Terms of Service

1. Who these terms are between

These terms are an agreement between you and Novella POS (referred to here as "we" or "us"), covering your use of novellapos.com and of the Novella POS software. By using the site or the software, you agree to them.

2. This website

The content on this site is provided for information about the Novella POS product. We work to keep it accurate and current, but the software is in active development and descriptions may change as it does. Nothing on this site is an offer, a warranty, or a commitment to deliver a specific feature on a specific date.

You may not use this site to attempt to gain unauthorized access to any system, to interfere with its operation, or to scrape or republish its content as your own.

3. The software is licensed, not sold

Novella POS is licensed to you, not sold. Each install is activated with a license key that we issue. Subject to these terms and to any separate agreement covering your purchase, you may install and use Novella POS on the machine or machines your license covers, for the operation of your own business.

You may not:

• Copy, resell, sublicense, rent or redistribute the software or your license key.
• Share a license key with a business other than the one it was issued to.
• Reverse engineer, decompile or disassemble the software, or attempt to defeat, circumvent or tamper with its licensing, except to the extent that applicable law expressly permits it despite this restriction.
• Remove or alter any proprietary notices in the software.

We retain all rights in the software, its source code, its design and the Novella POS name and logo. Nothing in these terms transfers ownership of any of it.

4. Your responsibilities

You are responsible for:

• The computer Novella POS runs on, including keeping it working, secure and backed up. Your business data is stored on that machine, so backups are yours to keep.
• Your employee PINs and who you give administrator access to.
• The accuracy of what you enter — prices, tax settings, discount rules and product records — and for the receipts, totals and reports that result from it.
• Complying with the laws that apply to your business, including tax collection and reporting, receipt requirements, and the rules governing any cash-discount or card-surcharge program you choose to run. Whether such a program is permitted, and how it must be disclosed, depends on your jurisdiction and on your card network and processor agreements. That determination is yours to make, not ours.

5. Payment processing and third-party services

Card payments in Novella POS are processed through Accept.blue using your own merchant account and your own API credentials. Your agreement for payment processing is between you, Accept.blue and your processor. We are not a party to it, we are not a payment processor, and we do not hold or move your funds.

We are not responsible for the availability, pricing, decisions or performance of Accept.blue, your processor, your bank, or any other third-party service or hardware you use alongside Novella POS.

6. Availability and changes

Novella POS is under active development. We may add, change or remove features, and we may issue updates. We will not deliberately break an install you depend on without reason, but we do not guarantee that any particular feature will remain unchanged.

7. Disclaimer of warranties

To the fullest extent permitted by law, this website and the Novella POS software are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the software will be uninterrupted or error-free, or that it will meet every requirement of your business.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

8. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or relating to your use of this website or the Novella POS software, whether based in contract, tort or any other legal theory, and whether or not we were advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these terms will not exceed the amount you paid us for the Novella POS license in the twelve months before the event giving rise to the claim.

9. Termination

We may suspend or terminate a license if these terms are materially breached — for example, if a license key is redistributed or licensing is tampered with. On termination, your right to use the software ends. Your business data remains on your own machine, where it has been all along.

10. Changes to these terms

We may revise these terms as the product and the business develop. The date at the top of this page reflects the most recent revision. Continuing to use the site or the software after a revision means you accept the revised terms.

11. Contact

Questions about these terms can go to support@novellapos.com.

Novella POS