Terms of Service.

1. Agreement and acceptance

These Terms, the Privacy Policy, and the Data Processing Addendum (DPA) together form the contract between you and us. If a separate written agreement signed by us covers the same subject, that agreement controls for the parts it covers.

2. The Service

CBDPOS is business software for retailers: an online storefront, an in-store register, delivery and shipping management, sales tax calculation, and compliance tools such as age gates, certificate-of-analysis tracking, and restricted-state blocking.

We may add, change, or remove features as we improve the Service, and some features may be offered first as previews or beta releases. If a change materially reduces what a paid plan includes, we will tell account holders before it takes effect.

3. Eligibility

You may use the Service only if you are at least 18 years old and are using it for a lawful business purpose. By using the Service you represent that the information you give us about your business is accurate and complete.

4. Your compliance responsibilities

The Service is software. You, not we, run your business, choose your products, and interact with your customers. You alone are responsible for making sure your business complies with every law that applies to you, including licensing, product legality, labeling, taxes, and advertising rules for hemp, CBD, tobacco, peptide, and other regulated products.

You must verify the age of your customers as your industry requires, sell only products that are legal in the jurisdiction of the sale, keep required records such as certificates of analysis current, and honor THC and potency limits. Our compliance tools help you, but using them is not legal advice and does not shift legal responsibility from you to us.

5. Free trials

• New accounts start with a 30-day free trial. You will not be charged during the trial.
• A payment method is required at signup through Stripe's checkout so your subscription can start when the trial ends.
• When the trial ends, your subscription begins automatically and your payment method is charged the price shown at signup, unless you cancel before the trial ends.
• We will email you before your trial ends as a reminder.
• Cancel any time before the trial ends, at no charge, from your billing settings in the admin or by contacting support.

6. Subscriptions, billing, and automatic renewal

• Subscriptions are billed monthly in advance at the price shown at signup, including any per-location add-ons you select.
• Subscriptions renew automatically each month until you cancel. This is the automatic renewal disclosure required by law: your subscription continues and your payment method is charged each month until you cancel.
• You may cancel any time from your billing settings in the admin, or through the billing portal, or by contacting support. Cancellation takes effect at the end of the paid month; you keep access until then.
• Fees for the current month are not refunded when you cancel, except where the law requires a refund.
• If a charge fails, we (through Stripe) will retry it over several days. If payment still fails, your store is paused after 7 days and we will email you. Your data is kept for 30 days, then deleted, as described in section 9.
• We may change prices on advance notice by email. The notice will state the new price and when it takes effect; the new price applies from the next billing cycle after it takes effect.

7. Payment processing independence

Card payments for your own sales run through your own payment processor account, such as your Authorize.net account, under your agreement with that processor. We never take custody of, hold, or receive your sales revenue. Funds from your sales move between your customer and your processor, and payouts go to you under your processor agreement.

If you use our terminal payment program, CBDPOS Payments, the separate terms for that program describe how those transactions work.

Stripe is used only to bill your CBDPOS subscription fees. It is not involved in your product sales.

8. Suspension and termination

You may stop using the Service and cancel at any time as described in section 6.

We may suspend or terminate your account with notice by email where practical, if: charges remain unpaid after retries and the pause period; you violate these Terms or our acceptable use rules; we detect fraud or a serious security risk; or we reasonably believe your use of the Service is unlawful, including selling illegal products.

Where the problem can be fixed, we will usually warn you first and give you a chance to fix it.

9. Effect of termination

• When your account is canceled, suspended past the pause period, or terminated, your access ends and your storefront goes offline.
• We keep your store data for 30 days after termination so you can return or request an export.
• Ask us for an export of your data within those 30 days and we will provide it in a usable format.
• After 30 days, your store, products, and order history are permanently deleted. We retain only what the law requires, such as billing records.

10. Your content and data

Your content stays yours. Product data, images, orders, customer records, and settings in your store belong to you, subject to the processing described in the Privacy Policy and the DPA.

You give us a limited license to host, copy, and process your content as needed to run the Service, back it up, and keep it secure. The license ends when we delete your data after termination.

We do not sell your content or your customers' personal information.

You are responsible for having the rights to whatever you upload, including product images and certificate documents.

11. Your storefront and shopper-facing policies

Your customers buy from your store, not from us, and you are the controller of your customers' data. You must publish and maintain your own shopper-facing terms, privacy, refund, and shipping policies on your storefront, and they must tell your customers about the processors that handle their information, including that the store runs on CBDPOS.

