Legal Notice

These Terms and Conditions (“Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Customer,” “you,” or “your”), and POS Beacon, LLC, doing business as SimpleTill (“Company,” “we,” “us,” or “our”), concerning your access to and use of our website (simpletillregister.com), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto, and the purchase and use of our point of sale (POS) systems, hardware, software, and support services (collectively, the “Services”).

By purchasing our products or utilizing our Services, you agree that you have read, understood, and agreed to be bound by all of these Terms and Conditions.

1. DEFINITIONS

For purposes of this Agreement, the following definitions apply:

• “Company,” “POS Beacon,” “we,” “us,” or “our” means POS Beacon, LLC, doing business as SimpleTill (“DBA SimpleTill”).
• “Customer,” “you,” or “your” means the person or entity purchasing, accessing, or using the Services.
• “Services” means, collectively, the POS Beacon, LLC point of sale system offerings, including (as applicable) the SimpleTill software service (the “SimpleTill” or “Software”), Hardware, implementation/configuration, updates, documentation, and support services provided by POS Beacon, LLC, as described in an order form, quote, purchase order, statement of work, or other ordering document between the parties (“Order”).
• “SimpleTill” or “Software” means the SimpleTill POS software service and related applications, firmware, APIs, user interfaces, and documentation provided or made available by POS Beacon, LLC (including any updates, upgrades, patches, and new versions) whether delivered locally, accessed remotely, or otherwise provided as part of the Services. SimpleTill may be accessed via the Apple App Store, Google Play Store, simpletillregister.com, or https://simpletillregister.base44.app.
• “Hardware” means POS terminals, tablets, printers, cash drawers, scanners, card readers, networking equipment, and any other physical devices sold or rented by POS Beacon, LLC, or approved by POS Beacon, LLC for use with SimpleTill, as set forth in an applicable Order.
• “Merchant Data” means data and content submitted, entered, transmitted, generated, or made available by Customer or its authorized users through the Services, including transaction data, menu/product data, pricing, taxes, employee/shift data, and business reports. Merchant Data does not include Company’s aggregated and/or anonymized data or analytics derived from use of the Services.
• “Authorized Users” means Customer’s employees, contractors, or agents that Customer authorizes to use the Services solely for Customer’s internal business operations.
• “Order” means any ordering document (including a quote accepted by Customer) that identifies the Services, applicable fees, term, and other commercial terms.
• “Subscription Term” means the period during which Customer is authorized to access and use subscription-based Services, as specified in the applicable Order.
• “Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the Software and non-public pricing and product plans.

2. LICENSE GRANT (SOFTWARE)

Subject to Customer’s ongoing compliance with this Agreement and payment of all applicable fees, POS Beacon, LLC grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the applicable Subscription Term to access and use SimpleTill and any related documentation solely for Customer’s internal business operations at the location(s) identified in the applicable Order (or, if not specified, at Customer’s primary business location).

• Restrictions: Customer will not (and will not allow any third party to): (i) copy, modify, translate, or create derivative works of SimpleTill except as expressly permitted by law; (ii) reverse engineer, decompile, or disassemble SimpleTill (except to the extent such restriction is prohibited by applicable law); (iii) circumvent or disable security or access control features; (iv) use SimpleTill to provide services to third parties (service bureau, time-sharing, or similar); (v) remove or obscure proprietary notices; or (vi) use the Services in a manner that violates applicable law or card network rules.
• Third-Party Components: Certain portions of the Services may include or depend on third-party software, services, or components. Any such third-party terms are between Customer and the third party, and Customer is responsible for complying with those terms. POS Beacon, LLC does not make any warranties for third-party products or services unless expressly stated in an Order.
• Reservation of Rights: All rights not expressly granted to Customer are reserved by POS Beacon, LLC.

3. CUSTOMER RESPONSIBILITIES

Customer is responsible for all activities conducted through its account and by its Authorized Users, and for ensuring that Authorized Users comply with this Agreement.

