Terms and Conditions

1. Agreement and order of documents

These Terms and Conditions ("Terms") are a binding agreement between Cinder POS ("Cinder," "we," "us," or "our") and the person or business using our websites or services ("you"). By creating an account, accepting an order, or using the services, you agree to these Terms and our Privacy Policy. If you act for a business, you represent that you have authority to bind it.

A signed order form, proposal, or other written agreement may specify services, fees, billing, equipment, support, or additional terms. If it conflicts with these Terms, that document controls for the conflicting subject. Deluxe payment services are separately governed by the merchant agreement and applicable payment-network rules.

2. Eligibility and accounts

You must be at least 18 and legally able to enter a contract. You must provide accurate account and business information, keep it current, protect credentials, use appropriate staff permissions, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account and for your authorized users.

3. Cinder services

Depending on your plan and order, Cinder services may include:

• Register checkout, products, barcode scanning, receipts, shifts, staff permissions, and cash workflows;
• Inventory, purchasing, customer records, invoicing, accounting tools, and reporting;
• Age-verification prompts and audit records for marked in-store products;
• Optional website or storefront tools for eligible general-retail products;
• Optional compatible hardware, setup, and printing tools; and
• An integration that routes supported in-store card-present transactions to Deluxe.

Features, limits, supported devices, and availability depend on the selected plan, configuration, geography, third-party eligibility, and written order. A feature shown in marketing materials is not included unless it is available in your account or order.

4. Subscription fees and billing

Software fees, billing frequency, register limits, equipment charges, and any discounts are stated in your order or the pricing presented when you subscribe. Subscription fees are billed in advance unless the order says otherwise. You authorize us and our billing providers to charge the payment method supplied for amounts due, including applicable taxes.

Payment-processing rates, assessments, reserves, chargeback fees, and settlement terms are controlled by your Deluxe merchant agreement or other processor documentation. Published examples are informational and do not replace that agreement. We may change Cinder fees prospectively by giving reasonable notice. Cancellation, refunds, credits, and equipment returns are governed by your order and any policy provided at purchase.

5. Deluxe payment processing

Cinder is not a bank, card network, or acquiring processor. Our current Deluxe integration supports eligible in-store card-present transactions through a configured terminal. Deluxe and its financial-services partners control merchant approval, underwriting, settlement, reserves, holds, chargebacks, and processor fees. Cinder does not promise keyed entry, card-not-present processing, or online checkout through Deluxe unless expressly included in a later written order and supported configuration.

You authorize Cinder to transmit transaction instructions and receive status and reconciliation information as needed to operate the integration. You are responsible for refunds, disputes, chargebacks, fraud controls, receipt and card-network requirements, and the security and PCI obligations applicable to your store environment.

6. Merchant responsibilities

You are responsible for:

• Using the services and selling products only as permitted by applicable law;
• Accurate products, prices, inventory, taxes, customer disclosures, receipts, and reports;
• Required licenses, registrations, tax filings, staff training, and recordkeeping;
• Lawful collection and use of employee and customer information, including required notices and consent;
• Maintaining compatible networks, devices, browsers, peripherals, and internet access; and
• Reviewing outputs and correcting errors before relying on them for business, tax, or compliance decisions.

7. Age-restricted products

Cinder's age-verification prompts and audit records are workflow tools, not legal advice or a guarantee of compliance. You must determine the products and transactions that require verification, inspect identification as required, configure the system correctly, train staff, and comply with federal, state, local, and card-network rules. Cinder may block tobacco, cigarette, cigar, vape, and similar categories from online publication even when lawful in-store sale is permitted.

8. Merchant data and content

As between you and Cinder, you retain your rights in business data, product information, images, and other content you submit. You grant Cinder a worldwide, non-exclusive license to host, copy, transmit, display, modify, and otherwise process that content only as reasonably necessary to provide, secure, support, and improve the services and meet legal obligations. You represent that you have the rights and permissions needed for the data and content you provide.

You are the business responsible for your customer and employee data. Our handling of personal information is described in the Privacy Policy.

