Legal

Terms & Conditions

Please read these terms carefully before using TotalPOS Solutions services.

Last Updated: 1 December 2024  |  Effective Date: 1 January 2024  |  Governing Law: UAE Federal Law
By accessing or using any TotalPOS Solutions service, software, or platform, you agree to be legally bound by these Terms and Conditions. If you do not agree, do not use our Services.

1. Parties and Agreement

These Terms and Conditions ("Terms") constitute a legally binding agreement between TotalPOS Solutions ("Company", "we", "us", "our"), a business registered and operating in Abu Dhabi, United Arab Emirates, and you ("Customer", "User", "you"), the individual or entity accessing or using our Services.

These Terms govern your use of the TotalPOS cloud point-of-sale platform, mobile applications (Android and iOS), on-premise server software, and all associated support, updates, and related services (collectively, the "Services").

2. Eligibility

To use our Services, you must:

3. Subscription and Payment

3.1 Subscription Plans

TotalPOS offers subscription-based pricing plans (Starter, Professional, Enterprise). Pricing is as displayed on our website and may be updated from time to time with reasonable notice.

3.2 Billing

3.3 Free Trial

We offer a 14-day free trial for new customers. No credit card is required to start the trial. After the trial period, continued access requires a paid subscription. Trial data is preserved upon subscription.

3.4 Refund Policy

Due to the nature of software services, payments for completed billing periods are generally non-refundable. In exceptional circumstances (e.g., service unavailability exceeding SLA thresholds), a prorated credit may be issued at our discretion. Annual subscriptions cancelled within 14 days of renewal may qualify for a refund of the unused portion.

4. Use of Services

4.1 Permitted Use

You may use the Services solely for your internal business operations at your registered location(s). You may not resell, sublicense, or otherwise commercialise the Services without our written consent.

4.2 Prohibited Activities

You agree not to:

5. Data Ownership and Privacy

All business data you input into TotalPOS (menu items, transactions, customer records, staff information) remains your property. We act as a data processor on your behalf and will not access your data except for support purposes with your consent, or as required by law.

Our full Privacy Policy governs how we handle personal data and is incorporated into these Terms by reference.

6. Service Availability and SLA

We target 99.9% uptime for our cloud Services, measured monthly. Scheduled maintenance will be communicated at least 48 hours in advance and conducted during off-peak hours where possible.

Enterprise customers are entitled to a Service Level Agreement (SLA) with defined uptime guarantees and escalation procedures. Please contact our sales team for SLA terms.

7. Intellectual Property

All intellectual property rights in the TotalPOS platform, including software, design, trademarks, logos, and documentation, are and remain the exclusive property of TotalPOS Solutions. These Terms do not grant you any ownership rights — only a limited, non-exclusive, non-transferable licence to use the Services during your subscription period.

8. Third-Party Integrations

TotalPOS may integrate with third-party services including delivery platforms, payment gateways, and accounting software. We are not responsible for the availability, accuracy, or terms of such third-party services. Your use of third-party integrations is subject to the respective third-party terms and conditions.

9. Limitation of Liability

To the maximum extent permitted by UAE law, TotalPOS Solutions shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Services, including loss of profits, loss of data, or business interruption.

Our total aggregate liability for any claims arising from these Terms or your use of the Services shall not exceed the total fees paid by you to us in the three (3) months preceding the claim.

10. Termination

10.1 By You

You may cancel your subscription at any time from your account settings or by contacting our support team. Cancellation takes effect at the end of the current billing period.

10.2 By Us

We reserve the right to suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or fail to pay outstanding invoices after a reasonable notice period.

10.3 Effect of Termination

Upon termination, your access to the Services will cease. You may export your data within 30 days of termination. After 90 days, your data will be permanently deleted from our systems.

11. Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated by email or platform notification at least 30 days before taking effect. Your continued use of the Services after that date constitutes acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates, specifically the laws of the Emirate of Abu Dhabi. Any disputes arising from these Terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to the competent courts of Abu Dhabi, UAE.

13. Contact Information

For any questions regarding these Terms and Conditions, please contact us: