These Terms of Service are an agreement between Denali Solutions LLC, an Arizona limited liability company doing business as Denali Operations and Denali POS ("Denali", "we", "us") and the business that signs up for or uses Denali POS ("you"). By submitting our sign-up form, pairing a register, or using Denali POS, you agree to these terms and to our Privacy Policy. If you accept for a business, you confirm you are allowed to do so on its behalf. Denali POS is for businesses, not for personal or household use.
If your business has accepted the Denali Service Agreement (you do when you choose a plan), it applies too. For plans, prices, billing, cancelling and the early termination fee, the agreement wins over these terms.
1. The service
Denali POS is cloud point-of-sale software: register apps that run in a web browser on devices you provide (or lease from us), a cloud copy of your data shared by your registers, remote setup and support, and related tools ("the service"). 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 in advance.
2. Your account
- Give us accurate business, contact and billing details, and keep them up to date.
- You decide who in your business can use Denali POS and what each person may do (owner, manager or cashier). Keep PINs and sign-in details private. You are responsible for what is done with your registers, PINs and account.
- Tell us right away at support@denali-operations.com if a device is lost or stolen, or if you think someone is using your account without permission. We can switch off a register remotely.
- You agree that we may contact you by email about your account and the service.
3. Fees and billing
- Fees are as stated in your quote or order (normally a monthly subscription per location), billed monthly in advance to the payment method you give us. Any free trial is as stated in your quote; billing starts when it ends unless you cancel before then.
- Fees don't include taxes. You pay any sales, use or similar taxes on them, other than taxes on our income.
- If a payment fails, we'll tell you and try 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.
- We may change our prices with at least 30 days' notice by email; the new price applies from your next billing period after that. If you don't agree, you may cancel before it takes effect.
- If you think a charge is wrong, tell us within 60 days and we'll look into it in good faith.
4. Hardware
If you buy or lease hardware (registers, printers, cash drawers or scanners) through us, its price, lease length and return terms are as stated in your quote. Leased hardware stays our property; keep it in good condition and return it when the lease ends, or pay its replacement cost as stated in your quote if it is lost or damaged beyond normal wear. Hardware made by other companies comes with its maker's warranty.
5. Card payments
Card payments on a card reader run through Stripe Connect: your business has its own Stripe account, under Stripe's own terms, and the money goes to that account. Stripe's fee and Denali's per-payment fee, if any, come out of each payment, as the Denali Service Agreement says. You can also run cards on your own card terminal from a card processor you choose, under your own agreement with that processor. Either way, Denali never handles or stores card numbers, and you are responsible for your processor's rules, fees, refunds, chargebacks and disputes.
6. Sales tax and your records
Denali POS calculates sales tax using the rates set for your selling location or locations. Tax rates are set by law and change. We help look up and set your rates, but you are responsible for confirming that your rates and tax settings are right, and for collecting, reporting and paying sales tax and keeping the records the law requires. Denali POS is a tool; nothing in it or from us is tax, accounting or legal advice.
7. Your data
- You own the data you put into Denali POS (your items, sales, staff and customer information). You give us permission to store, copy and process it to provide, secure, support and improve the service, as described in our Privacy Policy. We won't sell it.
- You can download a full backup of your data at any time from any register.
- You are responsible for having the right to the information you enter (for example your staff's details and any customer names), and for giving your staff and customers any notices the law requires.
- We may use information about how the service performs (for example errors and speed), with your business's identity removed, to improve it.
8. 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.
9. Availability and support
Registers keep selling without internet and sync when the connection is back. Cloud features, syncing between registers and remote 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 be uninterrupted or free of errors. We'll announce planned maintenance in advance when it could affect you. Support is available by email at support@denali-operations.com and from the "Report a problem" button on every register.
10. Warranties
We will provide the service with reasonable care and skill. Except for that and anything else written in these terms, 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.
11. Limits of liability
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, 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 these terms, or from the information you put into Denali POS.
12. Ending the service
- If your business has accepted the Denali Service Agreement, cancelling follows that agreement, including its $49.99 early termination fee in the first 12 months.
- If your business hasn't accepted it, you can cancel at any time, with no fee, by emailing support@denali-operations.com. Cancellation takes effect at the end of your current billing period, and fees already paid for that period aren't refunded, unless the law requires otherwise.
- We can end the service with at least 30 days' notice, or right away if you seriously break these terms (for example illegal use, or fees still unpaid 30 days after we told you).
- When the service ends, your registers stop syncing. You can still export your data for 30 days; after that we delete it as described in our Privacy Policy.
- Sections 6, 7, 10, 11 and 13 continue after the service ends, along with any fees owed.
13. Changes and general terms
- Changes to these terms. We may update these terms. We'll email you about important changes at least 30 days before they take effect. If you keep using the service after that, you accept the new terms; if you don't agree, you may cancel before they take effect.
- Things outside anyone's control. Neither side is responsible for delays or failures caused by events beyond reasonable control, such as internet or power outages, natural disasters or failures of other providers.
- Governing law. These terms are 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.
- The whole agreement. These terms, your quote or order, the Privacy Policy and, once your business accepts it, the Denali Service Agreement are the whole agreement between us about the service. If your quote says something different, the quote wins for that point. The Denali Service Agreement wins for plans, prices, billing, cancelling and the early termination fee. If part of these terms 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.
- Notices. We send notices to the account email you gave us; you send them to support@denali-operations.com.
Denali Solutions LLC (Denali Operations) · 4611 E Chandler Blvd, Ste 112 #4267, Phoenix, AZ 85048 · sales@denali-operations.com · support@denali-operations.com