Agreement Overview
Effective Date: August 12, 2026 These Terms of Service (this "Agreement") are entered into between Tillr Go LLC ("Tillr Go," "we," or "us") and the business entity or individual accepting these terms ("Customer," "Subscriber," or "you"). Tillr Go operates the Tillr point-of-sale software platform, associated mobile applications, APIs, and related software services (collectively, the "Service" or "Platform"). Certain payment-related services, terminal onboarding, processor connectivity, and payment facilitation workflows may be provided, supported, or contracted through Tillr Pay LLC ("Tillr Pay") or one or more third-party payment processors, acquiring banks, independent sales organizations, or payment facilitators (collectively, "Payment Providers"). Tillr Go and Tillr Pay are affiliates and are collectively referred to in this Agreement as "Tillr" where the context requires. BY CLICKING "I AGREE," COMPLETING REGISTRATION, OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. You represent that you have the authority to bind the business entity on whose behalf you are accepting this Agreement. If you are accepting on behalf of an entity, references to "you" include that entity.
1. Definitions
The following terms have the meanings set forth below throughout this Agreement: "Authorized Users" means employees, contractors, or agents of Customer who are permitted by Customer to access and use the Service under Customer's account. "Customer Data" means all data, information, and content submitted to or processed through the Service by Customer or its Authorized Users, including transaction records, inventory data, customer information, and employee records. "Documentation" means any user guides, technical specifications, and support materials made available by Tillr in connection with the Service. "Commercial Schedule" means an order form, written quote, hardware order, implementation statement of work, or other written checkout record that identifies separately priced products or services. "Payment Provider" means Tillr Pay and/or any third-party payment processor, acquiring bank, independent sales organization, gateway, terminal provider, or payment facilitator integrated with or used in connection with the Service. "Tillr Pay Eligibility Requirements" means using Tillr Pay as the business’s primary payment processor, subject to required onboarding, approval, underwriting, and applicable payment terms.
2. The Service
2.1 Service Description
Tillr Go provides a cloud-based, mobile point-of-sale platform designed for retail businesses. The Service includes inventory management, payment-processing connectivity, age verification tools, employee management, sales reporting, loyalty program management, and related features as described in the Documentation and updated from time to time.
2.2 License Grant
Subject to this Agreement, the Tillr Pay Eligibility Requirements where applicable, payment of any separately agreed charges, and continued account eligibility, Tillr Go grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for Customer's internal business operations.
2.3 Restrictions
Customer shall not, and shall ensure that Authorized Users do not:
- ›Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
- ›Copy, modify, adapt, translate, or create derivative works based upon the Service
- ›Resell, sublicense, transfer, assign, or otherwise make the Service available to third parties
- ›Use the Service to provide services to third parties on a service bureau or outsourcing basis
- ›Remove, alter, or obscure any proprietary notices, labels, or marks on the Service
- ›Use the Service in violation of any applicable law, regulation, or ordinance
- ›Use the Service to process transactions involving illegal products or activities
- ›Attempt to gain unauthorized access to the Service or its related systems
- ›Interfere with or disrupt the integrity or performance of the Service
2.4 Updates and Modifications
Tillr reserves the right to modify, update, or discontinue features of the Service at any time. For material changes that materially and adversely affect Customer's use, Tillr will provide reasonable advance notice where practicable. Continued use of the Service following notice of changes constitutes acceptance of such changes.
2.5 Beta, Preview, and Experimental Features
Tillr may make beta, preview, pilot, experimental, AI-assisted, hardware, integration, or early-access features available from time to time. These features may be incomplete, unstable, changed, suspended, or discontinued at any time, may not be covered by uptime commitments or support targets, and are provided for evaluation or limited production use only unless Tillr states otherwise in writing. Customer uses beta features at its own risk and remains responsible for reviewing outputs, validating workflows, and maintaining appropriate backups and controls.
2.6 APIs, Integrations, and Developer Access
If Customer uses Tillr APIs, webhooks, tokens, integrations, or developer tools, Customer is responsible for securing credentials, rotating compromised keys, validating webhook signatures where supported, complying with rate limits and documentation, and ensuring integrated systems comply with this Agreement and applicable law. Tillr may suspend or revoke API access that creates security, reliability, compliance, abuse, or Payment Provider risk.