The admin ships with editable policy templates for all four documents, pre-filled with your store's name and contact details, including the required platform disclosure. Editing and publishing them is your responsibility, and the content is your store's own legal text. We provide the templates as a tool, not as legal advice.

You are responsible to your customers for orders, refunds, delivery, and disputes, and for handling their privacy requests. We will assist you through the tools in the Service.

12. Acceptable use

You may not use the Service to break the law or the rules below. This list is part of these Terms:

• No illegal products anywhere: no marijuana where it is illegal, no controlled substances, no products banned in the jurisdiction of the sale, and no sales to people under the required age.
• No knowingly false product information, including THC content, potency claims, or missing or fake certificates of analysis.
• No card testing, payment fraud, or processing sham transactions through your processor account.
• No attempting to break, probe, or overload the Service or other merchants' stores, and no reverse engineering except where the law forbids this restriction.
• No reselling or providing access to the Service to other businesses without our written permission.

13. Third-party services

The Service works with third parties you choose or that we rely on, including your payment processor (such as Authorize.net), Stripe for subscription billing, delivery dispatch (Shipday), and shipping rate providers (EasyPost). Their own terms and privacy policies govern those relationships and their services.

We are not a party to your processor agreement. Disputes with a processor about your sales funds are between you and that processor.

14. Intellectual property

The Service, including its software, design, and documentation, is owned by Hammer Forge Apps LLC and its licensors. The CBDPOS name and marks are ours. These Terms give you permission to use the Service for your business, and nothing more.

If you send us feedback or suggestions about the Service, you give us a free, perpetual license to use them to improve the Service, with no obligation to you.

15. Disclaimers

The Service is provided as is and as available, except for what the law does not let us disclaim. We do not promise the Service will be uninterrupted, error-free, or that any feature will remain unchanged. There is no uptime guarantee or service level agreement unless we sign one with you separately.

Sales tax calculations, compliance checks, and age gates are tools to help you, not a substitute for your own review with your accountant or counsel. Verify amounts, rules, and restrictions for your jurisdiction before relying on them. You remain responsible for the accuracy of what you charge and what you sell.

Some data, such as certificates of analysis and potency values, is entered by you. We do not verify its truth.

16. Limitation of liability

To the maximum extent the law allows, neither we nor you is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data.

Our total liability for everything connected to the Service, however it arises, is limited to the fees you paid us in the 12 months before the event that caused the claim. Nothing in these Terms limits liability that the law does not allow to be limited, such as liability for gross negligence or willful misconduct where that limit is not permitted.

17. Indemnification

You will defend and pay us back for claims, damages, and reasonable costs (including legal fees) that arise from: your products or their legality; your content, including claims that it infringes someone's rights; your customers' information and how you handle it; your violation of these Terms or of any law; or your payment processor relationship.

We will defend and pay you back for a third-party claim that the Service itself, as we provide it, infringes someone's intellectual property, as long as you tell us promptly, let us control the defense, and cooperate with us. If the Service becomes infringing because of your content or your combination of the Service with things we do not control, this obligation does not apply.

18. Changes to these Terms

We may update these Terms as the Service and the law change. The date at the top always shows the current version. For material changes we will give account holders advance notice by email or in the Service. If you keep using the Service after the notice period, the updated Terms apply. If you do not accept them, cancel before they take effect.

19. Governing law and disputes

These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of these Terms or the Service will be brought only in the state or federal courts located in Minnesota, and you and we agree to venue there.

To the extent the law allows, disputes will be handled individually, and not as a class or representative action. If a court finds the class-action waiver unenforceable, the rest of this section still applies.

20. General

• Notices to you go to the email address on your account and are treated as received when sent. Legal notices to us go to [email protected].
• You may not assign these Terms or your account without our written consent. We may assign them as part of a merger, acquisition, or sale of assets.
• If we cannot perform because of an event beyond our reasonable control, such as an outage at our hosting provider or a natural disaster, our obligations are suspended to that extent for as long as the event lasts.
• If a court strikes down part of these Terms, the rest stays in force, and the struck part will be replaced with the closest enforceable terms.
• These Terms, the Privacy Policy, the DPA, and any program terms we sign with you (such as CBDPOS Payments terms) are the entire agreement between us about the Service. They replace earlier informal understandings on the same subjects.
• Our failure to enforce a rule is not a waiver of it. Sections that should survive termination (such as disclaimers, liability limits, indemnification, and governing law) survive.