• Hardware Compatibility & Environment: Customer is responsible for obtaining and maintaining compatible devices, peripherals, and an operating environment that meets POS Beacon, LLC’s requirements (including adequate power, cabling, and physical security). If Customer uses non-POS Beacon, LLC hardware, Customer is responsible for confirming compatibility. POS Beacon, LLC is not responsible for Service issues caused by unsupported or non-compliant equipment.
• Internet Access: Customer must provide and maintain reliable internet connectivity and network configuration required for the Services to operate, including any required ports, firewall rules, and Wi-Fi/Ethernet coverage. Customer acknowledges that outages, latency, or packet loss may impact performance and availability of certain features.
• Account Security: Customer will maintain the confidentiality of login credentials, use strong passwords and appropriate access controls, and promptly notify POS Beacon, LLC of any suspected unauthorized access or security incident.
• Data Security & Compliance: Customer is responsible for (i) securing its devices and networks, (ii) implementing reasonable administrative, physical, and technical safeguards, and (iii) complying with applicable laws and regulations relating to its business, including tax, wage/hour, consumer protection, and any payment card rules that apply to Customer’s operations. Customer is responsible for determining whether the Services meet its legal and compliance requirements.
• PCI-DSS Compliance (Customer Responsibility): Customer acknowledges and agrees that Payment Card Industry Data Security Standard (“PCI-DSS”) compliance is Customer’s sole responsibility. Customer is solely responsible for ensuring that its network, systems, Hardware (including any third-party devices), configurations, access controls, physical security, and business practices meet all applicable PCI-DSS requirements and any card network rules. POS Beacon, LLC does not certify Customer as PCI-compliant and is not responsible or liable for Customer’s PCI-DSS non-compliance, assessments, fines, penalties, chargebacks, increased fees, or for any security incident or data breach arising from or relating to Customer’s failure to maintain PCI-DSS compliance or to secure its environment.
• Backups & Records: Unless expressly stated in an Order, Customer is responsible for maintaining its own backups and retaining records required by law. Customer is encouraged to export reports or data periodically.
• Cooperation: Customer will provide timely information, access, and cooperation reasonably requested for onboarding, troubleshooting, support, or fulfillment of the Services.

4. FEES AND PAYMENT

Customer agrees to pay all fees in accordance with the applicable Order and this Agreement.

• Subscription Fees; Billing: Subscription fees (if applicable) are billed in advance on the billing cadence specified in the Order (e.g., monthly or annually), unless otherwise stated. One-time fees (e.g., implementation, configuration, installation, training, or hardware purchases) are due as stated in the Order or invoice.
• Taxes: Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, including sales, use, VAT, and similar taxes, unless otherwise stated. Customer is responsible for all applicable taxes associated with its purchase and use of the Services, except for taxes based on POS Beacon’s net income. If Customer is tax-exempt, Customer must provide valid documentation prior to invoicing.
• Payment Method; Authorization: Customer authorizes POS Beacon, LLC (or its payment processor) to charge the payment method on file for amounts due. Customer is responsible for keeping billing information current.
• Late Payments; Penalties: Past-due amounts may accrue interest at the lesser of (i) 1.5% per month, or (ii) the maximum rate permitted by law, plus reasonable costs of collection (including attorneys’ fees and collection agency fees, where permitted). POS Beacon, LLC may suspend Services, disable access, or deactivate SimpleTill licenses if amounts are past due.
• No Setoff: Customer will not withhold, offset, or set off any amounts due under this Agreement against any amounts allegedly owed by POS Beacon, unless required by law.
• Refunds: Except as expressly stated in an Order or required by law, all fees are non-cancelable and non-refundable.

5. PROPRIETARY RIGHTS

As between the parties, POS Beacon, LLC and its licensors retain all right, title, and interest in and to the Services, SimpleTill, Hardware (excluding any third-party hardware not sold by POS Beacon, LLC), documentation, and all improvements, enhancements, updates, modifications, derivative works, and intellectual property rights therein and thereto.

• Customer Data Ownership: Customer retains all right, title, and interest in and to Merchant Data, subject to the rights granted to POS Beacon, LLC in this Agreement.
• Feedback: If Customer provides suggestions, ideas, or feedback about the Services (“Feedback”), Customer grants POS Beacon, LLC a perpetual, irrevocable, worldwide, royalty-free, transferable license to use, incorporate, and exploit the Feedback without restriction or compensation.

6. DATA AND PRIVACY

POS Beacon, LLC processes Merchant Data in order to provide, maintain, secure, and improve the Services, to provide support, and as otherwise permitted by this Agreement and applicable law.

