Terms of Service

1. Acceptance of Terms

Welcome to BuyerKiosk! These Terms of Service ("Terms") constitute a legally binding agreement between you and V2 Technology Solutions, Inc., doing business as BuyerKiosk ("BuyerKiosk," "we," "us," or "our").

By accessing or using our website at buyerkiosk.com, our mobile applications (BuyerKiosk Team and BuyerKiosk Live), or any related services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

2. Description of Services

BuyerKiosk provides a comprehensive platform designed for the resale industry, including but not limited to:

• Customer Management: Customer check-in kiosks, queue management, and customer relationship tools
• Workforce Management: Staff scheduling, time tracking, team communication, and employee mobile apps
• Digital Signage: In-store digital display management and content scheduling
• Inventory & Backstock: Inventory tracking and backstock management tools
• Reporting & Analytics: Business intelligence dashboards and reporting tools
• Integrations: Connections with third-party services such as QuickBooks, FiveStars, and payment processors

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. User Accounts

3.1 Account Registration

To use certain features of the Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Types

We offer different account types based on your relationship with our Services:

• Merchant Accounts: For business owners and administrators who subscribe to our Services
• Employee Accounts: For staff members of Merchants who use our workforce management features
• Customer Accounts: For customers who check in at Merchant locations

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials. We strongly recommend enabling two-factor authentication where available and using unique, strong passwords.

4. Merchant-Specific Terms

If you are a Merchant (business owner or administrator), the following additional terms apply:

4.1 Subscription

Access to certain Services requires a paid subscription. Subscription terms, including pricing, billing frequency, and included features, are specified in your subscription agreement or on our pricing page.

4.2 Data Responsibility

As a Merchant, you are responsible for:

• Ensuring you have proper consent to collect and process customer and employee data through our Services
• Complying with all applicable laws regarding data protection, employment, and consumer privacy
• Managing employee access to your organization's data within the platform
• Maintaining appropriate records as required by resale industry regulations

4.3 Compliance

You agree to use the Services in compliance with all applicable federal, state, and local laws, including but not limited to labor laws, tax regulations, and resale industry requirements.

5. Employee User Terms

If you are an employee using the Services through your employer (a Merchant), the following terms apply:

5.1 Employer Relationship

Your use of the Services is subject to your employer's policies and these Terms. Your employer may have access to information about your use of the Services, including time tracking data, location data (for geofenced clock-in/out), and communications within the platform.

5.2 Accurate Time Reporting

You agree to accurately record your work time using the Services. Falsifying time records may violate your employer's policies and applicable law.

5.3 Location-Based Features

If your employer uses geofenced clock-in/out, you acknowledge that your location data will be collected and shared with your employer when you use these features.

6. Mobile Application Terms

The following terms apply to your use of our mobile applications (BuyerKiosk Team and BuyerKiosk Live):

6.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our mobile applications on devices you own or control, solely for your personal or internal business purposes.

6.2 App Store Terms

Your use of our mobile applications is also subject to the terms and conditions of the Apple App Store or Google Play Store from which you downloaded the app. In the event of a conflict between these Terms and app store terms, these Terms shall govern to the extent permitted.

6.3 Updates

We may release updates to our mobile applications from time to time. You agree to install updates promptly, as older versions may have security vulnerabilities or lack compatibility with our Services.

7. Device Permissions

Our mobile applications may request various device permissions to provide functionality:

7.1 Location Services

The BuyerKiosk Team app may request location permission to enable geofenced clock-in/clock-out functionality. This feature verifies that employees are at their designated work location when recording time. You can disable location permissions in your device settings, but this will prevent use of geofenced time tracking features.

7.2 Biometric Authentication

Our apps may offer biometric login (Face ID, Touch ID, fingerprint) for convenience and security. Biometric data is processed locally on your device; we do not receive or store your actual biometric information. Biometric authentication is optional, and you may choose to use password authentication instead.

7.3 Camera & Photos

Our apps may request camera and photo library access for features such as profile photos, document scanning, and sharing images in team chat. These permissions are only used when you actively initiate features requiring them.

7.4 Notifications

Our apps may request notification permissions to send you schedule updates, shift reminders, chat messages, and other important information. You can manage notification preferences in your device settings.

8. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to the Services, other accounts, or computer systems
• Use any automated means (bots, scrapers, etc.) to access or interact with the Services without our prior written consent
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Remove, alter, or obscure any proprietary notices on the Services
• Use the Services for any fraudulent or illegal purpose

9. Intellectual Property

9.1 Our Intellectual Property

The Services, including all content, features, functionality, software, code, graphics, logos, and trademarks, are owned by BuyerKiosk or our licensors and are protected by United States and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

9.2 Your Content

You retain ownership of any content you upload, submit, or create through the Services ("Your Content"). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely as necessary to provide the Services to you.

9.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services, you grant us the right to use such feedback without restriction and without compensation to you.

10. Privacy & Data

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the practices described in the Privacy Policy.

10.1 Data Processing

We process data as described in our Privacy Policy, including personal information, usage data, location data (when you use geofenced features), and other information necessary to provide the Services.

10.2 Identity Verification

For compliance with resale industry regulations, the Services may collect and store identification documents such as driver's licenses. This data is retained as required by applicable law and stored securely.

11. Payment Terms

11.1 Subscription Fees

Merchants agree to pay all fees associated with their subscription plan. Fees are charged in advance on a monthly or annual basis, as specified in your subscription agreement.

11.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription through your account settings or by contacting support.

11.3 Refunds

Subscription fees are generally non-refundable, except as required by applicable law or as specified in your subscription agreement. We may offer refunds or credits at our sole discretion.

11.4 Price Changes

We reserve the right to change our pricing. We will provide at least 30 days' notice of any price increase before your next billing cycle.

12. Third-Party Services

The Services may integrate with or link to third-party services, including:

• Payment processors
• Accounting software (QuickBooks)
• Loyalty programs (FiveStars)
• Communication services (SMS providers)
• Analytics services

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the content, privacy practices, or functionality of third-party services.

13. Disclaimer of Warranties

14. Limitation of Liability

15. Indemnification

You agree to indemnify, defend, and hold harmless BuyerKiosk, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your Content or data you provide through the Services
• Any dispute between you and a third party (including employers or employees)

16. Termination

16.1 Termination by You

You may terminate your account at any time by contacting us or using the account termination feature in your settings. Termination does not entitle you to a refund of prepaid fees.

16.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Non-payment of fees
• Conduct that we believe is harmful to other users, us, or third parties
• Extended periods of inactivity

16.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. We may delete your data in accordance with our data retention policies, subject to legal requirements.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction of such courts.

18. Dispute Resolution

18.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@buyerkiosk.com and attempt to resolve the dispute informally for at least 30 days.

18.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Oklahoma City, Oklahoma.

18.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive the right to participate in a class action lawsuit or class-wide arbitration.

18.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

19. Changes to Terms

We may modify these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date
• Sending an email notification to the address associated with your account
• Displaying a notice within the Services

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

20. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: support@buyerkiosk.com
• Address: V2 Technology Solutions, Inc., 614 Willy Vester Rd, Van Alstyne, TX 75495
• Phone: (972) 905-9915