GoDaddy Poynt Point of Sale Agreement

The Universal Terms of Service Agreement (the "Agreement") sets forth the general terms and conditions of your use of the Site and the Services. This Point of Sale Agreement ( the "Point of Sale Agreement") governs your use of GoDaddy Poynt's point of sale terminals ("Terminals") and associated services including the Terminal Accessories and the Software both as defined below (collectively the "POS Products). Your purchase of any POS Product is between you and Poynt LLC. By purchasing the POS Product, you agree to the Point of Sale Agreement. Capitalized terms used, but not defined, in this Point of Sale Agreement, are defined in the Agreement which is hereby incorporated by reference. Please review this Point of Sale Agreement each time you make a purchase of a POS Product. We may update or change the Point of Sale Agreement at any time and without notice to you. The terms that apply to each purchase of POS Products will be the Point of Sale Agreement posted here at the time you place your order.

1. Smart Terminal. The Poynt Smart Terminal includes all-in-one point of sale with dual screens and comes with built-in payment processing powered by GoDaddy Payments, receipt printer to provide paper receipt options in addition to email & SMS, barcode scanner for quickly scanning product tags, and enables cross channel sales by connecting online and in-person sales. Accepts all major credit and debit cards along with Apple Pay and Google Pay.
2. Card Reader. The Poynt Card Reader includes portable point of sale for on-the-go selling that includes a charging dock for hands-free usage. Equipped with swipe, insert, and contactless capability to accept major credit and debit cards any way along with Apple Pay and Google Pay. Pairs with the GoDaddy Mobile app to take payment and track orders from anywhere.
3. Accessories. POS Products may come with associated accessories ("Terminal Accessories"), which may include: power cables, USB printers, paper rolls, cash drawers, USB/HID barcode scanner, and wireless printers.
4. Support. Our POS Product support includes resources and documentation that we make available to you through the current versions of our support pages, API documentation, and other pages on our website (collectively, “Documentation”).

1. Availability. The POS Products may from time to time be unavailable or we may be unable to obtain a sufficient supply of POS Products. There may also be occasions where we confirm your order but subsequently learn that we are unable to supply your POS Product. Therefore, we reserve the right at any time to limit or change quantities available for purchase or to cancel your order. If we cancel you order, we will refund your purchase price in full.
2. Restrictions.
   1. We sell and ship POS Products only to customers located in the United States and Canada. We do not sell or ship POS Products to Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa or the Northern Mariana Islands and our POS Products are not supported in any such U.S. territory.
   2. You may not purchase POS Products for resale, and we reserve the right to refuse or cancel your order if we believe you will do so.
   3. You must not, and must not enable or permit any third party to:
      1. ship the POS Product outside of the country to which we have shipped that product;
      2. use the POS Product in any country other than the country to which we have shipped that product, except as otherwise expressly preapproved by us in writing;
      3. where the POS Product is registered to a location, move the POS Product to a new location without registering the device to its new location and downloading the local device configuration; or
      4. represent, or use any technical measures in an attempt to represent, that the location of the POS Product is a location different from its actual physical location.

We will ship POS Products using a carrier selected by us. Your order complete purchase page shows your shipping method and any shipping fees. While we will try to meet your shipment and delivery dates, we may be unable to do so in the event of low POS Products inventory or other circumstances beyond our control. Therefore, we are not liable for late shipment or delivery or any loss, damage, or penalty you incur from any delay in shipment or delivery. Notwithstanding the foregoing, risk of loss and title for POS Products pass to you upon shipment to you.

If you are not fully satisfied with your purchase, you may return your POS Product within thirty (30) days of it being shipped to you. POS Products must be in original condition and packaging, and you must enclose the original packaging slip. Additionally, we must receive the POS Product before a refund may be issued. We will refund your purchase price in full and cover the cost of return shipping. You must return all POS Product, Hardware Accesories and documentation that were included with the original package. Refunds will be applied to the original purchase method. Only POS Products purchased directly from us can be returned to us. POS Products you purchase through our authorized retail partners must be returned in accordance with their respective return policies.

