Terms of Service
Last updated: December 1, 2024
Important Points
- •By using Savepoint, you agree to these terms
- •You must be 18 or older and authorized to represent your business
- •You are responsible for your account security and data accuracy
- •We may update these terms with notice to you
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or entity) and Savepoint ("Company," "we," "us," or "our") governing your access to and use of the Savepoint 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. 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, 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.
Payment Terms
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
- We may change our fees with 30 days' notice
Billing
- You authorize us to charge your payment method for all fees
- You are responsible for providing valid and current payment information
- Failed payments may result in service suspension
Taxes
All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, and value-added taxes.
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.
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
Termination by You
You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.
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
- Engage in fraudulent or illegal activity
- Upon request by law enforcement or government agencies
Effect of Termination
Upon termination, your right to use our Services immediately ceases. We will provide you with a reasonable opportunity to export Your Data before deletion. Some provisions of these Terms survive termination, including limitations of liability and indemnification.
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 Disputes
These Terms shall be governed by the laws of the State of Utah, United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in Salt Lake City, Utah, in accordance with the rules of the American Arbitration Association. You waive your right to participate in class action lawsuits.
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.
Contact Us
If you have questions about these Terms of Service, please contact us:
Email: legal@savepointhq.com
General Inquiries: hello@savepointhq.com
Phone: (385) 396-4901
Address: Salt Lake City, UT, United States