Terms of Service

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Torismic LLC (“Torismic,” “we,” “us,” or “our”), a Nevada limited liability company. By accessing or using our platform — including our website, dashboard, POS software, mobile applications, and hardware — you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you may not access or use our services.

Description of Service

Torismic provides a cloud-based point-of-sale platform with industry-specific tools for local businesses. Our service includes:

• POS software installed on Torismic-provided hardware terminals
• A web-based management dashboard (dashboard.torismic.com)
• Mobile applications for business management and consumer engagement
• Payment processing integration (via third-party providers)
• Industry-specific add-on modules (restaurant, salon, automotive, etc.)
• Hardware terminals (sold separately or bundled with subscriptions)
• Customer loyalty and engagement tools

Account Registration

To use Torismic, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring that employee accounts are properly managed and deactivated when appropriate
• Notifying us immediately of any unauthorized access or security breach

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our services. You must have the legal authority to operate a business in your jurisdiction.

Subscription Plans & Billing

Monthly Subscriptions

Torismic operates on a monthly subscription model. By subscribing to a plan, you authorize us to charge your payment method on a recurring monthly basis through Stripe, our billing provider. Charges occur on the same calendar day each month as your original subscription date.

Pricing

Current pricing is listed on our website. We reserve the right to change pricing with 30 days' written notice. Price changes will not affect your current billing period — they take effect at the start of your next billing cycle after the notice period.

Plan Changes

You may upgrade, downgrade, or add/remove add-ons at any time through your dashboard. Upgrades take effect immediately and are prorated for the remainder of your billing cycle. Downgrades take effect at the start of your next billing period.

No Long-Term Contracts

All subscriptions are month-to-month. There are no long-term contracts, setup fees, or early termination fees.

Failed Payments

If a payment fails, we will attempt to charge your payment method up to 3 additional times over 10 days. If all attempts fail, your account may be suspended. You will have 15 days to update your payment information before data deletion processes begin.

Cancellation

You may cancel your subscription at any time through your dashboard or by contacting support@torismic.com. Upon cancellation:

• Your access continues until the end of your current billing period
• No further charges will be made
• Your account will be deactivated at period end
• Data is retained for 90 days post-cancellation for recovery purposes
• After 90 days, data may be permanently and irreversibly deleted
• You may request data export at any time before deletion (JSON or CSV format)

Refund Policy

Software Subscriptions

Software subscription fees are non-refundable for the current billing period. If you cancel mid-cycle, you retain full access through the end of that period but will not receive a partial refund. No refunds are issued for unused portions of a subscription.

Hardware Purchases

Hardware purchases (POS terminals and accessories) may be returned within 30 days of delivery for a full refund, provided:

• The hardware is in original condition with no physical damage
• All original packaging and accessories are included
• A return authorization is obtained from support@torismic.com

After 30 days, hardware sales are final unless the unit is defective. Shipping costs for returns are the responsibility of the customer unless the return is due to our error or a defect.

Hardware Warranty

Torismic hardware is covered by a 1-year limited warranty against manufacturing defects. The warranty does not cover damage from misuse, accidents, liquid damage, unauthorized modifications, or normal wear and tear. Warranty claims must be submitted to support@torismic.com with proof of purchase.

Payment Processing

Torismic integrates with third-party payment processors to enable card transactions at your POS terminal. Card payment processing is handled by NMI (our payment gateway partner).

• By using our payment processing features, you also agree to NMI's terms of service
• Torismic does not store raw payment card data
• You are responsible for chargebacks, disputes, or fraudulent transactions processed through your terminals
• Payment processing fees are set by the payment processor and disclosed at time of setup
• Torismic is not liable for payment processing errors, delays, or outages caused by third-party providers
• Funds settlement timelines are determined by the payment processor, not by Torismic

Hardware Terms

Torismic sells Android-based POS terminals pre-loaded with our software. By purchasing and using our hardware, you agree:

• Hardware is shipped pre-configured and ready to use
• Torismic software must remain installed for warranty coverage
• Tampering with, rooting, jailbreaking, or installing unauthorized software voids the warranty
• Hardware remains your property after purchase — it is not leased
• Software on the hardware is licensed, not sold (see Intellectual Property section)
• Hardware financing may be available — specific terms are disclosed at time of purchase
• You are responsible for physical security of the hardware on your premises

Data Ownership & Responsibilities

Your Data

You retain full ownership of all data you input into the platform (customer records, inventory, transactions, employee data). We do not claim ownership of your business data. You may export your data at any time in JSON or CSV format through the dashboard.