1. Limited Warranty for Terminals. We warrant your Terminal against defects in materials and workmanship under normal use for a period of one (1) year from the shipping date. We will replace such defective Terminals at no cost to you. However, you must return the defective Terminals to us at the designated address and in the designated box, with all accessories, cords, cables, parts and documentation included, within fourteen (14) days of receiving your replacement Terminals. You will be asked to provide a payment card number to us when you initiate a warranty-based return. In the event you fail to return your defective Terminals pursuant to the process and time frame specified by us, we will charge either your GoDaddy Account (if there is a balance) or the card you provided when you initiated your warranty-based return. This is your sole and exclusive remedy for breach of this limited warranty. This limited warranty is only available to you as the original purchaser of the Terminals. Warranty coverage terminates if you sell or transfer your Terminals. No GoDaddy reseller, agent, or employee is authorized to make any modification, extension, or addition to this limited warranty. To initiate a warranty-based return, call 480-463-8390.
   
   This limited warranty does not apply to Terminals that have been subject to alteration, repair, tampering, accident, abuse, misuse, fire, acts of God (including, without limitation, earthquake, flood, hurricane, lightning, or tornado) or other external causes. This limited warranty does not apply to any third-party hardware, additional accessories, any consumable parts, including batteries, or any software, even if resold or included with the Terminal. All third-party hardware resold or included by us is provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its hardware. For service, support, or warranty assistance, you should contact such manufacturer directly.
   
   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO ANY OF OUR TERMINALS OR THIRD-PARTY HARDWARE. ACCORDINGLY, WE EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST HIDDEN OR LATENT DEFECTS. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION AND REMEDY OF THIS LIMITED WARRANTY. IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE OR FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES HOWEVER CAUSED ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY TERMINALS OR THIRD PARTY PRODUCTS, INCLUDING LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF GOODWILL, OR LOSS OF REPUTATION.
2. Renting Terminals
   1. Rental Fee Obligation. You are obligated to pay the rental fee for each device as long as the device remains in your possession. The rental fee is non-refundable and must be paid according to the agreed schedule.
   2. Return of Rented Terminals. You are required to return the rented terminals to us when you are no longer using the device(s). The devices should be returned in good working condition, without any damage beyond normal wear and tear.
   3. Non-Return Penalty. If the rented devices are not returned within 30 days after we provide you the return shipping label for the device(s), we reserve the right to charge a penalty fee of $300 per device. This penalty fee will be in addition to any outstanding rental fees.
   4. Device Condition and Responsibility. You are responsible for maintaining the rented devices in good working order and condition. Any damage or loss of the devices during the rental period will be the merchant's responsibility, and we may charge for repairs or replacement costs.
   5. Payment Terms. The rental fee must be paid in accordance with the billing cycle agreed upon at the start of the rental period. Failure to make timely payments may result in additional fees or the termination of the rental agreement.

Limited Warranty for Terminal Accessories. We warrant your Terminal Accessories against defects in materials and workmanship under normal use for a period of thirty (30) calendar days from the shipping date. We will replace such defective Terminal Accessories at no cost to you. However, you must return the defective Terminal Accessories to us at the designated address and in the designated box, with all accessories, cords, cables, parts and documentation included, within fourteen (14) days of receiving your replacement Terminal Accessories. You will be asked to provide a payment card number to us when you initiate a warranty-based return. In the event you fail to return your defective Terminal Accessories pursuant to the process and time frame specified by us, we will charge either your GoDaddy Account (if there is a balance) or the card you provided when you initiated your warranty-based return. This is your sole and exclusive remedy for breach of this limited warranty. This limited warranty is only available to you as the original purchaser of the Terminal Accessories. Warranty coverage terminates if you sell or transfer your Terminal Accessories. No GoDaddy reseller, agent, or employee is authorized to make any modification, extension, or addition to this limited warranty. To initiate a warranty-based return, call 480-463-8390.

