1. Introduction Welcome to CloudPOS, a cloud-based Point of Sale (POS), Inventory Management, and Business Management Software developed and operated by Swavy Global Service Nig. Ltd. ("Swavy Global", "CloudPOS", "we", "our", or "us"). These Terms and Conditions ("Terms") govern your access to and use of the CloudPOS software, website, mobile applications, desktop applications, APIs, and related services (collectively, the "Services"). By creating an account, subscribing to, accessing, or using CloudPOS, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Services.
2. Eligibility To use CloudPOS, you must: Be at least 18 years of age or the legal age to enter into binding contracts in your jurisdiction. Have the authority to act on behalf of the business or organization using the Services. Provide accurate, current, and complete registration information. 3. Account Registration You are responsible for: Maintaining the confidentiality of your username and password. Ensuring all account information remains accurate and up to date. Restricting unauthorized access to your account. Notifying Swavy Global immediately if you suspect unauthorized use of your account. You are responsible for all activities carried out using your account. 4. Subscription and Fees CloudPOS is offered through subscription plans unless otherwise agreed in writing. Subscription fees: Are payable in advance. May be billed monthly, quarterly, or annually. Are non-refundable except where required by law or expressly stated in a separate agreement. May change upon prior notice to customers before renewal. Failure to pay applicable fees may result in suspension or termination of access to the Services. 5. Free Trial Where a free trial is offered: It is provided for evaluation purposes only. Certain features may be limited. Swavy Global may end or modify the trial at any time. Access may expire automatically unless converted to a paid subscription. 6. Licence to Use Subject to these Terms and payment of applicable fees, Swavy Global grants you a limited, non-exclusive, non-transferable, and revocable licence to use CloudPOS for your internal business operations. You may not: Copy or reproduce the software except as permitted by law. Sell, sublicense, rent, lease, or distribute the software. Reverse engineer, decompile, or disassemble the software. Remove copyright, trademark, or proprietary notices. Use the Services to develop a competing product. 7. Acceptable Use You agree not to: Use CloudPOS for unlawful or fraudulent activities. Upload malicious software, viruses, or harmful code. Attempt unauthorized access to any CloudPOS systems. Disrupt or interfere with the operation of the Services. Use the Services to violate applicable laws or regulations. Share login credentials with unauthorized persons. Swavy Global reserves the right to suspend or terminate accounts that violate these Terms. 8. Customer Data You retain ownership of all business information, inventory records, customer information, transaction records, reports, and other data you upload or create using CloudPOS. By using the Services, you grant Swavy Global permission to process such data solely for the purpose of providing, maintaining, securing, and improving the Services. 9. Data Security Swavy Global implements commercially reasonable technical and organizational measures to safeguard customer data, including: Secure cloud infrastructure Encrypted communications Password encryption Routine backups Access controls Security monitoring While we strive to protect your data, no internet-based system can be guaranteed to be completely secure. 10. Software Updates CloudPOS may periodically release: Bug fixes Security updates New features Performance improvements Compatibility updates Some updates may be mandatory to maintain security or functionality. 11. Third-Party Integrations CloudPOS may integrate with third-party services, including payment gateways, SMS providers, accounting software, and cloud infrastructure providers. Use of third-party services is subject to their own terms and privacy policies. Swavy Global is not responsible for the availability or performance of third-party services. 12. Intellectual Property CloudPOS, including its software, source code, design, trademarks, logos, documentation, graphics, and related materials, is the intellectual property of Swavy Global Service Nig. Ltd. or its licensors and is protected by applicable intellectual property laws. Nothing in these Terms transfers ownership of CloudPOS or its intellectual property to you. 13. Service Availability Swavy Global aims to provide reliable access to CloudPOS but does not guarantee uninterrupted or error-free operation. Service interruptions may occur due to: Scheduled maintenance Internet connectivity issues Cloud infrastructure failures Cybersecurity incidents Events beyond our reasonable control We will make reasonable efforts to minimize downtime. 14. Customer Responsibilities You agree to: Maintain reliable internet connectivity where required. Use supported hardware and software. Train your staff appropriately. Keep your login credentials secure. Back up any exported reports or records you wish to retain outside the platform. Comply with all applicable laws, including tax, accounting, and data protection requirements. 15. Suspension and Termination Swavy Global may suspend or terminate access to CloudPOS if: Subscription fees remain unpaid. These Terms are breached. Fraudulent or unlawful activity is detected. Continued access poses a security risk. Required by law or regulatory authorities. You may terminate your subscription by providing notice in accordance with your subscription agreement. Termination does not relieve you of any outstanding payment obligations. 16. Limitation of Liability To the maximum extent permitted by law, Swavy Global shall not be liable for: Indirect, incidental, special, or consequential damages. Loss of profits, revenue, business opportunities, or goodwill. Data loss caused by customer actions, third-party systems, or events beyond our reasonable control. Business interruptions arising from internet outages or force majeure events. Where liability cannot be excluded, our total liability shall not exceed the subscription fees paid by the customer for the twelve (12) months immediately preceding the event giving rise to the claim. 17. Indemnification You agree to indemnify and hold harmless Swavy Global, its directors, officers, employees, and agents from claims, liabilities, damages, losses, and expenses arising from: Your misuse of the Services. Your breach of these Terms. Your violation of applicable laws. Your infringement of the rights of any third party. 18. Confidentiality Each party agrees to protect confidential information disclosed by the other and not to use or disclose such information except as necessary to perform obligations under these Terms or as required by law. 19. Force Majeure Swavy Global shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including natural disasters, strikes, war, civil unrest, epidemics, government actions, power failures, telecommunications failures, or internet disruptions. 20. Governing Law and Dispute Resolution These Terms shall be governed by the laws of the Federal Republic of Nigeria. The parties shall first seek to resolve any dispute through good-faith negotiations. If the dispute cannot be resolved amicably, it shall be submitted to the courts of competent jurisdiction in Nigeria, unless otherwise agreed in writing. 21. Changes to These Terms Swavy Global may update these Terms from time to time to reflect changes in the law, our Services, or business practices. Updated Terms will be published through CloudPOS or our website. Continued use of the Services after the effective date of the revised Terms constitutes acceptance of the updated Terms. 22. Contact Information For questions regarding these Terms and Conditions, please contact: Swavy Global Service Nig. Ltd. Website: www.cloudpos.ng Email: support@cloudpos.ng Privacy Enquiries: privacy@cloudpos.ng Phone: 08167979579 23. Entire Agreement These Terms, together with our Privacy Policy, any applicable subscription agreement, service level agreement (where applicable), and any written addenda agreed between the parties, constitute the entire agreement between you and Swavy Global Service Nig. Ltd. regarding the use of CloudPOS and supersede all prior discussions, proposals, or agreements relating to the Services.