Terms & Conditions
VIVID POS TERMS OF SERVICE
These Legal Terms are a binding agreement between you (personally or on behalf of an entity) and Vivid Commerce, Inc. (“Company,” “we,” “us”), a California corporation at 1 Harbor Drive, Suite 300, Sausalito, CA 94965, concerning your use of Vivid POS and related services (the “Services”). By accessing the Services you agree to be bound by these Terms; if you do not agree, discontinue use immediately. We will give prior notice of scheduled changes, and continued use constitutes acceptance. The Services are for users at least 18 years old.
1. Our Services
Vivid POS is a cloud-based point-of-sale solution for processing transactions, managing inventory, tracking sales, reporting, and integrating with payment processors and third-party tools, provided “as-is.” You are responsible for compliance with applicable local law. We comply with PCI DSS: we do not store full card numbers, CVV/CVC, or magnetic-stripe data, and payment data is encrypted in transit through PCI-compliant gateways. Merchants must use PCI-compliant hardware and not store card data insecurely.
2. Intellectual Property Rights
We own or license all intellectual property in the Services, including source code, databases, designs, text, and graphics (the “Content”) and all trademarks and logos (the “Marks”), provided “AS IS” for your internal business purpose only. We grant a non-exclusive, non-transferable, revocable license to access the Services and download or print Content you have properly accessed, solely for internal business use. No Content or Marks may be copied, distributed, sold, or commercially exploited without our express prior written permission. Any breach terminates your license. By sending us feedback, you assign us all rights in it for any lawful purpose without compensation.
3. User Representations
By using the Services you represent that your registration information is true and current and you will keep it accurate; you have legal capacity and agree to these Terms; you are not a minor; and you will not access the Services by automated means. If you provide untrue information, we may suspend or terminate your account. Keep your password confidential; you are responsible for all use of your account.
4. Purchases and Payment
We accept Visa, Mastercard, American Express, and Discover. You agree to provide and promptly update current, complete, and accurate purchase and account information. Sales tax will be added as required, prices may change at any time, and all payments are in US dollars. You authorize us to charge your payment provider upon order, and we may correct pricing errors even after payment. We may refuse or limit any order in our discretion.
5. Subscriptions, Billing, and Payment Disputes
Your subscription continues and automatically renews unless canceled, and you consent to recurring monthly charges to your payment method without prior approval for each charge until you cancel. You may cancel anytime at info@hellovivid.com, effective at the end of the current paid term. We may change subscription fees and will communicate price changes in accordance with applicable law. All fees are non-refundable except as required by law.
Dispute and chargeback procedure: Any dispute regarding a charge, fee, or subscription amount must first be raised directly with Vivid Commerce, Inc. in writing at info@hellovivid.com, and you must allow us at least thirty (30) days to investigate and resolve it before pursuing any other remedy. Vivid Commerce, Inc. is the sole party responsible for resolving billing disputes for the Services; our payment processors and acquiring banks (including Stripe, Square, and PayPal) act only as payment facilitators, are not parties to any dispute between you and us, and bear no responsibility for resolving it. Nothing here waives non-waivable rights you have under the Fair Credit Billing Act, card-network rules, or applicable law to dispute a charge with your card issuer or bank.
Initiating a chargeback, reversal, or payment dispute through your card issuer, bank, or any processor for an amount validly owed under these Terms, without first completing the procedure above, is a breach of these Terms. You remain liable for the full amount owed and agree to reimburse us for all resulting costs, including chargeback and processor fees, administrative costs, and reasonable attorneys’ fees and collection costs. Amounts recovered through a wrongful chargeback may be re-billed to your payment method, and we may suspend or terminate your account until all owed amounts are paid.
6. Software
Software included with the Services is governed by any accompanying end user license agreement (“EULA”). Absent a EULA, we grant a non-exclusive, revocable, personal, non-transferable license to use it solely with our Services, subject to the disclaimer in Section 11. You may not reproduce or redistribute software except as permitted.
7. Prohibited Activities
You may use the Services only for their intended purpose and not for unauthorized commercial endeavors. You agree not to: retrieve data to build a database without permission; defraud or mislead us or other users; circumvent or interfere with security features; harass or harm anyone; violate applicable law; upload viruses or disruptive material; use bots, scrapers, or data-mining tools; impersonate other users; overburden the Services; copy, decompile, or reverse engineer the software except as permitted by law; use the Services to compete with us; advertise or sell goods and services; or sell or transfer your profile. Violation may result in suspension or termination.
8. Privacy Policy
Our Privacy Policy at https://www.hellovivid.com/privacy-policy is incorporated into these Terms; by using the Services you agree to it. The Services are hosted in the United States, and if you access them from another region you consent to transferring and processing your data there.
9. Term and Termination
These Terms remain in effect while you use the Services. We may, in our sole discretion and without notice or liability, deny access to the Services to any person for any reason, including breach of these Terms or applicable law, and may terminate your use or delete your account and content at any time without warning. We may change, modify, or remove the Services at any time and cannot guarantee uninterrupted availability.
10. Governing Law and Dispute Resolution
These Terms and your use of the Services are governed by the laws of the State of California, applicable to agreements made and performed entirely within California, without regard to conflict of law principles.
Disputes not resolved through informal negotiation (except those excluded) will be finally resolved by binding arbitration under the AAA Commercial Arbitration Rules, held in Marin County, California. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Any court dispute must be brought in the state and federal courts of Marin County, California, and the parties consent to jurisdiction and venue there. Arbitration is limited to individual disputes, with no class or representative actions. Intellectual property disputes, unauthorized-use claims, and injunctive relief are excluded from arbitration.
11. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, AND YOUR USE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE SERVICES’ OR LINKED CONTENT OR ANY THIRD-PARTY PRODUCT OR SERVICE.
12. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION.
13. Indemnification
You agree to defend, indemnify, and hold us and our affiliates, officers, agents, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising from your use of the Services, your breach of these Terms or your representations, your violation of a third party’s rights, or any harmful act toward another user. We may assume exclusive defense and control of any such matter at your expense.
14. User Data and Electronic Communications
We maintain certain data you transmit to manage the Services. You are solely responsible for all data you transmit and waive any right of action for its loss or corruption. Using the Services and emailing us constitute electronic communications, which you consent to receive, and you agree that electronic agreements and notices satisfy any legal writing requirement. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES AND RECORDS.
15. California Users, Miscellaneous, and Contact
California residents: if a complaint is not resolved, you may contact the Complaint Assistance Unit of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.
These Terms and any posted policies constitute the entire agreement between you and us. Our failure to enforce any right is not a waiver. We may assign our rights and obligations at any time and are not liable for any failure caused by events beyond our reasonable control. If any provision is unenforceable, it is severable and the remaining provisions stay in effect. No partnership, employment, or agency relationship is created. Contact: Vivid Commerce, Inc., 1 Harbor Drive, Suite 300, Sausalito, CA 94965; (800) 496-0437; info@hellovivid.com.