Data Controller Responsibilities

As a business subscriber, you are the data controller for your employees' and customers' personal information. You are responsible for:

• Obtaining appropriate consent from your employees to collect and process their data through Torismic
• Informing your customers about data collection at point of sale (loyalty enrollment, receipt emails, etc.)
• Complying with applicable employment and privacy laws in your jurisdiction
• Properly managing and deactivating employee access when employment ends

Data Export & Portability

Upon cancellation or at any time during your subscription, you may request a full export of your data. We will provide it in standard machine-readable format (JSON or CSV) within 10 business days of the request. Data exports are free of charge.

Service Level & Availability

Uptime Target

We target 99.9% uptime for our cloud services (dashboard, API, sync). This excludes scheduled maintenance windows, which will be communicated at least 48 hours in advance when possible.

Offline Mode

Our POS terminals include offline mode functionality, allowing basic transaction processing during internet outages. Data syncs automatically when connectivity is restored. Offline mode has limited functionality (no real-time inventory updates, loyalty point validation, or cloud reporting).

Service Credits

If our cloud services experience downtime exceeding our 99.9% target in a calendar month (more than approximately 43 minutes of unplanned downtime), Enterprise plan customers may request a prorated service credit for the affected period. Credits are applied to future invoices and do not exceed 30% of monthly fees.

Planned Maintenance

Scheduled maintenance is performed during off-peak hours (typically 2:00 AM – 5:00 AM PST). We will provide at least 48 hours' notice for planned downtime via email and in-app notification.

Acceptable Use

General Prohibitions

You agree not to:

• Use Torismic for any unlawful purpose or to process illegal transactions
• Attempt to reverse-engineer, decompile, disassemble, or extract source code from our software
• Share account credentials with unauthorized users or allow unauthorized access
• Resell, sublicense, or redistribute our software or services without written authorization
• Intentionally disrupt, overload, or attack our systems or infrastructure
• Use our platform to store or transmit malicious code, viruses, or harmful data
• Scrape, harvest, or collect data from our platform through automated means
• Use the platform to send spam, phishing, or unsolicited communications
• Misrepresent your identity or impersonate another person or business
• Use the platform to facilitate money laundering or terrorist financing

Prohibited Business Types

Torismic may not be used by businesses engaged in the following activities. This list is informed by card network (Visa/Mastercard) regulations and our payment processor's requirements:

• Illegal drugs, controlled substances, or drug paraphernalia
• Firearms, ammunition, explosives, or weapons
• Gambling, lotteries, or games of chance (unless properly licensed)
• Adult content, escort services, or pornography
• Cryptocurrency exchanges or mining operations
• Payday lending, high-interest loans, or debt collection
• Multi-level marketing, pyramid schemes, or Ponzi schemes
• Counterfeit, stolen, or unauthorized replica goods
• Businesses without proper licenses required by their jurisdiction
• Telemarketing or outbound telephone solicitation
• Tobacco, e-cigarettes, or vaping products (where prohibited by payment processor)
• Any business on OFAC sanctions lists or similar government-restricted entity lists

If you are unsure whether your business type is permitted, contact us at support@torismic.com before signing up.

Payment Processing Rules

When using Torismic's payment processing features, you agree not to:

• Split transactions to avoid reporting thresholds or card network limits (structuring)
• Process transactions on behalf of a business or entity not listed on your Torismic account
• Issue refunds to a different payment method than the original transaction (refund fraud)
• Run personal (non-business) transactions through your POS terminal
• Process transactions where no goods or services are actually exchanged
• Artificially inflate transaction volumes for any purpose
• Use the POS to facilitate cash advances disguised as purchases
• Accept cards that you know or suspect to be stolen or fraudulent

Employee Data Rules

As a business using Torismic's employee management features, you agree to:

• Only use employee tracking features (time clock, location) during work hours and for legitimate business purposes
• Not use the platform for employee surveillance beyond what is necessary for operations and disclosed to employees
• Promptly deactivate employee accounts when employment ends
• Not share employee PINs, time clock data, or performance metrics with unauthorized parties
• Comply with all applicable labor and employment laws in your jurisdiction

Consumer Data Rules

When collecting consumer data through Torismic (loyalty sign-ups, digital receipts, etc.), you agree to:

• Only use customer contact information for the purpose it was collected (loyalty, receipts, appointment reminders)
• Not use customer data collected via Torismic for unrelated marketing without separate opt-in consent
• Not sell, share, or transfer customer data to third parties
• Not share customer data between separately-owned businesses, even if both use Torismic
• Inform customers when enrolling them in loyalty programs or collecting their information
• Honor customer requests to opt out of communications or delete their data

Enforcement

Violation of any acceptable use rules may result in immediate suspension or termination of your account without refund. For serious violations (fraud, illegal activity, payment processing abuse), we may also report the activity to relevant authorities, payment networks, or law enforcement.

