Brava-logo-MixedBlues-Bold00

Contract Terms & Conditions

 

  1. Scope of the Contract

This is a service contract between you and Brava POS listed for use of the products, software, services, and/or websites (individually “Service” or collectively “Services”) that Brava POS supplies. Some of these Services may not be fully available in your country or region. This document forms a legally binding contract between you and Brava POS with regards to your use of the Services. Brava principal place of business is at 705 W 9th Street, Suite #702, Los Angeles, CA 90015

  1. Contract Acceptance

In order to use the Services, you must first agree to the Contract. You can accept the Contract by either clicking to accept or agree to the Contract, where this option is made available to you by Brava POS; by signing and sending the contract to Brava POS office at the above address; or by actually using the Services. In this case, you understand and agree that Brava POS will treat your use of the Services as acceptance of the Contract from that point onwards. You may not use the Services and may not accept the Contract if you are not of legal age to form a binding agreement with Brava POS or if you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

  1. Term

The Terms of this Contract will begin on the date indicated on the customer application start date field and will continue as agreed and as specify on customer application.

  1. Your content

Except for material that we license to you, Brava POS does not claim ownership of the content you provide on the service. Your content remains your content. Brava POS does not control, verify, or endorse the content that you and others make available on the Services.

You control who may access your content. If you share content in public areas of the service or in shared areas available to others you’ve chosen, then you agree that anyone you’ve shared content with may use that content. When you give others access to your content on the Services, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the Services made available by Brava POS. If you don’t want others to have those rights, don’t use the Services to share your content.

You understand that Brava POS may need, and you hereby grant us the right, to use, modify, adapt, reproduce, distribute, and display content posted on the Services solely to the extent necessary to provide the Services.

  1. Use of the Services by you

You agree to use the Services only for purposes that are permitted by the Contract and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Brava POS, unless you have been specifically allowed to do so in a separate agreement with Brava POS You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with Brava POS you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for and that Brava POS has no responsibility to you or to any third party for any breach of your obligations under the Contract and for the consequences (including any loss or damage which Brava POS may suffer) of any such breach.

  1. Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Brava POS for all activities that occur under your account.

  1. Brava POS Software

Any software we provide is licensed, not sold. Unless we notify you otherwise, the software license ends when your service ends. We may disable the Services provided to you and you must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that’s included in the service, except and only to the extent that the applicable copyright law expressly permits doing so. You agree that we reserve all other rights to the software.

The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or service without U.S. government permission to anyone on U.S. government exclusion lists including the governments of Iran, Sudan, or Cuba; or prohibited members of the Cuban Communist Party. You represent and warrant that you’re not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.

You may only use the Services for lawful purposes. Transmission of any material in violation of any Federal, State, or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.

  1. Software updates

The software, which you use, may automatically download and install updates from time to time from Brava POS. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Brava POS to deliver these to you) as part of your use of the Services.

  1. Changes to the software and cancellation

A particular service may be a prerelease version, a beta, for example, and may not work correctly or in the way a final version might work.

We may significantly change the final version or decide not to release a final version. You acknowledge and agree that Brava POS may create and use network, data, and resources with your domain for administrative, testing, and network infrastructure enhancement purposes.

  1. Service Modifications & Stoppage

Brava POS is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services, which Brava POS provides, may change from time to time without prior notice to you. Additionally, you acknowledge and agree that Brava POS may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Brava POS sole discretion, without prior notice to you. You acknowledge and agree that if Brava POS disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

  1. Proprietary rights

You acknowledge and agree that Brava POS owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Brava POS and that you shall not disclose such information without Brava POS prior written consent. Unless you have agreed otherwise in writing with Brava POS, nothing in the Contract gives you a right to use any of Brava POS trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

  1. Liability Limitations

You can recover from Brava POS and our affiliates, resellers, distributors, and vendors only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.

The limitations and exclusions apply to anything related to this contract, including the Services; loss of data; content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the service; viruses or other disabling features that affect your access to or use of the service; incompatibility between the Service and other services, software, and hardware; delays or failures you may have in starting or completing transmissions or transactions in connection with the Service in an accurate or timely manner; claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation.

The limitations and exclusions apply to anything related to this contract, including the Services; loss of data; content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the service; viruses or other disabling features that affect your access to or use of the service; incompatibility between the Service and other services, software, and hardware; delays or failures you may have in starting or completing transmissions or transactions in connection with the Service in an accurate or timely manner; claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.

  1. Third Party Indemnification

You agree to defend, indemnify, save, and hold Brava POS harmless from any and all demands, liabilities, losses, costs, and claims, including all attorneys’ fees asserted against us, our agents, customers, servants, officers, and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless Brava POS against Liabilities arising out of any of the following: Any injury to person or property caused by any products sold or otherwise distributed in connection with our Services; Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; Copyright infringement; and defective product which you sold with our Services offered by Brava Pos.