9. Acceptable use

You may not, and may not help anyone else to:

• Use the services for illegal, fraudulent, deceptive, or prohibited transactions;
• Access another merchant's account or data without authorization;
• Introduce malware, disrupt the platform, bypass security, or probe systems without written permission;
• Scrape, copy, reverse engineer, decompile, or derive source code except where applicable law expressly permits it;
• Remove proprietary notices or use Cinder branding without permission;
• Resell, sublicense, or provide the services to a third party except as authorized in writing; or
• Use the services in a way that materially harms Cinder, our providers, other users, or the integrity of payment networks.

10. Cinder intellectual property

Cinder and its licensors retain all rights in the services, software, documentation, designs, branding, and related technology. During an active subscription, Cinder grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the services internally for your business, subject to these Terms and your order. If you provide feedback, you permit Cinder to use it without restriction or compensation.

11. Third-party services and hardware

The services rely on or may connect to third-party products, including Deluxe, cloud infrastructure, email services, operating systems, devices, and delivery or website tools. Third-party products are subject to their own terms, privacy practices, eligibility, warranties, and support. Cinder is not responsible for third-party changes, suspension, or outages outside our reasonable control.

Hardware specifications, title or lease terms, shipping, returns, warranties, and replacements are governed by the documentation provided with the applicable purchase. You are responsible for physical security, installation conditions, and compatible connectivity unless your order states otherwise.

12. Service changes and availability

We may maintain, update, replace, or discontinue features to improve security, comply with law, address third-party changes, or operate the service. We will provide reasonable notice of a material reduction to a paid core feature when practicable. Scheduled maintenance, emergencies, internet failures, and third-party outages may interrupt access. No service-level commitment applies unless included in a separate written agreement.

13. Suspension, cancellation, and termination

You may cancel as provided in your order. We may suspend or limit access immediately if reasonably necessary to address nonpayment, fraud, legal or payment-network requirements, a security threat, harm to others, or material breach. Where practical, we will give notice and an opportunity to cure.

At termination, your right to use the services ends and unpaid amounts become due. Subject to legal restrictions, technical feasibility, and payment of amounts due, we may provide a limited opportunity to export available merchant data. We may retain or delete data in accordance with the Privacy Policy, legal duties, and backup schedules. Sections that by their nature should survive termination will survive.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CINDER DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CINDER DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, THAT EVERY DEVICE OR THIRD-PARTY SERVICE WILL REMAIN COMPATIBLE, OR THAT THE SERVICES WILL SATISFY YOUR LEGAL, TAX, ACCOUNTING, OR REGULATORY OBLIGATIONS.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CINDER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY ARISING OUT OF THE SERVICES OR THESE TERMS WILL NOT EXCEED THE CINDER SOFTWARE FEES YOU PAID DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. PROCESSING VOLUME, SETTLEMENT FUNDS, PROCESSOR FEES, AND AMOUNTS PAID TO THIRD PARTIES ARE NOT CINDER SOFTWARE FEES. THESE LIMITS DO NOT APPLY WHERE LIABILITY CANNOT LAWFULLY BE LIMITED.

16. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Cinder and its affiliates, officers, employees, and suppliers from third-party claims, losses, and reasonable expenses arising from your products, data, content, customers, legal or tax violations, breach of these Terms, or misuse of the services or payment integration, except to the extent caused by Cinder's gross negligence or willful misconduct.

17. Governing law and venue

Oklahoma law governs these Terms without regard to conflict-of-law rules. The state and federal courts located in Tulsa County, Oklahoma will have exclusive jurisdiction over disputes, and each party consents to that jurisdiction and venue, unless applicable law requires otherwise.

18. Changes to these Terms

We may update these Terms by posting a revised version and changing the date above. For material changes affecting an active paid service, we will provide reasonable advance notice when practicable. Changes apply prospectively. Continued use after the effective date means you accept the revised Terms.

19. General terms

Neither party is liable for delay caused by events beyond its reasonable control. You may not assign these Terms without our written consent; Cinder may assign them in connection with a merger, reorganization, financing, or sale of its business. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the remainder stays effective. These Terms and incorporated written agreements are the complete agreement about their subject and replace prior discussions about that subject.

20. Contact

Questions about these Terms may be submitted through Contact Us or by mail to Cinder POS, 9016 E 46th St, Tulsa, OK 74145.