We reserve the right to monitor account activity for compliance with these rules. If we detect suspicious activity, we may temporarily suspend processing or account access pending investigation.

Intellectual Property

Torismic and its licensors retain all rights, title, and interest in our software, platform, branding, documentation, APIs, and related materials. This includes all patents, copyrights, trademarks, trade secrets, and other intellectual property rights.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use our software solely for your internal business operations during the term of your subscription. This license does not include the right to:

• Modify, adapt, or create derivative works of our software
• Sublicense, lease, or rent the software to third parties
• Use our trademarks, logos, or branding without written permission
• Access our source code or underlying architecture

Third-Party Services & Integrations

Torismic integrates with various third-party services (payment processors, email providers, hosting platforms). These services are governed by their own terms and privacy policies.

• We are not responsible for the availability, accuracy, or performance of third-party services
• If a third-party service experiences an outage or issue, Torismic is not liable for resulting service degradation
• We may add, modify, or remove third-party integrations at any time with reasonable notice
• Your use of payment processing features is subject to the payment processor's terms in addition to ours

Beta Features & Future Services

We may offer beta or pre-release features (such as Torismic Pay) that are still in development. Beta features are provided “as is” without warranty:

• Beta features may be modified, suspended, or discontinued at any time without notice
• Beta features may contain bugs, errors, or incomplete functionality
• We are not liable for any data loss or issues arising from use of beta features
• Feedback you provide about beta features may be used to improve the product without compensation
• Separate terms may apply to specific beta programs, disclosed at time of enrollment

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TORISMIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Business interruption or downtime
• Cost of substitute services
• Any damages arising from third-party service failures

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO TORISMIC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Torismic, its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third party's rights
• Any data you input into the platform
• Any dispute between you and your customers or employees

Dispute Resolution & Arbitration

Informal Resolution

Before filing any formal claim, you agree to attempt to resolve disputes informally by contacting us at support@torismic.com. We will attempt to resolve the dispute within 30 days.

Binding Arbitration

If informal resolution fails, any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Nevada. The arbitrator's decision will be final and binding.

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 any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions

Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive relief in any court of competent jurisdiction for matters involving intellectual property or unauthorized access.

Force Majeure

Torismic shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to:

• Natural disasters, acts of God, or extreme weather events
• Epidemics or pandemics
• War, terrorism, or civil unrest
• Government actions, regulations, or embargoes
• Internet or telecommunications infrastructure failures
• Third-party service provider outages
• Power outages or utility failures
• Cyberattacks or DDoS attacks beyond our reasonable ability to prevent

In the event of a force majeure, our obligations will be suspended for the duration of the event. If the event continues for more than 60 days, either party may terminate the agreement without penalty.

Termination

We may suspend or terminate your access to Torismic immediately and without prior notice if:

• You violate these Terms or our Acceptable Use policy
• You engage in fraudulent or illegal activity
• You fail to pay outstanding fees after the grace period
• We are required to do so by law or regulation
• Your use poses a security risk to our platform or other users

Upon termination for cause, you will not receive a refund for any prepaid fees. Your right to use our services ceases immediately. We may retain your data as required by law or for legitimate business purposes (fraud prevention, dispute resolution).

You may terminate your account at any time by canceling your subscription through the dashboard or by contacting support@torismic.com.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law principles. To the extent that arbitration does not apply, any legal action or proceeding shall be brought exclusively in the state or federal courts located in Nevada.

General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Torismic regarding our services.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your account or these Terms without our written consent. We may assign our rights and obligations without restriction.
• Notices: We may provide notices via email to the address on your account, through our platform, or by posting on our website. You are responsible for keeping your contact information current.
• Survival: Sections regarding intellectual property, limitation of liability, indemnification, dispute resolution, and any provisions that by their nature should survive, will survive termination of these Terms.

Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email at least 30 days before they take effect. Non-material changes (formatting, clarifications) may be posted without advance notice.

Continued use of Torismic after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must cancel your subscription before the changes take effect.

Contact Us

If you have questions about these Terms, contact us at:

Torismic LLC
Email: support@torismic.com
State of incorporation: Nevada, United States

By using Torismic, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.