Terms of Use and End-User License Agreement (EULA)

For these Terms, the following definitions apply:

• Platform: the software, interfaces, web resources, documentation and services offered under the ePOS Soft brand.
• Customer: the business, sole trader, company, association or other organization that creates or maintains an account to manage its own commercial operation.
• Business workspace: the logically isolated environment associated with the Customer, containing users, products, customers, tables, orders, sales, cash activity, financial records, settings and other operational data.
• User: an individual authorized by the Customer to access the Platform using individual credentials.
• End Customer: a consumer or customer served by the Customer whose data may be recorded in the Platform.
• Customer Data: information entered, imported or generated from the Customer’s operation, including registrations, orders, sales, stock, cash, reports and End Customer data.
• ePOS Soft Operator: the legal entity or commercial operator identified in the checkout, proposal, invoice, billing document or other commercial instrument applicable to the subscription.

ePOS Soft is a digital point-of-sale and business management platform designed for retail stores, restaurants and bars, quick-service operations, groceries and convenience stores, and service businesses. Depending on the business segment, plan and enabled resources, the Platform may provide sales, products and stock, customers, cash control, finance and reports and, when applicable, tables, orders and kitchen workflow.

These Terms govern the software license and the related digital services. Features, limits, prices, currencies, billing cycles and plan inclusions are those presented at purchase or otherwise agreed commercially with the Customer.

ePOS Soft is a management support tool. Unless a specific feature is expressly made available and contracted, the Platform does not replace fiscal, accounting or banking systems, does not calculate or collect taxes and does not issue official tax documents.

Payment methods recorded in sales represent operational information supplied by the business. ePOS Soft does not, merely by recording those methods, act as an acquirer, sub-acquirer, payment institution or financial institution in the relationship between the Customer and its End Customers.

Reports, balances, margins, stock and indicators depend on information entered by Users. The Customer remains responsible for checking entries, prices, costs, taxes, fiscal documents and accounting obligations with qualified professionals when appropriate.

By creating an account, electronically accepting these Terms or using the Platform, the Customer represents that it: (i) has legal capacity to contract; (ii) acts on its own behalf or has authority to represent the registered organization; (iii) will provide accurate and current information; and (iv) has read and agreed to these Terms and the Privacy Policy.

Where registration is performed by an employee, owner, director or authorized contractor, that person is deemed to have sufficient authority to bind the represented organization. The Customer must revoke access when that authority ends.

The Customer is responsible for its business workspace and the activities of its Users. Each person must use individual credentials. Passwords, tokens or authenticated sessions may not be shared to bypass plan limits or security controls.

Access may be granted only to persons acting for or legitimately authorized by the Customer, such as owners, employees, managers, cashiers, kitchen staff, administrators and service providers supporting the business.

The Customer must keep its primary email, registration information and contact methods current for account recovery, billing and security notices. ePOS Soft may request reasonable identity or business verification where fraud, abuse or account compromise is suspected.

While the account remains active and compliant with these Terms, ePOS Soft grants the Customer a limited, non-exclusive, non-transferable, revocable and non-sublicensable license to access and use the Platform for the management of the Customer’s own commercial operation.

The license does not transfer ownership of the software, source code, brand, documentation, components, layouts or other intellectual assets. No rights are granted beyond those expressly stated in these Terms.

Any integrations, APIs or technical credentials made available remain tied to the business workspace and must be protected by the Customer. Access may be limited or revoked where necessary to protect security, stability, availability or integrity.

The Platform must be used in good faith, lawfully and for its intended business purpose. The Customer must not:

• resell, rent, sublicense, assign or offer Platform access as its own product without written authorization;
• share credentials or create access intended to evade User, plan or technical limits;
• reverse engineer, decompile, disassemble or attempt to obtain protected source code, trade secrets or internal mechanisms;
• exploit vulnerabilities or bypass authentication, permissions, rate limits or security controls;
• use bots, crawlers, scripts or automation for mass extraction outside officially provided resources;
• insert unlawful, fraudulent or malicious content or personal data without an appropriate legal basis;
• use the Platform for phishing, fraud, harassment, spam or other activity that infringes third-party rights;
• systematically copy protected product elements to reproduce the software or build a substantially derived copy.