  1. Payment and Policies

14.1 Cooling off period

When you request a Service from us, you agree that we may begin to provide the Service immediately and that you will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling off period despite your waiver and even when the Service starts right away.

14.2 Payment

You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the Service using your payment method. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you up to the amount you’ve approved, and we’ll notify you of the difference for recurring subscription

Services. We may bill you simultaneously for more than one of your prior billing periods. We may automatically renew your Service and charge you for any renewal term.

You will be charged through electronic check (ACH) or credit card for the Brava POS services. You are required to have bank information or credit card on file with Brava POS to render payments. In the event of missing account information or declined transaction, Brava POS may use your other credit card, if on file. Brava Pos.

14.3 Updates to your billing account

You must keep all information in your billing account current. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid service, we may cancel that service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.

14.4 Trial period offers

Unless we notify you otherwise, if you’re participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring new charges. If you do not cancel your service and we have told you the service will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the service.

14.5 Prices and price increases

All pricings are available online at http://www.BravaPos.com we reserve the right to change, update and increase our prices as we see fit, with a 30 days notice to the account holder. Customers who are already signed into a specific pricing structure will be automatically renewed when their contract or agreement expires.

The price stated for the Services excludes all taxes, Internet and phone charges, unless stated otherwise. You’re responsible for any taxes and for all other charges (for example, phone charges and currency exchange settlements).

We’ll notify you if we change the price of the service. If there’s a specific length and price for your service offer, that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price according to company pricing and packages at that time. If your service is on a period basis (for example, monthly) with no specific length, we’ll notify you of any price. If you don’t agree to these changes, you must cancel and stop using the service before the changes take place

14.6 Refund policies

Unless otherwise provided by law or by a particular service offer, all charges are earned when received and are nonrefundable, and the costs of any returns will be at your expense. If customer is signed up to a long-term agreement and wishes to cancel, customer will continue to pay his dues regardless of service usage.

14.7 Billing errors

If we make an error on your bill, we’ll correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. If you don’t tell us within that time, you release us from all liability and claims of loss resulting from the error; we won’t be required to correct the error or compensate you.

In an event that a refund is necessary due to billing errors, and the customer has an open balance with Brava POS, refund will be applied towards the open balance first. Anything in excess will be refunded by check or back to the original credit card.

14.8 Late payments

Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be $5 per day per POS or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time. Any location that will be disabled or service-interrupted due to billing issues will incur a $35 reactivation fee.

14.9 Cancellation of Service

Customer is entitled to cancel; customer may submit a cancellation letter to Billing@BravaPos.com. Cancellation must be received 48 hours prior to next billing cycle to allow enough time to update our billing system. If Brava POS did not get notification of cancellation, regardless if system is being used, Brava POS will continue to bill customer until cancellation letter received.

Customers under a 12-month contract are responsible for their service fees until the contract has ended. If customer wishes to cancel within that period, customer will be charged service fees for the remaining months at the time of cancellation. Contract end dates are indicated in your monthly invoice.

  1. Payments to you your right to any payment due to you under the Services are conditioned upon you promptly providing us with all of the information we need to properly make the payment. You must provide us with the information we request before your right to receive the payment accrues. You’re responsible for the accuracy of the information you provide and for any taxes and charges you may incur. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce your earned balance without notice to adjust for the previous overpayment.

 

  1. General legal terms

16.1 Interpreting the contract

All parts of this contract apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won’t change. This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the service. If you have confidentiality obligations related to the service for example, you may have been a beta tester those obligations remain. Other terms may apply when you use or pay for other Brava POS services. The contract’s section titles don’t limit its terms. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

16.2 Assignment and transfer

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the service.

16.3 No third-party beneficiaries

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

16.4 Claims

You must bring any claim related to this Contract or the Services within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn’t filed in time, the claim is permanently barred.

16.5 Brava POS remedies

You agree that if Brava POS does not exercise or enforce any legal right or remedy which is contained in the Contract (or which Brava POS has the benefit of under any applicable law), this will not be taken to be a formal waiver of Brava POS rights and that those rights or remedies will still be available to Brava POS.

16.6 Notices

This contract may be in electronic or paper form. We don’t accept email notices. You agree that Brava POS may provide you with notices, including those regarding changes to the Contract, by email, regular mail, or postings on the Services.

16.7 Disputes

In the event a dispute arises out of or in connection with this Contract the parties will attempt to resolve the dispute through friendly consultation.

If the dispute is not resolved within a reasonable period then any or all-outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of California. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of California.

16.8 Jurisdiction

The Terms, and your relationship with Brava POS under the Contract, shall be governed by the laws of the State of San Diego California without regard to its conflict of laws provisions. You and Brava POS agree to submit to the exclusive jurisdiction of the courts located within the county of San Diego, California to resolve any legal matter arising from the Contract. Notwithstanding this, you agree that Brava POS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.