Terms of Service

1. Accepting these Terms

In short: By ticking the consent box at signup, creating an account or using the Service, you agree to these Terms on behalf of your business. The person who signs up must be allowed to do that.

You accept these Terms when you tick the consent box during signup, create an account, or use the Service. If you do not agree, do not use the Service.

The person accepting these Terms confirms that they are at least the age of majority in their province or territory and that they have authority to bind the Merchant. Where the Merchant operates in a regulated industry (for example cannabis or liquor retail), the Merchant confirms it holds every licence and permit its regulator requires.

We keep a record of which version of these Terms and of our Privacy Policy you accepted, when, and from which account. If we make material changes, we may ask you to accept the new version before you continue using the Service (see "Changes to these Terms").

2. The Service

In short: We provide hosted point-of-sale software: an admin dashboard and a POS app. We are not a bank or a payment processor, and we do not give legal or tax advice.

DGEN POS is subscription software for running a retail store: a web admin dashboard for products, staff, customers, orders, reports and settings, and a point-of-sale app for taking orders and payments in store, including on supported card readers.

The Service is software. We are not a payment processor, a bank, a money services business or a regulator. Card payments run on your own Stripe account (see "Payment processing and your Stripe account"). Features that help with compliance (for example age prompts, purchase limits or report exports) are tools you operate; they do not replace your own obligations or professional advice.

We may add, change or retire features over time. We will use reasonable efforts to tell you in advance about changes that remove functionality you rely on.

3. Your account and your staff

In short: Keep your login and staff PINs private, give us accurate information, and take responsibility for what the people you invite do in your account.

You must give accurate, current information about yourself and your business and keep it up to date. You are responsible for every action taken in your account, including by the owners, admins, managers and cashiers you invite, and by anyone who uses a staff PIN or a signed-in device.

Keep passwords, staff PINs and enrolled devices secure. Tell us at rachit@1humanos.com right away if you believe an account, PIN or device has been compromised. We may suspend access to protect you, other merchants or the Service.

You may sign in with an email address and password or with Google sign-in. If you use Google sign-in, Google's terms also apply to that sign-in.

4. Subscription, fees and billing

In short: You pay the subscription fee shown at checkout, billed by us through Stripe. Plans renew automatically unless you cancel. Taxes are extra. We never stop a sale because you passed your plan's monthly sales figure.

Your subscription fee, billing period and what the plan includes are shown at checkout and on the Billing page of the dashboard. The price shown at checkout is the price you pay for that term, plus applicable taxes.

We bill subscription fees through Stripe. By subscribing you authorize us and Stripe to charge the payment method you provide for each renewal. Subscriptions renew automatically at the end of each term unless you cancel before the renewal date. To cancel, email rachit@1humanos.com from the account owner's email address; cancellation takes effect at the end of the current paid term.

Some plans name a number of sales per month. It is never a limit: the Service does not stop or refuse a sale because you pass it, and passing it in one month changes nothing. If your sales pass it two months in a row, we may contact you to offer a plan that fits.

If a payment fails, we will notify you and retry. If it still fails, your account enters a grace period and may then be suspended until payment succeeds. Fees are non-refundable except where the law requires a refund or we say otherwise in writing.

We may change our prices. A price change applies from your next renewal, and we will give you at least 30 days' notice by email before an increase takes effect.

5. Payment processing and your Stripe account

In short: Card payments run on your own Stripe connected account under Stripe's Connected Account Agreement. Stripe moves the money; we are not a party to your card transactions or disputes.

To accept card payments you must set up a Stripe connected account through the Service. When you do, you enter into the Stripe Connected Account Agreement directly with Stripe (https://stripe.com/connect-account/legal/full). Stripe collects your business, identity and bank details, decides whether to approve your account, and pays out your funds. Stripe records your acceptance of its agreement; we do not.

We are not a party to transactions between you and your customers. Processing fees, payout timing, refunds, chargebacks and disputes are governed by Stripe's agreement with you. We can help you review a transaction in the dashboard, but we cannot reverse Stripe's decisions.

Card numbers are entered on Stripe's card readers or Stripe's hosted forms and go to Stripe directly. We do not receive or store full card numbers.

Cash sales, till counts and refunds you record in the Service are your own records. You are responsible for their accuracy.

6. Acceptable use

In short: Use the Service lawfully and only for your own business. Don't break it, copy it, resell it, or use it to harm others.

• Use the Service only to run your own business, in compliance with all laws and regulations that apply to you, including consumer, tax, privacy and industry-specific rules.
• Do not use the Service to sell anything you are not licensed or permitted to sell, or to sell age-restricted products to people under the legal age.
• Do not interfere with the Service, probe or bypass its security, scrape it, overload it, or access another merchant's data.
• Do not copy, modify, reverse engineer, resell, sublicense or offer the Service to third parties, except as the law allows.
• Do not upload content that is unlawful, infringing or harmful, and do not enter personal information about people you have no right to collect.