3. Trial, Eligibility, and Charges
3.1 Fourteen-Day Trial
A new eligible Customer may use core Tillr software during a 14-day trial without providing a credit card for a recurring software subscription. Creating an account starts the trial. Account access remains subject to identity, business, risk, and compliance review.
3.2 Core Software at $0 per Month with Tillr Pay
Core software is $0/month when Tillr Pay is Customer’s primary payment processor. If Customer chooses not to use Tillr Pay as its primary payment processor, core software is $29.99/month. Payment processing fees apply separately. Tillr Pay requires onboarding and underwriting approval; approval is not guaranteed.
3.3 Software Without Tillr Pay as Primary Processor
If Customer chooses not to use Tillr Pay as its primary payment processor, the core software fee is $29.99/month. Payment processing, hardware, and separately priced services remain separate. Charges are subject to the disclosure and acceptance process in Section 3.5; this pricing policy does not itself authorize an automatic charge.
3.4 Separately Priced Services and Hardware
Payment processing, payment hardware, shipping, replacement devices, custom migration, implementation, and enterprise rollout work may carry separate charges disclosed in applicable payment terms or a Commercial Schedule. Customer authorizes Tillr or the identified provider to collect charges it expressly accepts. Customer remains responsible for applicable sales, use, value-added, or similar taxes, excluding taxes on Tillr's net income.
3.5 Offer or Charge Changes
Tillr may change future eligibility requirements, included features, or separately priced offerings with reasonable advance notice where practicable. A new charge will not be imposed through these Terms alone; the applicable checkout, payment terms, or Commercial Schedule must disclose it. Continued use after an offer change is subject to the notice and acceptance process presented for that change.
3.6 Refunds
Refund rights for payment processing, hardware, shipping, implementation, migration, or other separately priced products and services are governed by the applicable payment terms, return policy, or Commercial Schedule and by applicable law. The $0 core-software offer does not create a prepaid software fee to refund.
4. Payment Processing
4.1 Payment Providers
The Service may facilitate payment acceptance through Tillr Pay and/or integrated third-party Payment Providers. Customer acknowledges that payment processing, acquiring, settlement, terminal, gateway, and related financial services are subject to separate underwriting, terms, merchant agreements, network rules, and processor requirements. Customer must enter into and maintain all required agreements and approvals with the applicable Payment Providers.
4.2 Payment Approval and Risk Review
Customer acknowledges that some businesses, products, services, sales channels, or transaction types may require additional underwriting, risk review, restrictions, reserves, or approvals by Payment Providers, card networks, financial institutions, or regulators. Customer accepts sole responsibility for obtaining and maintaining payment-processing approvals appropriate for its business type, location, product categories, licenses, and sales channels. Tillr makes no representation that any particular Payment Provider will accept Customer's application, approve any transaction type, or continue to provide services.
4.3 Chargebacks and Disputes
Customer is solely responsible for managing, responding to, and bearing financial liability for all chargebacks, payment disputes, reversals, refunds, fines, assessments, and related fees arising from Customer's transactions, except to the extent caused by Tillr's willful misconduct. Tillr shall have no liability for chargeback amounts, processor fees, card-network assessments, or related penalties imposed on Customer by Payment Providers.
4.4 PCI Compliance
Customer is responsible for ensuring that its use of the Service and any payment-processing activities comply with all applicable Payment Card Industry Data Security Standards (PCI DSS), card-network rules, and Payment Provider requirements. Tillr does not store full card numbers, CVV codes, or other sensitive authentication data on its application servers. Customer shall promptly notify Tillr of any suspected or confirmed payment data security incident.
4.5 Relationship Between Software and Payment Services
Tillr Go provides the Platform. Tillr Pay provides or supports payment-related workflows only where separately enabled, approved, and subject to applicable payment terms. Payment-service restrictions may affect payment acceptance. Core software pricing is described in Sections 3.2 and 3.3; choosing another primary payment processor is not an automatic pause of selling or public storefronts under this pricing policy.
4.6 Tillr Pay and Provider Terms
Payment services may require Customer to accept separate Tillr Pay terms, Payment Provider terms, merchant agreements, hardware or terminal terms, card-network rules, underwriting requirements, and compliance obligations. In the event of a conflict between this Agreement and payment-specific terms, the payment-specific terms govern solely for the affected payment services, settlement, reserves, disputes, chargebacks, refunds, terminal use, and provider-required obligations.
5. Age Verification and Regulatory Compliance
5.1 Age Verification Tools
The Service may include age verification or compliance features designed to assist Customer with age-restricted or otherwise regulated sales where applicable. These tools are provided as aids to compliance and do not constitute a guarantee of regulatory compliance. Customer bears sole responsibility for properly training staff to use compliance features and for ensuring that all sales comply with applicable legal requirements.
5.2 Customer Compliance Obligations
Customer is solely responsible for:
- ›Complying with all federal, state, and local laws and regulations applicable to Customer's business, products, services, sales channels, and locations
- ›Obtaining and maintaining all required business, product, professional, sales, tax, and other licenses, permits, and registrations
- ›Implementing and enforcing age verification procedures compliant with applicable law
- ›Complying with all applicable advertising, labeling, marketing, consumer-protection, and product-safety restrictions
- ›Filing all required tax returns and remitting applicable taxes and fees
- ›Maintaining required records and responding to regulatory inspections or inquiries
- ›Ensuring that products or services offered through Customer's business are lawful for sale and supported by Customer's payment approvals
5.3 No Legal Advice
Nothing in this Agreement or in the Service constitutes legal, compliance, or regulatory advice. Customer should consult qualified legal counsel regarding its specific compliance obligations. Tillr does not warrant that use of the Service will ensure regulatory compliance.
5.4 Regulatory Changes
Customer acknowledges that laws and Payment Provider rules applicable to Customer's business may change. Customer is responsible for monitoring applicable regulatory and provider developments and adapting its practices accordingly. Tillr will make commercially reasonable efforts to update Service features in response to significant changes but does not guarantee that any specific feature will be available at any particular time.
5.5 ID Scan, Biometric, and Identity Verification Limits
Age verification, ID scanning, barcode parsing, OCR, and similar identity or compliance tools are aids only. Tillr does not guarantee detection of fake, altered, expired, borrowed, or otherwise invalid identification, does not guarantee that any person is legally eligible for a purchase or service, and does not provide legal advice. Customer is responsible for configuring retention settings, obtaining any required consents, complying with state biometric or ID-scan laws, training staff, and maintaining human review procedures appropriate for Customer's business and location.
6. Data Ownership, Privacy, and Security
6.1 Customer Data Ownership
As between Tillr and Customer, Customer retains all right, title, and interest in and to Customer Data. Tillr does not claim ownership of Customer Data.
6.2 License to Customer Data
Customer grants Tillr a limited, worldwide, royalty-free license to access, use, process, store, and transmit Customer Data solely as necessary to provide, secure, support, and improve the Service and fulfill Tillr's obligations under this Agreement. Tillr will not sell Customer Data.
6.3 Aggregated Analytics
Tillr may collect and use anonymized, aggregated data derived from Customer's use of the Service for the purposes of improving the Service, developing new features, and generating industry benchmarks. Such aggregated data will not identify Customer or any individual.
6.4 Data Security
Tillr implements commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data from unauthorized access, disclosure, alteration, or destruction. However, Tillr does not warrant that the Service will be completely secure from all threats. Customer is responsible for maintaining the security of account credentials and for all activities that occur under Customer's account.
6.5 Data Portability and Return
Subject to identity and authority verification, Customer may request an export of available Customer Data before termination or during the thirty (30) days after termination. Tillr will use commercially reasonable efforts to provide available export data in a standard machine-readable format. Following that request window, Tillr may delete or anonymize Customer Data that is no longer required, subject to the retention periods described in the Privacy Policy and legal, tax, accounting, payment, dispute, audit, security, and backup requirements.
6.6 Privacy Policy
Customer's use of the Service is also governed by Tillr's Privacy Policy, which is incorporated herein by reference and available at tillrhq.com/privacy. Customer represents and warrants that it has obtained all required consents to provide Customer Data to Tillr.
6.7 Data Processing Addendum and Subprocessors
Where required by applicable privacy law or an enterprise agreement, the parties may enter into a Data Processing Addendum covering processor/service-provider obligations, subprocessors, security measures, international transfers, and legally required data-protection terms. Customer authorizes Tillr to use subprocessors and vendors necessary to provide, secure, support, and improve the Service, subject to commercially reasonable confidentiality, security, and vendor-management measures.
6.8 Security Incidents
Tillr will investigate confirmed unauthorized access to Customer Data for which Tillr is responsible, take commercially reasonable mitigation steps, and notify affected Customers as required by applicable law, contract, or Payment Provider rules. Customer is responsible for promptly notifying Tillr of suspected credential compromise, unauthorized account use, payment-data incidents, or security issues caused by Customer systems, employees, devices, networks, or integrations.
7. Intellectual Property
7.1 Tillr IP
Tillr retains all right, title, and interest in and to the Service, including all software, algorithms, user interfaces, documentation, trademarks, and all improvements, modifications, and derivative works thereof, whether or not arising from Customer feedback. No rights are granted to Customer except as expressly set forth in this Agreement.
7.2 Feedback
If Customer provides suggestions, ideas, or feedback regarding the Service ("Feedback"), Customer grants Tillr a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize such Feedback without restriction or compensation to Customer.
7.3 Customer Marks
Tillr will not use Customer's business name or logo in public marketing materials without Customer's prior consent, except to identify Customer as a user of the Service in customer lists or as otherwise permitted in an applicable Order Form.
8. Confidentiality
8.1 Definition
"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
8.2 Obligations
Each Receiving Party agrees to: (a) keep all Confidential Information of the Disclosing Party strictly confidential; (b) use Confidential Information solely for the purpose of exercising rights or fulfilling obligations under this Agreement; and (c) disclose Confidential Information only to employees, contractors, and agents who have a need to know and are bound by confidentiality obligations at least as protective as those in this Agreement.
8.3 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known without breach of any obligation owed to the Disclosing Party; (b) was already known to the Receiving Party without restriction; (c) is received from a third party without restriction; or (d) is required to be disclosed by law, regulation, or court order, provided the Receiving Party gives reasonable prior notice to the Disclosing Party.
9. Warranties and Disclaimers
9.1 Tillr Warranties
Tillr Go warrants that: (a) the Service will perform materially in accordance with the Documentation under normal use; and (b) Tillr will use commercially reasonable efforts to maintain the security and integrity of the Service.
9.2 Customer Warranties
Customer represents and warrants that: (a) it has full authority to enter into this Agreement; (b) its use of the Service will comply with all applicable laws and regulations; (c) Customer Data does not infringe any third-party intellectual property rights; and (d) Customer holds all licenses, permits, registrations, and approvals required for its business, products, services, sales channels, and locations.
9.3 Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TILLR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TILLR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. TILLR MAKES NO WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF AGE VERIFICATION RESULTS, ID-SCAN RESULTS, AI OUTPUTS, AUTOMATION RESULTS, ANALYTICS, RECOMMENDATIONS, OR COMPLIANCE-RELATED FEATURES.
9.4 AI and Automation Disclaimer
AI-assisted outputs, recommendations, classifications, generated content, extracted data, forecasts, and automation suggestions may be inaccurate, incomplete, or unsuitable for Customer's specific business, legal, pricing, staffing, inventory, marketing, or compliance needs. Customer is responsible for human review, approvals, configuration, monitoring, and final decisions. Tillr does not guarantee business outcomes, regulatory compliance, marketing performance, inventory accuracy, or payment approval resulting from AI or automation features.
10. Limitation of Liability
10.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TILLR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, EVEN IF TILLR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Liability Cap
TILLR'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER TO TILLR GO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. PAYMENT-PROCESSING FEES, INTERCHANGE, ASSESSMENTS, CHARGEBACKS, REFUNDS, RESERVES, FINES, AND PASS-THROUGH AMOUNTS OWED TO OR IMPOSED BY PAYMENT PROVIDERS ARE NOT SUBSCRIPTION FEES FOR PURPOSES OF THIS LIMITATION.
10.3 Essential Basis
The parties acknowledge that the limitations of liability in this Section 10 reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties. Tillr would not have entered into this Agreement absent such limitations.
10.4 Exclusions
Nothing in this Agreement limits either party's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be excluded by law.
