Terms of Service
Last updated: December 2024
1. Acceptance of Terms
By installing or using the Kynetik POS application ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Description of Service
Kynetik provides a point-of-sale application that integrates with BigCommerce stores, enabling merchants to process in-person transactions, manage inventory, and sync data with their online store.
3. Eligibility
You must have an active BigCommerce store to use this Service. You represent that you have the authority to bind your business to these Terms and that you are at least 18 years of age.
4. Account Registration
To use the Service, you must install the Kynetik app from the BigCommerce App Marketplace. By installing the app, you authorize us to access your BigCommerce store data as described in our Privacy Policy.
You are responsible for maintaining the security of your account credentials, staff PINs, and device access. You must notify us immediately of any unauthorized access.
5. Subscription and Billing
Free Plan
The Starter plan is provided free of charge with usage limits as described on our pricing page.
Paid Plans
Paid subscriptions are billed monthly or annually. You authorize us to charge your payment method on a recurring basis. Subscriptions automatically renew unless cancelled before the renewal date.
Payment Processing
In-store payment processing is provided by Stripe. Standard Stripe processing fees apply to all transactions. We are not responsible for Stripe's services, fees, or policies.
6. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service
- Reverse engineer or decompile the software
- Resell or redistribute the Service without authorization
- Use the Service to process transactions for prohibited goods or services
7. Data and Privacy
Your use of the Service is also governed by our Privacy Policy. You retain ownership of your data. You grant us a license to use your data solely to provide and improve the Service.
8. Intellectual Property
The Service, including its design, features, and code, is owned by Kynetik and protected by intellectual property laws. You may not copy, modify, or create derivative works of the Service.
9. Third-Party Services
The Service integrates with third-party services including BigCommerce, Stripe, Twilio, and SendGrid. Your use of these services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or content of third-party services.
10. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access to the Service. The offline functionality of the mobile app allows continued operation during network outages, but some features require internet connectivity.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYNETIK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify and hold Kynetik harmless from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
14. Termination
You may terminate your use of the Service at any time by uninstalling the app from your BigCommerce store. We may suspend or terminate your access if you violate these Terms or for any other reason with reasonable notice.
Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that should survive termination will remain in effect.
15. Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date and, where appropriate, through email notification. Continued use of the Service after changes constitutes acceptance of the new Terms.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
17. Contact
For questions about these Terms, please contact us at: