Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or entity) and DoubleXL LLC, doing business as SavepointHQ ("Company," "we," "us," or "our"), governing your access to and use of the SavepointHQ platform and all related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

If you are using the Services on behalf of a business or other legal entity ("Tenant"), you represent that you have the authority to bind such entity to these Terms, in which case "you" refers to such entity.

Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using our Services under applicable law
• Provide accurate and complete registration information
• Be authorized to act on behalf of any business you register

Description of Services

Savepoint provides a cloud-based retail management platform designed for gaming retailers. Our Services include:

• Point of sale (POS) system with inventory management
• AI-assisted merchandising and pricing recommendations
• Customer relationship management (CRM)
• Analytics and reporting tools
• Multi-location management capabilities
• Third-party integrations

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

Account Registration and Security

To access our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security and confidentiality of your login credentials
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent or illegal purposes.

Communications Consent

By creating an account and using our Services, you consent to receive communications from DoubleXL LLC dba SavepointHQ as follows:

Transactional Communications (Required)

You consent to receive essential service communications via email, SMS, and/or phone, including:

• Account verification and security alerts
• Password reset and authentication codes
• Billing confirmations and payment receipts
• Service disruption and maintenance notices
• Legal notices and policy updates

You cannot opt out of transactional communications while maintaining an active account, as they are necessary for service delivery and security.

SMS/Text Message Consent

Marketing Communications (Optional)

With your separate consent, you may receive promotional communications including:

• Product updates and new features
• Special offers and promotions
• Industry news and educational content
• Event invitations and webinars

To opt out of marketing communications:

• SMS: Reply STOP to any marketing message
• Email: Click "Unsubscribe" at the bottom of any email
• Account: Update preferences in Settings > Notifications
• Contact: Email privacy@savepointhq.com

Payment Terms

Payment Processor

All payment processing is handled by Stripe, Inc. By making a payment, you agree to:

• Stripe's Terms of Service
• Stripe's Privacy Policy

We do not store your full credit card number, CVV, or PIN. Stripe is PCI Level 1 certified and handles all sensitive payment data securely.

Subscription Fees

• You agree to pay all applicable fees as described in your subscription plan
• Fees are billed in advance on a monthly or annual basis depending on your plan
• All fees are non-refundable unless otherwise specified or required by law
• We may change our fees with 30 days' notice; continued use constitutes acceptance
• Free trials automatically convert to paid subscriptions unless cancelled before trial end

Billing Authorization

• You authorize us (through Stripe) to charge your payment method for all fees and applicable taxes
• You authorize recurring charges at the then-current rate until you cancel
• You are responsible for providing valid and current payment information
• Failed payments may result in service suspension after a 7-day grace period
• We may attempt to charge failed payments up to 3 times before suspension

Refunds

• Monthly subscriptions: No refunds for partial months
• Annual subscriptions: Pro-rated refund available within first 30 days if you haven't used the service extensively
• Refund requests: Contact billing@savepointhq.com

Taxes

All fees are exclusive of taxes unless otherwise stated. You are responsible for paying all applicable taxes, including sales, use, value-added taxes (VAT), and goods and services taxes (GST). We will calculate and collect taxes where legally required.

Acceptable Use Policy

You agree not to:

• Use the Services for any unlawful purpose or in violation of any laws
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our Services
• Reverse engineer, decompile, or disassemble any aspect of our Services
• Use automated systems or bots to access our Services without permission
• Upload or transmit viruses, malware, or other harmful code
• Collect or harvest data from our Services without authorization
• Impersonate any person or entity or misrepresent your affiliation
• Use the Services to compete directly with Savepoint
• Resell or redistribute our Services without authorization

Your Data

Ownership

You retain all ownership rights to the data you input into our Services ("Your Data"). We do not claim ownership of Your Data.

License

You grant us a limited, non-exclusive license to use, store, process, and display Your Data solely to provide our Services to you. This license terminates when you delete Your Data or close your account.

Responsibility

You are solely responsible for the accuracy, quality, and legality of Your Data. You represent that you have all necessary rights to provide Your Data and that doing so does not violate any third-party rights.

