AMC AutoPOS: Terms of Use and Licence

Version 2.0 · Effective: [DATE IT GOES LIVE]

The short version

  • You pay once and own a lifetime licence for the number of devices you bought. No subscription.
  • One fee, taken once a day at cash-up from the day's total takings, cash and card both: 2.9% of the day's takings plus 15 cents for each sale. The app shows it to you before you cash up.
  • If you change your mind we don't offer refunds, but nothing here limits your legal rights, including a remedy if the software is faulty or isn't what we described.
  • If a copy isn't activated, the fee at cash-up is a higher unactivated rate (20% of the day's takings). The app shows you this before your first sale, and entering a key switches you to the standard rate straight away.

The full terms are below. If anything is unclear, contact us before you buy.

1. Who we are

AMC AutoPOS is provided by AMC inNOVAtions, a sole trader (ABN 55 020 218 514), in New South Wales, Australia. You can contact us at [email protected]. In these terms, "we" and "us" mean that business, and "you" means the person or business buying or using the software.

2. What you are buying

You are buying a licence to use AMC AutoPOS on the number of devices covered by your licence key (one device per key). The licence is:

  • Lifetime. It doesn't expire and has no subscription fee.
  • Non-exclusive and personal to you. We keep ownership of the software.
  • Per device. Each key covers one active device. Multi-device packs include one key per device.

3. Price and payment

The price is shown at checkout before you pay, and it is a one-off payment. Payments are processed by Stripe. Any taxes that apply are shown at checkout.

4. Activation and the unactivated rate

You can record sales in AMC AutoPOS without a licence key. The fee we take at cash-up has two rates:

  • Standard rate. Once you enter a valid licence key, the fee is charged at the standard rate in section 5.
  • Unactivated rate. Until a key is entered, the fee at cash-up is 20% of the day's total takings instead of the standard rate. This is the price of using our service without a licence. It is a pricing option, not a charge for breaching these terms.
  • You see it before you pay it. Before the first sale on an unactivated copy, the app shows this rate and asks you to either activate or confirm that you want to continue at the unactivated rate.
  • You can activate any time during the day. The fee is only worked out once, at cash-up at the end of the day. If you enter a valid key before that cash-up, the standard rate applies to that whole day's takings. [CONFIRM the app works this way]
  • A running notice. While a copy is unactivated, the app shows the fee that would be deducted today so far, and what it would be at the standard rate.
  • Confirming your cash-out. For your protection, the bank transfer of your daily takings is confirmed by the person who holds the main hub device (the "hub holder"), or by someone the hub holder has authorised, using the app's secure confirmation. How you run your business, and who else is connected, is up to you. Staff using satellite units never need to be connected, and a staff unit disconnecting never changes your rate. [CONFIRM this matches the app]
  • Disconnecting the hub before settlement. If, before settlement is complete, the hub holder deliberately disconnects the hub, or removes or deactivates its key, the business may be treated as unactivated and the unactivated rate may apply to that day's takings. The app warns the hub holder and asks them to confirm before they do this while a settlement is in progress. This does not apply if the disconnection was caused by us, by an outage of our systems, or by something outside your control, such as a power or network failure. In those cases the standard rate applies once the hub reconnects [within 48 hours: CONFIRM the period]. If the hub holder's confirmation of the cash-out is still outstanding, settlement waits until it is given, and waiting never triggers the unactivated rate. [CONFIRM]
  • Cash counts. The fee is worked out on the day's total takings, cash and card both.

5. The fee, settled at cash-up

When you cash up at the end of the day, a standard fee of 2.9% of the day's total takings plus 15 cents for each sale applies. Takings include cash and card sales. The fee covers the payment provider's costs on card sales and our service charge. It is worked out and taken once, at cash-up. It is never taken from each sale as it happens, and it is never added to your customer's bill. The app shows you the fee before you cash up.

The fee is taken from the day's card takings. If those do not cover it, the balance carries forward and is settled against your next card takings, or you can pay it in the app at any time. We never charge a saved card or bank account unless you press pay. [CONFIRM how the fee is collected]

Your bank account and your cash. When you set up your account you enter your own bank account. You must do this before your first cash-up. At cash-up the app shows how much cash to deposit and into which of your accounts. Daily banking is recommended, and weekly is allowed. The app keeps your ledger of takings and any deposit amount or reference you enter. It does not check your bank, so it can only show differences against what you tell it. You bank your own cash. We never ask you to deposit it with us and we never hold it.

6. Refunds and your legal rights

We don't offer refunds if you simply change your mind, because the software is delivered digitally and the licence is issued straight away.

This does not limit your rights under the Australian Consumer Law or any other consumer law that applies to you. Our software comes with guarantees that can't be excluded. If it has a major problem, you can choose a refund or replacement. If it has a minor problem, we will fix it within a reasonable time. If it isn't what we described, you are entitled to a remedy. To make a claim, contact us at the address above.

7. Optional upgrades

We may offer optional paid upgrades from time to time. No single optional upgrade will be sold for more than USD $50. Upgrades are optional. If you don't buy one, the core software you purchased keeps working.

8. Your responsibilities

  • You are responsible for entering the correct tax rates, prices and business details in the app. The software does not give tax advice.
  • You are responsible for keeping your own backups of your business records.
  • You must use the software lawfully.

9. Limits on the licence

You must not copy the software to give or sell to others, resell your key, or remove licensing protections. Doing so may end your licence. We will tell you first and give you a reasonable chance to fix the problem.

10. Updates and support

We provide fixes and updates for the software for as long as we offer it. Support is available at the contact address above.

11. Our liability

To the extent the law allows, we are not liable for indirect or consequential loss, such as lost profits. Nothing in these terms excludes or limits any liability that cannot be excluded by law, including under the Australian Consumer Law. Where the law allows us to limit our liability for a failure, our liability is limited to resupplying the software or refunding the price you paid.

12. Changes to these terms

If we update these terms, we will publish the new version with a new version number and effective date, and notify you where we can. Changes won't reduce your rights under a licence you have already bought, unless the law requires it.

13. Privacy

How we handle personal information is explained in our Privacy Policy [LINK, to be written].

14. Governing law

These terms are governed by the law of New South Wales, Australia. This does not remove any rights you have under consumer protection laws where you live.