Effective Date: Jan 1st, 2026
Company: Swype Systems Inc., trading as SwypePOS
Service: https://swypepos.com
These Terms of Use (Terms) are between the business or individual accepting these Terms (you/Merchant) and Swype Systems (Provider). These Terms govern your access to and use of Provider’s software application and the services it provides (collectively, the App), including all associated documentation, intellectual property, and proprietary materials.
By clicking “Accept” or by accessing, downloading, installing, copying, or using the App, you agree to be bound by these Terms. If you do not agree, you must not use or must delete the App.
1. The App
The App provides the ability to manage and optimize restaurant workflows, customize menus, pricing, and promotions, access analytics and reporting dashboards, and integrate with third-party services and platforms.
Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the App solely for your internal business purposes. You may not distribute, lease, rent, host, sublicense, transfer, sell, or export the App. You may not modify, reverse engineer, decompile, copy, create derivative works from, or attempt to derive the source code of the App. All other rights remain with Provider, and you must preserve all proprietary notices and branding in the App.
The App may update automatically, and you may be required to accept updates to continue using it. Maintenance may result in temporary service interruptions, and Provider may not support older versions. You are responsible for obtaining all equipment and services necessary to access and use the App.
2. The Fee
Use of the Service may be subject to fees under separate agreements. You agree to pay all applicable subscription or service fees and any applicable taxes, and to notify Provider of billing disputes within 120 days. Fees are non-refundable unless otherwise stated.
3. Term
This Agreement begins when you first access or use the Service and continues for the duration of your use. The term, renewal, and duration of the Service are governed by your separate SaaS agreement with Provider. In the event of any conflict, that agreement’s terms will prevail.
4. Suspension and Termination
Provider may suspend or terminate your access to the App if you violate any term of these Terms, if Provider believes your use may harm its reputation or intellectual property, if third-party agreements related to the App are terminated, if you exceed reasonable usage limits, if you experience bankruptcy or insolvency, or if you use the App for illegal, fraudulent, or unauthorized purposes.
You may terminate these Terms at any time by notifying Provider. Termination is effective at the end of the current billing period, and no refunds will be issued for partial months.
5. Confidentiality, Data, and Ideas
“Confidential Information” includes non-public business information, operational details, technical specifications, and customer lists. Exceptions include information already public, lawfully possessed prior to disclosure, independently developed, or received from a third party without restriction.
Confidential Information may only be disclosed to personnel who need it to perform obligations, or as required by law. Provider may use data collected from the App to provide services, for research and development, and for aggregated reporting, consistent with applicable laws. Our Privacy Policy is available at Privacy Policy – SwypePOS.
Ideas submitted about the App, such as improvements or suggestions, are not confidential. By submitting such Ideas, you grant Provider the right to use them without restriction or compensation.
6. Account
You are required to register for an account to use the App and must provide accurate and current information. You are responsible for maintaining the security of your account credentials, including usernames, passwords, and security questions. You must notify Provider of any security breaches involving your account or the App. You are responsible for any unauthorized access, disclosure, use, or alteration of your account. You are also responsible for backing up and maintaining the accuracy and completeness of any content created, stored, or accessed through your account.
7. Risk Allocation
The App is provided “as-is” and “as-available.” Provider disclaims all warranties, including merchantability, fitness for a particular purpose, security, and uninterrupted operation. You indemnify Provider for any third-party claims arising from your use or misuse of the App. Provider is not liable for lost profits, revenues, or indirect, incidental, or consequential damages. Total liability is capped at fees paid in the one month prior to the claim.
8. Communications
You authorize Provider to contact you via email, text, phone, or in-app messages. You are responsible for any fees your carrier may charge.
9. Privacy Compliance
Provider will process any data you provide in accordance with applicable privacy and data protection laws. Personal information collected through the App will only be used to provide the Services, fulfill contractual obligations, or for other legitimate business purposes. Provider will not sell or disclose personal information for unrelated commercial purposes. All data will be handled securely, with reasonable measures to protect against unauthorized access, disclosure, or misuse.
10. Data Subject Rights
Provider will assist the Merchant with responding to data subject requests under privacy laws. Requests may be redirected to the Merchant when necessary. Provider will notify the Merchant immediately of any complaints or inquiries.
11. General
You represent and warrant that you have the authority to enter into these Terms. Provider may modify these Terms and provide notice via email, in-app notifications, or website updates. Continued use constitutes acceptance. Both parties must comply with applicable laws and may not use the App to transmit malicious or illegal content.
These Terms are governed by the laws of British Columbia, Canada, and any disputes will be subject to the exclusive jurisdiction of the courts located in Vancouver, British Columbia. Both parties waive their rights to a jury trial.
These Terms constitute the entire agreement and supersede all prior agreements. Invalid provisions are severable. You may not assign these Terms without Provider’s written consent; Provider may assign without notice.
Contact
For questions regarding this TERMS, please contact:
Email: info@swypepos.com
Phone: 1-604-248-2369
Address: 208 – 2688 Shell Road, Richmond, B.C. V6X 4E1
By using the SwypePOS Service, you acknowledge that you have read, understood, and agreed to this Terms of Use.
