These Terms govern use of the Tres-POS point-of-sale software and its payment integrations (together, the "Software"), provided by My3Solutions ("we", "us"). By installing, connecting or using the Software, the business using it ("Merchant", "you") agrees to these Terms.
1. License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Software to operate your restaurant business during your subscription or license term. You may allow your employees and contractors to use it on your behalf, and you are responsible for their use.
2. Restrictions
You may not copy, resell, sublicense, reverse engineer, or modify the Software except as allowed by law; use it for any unlawful purpose; or attempt to access other merchants' data or interfere with the Software's security.
3. Payment integrations
The Software can send payment requests from Tres-POS to your card terminals through your payment provider. Your use of card terminals and payment processing is also governed by your agreements with your payment provider and processor. Surcharges, tip settings and card acceptance rules are your responsibility, including compliance with card-network and state surcharging rules. You may disconnect Tres-POS from your payment provider at any time.
4. Your data
You own the business, order and staff data you enter into the Software. You grant us permission to process it only to provide, support and improve the Software, as described in our Privacy Policy. You are responsible for having the right to enter any personal information into the Software and for securing the server, network and devices on which it runs.
5. Payments and accuracy
You are responsible for reviewing transactions, tips, refunds and daily totals. We are not a payment processor and are not responsible for processor decisions such as declines, holds, chargebacks or fees.
6. Fees
Fees, if any, are as agreed between you and us.
7. Support and updates
We may provide updates, fixes and support from time to time. Updates may change or remove features, and we will make reasonable efforts to avoid disrupting your operations.
8. Disclaimer of warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SOFTWARE IN THE 12 MONTHS BEFORE THE CLAIM.
10. Termination
You may stop using the Software at any time. We may suspend or end your access if you breach these Terms. Sections 4, 8, 9 and 11 survive termination.
11. Governing law
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules.
12. Changes
We may update these Terms. The "Last updated" date shows when they last changed. Continued use after changes means you accept them.
13. Contact
My3Solutions / Tres-POS
800 S. Colorado St., Whitney, TX 76692
Email: ramirez@trespos.com
Website: www.trespos.com