Violations may result in preventive blocking, suspension or termination, without prejudice to claims for losses and other lawful remedies. Computer software is protected by applicable intellectual-property legislation, including Brazilian Law No. 9,609/1998 where applicable.

Customer Data remains owned by the Customer or the relevant data subjects. ePOS Soft receives only the authorization necessary to host, process, protect and transmit such data for service delivery, legal compliance, security and the purposes described in the Privacy Policy.

The ePOS Soft brand, source code, documentation, original interface elements, proprietary text, visual identity and other protectable assets remain the property of their respective owners and are not transferred by a subscription.

Non-public technical information, credentials, pre-release features, restricted documentation and individually negotiated commercial terms must be treated as confidential by both parties. This does not apply to information that lawfully becomes public, is lawfully received from a third party or must be disclosed by law or competent authority.

For personal data concerning End Customers, employees and other third parties entered by the Customer, the Customer generally acts as Controller and the ePOS Soft Operator acts as Processor, under applicable data-protection law.

The Customer determines what data is entered, its purpose, legal basis, authorized Users and required retention period. The Customer is responsible for responding to data-subject requests related to such data, with reasonable technical assistance from ePOS Soft where applicable.

For account registration, billing, security, authentication, access logs and contractual relationship data, the ePOS Soft Operator may act as Controller. Infrastructure, email, storage, monitoring and payment providers may act as subprocessors or independent controllers depending on the service.

The Customer agrees to receive communications necessary to perform the contract, including security notices, access recovery, material service changes, billing, maintenance and updates to these Terms. Such operational communications may be sent while the account remains active.

Marketing communications, where used, will follow applicable preferences and legal requirements and will provide a reasonable unsubscribe mechanism where required.

ePOS Soft may offer a free plan and paid plans. Paid plans may use monthly or yearly billing where those cycles are enabled. Prices, limits, currency, features and commercial conditions are those displayed at the time of purchase or agreed in a specific proposal.

Subscription billing may be processed by an integrated payment provider, currently including Asaas when configured by the Operator. Where checkout is hosted by a third party, full payment-card or payment-instrument data is handled by that provider under its own terms and policies.

Where an offer states automatic renewal, the subscription renews for the applicable cycle until cancelled. Payment failures may lead to retry attempts, billing notices, feature restrictions or suspension in accordance with the commercial configuration and applicable law.

Public registration may be linked to an active commercial free plan where available. A free plan may include User, capacity, feature or other limits defined in the current offer.

ePOS Soft may also provide evaluations of paid features or promotional periods. Where offered, duration, functionality and conditions will be presented before activation. A free plan does not by itself guarantee unlimited or permanent access to all paid features.

Material reductions to an existing free offer will be communicated with reasonable advance notice where practicable, except in cases involving abuse, security, fraud, legal orders or urgent technical necessity.

The Customer may request cancellation of a paid subscription through the official channels made available. Unless otherwise stated at purchase, cancellation prevents future renewals and does not automatically delete account data.

Amounts relating to a billing period already started are generally not refunded pro rata, except in cases of incorrect or duplicate charges, a specific commercial commitment, a recognized service failure creating a refund right, or a mandatory legal requirement.

If the relationship is legally characterized as a consumer relationship and a mandatory withdrawal, refund or other non-waivable right applies, that legal rule prevails over any conflicting provision in these Terms.

ePOS Soft uses reasonable efforts to keep the Platform secure and available, but does not guarantee uninterrupted or error-free operation. Maintenance, updates, infrastructure outages, third-party failures, network incidents, attacks, force majeure and other events outside reasonable control may occur.

No financial SLA, automatic service credit or guaranteed minimum availability percentage applies unless a separate written contract expressly states otherwise.

Support is provided through official channels identified on the website, in the Platform or in the commercial arrangement. Response times and priority may vary by plan, severity, service hours and the nature of the request.

While the account is active, operational data remains associated with the Customer’s business workspace and may be viewed or exported through the functionality available in the Platform.

After cancellation, permanent suspension or termination, data may be retained as necessary for legal obligations, fraud prevention, legal claims, security routines, incident recovery and any reactivation window communicated to the Customer. After the applicable period, data may be deleted or anonymized.

