By using CollectPOS point-of-sale and any associated products and services (the “Services”), you agree to be bound by the Terms of Service, these additional terms and conditions (“Additional Product Terms”), and all other terms, policies, and guidelines applicable to the Services used including, but not limited to, the Payment Terms if you accept payments through CollectPOS. If you are using the Services on behalf of a business, that business accepts these terms. Defined terms have the same meaning as in the General Terms.
You may be able to use the Services to create, send and manage marketing and other messages to your customers (“Buyers”) who have elected to receive offers and updates from CollectPOS merchants they frequent or who provided their contact information to you directly. CollectPOS is not involved in or responsible for your marketing or other messaging to Buyers, except for providing the Services that facilitate the creation, delivery and management of messages by you to Buyers via CollectPOS or its affiliates. You are responsible for marketing or other messages that you send using the Services, the Content of those messages, ensuring you have appropriate consent to send those messages, and honoring any customer privacy choices and terms included in such messages, even if your CollectPOS Account is closed, suspended, or terminated. In using the Services, you will not use purchased, rented, or third-party lists of email addresses or phone numbers, and you may not use the Services to send unsolicited messages. If you offer a loyalty program to your Buyers through the Services, you agree to make available to your Buyers any terms and conditions applicable to your loyalty program. You further agree to notify your customers of any items you exclude from points eligibility under your Loyalty program. You further agree to notify your customers of any items you exclude from points eligibility under your Loyalty program. You are responsible for ensuring that your transactional messages, marketing messages, and loyalty program and any associated rewards are compliant with applicable federal, state, or local laws, including laws governing privacy, prepaid cards and special offers such as rebates and coupons.
A. Description. The Services enable you to send email and text messages to your customers (“Messages”), including software and related management tools for communication with your Buyers via email and text messaging (collectively, “Messaging Services”). Certain paid services of CollectPOS may provide additional features through the use of a dedicated Toll-Free Number (“TFN”) or a 10-Digit Long Code (“10DLC”) number (hereinafter, a “Dedicated Messaging Telephone Number” or “DMTN”), such as inbound voicemails and voicemail transcription, interactive voice response (“IVR”) actions such as a keypress to receive a message, and other features as may be added from time to time. CollectPOS may provide a DMTN for the limited purpose of sending text messages. In all cases, the DMTN does not support two-way voice communication, such as outbound telephone calls or inbound telephone calls that initiate a two-way voice conversation between a caller and a recipient.
B. Eligibility. To be eligible to use the Messaging Services, you must (i) comply with all applicable laws regarding eligibility to sign up for and/or use the Messaging Services, and (ii) have not previously been suspended or removed from the Messaging Services or other Services as defined in the General Terms. Specific eligibility requirements for Messaging Services may vary depending on the specific product or service. To create a CollectPOS Messages account, you are also required to (i) be at least 18 years old, and (ii) have a CollectPOS Account in the United States activated for Payment Services with CollectPOS.
You assume full responsibility for all actions taken by all users of your account, including any of your employees, agents, contractors, and any others that may access any of the Services through your account.
C. Number Verification Process.
When you sign up for Messaging Services, you may be asked to submit information about your business, including, but not limited to, your business name, contact information, and business website. You agree that CollectPOS may provide this information and any other information you have previously provided to CollectPOS in the course of your relationship with us to our service providers to verify the DMTN for use in connection with Messages or Messaging Services.
D. Number Restrictions.
CollectPOS Messages may provide a DMTN to enable text messaging, voicemail, and other services. You agree to use the CollectPOS Messages DMTN solely in connection with the Messaging Services to facilitate direct one-to-one communication with Buyers via text message, inbound voicemail, and other features as may be added to Messages. CollectPOS Messages is not intended for text message marketing campaigns, and you agree not to use CollectPOS Messages to send coordinated marketing messages to multiple recipients, such as sending the same or similar marketing text message to multiple recipients in succession. CollectPOS reserves the right to limit, suspend, or terminate your access to the DMTN for marketing-related uses inconsistent with its intended use.
CollectPOS makes no representations or warranties as to the operability or fitness of the DMTN for any particular purpose, including, but not limited to, any uses of the DMTN outside of CollectPOS Messages or Messaging Services. You are responsible for ensuring that any telephone numbers you provide to third parties are eligible for their intended purpose. You acknowledge and agree that the DMTN provided through the Messages Services does not support two-way calling or outbound voice communication, and you agree not to use the DMTN to sign up for any other services that depend on the ability of a third party to contact you directly through two-way calling on the DMTN, including but not limited to emergency calling or messaging to any emergency services personnel or public safety answering points (“Emergency Services”), and any registrations, applications, or filings with external businesses or government agencies. You acknowledge and agree that the DMTN may not be transferred, assigned or “ported” to third-party service providers or other service platforms.
