Key terms
- Price: the monthly price of the plan you choose, shown before you agree. Prices don't include sales tax.
- Month to month: no long contract. We bill you every month, in advance, until you cancel.
- Cancel any time by email to support@denali-operations.com. We confirm within one business day and help you export your data and close your account. The service runs to the end of the month you paid for. We don't refund part of a month.
- Early termination fee: $49.99, once. It applies only if you cancel in the 12 months after your first bill. It doesn't apply if you cancel during the free trial, if we raise your price and you cancel within 30 days of our notice, or if we end the service or seriously fail to provide it (section 7).
- Free trial: 14 days, nothing charged. When it ends, choose a plan to keep using Denali. Your registers keep selling for 7 more days. After that, starting a new sale needs a plan.
- Card payments on a card reader go through Stripe, on your own Stripe account, and the money goes to that account. Stripe's fee and Denali's per-payment fee, if any, come out of each payment. Your register shows both in Settings → Card payments.
1. Who this agreement is between
This Denali Service Agreement ("this agreement") is between Denali Solutions LLC, an Arizona limited liability company doing business as Denali Operations and Denali POS ("Denali", "we", "us"), and the business that accepts it ("you").
You accept this agreement when you tick the box that says you agree to it, in your account or on Stripe's payment page, and continue. It starts that day. The person who accepts it confirms they are allowed to do so for the business. Denali POS is for businesses, not for personal or household use.
2. The service
Denali POS is point-of-sale software that runs in a web browser on your devices. The service includes the registers, a cloud copy of your data shared by your registers, your account on our website, help setting up, support, and related tools ("the service"). What each plan includes is shown when you choose it. We keep improving the service and may change features. We won't remove a feature that is essential to how you sell without telling you first.
3. The free trial
- A new business starts with a free trial of 14 days. Nothing is charged during the trial.
- During the trial, you use Denali with the trial's limits (for example how many registers and staff), shown in your account.
- When the trial ends, choose a plan to keep using Denali. Your registers keep selling for 7 more days. After that, starting a new sale needs a plan. Sales already open can still be paid, and your reports, orders and data stay. You can still export your data for 30 days (section 10).
- If you choose a plan during the trial, your first bill comes when the trial ends. If the trial ends in less than 2 days, your first bill comes the day you choose.
4. Plans and prices
- Your plan and its monthly price are the ones shown when you choose them. Your account shows them too.
- Prices don't include taxes. Where the law requires it, we add sales tax to your bill. You pay any sales, use or similar taxes on our fees, other than taxes on our income.
- If you change plans, the new price starts with your next bill.
- We may change our prices, including Denali's per-payment card fee. We tell you by email at least 30 days before. The new price starts with your first bill after that.
- If we raise your price, you may cancel within 30 days of our notice with no early termination fee.
5. Billing
- We bill you every month, in advance, on the card on file. Stripe, our payment provider, keeps your card. We never see the full card number.
- Stripe emails you a receipt for every bill.
- If a payment fails, we tell you and Stripe tries again. If it is still unpaid 15 days after we tell you, we may limit the service until it is paid. Your registers keep recording sales, and your data is kept.
- If you think a charge is wrong, tell us within 60 days and we'll look into it in good faith.
6. Renewal and cancelling
- This agreement is month to month. It renews by itself every month until you or we cancel it.
- You can cancel any time by email to support@denali-operations.com. In your owner portal, Plan & billing → Cancel my plan writes the email for you. We confirm within one business day, and we help you export your data, return anything you borrowed from us and close your account.
- The service runs to the end of the month you paid for, then stops. We don't refund part of a month, unless the law requires it.
- If you cancel in the 12 months after your first bill, the early termination fee in section 7 may apply.
- We can end the service with at least 30 days' notice, or right away if you seriously break this agreement (for example illegal use, or fees still unpaid 30 days after we told you).
7. The early termination fee
- How much: $49.99, charged once.
- When it applies: only if you cancel in the 12 months that start on the day of your first bill under this agreement. After those 12 months, you can cancel with no fee.
- When it doesn't apply: if you cancel during the free trial; if we raise your price and you cancel within 30 days of our notice; if we end the service; or if we seriously fail to provide the service and don't fix it within 30 days after you tell us.