We may suspend or limit access if we reasonably believe these rules are being broken, and we will tell you why unless the law prevents us.

7. Your data and your customers' data

In short: Your data stays yours. We host and process it only to run the Service for you. You are responsible for the personal information you collect about your customers, and we act on your instructions as your service provider.

"Merchant Data" means everything you and your staff enter or generate in the Service: products, staff, customers, orders, payments, reports and settings. You own Merchant Data. You grant us a licence to host, copy, process, transmit and display it only as needed to provide, secure, support and improve the Service and as our Privacy Policy describes.

Customer personal information (names, contact details, dates of birth, purchase history) is collected by you, for your purposes. Under Canadian privacy law you are the organization accountable for it; we process it on your behalf and on your instructions as a service provider. You must have a lawful basis, give your customers the notices they are entitled to, and honour their requests. We will help you respond to access or deletion requests that concern data in the Service.

We use sub-processors (hosting, payments, email, call booking, error monitoring and sign-in providers) to run the Service. The current list, where each one processes data, and the safeguards we use are in our Privacy Policy. Some sub-processors operate outside Canada; you acknowledge this at signup.

We keep audit logs of actions in your account (who did what and when) to protect you and to meet our own legal obligations. We may use aggregated or de-identified usage information, which cannot identify you or your customers, to operate and improve the Service.

While your subscription is active, and during the wind-down period after it ends, you may ask us at rachit@1humanos.com for a copy of your Merchant Data in a machine-readable format.

8. Regulated industries

In short: If you sell cannabis, liquor or other regulated products, you stay responsible for your licence, your regulator's reporting and every ID check. Our features help; they don't replace your obligations.

Some verticals of the Service support regulated retail such as cannabis and liquor. Using them does not transfer any of your regulatory obligations to us. You remain solely responsible for holding valid licences, verifying the age and identity of customers, observing purchase and possession limits, keeping the records your regulator requires, filing reports, and following advertising and packaging rules.

Compliance-related features (for example age prompts, equivalency meters, purchase limits or report exports) are configured by you and depend on the data you enter. They are aids, not legal advice or a guarantee of compliance. Check your regulator's current requirements and your own configuration.

You must tell us promptly if your licence is suspended, revoked or changes in a way that affects your right to use the Service for regulated sales.

9. Hardware

In short: Card readers, printers, scanners and cash drawers come from third parties. Their makers' warranties apply, not ours.

The Service works with third-party hardware such as card readers, receipt printers, barcode scanners and cash drawers. Unless we say otherwise in writing, hardware is sold or supplied by its manufacturer or reseller under their own terms and warranties. Stripe card readers are supplied under Stripe's terms.

We are not responsible for hardware defects, damage, loss, or incompatibility caused by changes a manufacturer makes. Keep hardware firmware and the POS app up to date.

10. Intellectual property

In short: We own the Service and its brand. You keep your own content and trademarks. If you send us ideas, we can use them without owing you anything.

The Service, including its software, design, documentation and the DGEN names and logos, belongs to DGEN Technologies Corp. or our licensors and is protected by intellectual property laws. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your business during your subscription; they do not sell you any rights.

You keep all rights in your own content and trademarks. You allow us to display your store name and logo inside the Service (for example on receipts and on the kiosk screen) as part of providing it.

If you give us feedback or suggestions, you agree we may use them without restriction or compensation.

11. Third-party services

In short: Stripe, Google sign-in and other third-party services have their own terms. We don't control them.

The Service connects to third-party services, including Stripe for billing and payments and Google for sign-in. Your use of those services is governed by their terms and privacy policies. We are not responsible for their acts, omissions or availability.

Links to third-party sites or hardware vendors are provided for convenience only.

12. Availability, support and changes

In short: We work to keep the Service up and to fix problems quickly, but we don't promise it will never be interrupted. Support is by email.

We aim to keep the Service available at all times but do not guarantee uninterrupted or error-free operation. Planned maintenance, updates, third-party outages (including hosting, payment and sign-in providers) or events outside our control may interrupt it. The POS app can keep recording cash orders while offline and syncs them when connectivity returns; card payments require connectivity.

Support is available by email at rachit@1humanos.com. We do not offer a guaranteed response time or service-level credit unless we agree one with you in writing.

We may update the Service at any time, including for security. Some updates may require you to update the POS app or your hardware firmware.