E. Service Availability.
You understand and agree that the Messaging Services may experience service outages and disruptions, including based on issues relating to telephone carriers, service providers, or vendors that may be outside of CollectPOS’s control. CollectPOS will make reasonable efforts to promptly resolve service disruptions, but CollectPOS does not guarantee the Services will be uninterrupted and available at all times or at any particular time. You agree that CollectPOS is not liable for any damages relating to service disruptions, interruptions, or outages.
F. Telephone Carrier Policies.
From time to time, telecommunication providers may change or modify their rules, requirements, and policies (collectively, the “Carrier Policies”). You are responsible for complying with all Carrier Policies that apply to your use of the Messaging Services and, by using the Services, you acknowledge that your failure to comply with the Carrier Policies may result in the termination of your ability to use the Services.
G. Emergency Calling and Messaging Not Supported.
You acknowledge that the Messaging Services: (i) are not an Integrated Public Alert and Warning System; (ii) do not support or transport Emergency Services, such as calls or texts to 911 or enhanced 911, and will not be used to determine the physical location of you or your devices; and (iii) are not a replacement for traditional voice, telephone or mobile phone services, including, but not limited to, calling, texting, or otherwise contacting Emergency Services, and does not function as such.
H. Your Data.
By using the Messaging Services, you acknowledge our data practices that apply to you, as set out in our Privacy Policy. The Privacy Policy explains how CollectPOS collects, uses, and protects personal information about you and your customers. You are required to familiarize yourself with the Privacy Policy prior to using the Services.
CollectPOS reserves the right to withhold, remove, or discard any information on, sent through, or otherwise provided via the Messaging Services and/or your CollectPOS Messages account (“Messages Content”), with or without notice, if deemed by us, in our sole discretion, to be contrary to these Terms or as may otherwise be required by law. For the avoidance of doubt, we have no obligation to store, maintain, or provide you with a copy of any Messages Content that you or others provide when using the Service.
Your use of the Messaging Services is subject to the following acceptable use policy (“Messages AUP”). These policies may be updated from time to time, and your continued use of the Messaging Services after such updates constitutes your agreement to the updated policies.
(i) Compliance with Applicable Marketing and Communications Laws and Industry Guidelines
You will comply with all applicable laws, rules, and regulations related to unsolicited or unwanted communications or telemarketing, including, but not limited to, the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”), the Controlling the Assault of Non-Solicited Pornography and Marketing Acts (“CAN-SPAM”), and any other applicable federal, state, or local laws, rules, and regulations (collectively, the “Applicable Marketing and Communications Laws”). You will also comply with all Carrier Policies, including, but not limited to, the most current version of the Cellular Telecommunications Industry Association (“CTIA”) Messaging Principles and Best Practices Guidelines and any other generally accepted industry policies or rules adopted by carriers, or other practices enforced by carriers.
(ii) Data and Use Restrictions
The Messaging Services are not intended for the communication by text, voice recording, or email, of: (i) sensitive personal information; (ii) personal health information (“PHI”) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”); (iii) cardholder data (“CHD”), including primary account numbers (“PAN”) and personal identification numbers (“PIN”); or (iv) sensitive authentication data (“SAD”), such as card verification codes (i.e., CVC, CVV, CID); (v) customer proprietary network information; (vi) nonpublic personal information subject to the Gramm-Leach-Bliley Act (“GLBA”) or similar laws related to financial privacy and data; (vi) sensitive personal information, as defined under the California Privacy Rights Act (“CPRA”); or (vii) government identifiers that uniquely identify a natural person such as a social security number or passport number.
You are responsible for complying with, and ensuring your employees, contractors, agents, and any others that access the Services through your account comply with all applicable laws relating to the collection or use of any of the types of information listed in this section. You agree to comply with any Payment Card Industry Data Security Standards (“PCI-DSS”), as well as any requirements under the Network Rules, that apply to your use of the Messaging Services. You will also cooperate in forensic investigations as required by CollectPOS or its partners.
(vi) Monitoring and Enforcement. We reserve the right, but do not assume any obligation, to monitor your Content, and to investigate any violation of this policy and these terms of service. We may disable, suspend, or terminate access to any user, Messages Content, or resource that violates these Terms or any other agreement we have with you for use of the Services. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Policy or other applicable law or regulation.