The Customer should keep its own copies of business-critical information and perform periodic exports where supported. Operational backups, where maintained, exist for service continuity and do not constitute a permanent individual archive available on demand.

The Platform is provided as available and evolves continuously. To the extent permitted by law, ePOS Soft does not warrant that every feature will be suitable for an uncontracted specific purpose or that third-party integrations will remain available indefinitely.

Products, prices, costs, stock, cash entries, payment methods, orders and other operational information reflect data entered by the Customer and its Users. ePOS Soft does not automatically audit the economic, tax or accounting accuracy of that information.

Purchasing, pricing, staffing, taxation, accounting and management decisions remain the Customer’s responsibility and should not be based exclusively on a system report without appropriate validation.

To the maximum extent permitted by applicable law, ePOS Soft is not liable for indirect or consequential damages, lost profits, lost opportunities, losses caused by incorrect entries, third-party unavailability or use of the Platform contrary to these Terms.

Where contractual limitations are permitted and no more favorable commercial term applies, the ePOS Soft Operator’s aggregate direct liability will be limited to the amount actually paid by the Customer for the subscription during the 12 months preceding the event giving rise to the claim.

This limitation does not apply where prohibited by law, including intentional misconduct, non-waivable consumer rights or other situations in which liability may not lawfully be limited by contract.

Access may be suspended, limited or terminated for violation of these Terms, fraud, unlawful use, material security risk, intrusion attempts, compromised credentials, non-payment of a paid plan, orders from competent authorities, or use likely to harm the Platform, other customers or third parties.

Where the risk permits, the Customer will be informed and given a reasonable opportunity to correct the issue. Immediate measures may be taken to contain fraud, security incidents, serious abuse or to comply with legal orders.

Obligations that by their nature should survive termination — including intellectual property, confidentiality, data protection, liability and dispute-resolution provisions — remain effective.

These Terms may be updated to reflect product evolution, new functionality, security changes, commercial adjustments or legal requirements. Material changes will be communicated by reasonable means, such as an in-product notice, the registered email address or prominent publication.

Where a change requires renewed consent under applicable law or materially changes an essential obligation, ePOS Soft may request acceptance again. Continued use after a properly notified effective date may constitute acceptance where legally permitted.

The Customer may not transfer the account, license or these Terms to a third party for the purpose of reselling the service or replacing the contracting organization without authorization from ePOS Soft.

The ePOS Soft Operator may transfer the Platform operation, assets, contracts or related rights in a corporate reorganization, acquisition, merger, business-unit sale or equivalent transaction, while preserving applicable legal obligations and communicating material changes where required.

If any provision of these Terms is held invalid, unlawful or unenforceable, it will be interpreted or adjusted only to the extent necessary to preserve its lawful purpose without invalidating the remaining provisions.

Failure to enforce a breach does not waive any right. These Terms, the Privacy Policy, the accepted commercial offer and any specific agreement form the contractual framework governing the Platform. Expressly negotiated specific terms prevail over general terms for the subject matter they govern.

Where the ePOS Soft contractual Operator is established in Brazil, the agreement will be interpreted under the laws of the Federative Republic of Brazil, including the Civil Code, Software Law, Copyright Law, Brazilian Internet Civil Rights Framework and Brazilian General Data Protection Law where applicable.

Where the contractual Operator is established in another jurisdiction, the law and forum identified in the checkout, proposal, invoice or applicable commercial instrument will govern. Mandatory consumer-protection and jurisdiction rules that cannot lawfully be waived remain preserved in all cases.

Before court proceedings, the parties are encouraged to seek resolution through official support and relationship channels, without limiting urgent remedies or the regular exercise of legal rights.

Questions about these Terms, subscriptions, billing or Platform use should be submitted through the official channels available on epossoft.com, inside the authenticated area or in the applicable commercial document.

The legal name, tax or registration number, address and other details of the operator responsible for the contractual relationship are those identified in the checkout, invoice, proposal or commercial document issued to the Customer. That identification forms part of these Terms.

Requests concerning personal data should be submitted through the privacy channel identified in the Privacy Policy.