Carima POS Terms of Service

1. Definitions

In these POS Terms:

• "Merchant" or "you" - The business that subscribes to Carima POS, and anyone who uses it on that business's behalf
• "Carima POS" - The point-of-sale application for tablets, handheld devices and desktop computers, the back office web console, the APIs and related services
• "Staff" - Employees, contractors and other people you allow to use Carima POS under your account
• "Device" - A tablet, phone or computer on which Carima POS is installed
• "Payment Provider" - The third-party payment processor whose account you connect to Carima POS, such as Helcim or Stripe
• "Guest" - A customer of your business whose order or payment is recorded in Carima POS

2. The Service

Carima POS lets you take and manage orders, record payments, run shifts and a time clock, print receipts and kitchen tickets, and view reports. It runs in a web browser today; a register app for tablets that keeps working when the internet connection is interrupted is in development.

• The POS application keeps a working copy of your recent activity on the Device and synchronises it with our servers
• The back office is a web console where owners and managers manage the menu or catalog, Staff, locations and reports
• An ordering API, where we make it available, lets systems you authorise, including Carima AI assistants, place orders into your POS

Carima POS is being introduced in stages. Some features may be offered as previews, may differ by platform or region, and may change. We aim to give reasonable notice before removing a feature you rely on.

3. Your Account, Staff and Devices

You are responsible for everything done under your account, by your Staff and on your Devices.

• Keep owner and manager credentials confidential, and give each Staff member their own PIN or login
• You decide which Staff can perform sensitive actions such as refunds, voids, discounts and cash drawer access, and you are responsible for the permissions you grant
• Keep Devices physically secure and protected with a device passcode, and keep the operating system and Carima POS up to date
• Tell us promptly at support@carima.ai if a Device is lost or stolen or you suspect unauthorised access, so that the Device's access can be revoked
• Remove access for Staff who leave your business

4. Payments and Your Payment Provider

Carima POS does not process payments itself. To accept card payments you connect your own merchant account with a supported Payment Provider. Your relationship with the Payment Provider is direct and is governed by its terms.

• You apply to the Payment Provider yourself and complete its identity, business verification and underwriting checks. Carima cannot open, approve or manage a merchant account on your behalf
• Carima is not a bank, payment processor, payment facilitator or money transmitter. We never receive, hold or settle your funds; payouts go from the Payment Provider to you
• Processing rates, fees, reserves, payout timing, chargebacks and disputes are between you and the Payment Provider
• Card numbers, security codes and card PINs are captured by the Payment Provider's certified terminal or hosted payment page and never reach Carima POS, our servers or our logs. We receive only the result of a transaction, such as its status, amount, card brand and last four digits
• You authorise us to send payment instructions (for example sale, refund, void or cancel) to the Payment Provider using the connection credentials for your account, and to receive the results. We store those credentials encrypted and use them only to operate Carima POS for you
• You remain responsible for your own obligations under card network rules and the Payment Card Industry Data Security Standard (PCI DSS), as determined by your Payment Provider or acquirer
• Never type or photograph card numbers into notes, order comments or any other field in Carima POS

Referral disclosure: Carima may receive compensation from a Payment Provider when you open an account through a link we provide or process payments through Carima POS. The Payment Provider, not Carima, sets your processing rates. If Carima ever charges a fee of its own on your transactions, we will tell you the amount before it applies. We are not liable for the acts, omissions, outages or decisions of a Payment Provider, including a declined application, a held payout or a closed account.

5. Prices, Taxes, Tips, Surcharges and Service Charges

Carima POS calculates totals from the settings you enter. You are responsible for those settings and for their legality.

• You set your prices, tax rates, tax-inclusive or tax-exclusive treatment, service charges and tip options. Carima POS does not determine which taxes apply to your business and does not file or remit taxes
• Card surcharges, dual pricing and cash discounts are regulated by card network rules and by state and local law, and are prohibited or capped in some places. If you enable them, you are responsible for confirming that they are allowed for your business, for registering with the card networks or your Payment Provider where required, and for the required signage and receipt disclosures
• Tip handling, tip pooling and wage-and-hour compliance are your responsibility as the employer
• Reports, time-clock records and tip summaries are tools to help you run your business. They are not payroll, tax, accounting or legal advice

Review your settings before you start trading and whenever the rules that apply to you change.

6. Hardware and Network

Carima POS runs on hardware and a network that you provide.

• You buy, own and maintain your Devices, printers, cash drawers, payment terminals and network equipment. Payment terminals are ordered from your Payment Provider
• We can tell you which hardware we have tested. Other hardware may work but is not supported
• We are not the manufacturer of third-party hardware and give no warranty for it; the manufacturer's or seller's warranty applies
• Printing to kitchen and receipt printers depends on your local network. You are responsible for a reliable network at your premises

7. Offline Operation and Synchronisation

The browser version of Carima POS requires an internet connection. Where Carima POS offers offline operation, it keeps taking orders when the connection is down, within limits you should understand.