A. eCommerce Activities. The Services include online store and other eCommerce features that enable you to sell goods and services through websites hosted and/or designed by CollectPOS (such goods and services, “Commercial Products”), and otherwise enables you to collect payments from your customers and end users (such activities, collectively, “Your eCommerce Activities”). You agree that we are not liable or responsible for any of Your eCommerce Activities, or any compliance with any laws or regulations related to it, which includes the following:
C. Third Party Payment Processors and eCommerce Partners. The Services may use third party payment processors and eCommerce partners – such as Stripe, Shopify, and Wix – for securely processing your eCommerce payments and transactions. Your relationship with such third-party payment processors and eCommerce partners is governed by such third parties’ terms and policies. We do not control and are not liable for any such third-parties’ payment processing or eCommerce systems.
II. Your Content and Content Restrictions
A. Content Ownership. You are responsible for all Content that you upload, post, transmit or otherwise make available through the Services. Your Content does not include non-personally identifiable e-Commerce transaction or behavioral data derived from your use of our Services (collectively, “Platform Data”). CollectPOS owns all Platform Data and uses it to operate and improve the Services. Regarding your Content, you are solely responsible for backing up your Content. We may also preserve your Content and disclose it to the applicable governmental authority if required by law.
B. Content Restrictions. In addition to the restrictions set forth in these Additional Product Terms, the General Terms and Payment Terms, you will not:
C. Professional Photos. As part of the Services, we may provide you with professional photos (for a Fee or otherwise) to be used on your websites (“Professional Photos”). By purchasing and/or using any Professional Photos available through the Services, you agree that:
Payment of Fees and Fee Taxes. All Fees are in USD and do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Fee Taxes”). It is your responsibility to determine what, if any, Fee Taxes apply to the payments you make, and it is solely your responsibility to assess, collect, report and remit the correct Fee Taxes to the appropriate authority. If you purchase any Services that we offer for a Fee, you provide your consent to us, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for the Services you may purchase, and (b) any applicable Fee Taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all costs associated with the collection of any overdue amounts, including any interest due for the same. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees and associated Fee Taxes.
A. Subscription Auto-Renewals. ALL SUBSCRIPTIONS AND AUTO-RENEWALS WILL BE HANDLED BY STRIPE AND ARE SUBJECT TO STRIPE’S TERMS OF SERVICE LOCATED HERE https://stripe.com/legal/consumer, TO WHICH YOU AGREE TO ABIDE IN ADDITION TO THE TERMS OF THIS AGREEMENT. AT THE END OF YOUR SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL SUBSCRIPTION TERM OF THE SAME LENGTH UNTIL YOU ACTIVELY CANCEL THE SUBSCRIPTION, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT SUBSCRIPTION AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY CALLING OUR HELP NUMBER PROVIDED INSIDE THE APPLICATION ON THE BILLING PAGE BETWEEN THE HOURS OF 9AM AND 5PM PST.
B. Online Store Cancellation. If you cancel your Services, your cancellation will take effect immediately unless otherwise required by applicable law. After cancellation, you will no longer have access to your website and we may delete all information on your website. We accept no liability for such deleted information or Content. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend, disable, or discontinue the Service, partially or entirely, in our sole discretion. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us, in our sole discretion, to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service. We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion).
If you choose, you may contribute customized website themes (“Custom Themes”) to the Service for use by other sellers. You hereby grant and agree to grant us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Themes contributed by you to the Service, including the HTML code and associated media assets.
For the email marketing services provided directly to you by us as part of the online-store Services (the “Email Marketing Service”), the following terms and conditions also apply. Your use of the Email Marketing Service serves as your consent to these terms. CollectPOS may suspend or terminate your access to and use of the Email Marketing Service if you do not comply with these terms.
A. Email Marketing Service Responsibilities. Your use of the Email Marketing Service must comply with all applicable domestic and international laws and regulations. This includes the laws applicable to you and also laws applicable to CollectPOS and all recipients to whom you intend to send emails (each a “Recipient”). Examples of applicable laws include laws relating to spam or unsolicited commercial email (hereinafter “Spam” or “UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, consumer protection and other applicable laws. It is your responsibility to know, understand, and comply with the laws applicable to your use of the Email Marketing Service and the emails you generate and send through the Email Marketing Service. You are solely responsible for your products and services and any other promotion and Content contained in or referred to in your emails sent through the Email Marketing Service. You agree to use the Email Marketing Service in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records.
B. Email Marketing Guidelines. Your use of the Email Marketing Service must follow all applicable guidelines and restrictions established by CollectPOS, which are presented as follows (“Email Marketing Guidelines”):
YOU WILL NOT:
Last Updated: February 2024