, you give CloudPOS (and those we work with) a worldwide license to use, host, store, modify (only to ensure that your content works better with our Services), publish, and display such Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. Make sure you have the necessary rights to grant us this license for any Content that you provide to CloudPOS.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available.
CloudPOS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by CloudPOS as part of the Services. This license is for the sole purpose of enabling you to use the Services as provided by AmeriCloud Solutions, Inc., in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time. CloudPOS may also stop providing Services to you, or add or create new limits to our Services at any time.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CLOUDPOS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, CLOUDPOS, AND CLOUDPOS’S SUPPLIERS AND PARTNERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CLOUDPOS, AND ITS SUPPLIERS AND PARTNERS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $100.
IN ALL CASES, CLOUDPOS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify CloudPOS and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of material modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between CloudPOS and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Illinois, U.S.A., excluding Illinois’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Cook County, Illinois, USA, and you and CloudPOS consent to personal jurisdiction in those courts.
For information about how to contact CloudPOS, please email us at [email protected].