11. Indemnification
11.1 Customer Indemnification
Customer shall indemnify, defend, and hold harmless Tillr Go, Tillr Pay, their affiliates, and their respective officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's use of the Service in violation of this Agreement; (b) Customer's violation of any applicable law, regulation, card-network rule, or Payment Provider requirement; (c) Customer Data, including any claim that Customer Data infringes third-party rights or was provided without required notice or consent; (d) any regulatory fines, penalties, or enforcement actions against Customer; (e) Customer's products, services, sales channels, fulfillment, marketing, or business operations; or (f) Customer's chargebacks, refunds, disputes, reversals, reserves, assessments, or payment-processing obligations.
11.2 Tillr Indemnification
Tillr Go shall indemnify, defend, and hold harmless Customer from and against third-party claims that the Service as provided by Tillr Go directly infringes any U.S. patent, copyright, trademark, or trade secret, provided that Customer: (a) promptly notifies Tillr Go in writing of the claim; (b) grants Tillr Go sole control of the defense; and (c) provides Tillr Go with reasonable assistance at Tillr Go's expense. If the Service becomes or is likely to become the subject of an infringement claim, Tillr Go may, at its option: (i) modify the Service to be non-infringing; (ii) obtain a license allowing continued use; or (iii) terminate the Agreement and refund prepaid unused Subscription Fees.
12. Term and Termination
12.1 Term
This Agreement begins when Customer accepts it or first uses the Service and continues until terminated under this Section. A separately priced product or service may have its own duration in a Commercial Schedule or payment-specific terms, but that duration does not change the term of this Agreement unless expressly stated.
12.2 Termination for Convenience
Customer may request account closure through an available account-management workflow or by contacting [email protected]. Ending use of core Tillr software does not itself close a Tillr Pay or third-party Payment Provider account, cancel separately ordered hardware or services, or delete Customer Data. Account closure, payment-account closure, a privacy-rights deletion request, and cancellation of separately priced products or services are distinct processes; Customer must follow the applicable workflow or terms for each.
12.3 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party: (a) materially breaches this Agreement and fails to cure such breach within fifteen (15) days of written notice; (b) becomes insolvent, makes a general assignment for the benefit of creditors, or is subject to bankruptcy proceedings; or (c) engages in fraud or willful misconduct.
12.4 Tillr's Right to Suspend or Terminate
Tillr may suspend or terminate Customer's access to the Service immediately, without prior notice, if: (a) Customer's use of the Service poses a security, privacy, reliability, payment, regulatory, or legal risk to Tillr or other customers; (b) Customer engages in illegal, deceptive, abusive, fraudulent, or high-risk activity through the Service; (c) Customer's account is more than thirty (30) days past due; (d) Customer violates the Acceptable Use requirements in this Agreement; or (e) Tillr is required or reasonably requested to do so by law, Payment Provider, carrier, platform, or regulator.
12.5 Effect of Termination
Upon termination of this Agreement: (a) Customer's license to use the Service terminates; (b) accepted and outstanding charges for payment services, hardware, shipping, implementation, migration, or other separately priced products or services remain due under the applicable terms; (c) each party will promptly return or destroy the other party's Confidential Information, subject to the data access, export, retention, and deletion provisions in Section 6 and the Privacy Policy; and (d) Sections 1, 6.1, 6.5, 7, 8, 9.3, 10, 11, 12.5, 14, and 15 shall survive.
13. Service Levels and Support
13.1 Service Availability
Tillr will use commercially reasonable efforts to keep the Service available and to provide notice of scheduled maintenance where practicable. Availability can be affected by maintenance, internet or device conditions, Payment Providers, carriers, app platforms, third-party services, and events beyond Tillr's reasonable control. No uptime percentage, support hour, or response-time commitment applies unless Tillr expressly agrees to it in writing.
13.2 Support
Tillr provides customer support via email at [email protected] and through the in-app support portal. Availability and response time depend on request severity, staffing, and the support arrangement disclosed to Customer. Any enhanced support coverage or service level must be stated in a Commercial Schedule or other written agreement.
13.3 Offline Mode
The Service may include offline functionality allowing limited operations during internet outages. Customer acknowledges that offline mode functionality is limited and that transactions processed offline are subject to synchronization upon reconnection. Tillr is not liable for any loss, inconsistency, or data conflict arising from offline mode use.
14. Governing Law and Dispute Resolution
14.1 Governing Law
This Agreement and any dispute between Customer and Tillr Go regarding the Platform or Service shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws provisions, except that Delaware law governs matters relating to the internal affairs of Tillr Go LLC or Tillr Pay LLC. Payment-processing services may be governed by separate Tillr Pay or Payment Provider terms, merchant agreements, card-network rules, or other provider-required governing-law provisions.
