Terms of Service
These Terms of Service (“Terms”) govern your relationship with Desic Solutions, Inc., a Delaware corporation based in San Jose, California (“CollectPOS,” “we,” “our,” or “us”). By accessing or using our website (www.collectpos.com), related online properties, or our point-of-sale and inventory management platform (the “Services”), you agree to these Terms.
- Company Role
CollectPOS provides software services but is not a payment processor, bank, or financial institution. All payment processing is facilitated by Media Payments Group (MPG) under its Merchant Agreement. CollectPOS’s role is limited to software integration, support, and referral services.
- Website Content
Website content is owned by CollectPOS or licensors and may not be copied or used for commercial purposes without authorization. Content is informational only and should not be the sole basis for business decisions.
- Your Materials
Merchants may upload content to the Services. You grant CollectPOS a license to use uploaded materials to provide and improve Services. You warrant that uploaded content does not violate laws or third-party rights.
- Prohibited Uses
You agree not to misuse the Services, including by circumventing security, transmitting harmful code, scraping data, or violating laws. Violations may lead to suspension or termination.
- Enforcement
CollectPOS may monitor usage to ensure compliance, disable accounts for violations, and disclose information when required by law or to protect rights.
- Online Payments
CollectPOS uses Stripe to process merchant subscription payments. By subscribing, you agree to Stripe’s terms. CollectPOS does not store payment card data.
- Third-Party Services
CollectPOS integrates with MPG, DishOut, PAX, SendGrid, and Twilio. While we require these providers to follow industry standards, CollectPOS is not liable for their actions or practices. Merchants must review and accept third-party terms.
- Communications
We may send system messages and notifications. Merchants using CollectPOS messaging features must obtain consent and comply with laws (TCPA, CAN-SPAM, privacy laws). CollectPOS only facilitates delivery and does not control message content.
- Subprocessors
We use subprocessors to deliver services:
- Stripe for merchant billing
- SendGrid for merchant-initiated email
- Twilio for merchant-initiated SMS
These providers act under our direction and cannot resell or misuse data.
- Data Processor Role
CollectPOS processes customer data on behalf of merchants. Merchants remain controllers and must secure required consents. CollectPOS may access limited data for testing, development, and security. Data is never sold or used for marketing.
- Seller-Initiated Messages
Merchants are solely responsible for content and compliance of communications sent through CollectPOS. Customers may opt out via instructions provided by merchants.
- CCPA and State Privacy Compliance
Merchants are responsible for complying with privacy laws in their operating states. CollectPOS supports merchants in fulfilling valid privacy rights requests but does not handle requests from end customers directly.
- Data Retention
We retain merchant data while accounts are active and for a limited time thereafter (typically 12–24 months), unless longer retention is required by law. Customer data is retained only on behalf of merchants. Billing data retention follows Stripe’s legal requirements.
- Security Obligations
Merchants must maintain secure credentials, restrict unauthorized access, and follow security best practices to protect data.
- Service Availability
We strive for continuous service availability but do not guarantee uninterrupted service. CollectPOS is not liable for downtime or outages caused by third parties or maintenance.
- Disclaimers
Services are provided “as is” without warranties of any kind. We disclaim all warranties to the fullest extent allowed by law.
- Limitation of Liability
CollectPOS is not liable for indirect, incidental, or consequential damages. Liability is limited to the maximum extent permitted by law.
- Indemnification
You agree to indemnify CollectPOS against claims arising from your misuse of the Services or violation of these Terms.
- General Provisions
These Terms are governed by California law. They constitute the entire agreement between you and CollectPOS. We may update these Terms with notice. Continued use of the Services constitutes acceptance of updates.
- Privacy
Use of personal information is subject to our Privacy Policy. CollectPOS processes data only on behalf of merchants and supports compliance with privacy laws.
- Right to Modify Terms
CollectPOS may update these Terms with notice to users. Your continued use of the Services after updates constitutes acceptance of the revised Terms.
- Contact
Desic Solutions, Inc. / CollectPOS
San Jose, California
Email: support@collectpos.com
Effective Date: June 17, 2025