• Processing Instructions: Customer instructs POS Beacon, LLC to process Merchant Data solely to provide the Services, to prevent or address service, security, or technical issues, and as otherwise necessary to perform under this Agreement.
• Access and Use: POS Beacon, LLC may access Merchant Data to (i) provide support and troubleshooting, (ii) comply with law or legal process, (iii) enforce this Agreement, and (iv) protect the rights, property, and safety of POS Beacon, LLC, Customer, or others.
• Aggregated/Anonymized Data: POS Beacon, LLC may compile aggregated and/or anonymized data derived from Merchant Data or use of the Services (such that it does not reasonably identify Customer or any individual) for analytics, benchmarking, product improvement, and business purposes. POS Beacon, LLC owns such aggregated/anonymized data and related insights.
• Customer Representations: Customer represents that it has all rights and permissions necessary to provide Merchant Data to POS Beacon, LLC for processing as described in this Agreement, including any required notices and consents to employees and customers.
• Security: POS Beacon, LLC will use commercially reasonable administrative, physical, and technical safeguards designed to protect Merchant Data. Customer acknowledges that no method of transmission or storage is 100% secure.
• Privacy: If POS Beacon, LLC publishes a privacy notice or privacy policy for its website or Services, that notice/policy describes additional details regarding collection and use of information in connection with the website and related online services. In the event of a conflict between such notice/policy and this Agreement regarding Merchant Data processed to provide the Services, this Agreement controls to the extent permitted by law.

7. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, POS BEACON, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, SIMPLETILL, HARDWARE, AND SUPPORT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, POS BEACON, LLC DOES NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; (B) THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS; OR (C) ANY DATA, REPORTS, OR OUTPUTS WILL BE ACCURATE OR COMPLETE. CUSTOMER ACKNOWLEDGES THAT INTERNET AND NETWORK-BASED SERVICES ARE SUBJECT TO INTERRUPTIONS AND MAY BE AFFECTED BY FACTORS OUTSIDE POS BEACON, LLC’S CONTROL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL POS BEACON, LLC OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, POS BEACON, LLC’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO POS BEACON, LLC FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS REGARDLESS OF THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless POS Beacon, LLC, its affiliates, and each of their respective officers, directors, employees, agents, and contractors from and against any and all claims, demands, suits, proceedings, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

(1) Customer’s or any Authorized User’s misuse of the Services, SimpleTill, or Hardware;
(2) Merchant Data, including any allegation that Merchant Data infringes or misappropriates a third party’s rights or violates law;
(3) Customer’s violation of applicable laws, regulations, or card network rules; or
(4) Customer’s breach of this Agreement.

POS Beacon, LLC may assume the exclusive control of the defense and settlement of any matter subject to indemnification by Customer, and Customer agrees to cooperate with POS Beacon, LLC in asserting any available defenses. Customer will not settle any indemnified claim in a manner that imposes liability or obligations on POS Beacon, LLC without POS Beacon, LLC’s prior written consent (not to be unreasonably withheld).

10. TERMINATION

• Termination for Cause: Either party may terminate this Agreement (or an applicable Order) with written notice if the other party breaches any material term and fails to cure such breach within thirty (30) days after receiving written notice of the breach.
• Suspension/Termination for Nonpayment: POS Beacon, LLC may suspend or terminate access to the Services and/or deactivate SimpleTill licenses if Customer fails to pay amounts when due, subject to any cure period required by applicable law.
• Termination for Legal/Compliance Risk: POS Beacon, LLC may immediately suspend or terminate the Services if (i) Customer’s use of the Services poses a security risk to the Services or any third party, (ii) Customer’s use of the Services could subject POS Beacon, LLC to liability, or (iii) Customer is using the Services in violation of applicable law.
• Effect of Termination: Upon termination or expiration, Customer must cease all use of SimpleTill and Services. Any unpaid fees accrued through the effective date of termination become immediately due and payable. Hardware return obligations (if any) will be as stated in the applicable Order; hardware that is fully paid is Customer’s property, subject to any manufacturer terms and applicable law.
• Survival: Sections that by their nature should survive termination will survive, including (as applicable) Proprietary Rights, Fees and Payment (amounts owed), Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Venue, and Contact Information.

11. GOVERNING LAW AND VENUE

These Terms and Conditions and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted exclusively in the state and federal courts located in Montgomery County, Pennsylvania.

12. SUPPORT

Our primary Unique Selling Proposition is our commitment to "Unbeatable Support." POS Beacon, LLC provides ongoing technical support to help keep your POS system reliable.

• Scope: Support may include remote troubleshooting, assistance with configuration, guidance on best practices, and software updates, and, where applicable, on-site assistance for customers located in or around Plymouth Meeting, PA, as available. The exact scope, hours, and any onsite fees (if applicable) may be described in your Order.
• Limitations: Support does not cover issues caused by misuse, unauthorized modifications, third-party software/hardware, unsupported networks, or force majeure events. While we aim for fast responses, response times may vary based on issue complexity and demand.

13. MODIFICATIONS

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions.

14. CONTACT INFORMATION

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

POS Beacon, LLC (DBA SimpleTill)
Plymouth Meeting, PA
Website: simpletillregister.com