- How it's charged: we add it to your last bill. You pay it like your other bills: on the card on file, or from the invoice we email you.
- Why there is a fee: setting up a store and supporting it in its first year costs us more than a few months of fees cover, and that cost is hard to measure exactly. The fee covers part of it. We both agree it is a fair estimate of that cost, not a penalty.
8. Card payments
- Card payments on a card reader go through Stripe Connect. Your business has its own Stripe account, under Stripe's own terms. The money from each payment goes to your Stripe account, and Stripe pays it out to your bank.
- Stripe's fee and Denali's per-payment fee, if any, come out of each payment. Your register shows both in Settings → Card payments.
- Card numbers never reach Denali: only the card reader and Stripe see them. We keep the card brand, the last four digits and the amount, to show the sale.
- You are responsible for refunds, chargebacks and disputes on your Stripe account, under Stripe's rules.
- You can also run cards on your own card terminal from another card processor, under your own agreement with that processor.
9. Hardware
Denali runs on your own devices: a tablet, phone or computer with a modern web browser. If you lease or buy hardware through us, its price, its length and its return terms are in its quote, and our Terms of Service apply to it.
10. Your data
- Your data is yours: your items, sales, staff and customer information. We use it only to provide, secure, support and improve the service, as our Privacy Policy says. We never sell it.
- You can download a full backup of your data from any register, any time.
- When the service ends, you can still export your data for 30 days. After that, we delete it as our Privacy Policy says.
11. Support
Support is by email at support@denali-operations.com and from the "Report a problem" button on every register. There is no phone support.
12. Acceptable use
Don't use Denali POS to break the law or sell illegal goods; to try to get into other businesses' data or our systems; to interfere with or overload the service; or to copy, resell or reverse-engineer it, except where the law allows. We may suspend a register or account that does any of these, after telling you where possible.
13. Availability and warranty
Registers keep selling without internet and sync when the connection is back. A card reader needs the internet to take a card. Cloud features, syncing between registers and support depend on internet service and on our providers. We work to keep the service available and to fix problems quickly, but we can't promise it will always work without breaks or errors. We'll tell you in advance about planned maintenance that could affect you.
We will provide the service with reasonable care and skill. Except for that and anything else written in this agreement, and to the extent the law allows, the service is provided "as is" and "as available", and we disclaim other warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
14. Liability and indemnity
To the extent the law allows: neither you nor we will be liable to the other for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, even if told they were possible; and each side's total liability for all claims about the service is limited to the fees you paid us in the 12 months before the event that caused the claim. These limits don't apply to your obligation to pay fees (including the early termination fee), to a party's fraud or willful misconduct, or where the law doesn't allow them.
You will defend and cover us against claims by others that come from your breaking the law or this agreement, or from the information you put into Denali POS.
15. Changes to this agreement
- We may update this agreement. We email you at least 30 days before an important change takes effect. If you don't agree, you may cancel before it takes effect.
- A new early termination fee, or a higher one, never applies to a 12-month period that has already started.
- Each version has its own date and its own page on our website, and that page never changes.
16. How we record your agreement
- When you accept this agreement, we record the name and email of the person who accepted it, the business, the date and time, the IP address and the device (web browser) used, the version of this agreement, and the plan and price chosen.
- We email a full copy of this agreement to the person who accepted it. You can read it, and get another copy, in your account at any time.
- We keep this record while this agreement is in force and for 7 years after it ends.
17. Arizona law and disputes
This agreement is governed by the laws of the State of Arizona, U.S.A., without regard to conflict-of-law rules. Before going to court, each side agrees to try to settle a dispute by talking for at least 30 days after written notice. Either side may still go to small claims court.
18. The whole agreement
- This agreement, our Terms of Service and our Privacy Policy are the whole agreement between us about the service. If they say different things, this agreement wins for plans, prices, billing, cancelling and the early termination fee.
- If part of this agreement can't be enforced, the rest still applies. Not enforcing a term isn't a waiver of it.
- You may not transfer this agreement without our written consent. We may transfer it as part of a merger or sale of our business.
- We send notices to the account email you gave us. You send them to support@denali-operations.com.
19. Contact
- Denali Solutions LLC (Denali Operations), Arizona
- Questions about this agreement or your bill: support@denali-operations.com
- Sales: sales@denali-operations.com