Multi-Tenant Responsibilities

Our platform operates as a multi-tenant system serving business customers ("Tenants") who serve their own customers ("End-Customers"). Each party has specific responsibilities:

Tenant Responsibilities

As a Tenant using our platform to operate your retail business, you agree to:

• Data Controller Role: You are the data controller for End-Customer data you collect; we act as your data processor
• Privacy Policy: Maintain your own privacy policy that accurately describes how you collect and use End-Customer data, including disclosure that you use our Services
• Consent Collection: Obtain all necessary consents from End-Customers before collecting their data or sending them communications
• Legal Compliance: Comply with all applicable laws regarding data protection, consumer rights, and commerce in your jurisdiction (including GDPR, CCPA, CAN-SPAM, TCPA as applicable)
• Staff Training: Ensure your employees and authorized users understand and comply with these Terms
• Data Accuracy: Maintain accurate and up-to-date information in your account
• Security: Implement appropriate access controls and user permissions within your tenant account

End-Customer Data Processing

When you input End-Customer data into our Services:

• You represent that you have lawful basis to collect and process such data
• You represent that End-Customers have been informed about data collection
• You are responsible for responding to End-Customer data access and deletion requests
• We will assist you in fulfilling your data protection obligations upon request

For End-Customers

If you are an End-Customer of a business using our platform:

• Your relationship is primarily with the retail business (Tenant), not with us
• The Tenant's privacy policy governs how they use your data
• For data access, correction, or deletion requests, contact the retailer directly
• If you have concerns about how the retailer handles your data, contact us at privacy@savepointhq.com

Service Availability

While we strive to maintain high availability of our Services:

• We do not guarantee 100% uptime or uninterrupted access
• We may perform scheduled maintenance with reasonable advance notice
• We may perform emergency maintenance without notice when necessary
• Third-party service outages (payment processing, integrations) may affect functionality

We will use commercially reasonable efforts to provide notice of scheduled maintenance and to restore service promptly after any outage.

Intellectual Property

Our Services and all related technology, content, and materials (excluding Your Data) are owned by Savepoint and protected by intellectual property laws. This includes:

• Software, algorithms, and code
• Trademarks, logos, and brand elements
• Documentation and training materials
• User interface designs and workflows

Nothing in these Terms grants you any rights to our intellectual property except the limited license to use our Services as described herein.

Termination and Account Deletion

Cancellation by You

You may cancel your subscription at any time:

• Self-Service: Navigate to Settings > Subscription > Cancel Subscription
• Email: Contact billing@savepointhq.com
• Cancellation is effective at the end of your current billing period
• You retain access until the end of your paid period

Account Deletion

To permanently delete your account and data:

• Cancel any active subscription first
• Navigate to Settings > Privacy > Delete Account, or email privacy@savepointhq.com
• You will receive a data export before deletion upon request
• Deletion is completed within 30 days of confirmation
• Some data may be retained as required by law (see Privacy Policy)

Termination by Us

We may suspend or terminate your access to our Services immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay fees when due after the grace period
• Engage in fraudulent or illegal activity
• Cause harm to our systems, other users, or third parties
• Upon request by law enforcement or government agencies with valid legal process

We will provide notice before termination when reasonably possible, except in cases of fraud, illegal activity, or immediate harm.

Effect of Termination

• Your right to use our Services immediately ceases
• You may request a data export within 30 days of termination
• After 30 days, Your Data will be permanently deleted
• No refunds for termination due to violation of Terms
• Provisions that should survive (limitation of liability, indemnification, governing law) remain in effect

Disclaimer of Warranties

OUR SERVICES ARE 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.

We do not warrant that our Services will be uninterrupted, error-free, secure, or meet your specific requirements. You assume all risk for the use of our Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• SAVEPOINT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• SAVEPOINT'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY OF LIABILITY

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Savepoint and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of our Services, violation of these Terms, or infringement of any third-party rights.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions.

Exceptions to Arbitration

The following matters are not subject to arbitration:

• Claims for injunctive relief to prevent intellectual property infringement
• Small claims court actions within jurisdictional limits
• Actions to enforce an arbitration award

General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Savepoint regarding our Services
• Severability: If any provision is found unenforceable, the remaining provisions shall continue in effect
• Waiver: Failure to enforce any provision does not constitute a waiver of that right
• Assignment: You may not assign these Terms without our consent; we may assign them freely
• Notices: We may provide notices via email, in-app notification, or posting on our website

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through our Services at least 30 days before they take effect. Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.