14.2 Informal Resolution
Before initiating any formal dispute resolution proceeding, the parties agree to attempt to resolve disputes informally by written notice identifying the issue and each party's proposed resolution. The parties will have thirty (30) days to attempt informal resolution before proceeding to arbitration.
14.3 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this Agreement that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Maryland unless the parties agree otherwise. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
14.4 Class Action Waiver
EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT.
14.5 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened misappropriation or infringement of intellectual property rights or confidential information.
15. General Provisions
15.1 Entire Agreement
This Agreement, together with all Order Forms and the Privacy Policy, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
15.2 Amendments
Tillr may amend this Agreement by providing thirty (30) days advance written notice, including via email to the address on file. Continued use of the Service after the effective date of any amendment constitutes acceptance. Amendments to Order Forms require written agreement by both parties.
15.3 Waiver
A party's failure or delay in exercising any right, remedy, or privilege under this Agreement will not constitute or be deemed a waiver of such right, remedy, or privilege.
15.4 Severability
If any provision of this Agreement is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
15.5 Force Majeure
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, labor disruptions, government actions, war, terrorism, civil unrest, pandemics, utility or internet failures, cloud-provider outages, Payment Provider outages, card-network outages, terminal or hardware-provider failures, carrier disruptions, cyberattacks beyond reasonable control, or other third-party infrastructure failures. The affected party shall promptly notify the other where practicable and use reasonable efforts to resume performance.
15.6 Assignment
Customer may not assign this Agreement or any rights or obligations hereunder without Tillr's prior written consent. Tillr may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void.
15.7 Independent Contractors
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or franchise relationship between the parties.
15.8 Notices
Notices required or permitted by this Agreement shall be in writing and delivered to: (a) for Tillr Go or Tillr Pay: [email protected]; (b) for Customer: the email address on file with Customer's account. Notices are effective upon delivery.
15.9 Headings
Section headings are for convenience only and shall not affect the interpretation of this Agreement.
15.10 SMS, Email, and Electronic Communications
By creating an account, providing a phone number or email address, enabling messaging features, or otherwise opting in, Customer consents to receive transactional and service-related communications from Tillr, including account notices, security alerts, receipts, order updates, gift card messages, onboarding messages, support messages, and payment or billing notices. Message frequency varies. Message and data rates may apply. Customer may opt out of non-essential SMS messages by replying STOP and may request help by replying HELP where supported. Opting out may limit certain messaging features. Marketing SMS or email messages require separate consent where required by law. Consent to marketing messages is not a condition of purchasing the Service. Carriers are not liable for delayed or undelivered messages. Customer is responsible for obtaining, documenting, and honoring all required consents, opt-outs, quiet hours, disclosures, campaign registrations, and message-content rules for communications sent to Customer's own customers, employees, or contacts through the Service.
15.11 Acceptable Use
Customer shall not use the Service to send spam, phishing, malware, deceptive marketing, illegal content, abusive communications, or messages without required consent; conduct fraud, credential stuffing, scraping, crawling, denial-of-service activity, reverse engineering, security bypass, or API abuse; process unlawful products or services; violate export controls, sanctions, Payment Provider rules, carrier rules, privacy laws, consumer-protection laws, or intellectual-property rights; or interfere with the security, integrity, availability, or reputation of Tillr, Payment Providers, carriers, customers, or third parties.
15.12 Export Controls and Sanctions
Customer represents that it is not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and is not listed on any U.S. government restricted-party list. Customer shall not use, export, re-export, or transfer the Service in violation of U.S. export-control or sanctions laws, OFAC restrictions, or similar laws.
15.13 Hardware, Devices, and Local Networks
The Service may interoperate with third-party hardware, payment terminals, printers, scanners, tablets, customer displays, cameras, network equipment, and operating systems. Customer is responsible for maintaining compatible devices, firmware, browsers, operating systems, power, internet, local networks, and physical security. Tillr does not warrant third-party hardware, unsupported firmware, carrier networks, local Wi-Fi, Bluetooth reliability, device availability, or Payment Provider terminal behavior except as expressly stated in a separate written agreement.
Questions about these terms?
If you have any questions about this Agreement, please contact us.