This limited warranty does not apply to Terminal Accessories that have been subject to alteration, repair, tampering, accident, abuse, misuse, fire, acts of God (including, without limitation, earthquake, flood, hurricane, lightning, or tornado) or other external causes. This limited warranty does not apply to any third-party hardware, additional accessories, any consumable parts, including batteries, or any software, even if resold or included with the POS Product. All third-party hardware resold or included by us is provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its hardware. For service, support, or warranty assistance, you should contact the manufacturer directly.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO ANY OF OUR POS PRODUCTS OR THIRD-PARTY HARDWARE. ACCORDINGLY, WE EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST HIDDEN OR LATENT DEFECTS. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION AND REMEDY OF THIS LIMITED WARRANTY. IN NO EVENT WILLWE BE LIABLE FOR ANY LOSS OR DAMAGE OR FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES HOWEVER CAUSED ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY OF OUR POS PRODUCTS OR THIRD PARTY PRODUCTS, INCLUDING LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF GOODWILL, OR LOSS OF REPUTATION.

1. You must use the POS Products in a manner that is consistent with the terms of this Point of Sale Agreement.
2. You must ensure that only competent trained employees (or persons under their supervision) are allowed to operate or use the POS Products and that adequate security measures are put in place to safeguard the POS Products and data collected by and held on the POS Products.
3. You must only use the POS Products for the purpose for which it is provided and in accordance with all relevant Documentation.
4. You must use the POS Products in a lawful manner, and must obey all laws, rules, and regulations and other binding requirements or standards of any governmental authority (collectively “Law”) that apply to your use of the POS Products. This may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising.
5. use the POS Products to enable any party (including you) to benefit from any activities we have identified as a prohibited business or activity as listed at https://www.godaddy.com/help/prohibited-businesses-with-godaddy-payments-40682. Prohibited businesses include use of the POS Products in or for the benefit of a country, organization, entity, or person embargoed, blocked or on a sanctions list identified by any government, government body or supranational body;
6. You will not copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the POS Products, Documentation, or our website except as expressly permitted by applicable Law;
7. You will not transfer any rights granted to you under these terms unless otherwise agreed between you and us in writing;
8. You will not work around any of the technical limitations implemented in the POS Products or enable functionality that is disabled or prohibited;
9. You will not reverse engineer or attempt to reverse engineer the POS Products except as expressly permitted by applicable Law;
10. You will not perform or attempt to perform any actions that would interfere with the normal operation of a the POS Products or impact the use of the POS Products by other users; or
11. You will not impose an unreasonable or disproportionately large load on our services.

If we suspect or know that you are using or have used the POS Products for unauthorized, fraudulent, or illegal purposes, or in a manner that exposes you, us, or others to risks unacceptable to us, we may limit or disable the functionality of your the POS Products, until such time as you demonstrate to our reasonable satisfaction that our suspicion was unfounded, or you provide us with sufficient assurances that the unacceptable use has been appropriately mitigated and will not recur.

The POS Products may be subject to foreign export control Law and must be purchased, exported, transferred, and used in compliance with all applicable export Law. We do not claim and do not guarantee that the POS Products shipped to an address in any given country will be appropriate or available for use in any other country or comply with applicable Law governing export, import, or foreign use. You must comply with all international and national export controls Law, and the end user, end use and destination restrictions imposed by any country, that apply to the POS Products you purchase or receive from us under this Point of Sale Agreement.

1. The Software is defined in and licensed under the GoDaddy - Poynt OS End User License Agreement (“End User License Agreement”). You, and your use of the POS Products, must comply with the End User License Agreement.
2. You are responsible for installing, integrating and maintaining the POS Products, which includes updating the Software as may be required by us or the original equipment manufacturer (OEM) from time to time under the End User License Agreement. We will not be obligated to provide services or support for any the POS Products that contains an outdated version of the Software.