Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer") and DMD Tech Inc. ("DMD Tech", "we", "us") governing your access to and use of Cloud Mobil POS (the "Service").

By registering for an account, starting a free trial, or continuing to use the Service after any update to these Terms, you agree to be bound by them. If you are accepting on behalf of a company, you represent that you have the authority to bind that entity. If you do not agree, do not use the Service.

2. The Service & Plans

Cloud Mobil POS is a cloud-hosted SaaS point-of-sale and inventory management platform for Canadian retail businesses. We offer the following subscription tiers:

Add-ons (additional warehouses at $15/mo, additional registers at $10/mo) are available on all plans and billed monthly with your subscription.

All prices are in Canadian dollars (CAD) and exclude applicable sales taxes (HST/GST). Annual billing saves 10% and is charged upfront for a 12-month period. Feature availability may change between plan tiers; current features are always shown on the Pricing page.

3. Free Trial

New accounts receive a 14-day free trial with no credit card required. During the trial you have access to the features of your selected plan. At the end of the trial period, access is suspended until a paid subscription is activated. Your data is retained for 30 days after trial expiry before permanent deletion.

DMD Tech reserves the right to modify or discontinue trial terms at any time.

4. Subscription & Billing

4.1 Payment

Subscriptions are billed via Stripe. By providing payment details you authorize DMD Tech to charge your payment method on a recurring basis for the selected plan and billing cycle. All charges are non-refundable except as required by law or as expressly stated herein.

4.2 Upgrades & Downgrades

Upgrades take effect immediately and are prorated. Downgrades take effect at the start of the next billing period; your current plan's features remain active until then.

4.3 Late Payment

If payment fails, we will attempt to charge again within 3 business days. After two failed attempts your account may be suspended until payment is resolved. You remain responsible for all amounts due.

4.4 Taxes

Applicable Canadian federal and provincial taxes will be added to your invoice based on your billing address. You are responsible for all taxes applicable in your jurisdiction.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Introduce malware, viruses, or other harmful code.
• Reverse engineer, decompile, or create derivative works from the Service.
• Resell or sublicense access to the Service without our prior written consent.
• Use the Service to store or process regulated personal health data (PHI) without a separate data processing agreement.
• Conduct load testing or penetration testing without prior written approval.

We reserve the right to suspend or terminate accounts that violate this section immediately and without refund.

6. Intellectual Property

Cloud Mobil POS, including all software, designs, trademarks, and documentation, is the exclusive property of DMD Tech Inc. and is protected by Canadian copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes during the term of your subscription.

Your data remains yours. You retain all rights to the business data you input into the Service (products, sales, customers). We do not claim ownership of your data.

7. Data & Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you consent to the data practices described in the Privacy Policy.

We store customer data on servers located in Canada or the United States (Railway.app infrastructure). Data transfers outside Canada comply with applicable Canadian privacy law.

8. Service Levels & Support

We target high availability for all plans but do not provide a financially-backed uptime SLA on Starter, Growth, or Pro plans. Scheduled maintenance windows will be announced in advance where possible.

Enterprise customers receive a written SLA and priority support as part of their custom agreement. Contact us at [email protected] to discuss Enterprise terms.

Support channels for non-Enterprise plans:

• Email support via [email protected]
• In-app contact form at /contact

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DMD Tech does not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. You use the Service at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DMD TECH'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

IN NO EVENT WILL DMD TECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Termination

11.1 By You

You may cancel your subscription at any time from your account profile or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are issued for unused time in the current period.

11.2 By DMD Tech

We may suspend or terminate your access immediately if you breach these Terms, fail to pay, or if continued operation would expose us or others to legal or security risk. Where practical, we will provide advance notice.

11.3 Effect of Termination

Upon termination, your licence to use the Service ends. Your data is retained for 30 days during which you may request an export. After 30 days your tenant database is permanently deleted. Financial records are retained for 7 years as required by the Income Tax Act (Canada).

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising from these Terms shall be resolved exclusively in the courts of Ontario, Canada, and you consent to the personal jurisdiction of those courts.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email to the address on file and/or by a prominent notice within the Service at least 14 days before taking effect.

Continued use of the Service after the effective date of revised Terms constitutes acceptance of those Terms. The current version date is always displayed at the top of this page.

Questions about these Terms? Contact us at [email protected].