Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By accessing or using BrotherPOS ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and BrotherPOS ("Company," "we," "us," or "our").

2. Service Description

BrotherPOS provides a point of sale (POS) system specifically designed for cannabis dispensaries, including hardware, software, and related services. The Service includes:

  • POS hardware (touchscreen terminal, receipt printer, cash drawer)
  • POS software with inventory management, sales tracking, and reporting
  • Customer support and training
  • Software updates and security patches
  • Optional cloud portal access (Professional plan)

3. Account Registration and Eligibility

To use the Service, you must:

  • Be at least 21 years of age (or legal age in your jurisdiction)
  • Operate a legally licensed cannabis dispensary or retail business
  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information to keep it accurate and current
  • Be responsible for maintaining the confidentiality of your account credentials
  • Be responsible for all activities that occur under your account

4. Subscription and Payment Terms

4.1 Subscription Plans

BrotherPOS offers monthly and annual subscription plans. Pricing is available on our website and includes hardware lease, software license, and support services.

4.2 Payment

You agree to pay all fees associated with your chosen subscription plan. Payments are processed automatically on a recurring basis (monthly or annually) until you cancel your subscription.

4.3 Price Changes

We reserve the right to modify subscription pricing with at least 30 days' advance notice. Price changes will not affect your current subscription term.

4.4 Refunds

We offer a 30-day money-back guarantee for new subscriptions. After 30 days, subscription fees are non-refundable. You may cancel at any time to prevent future charges.

5. Hardware Lease Terms

The hardware provided as part of your subscription is leased, not sold. You agree to:

  • Use the hardware only for its intended purpose
  • Maintain the hardware in good working condition
  • Not modify, sell, or transfer the hardware to any third party
  • Return the hardware upon subscription cancellation using our prepaid shipping label
  • Pay for any damage beyond normal wear and tear

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the Service for any illegal activities
  • Attempt to circumvent security features or access unauthorized areas
  • Reverse engineer, decompile, or disassemble the software
  • Interfere with or disrupt the Service or servers
  • Share your account credentials with unauthorized users
  • Use the Service to process fraudulent transactions

7. Data Ownership and Privacy

You retain ownership of all data you input into the Service. We collect and process data as described in our Privacy Policy.

We maintain security measures to protect your data, but you are responsible for maintaining appropriate backups and security practices at your location.

8. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, error-free, or completely secure. We will make commercially reasonable efforts to maintain the Service but cannot guarantee continuous availability.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAFFICPOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the liability.

10. Termination

You may cancel your subscription at any time with 30 days' notice. We may suspend or terminate your access to the Service if you violate these Terms or engage in fraudulent activity.

Upon termination, you must cease using the Service and return all leased hardware within 14 days.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Canada. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with Canadian arbitration rules.

You and BrotherPOS agree to waive the right to a jury trial or to participate in a class action.

13. Contact Information

If you have questions about these Terms, please contact us:

Email: info@brotherprocessing.com

Phone: 1-800-891-8965

Website: Contact Form

By using BrotherPOS, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.