13. Term, suspension and termination

In short: You can cancel any time; your paid term runs out and access ends. We can suspend or end your account for non-payment or serious breaches. After termination we delete your data on the schedule in the Privacy Policy, unless the law requires us to keep it longer.

These Terms apply from the day you accept them until your account is closed. You may cancel your subscription at any time by emailing rachit@1humanos.com from the account owner's email address. Access continues until the end of the paid term.

We may suspend or terminate your account, with notice where reasonably possible, if you fail to pay, materially breach these Terms, use the Service unlawfully, or if we are required to by law, a regulator or a payment partner. We may also discontinue the Service on at least 60 days' notice, in which case we will refund any prepaid fees for the period after discontinuation.

After termination you lose access to the Service. We keep Merchant Data for the wind-down period described in our Privacy Policy so that you can request a copy, and then delete or de-identify it, except where we must keep records for legal, tax or regulatory reasons. Sections that by their nature should survive (including fees owed, data, intellectual property, disclaimers, limitation of liability, indemnification and governing law) continue to apply.

14. Disclaimers

In short: The Service is provided as is. We don't promise it will meet every need or be free of errors, and it is not legal, tax or compliance advice.

To the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties or conditions of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, that data will not be lost, or that it will meet your regulatory requirements.

Nothing in the Service is legal, tax, accounting or compliance advice. Some jurisdictions do not allow certain disclaimers; in that case they apply to the maximum extent permitted.

15. Limitation of liability

In short: Our total liability to you is limited to the fees you paid us in the 12 months before the claim. We are not liable for indirect losses like lost sales or lost data, except where the law does not allow that limit.

To the fullest extent the law allows, neither DGEN Technologies Corp. nor its directors, employees or suppliers will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, sales, goodwill or data, arising out of or related to these Terms or the Service, even if we were told they were possible.

To the fullest extent the law allows, our total liability for all claims arising out of or related to these Terms or the Service will not exceed the subscription fees you paid us in the 12 months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited by law, including liability for fraud or wilful misconduct.

16. Indemnification

In short: If your use of the Service, the products you sell, or your breach of these Terms leads to a claim against us, you cover our costs.

You will defend, indemnify and hold harmless DGEN Technologies Corp. and its directors, employees and agents from any third-party claim, loss, liability, damage and expense (including reasonable legal fees) arising out of or related to: your use of the Service; Merchant Data or the products you sell; your breach of these Terms or of any law, licence condition or regulatory obligation; or a dispute between you and your customers or staff.

17. Governing law and disputes

In short: These Terms are governed by the law named below. Talk to us first; if we can't sort it out, the courts there decide.

These Terms and any dispute arising out of them or the Service are governed by the laws of [GOVERNING LAW — default: British Columbia, Canada] and the federal laws of Canada applicable there, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting a legal proceeding, you agree to contact us at rachit@1humanos.com and try in good faith to resolve the dispute informally for at least 30 days. Failing that, the courts of [GOVERNING LAW — default: British Columbia, Canada] have exclusive jurisdiction and each party submits to them, except that either party may seek injunctive relief in any court to protect its intellectual property or confidential information.

18. Changes to these Terms

In short: We version these Terms by date. For material changes we'll tell you and may ask you to accept the new version before you keep using the Service.

Each version of these Terms is identified by its date at the top of the page. We may update them from time to time. For material changes we will notify you (for example by email to the account owner or a notice in the dashboard) at least 30 days before they take effect, unless the change is required by law or addresses a security or legal risk, in which case it may take effect sooner.

Continuing to use the Service after a new version takes effect means you accept it. We may require an owner or admin to accept the new version in the dashboard before continuing. The version you accepted, and when, is recorded in your account.

19. General terms

In short: The usual housekeeping: this is the whole agreement, you can't transfer it without our consent, and if one clause fails the rest still stand.

• Entire agreement. These Terms, together with the Privacy Policy, the plan details shown at checkout and any written order form, are the entire agreement between us about the Service and replace any earlier agreements.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition or sale of assets, and will notify you if we do.
• Severability and waiver. If a court finds part of these Terms unenforceable, the rest remains in effect. Not enforcing a right is not a waiver of it.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.
• Notices. We send notices to the owner email address on your account. Send notices to us at rachit@1humanos.com or to the address in "Contact us".
• Language. These Terms are written in English. Les parties ont convenu que les présentes conditions soient rédigées en anglais.
• No third-party beneficiaries. Only you and DGEN Technologies Corp. have rights under these Terms.

20. Contact us

In short: Questions about these Terms? Email support or write to us.

DGEN Technologies Corp.

[REGISTERED ADDRESS]

Email: rachit@1humanos.com

Privacy questions and requests: see the Privacy Policy.