• Orders, cash payments and other activity recorded offline are stored on the Device and uploaded when the connection returns
• Until a Device has synchronised, its unsynchronised data exists only on that Device. If the Device is lost, damaged or reset, or the app is removed, before synchronisation, that data may be lost and we cannot recover it
• Card payments need a working connection between the payment terminal, the Payment Provider and our servers, and may be unavailable offline
• When several Devices change the same order while disconnected, Carima POS reconciles the changes when they synchronise, and may reject a change that conflicts with a newer one. Staff should review any conflict the app reports
• Connect every Device to the internet at least once per business day

8. Your Data

Your business data in Carima POS - your catalog, orders, reports and Staff records - belongs to you.

• You can request a copy of your data in a structured, commonly used format at any time while your subscription is active
• For personal data about your Guests and Staff, you are the data controller (the "business" under US state privacy laws) and Carima is your processor or service provider. We process it only to provide Carima POS to you and on your instructions. Where data protection law requires a written processor agreement, our Data Processing Addendum at /data-processing-addendum applies
• You are responsible for giving your Staff and Guests any privacy notices the law requires, including notices to employees about time-clock and activity records, and for having a lawful basis to send receipts or messages to Guests by email or SMS
• You are responsible for keeping business, tax and employment records for the periods the law requires of you. Export what you need before you close your account
• We may use aggregated data that does not identify you, your Staff or your Guests to operate and improve the service

Our Privacy Policy at /privacy-policy explains how we handle personal data, including a section on Carima POS.

9. Receipts and Guest Communications

Where these features are available, Carima POS can print receipts and send them by email or SMS.

• Printed and digital receipts show only the card brand and last four digits, never the full card number or expiry date
• Receipt content, including your business details, tax identifiers and return policy, is yours to configure and keep accurate
• Send digital receipts or order messages only to Guests who asked for them, and do not use contact details collected for a receipt for marketing without the consent the law requires

10. Ordering API and Integrations

You may connect other systems to Carima POS through our API.

• Keep API keys secret and rotate them if you suspect they are exposed. Activity under your keys is your responsibility
• You are responsible for the systems you connect and for the orders they place
• We may limit request rates or suspend a key to protect the service

11. Acceptable Use

In addition to the User Responsibilities in our Terms and Conditions, you agree not to:

• Use Carima POS for a business, or for goods and services, that are illegal where you operate or that your Payment Provider's acceptable use policy prohibits
• Record transactions that did not take place, or use Carima POS to disguise the nature of a sale
• Attempt to access another merchant's data, probe or disrupt the service, or circumvent Device, Staff or licence limits
• Reverse engineer the applications, except where the law allows it regardless of this restriction
• Resell or sublicense Carima POS without our written agreement

12. Subscription and Fees

Carima POS is offered by subscription. Section 6 of our Terms and Conditions (Subscription, Billing, and Payment) applies.

• Your plan may be priced per location, per Device or by feature, as shown when you subscribe or in your order form
• Subscription fees are separate from anything you pay your Payment Provider or hardware suppliers
• If a subscription payment fails, we will notify you and may limit or suspend the service after a reasonable grace period. You can still request a copy of your data as described in section 8

13. Availability, Updates and Support

We work to keep Carima POS available at all times.

• We do not guarantee uninterrupted service, unless we have agreed a service level with you in writing
• We release updates to the applications and may require a minimum version for security or compatibility. Keep automatic updates on where you can
• Planned maintenance that affects the service is announced in advance where practicable
• Support is provided by email at support@carima.ai and through the channels shown in the back office

14. Disclaimers and Limitation of Liability

Section 9 of our Terms and Conditions (Limitation of Liability) applies to Carima POS, including the cap on our total liability. In addition, to the maximum extent permitted by law, Carima is not liable for:

• Acts, omissions or outages of your Payment Provider, card networks, hardware, internet provider or other third parties
• Sales you could not make, or could not take by card, while the service, your network or a third party was unavailable
• Taxes, surcharges, tips, prices or discounts calculated from settings you entered or left unchanged
• Data that was lost on a Device before it was synchronised
• Actions taken by your Staff or by anyone using your credentials, PINs or API keys

Nothing in these POS Terms limits liability that cannot be limited by law.

15. Suspension and Termination

You may stop using Carima POS and cancel your subscription at any time, as described in our Terms and Conditions.

• We may suspend or terminate access if you breach these POS Terms, if your use creates a security or legal risk, or if a Payment Provider or an authority requires it. Where we reasonably can, we will give you notice and a chance to fix the problem first
• When your subscription ends, access to Carima POS and the back office ends
• Request a copy of your data before or promptly after your subscription ends. We delete your data after the end of the agreement as described in our Data Processing Addendum, except what the law requires us to keep
• Ending your Carima POS subscription does not close your Payment Provider account; you manage that with the Payment Provider

16. Changes to These POS Terms

We may update these POS Terms as the product develops. We will notify you of material changes by email or in the back office at least 30 days before they take effect, unless a change is required sooner by law or for security. Continued use after the effective date means you accept the updated POS Terms.

17. Contact

Questions about these POS Terms can be sent to support@carima.ai, or by mail to AGENTIC LLC, 1925 W River Rd Apt 11307, Tucson, AZ 85704, USA.