The agreement between Flip POS and merchants who use our application
Please read these Terms of Service ("Terms") carefully before installing or using the Flip POS application ("Service"). By installing Flip POS through the Shopify App Store or by accessing our Service, you ("Merchant" or "you") agree to be bound by these Terms. If you do not agree, do not install or use the Service.
"Flip POS," "we," "us," or "our" refers to the operator of the Flip POS application and website at flip-pos.com.
"Merchant," "you," or "your" refers to the individual or business entity that installs or uses the Flip POS application.
"Service" refers to the Flip POS Shopify application, including all features, updates, and associated services.
"Shopify" refers to Shopify Inc., the third-party platform through which Flip POS is distributed and operates.
"Merchant Data" refers to all data, content, and information submitted to or generated through the Service by the Merchant, including menu items, staff, order records, and configuration settings.
Flip POS is a restaurant management application that integrates with Shopify POS to provide merchants with tools including:
The Service is designed to operate within the Shopify ecosystem. Certain features depend on Shopify's platform and APIs and may be affected by changes Shopify makes to its platform.
To use Flip POS, you must:
You are responsible for maintaining the security of your Shopify account and any Flip POS staff PINs. You are responsible for all activity that occurs under your account. Notify us immediately at support@flip-pos.com if you suspect unauthorized access.
Flip POS offers a free trial period for new merchants. The length of the trial is displayed at the time of installation. No payment is required during the trial. At the end of the trial, you must subscribe to a paid plan to continue using the Service.
Paid subscriptions are billed on a recurring basis (monthly or as otherwise specified) through Shopify's billing system. Subscription fees are charged to your Shopify account. By activating a paid subscription, you authorize Shopify to charge the applicable fees to your account on a recurring basis.
The base plan includes one service location. Additional service locations configured within the application may incur additional monthly fees as described on our pricing page. You will be notified of any applicable additional charges before they are applied.
We reserve the right to change our subscription fees. We will provide at least 30 days' notice of any price changes. Your continued use of the Service after the new pricing takes effect constitutes acceptance of the new fees.
You may cancel your subscription at any time by uninstalling the Flip POS application from your Shopify store. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods except where required by law.
All billing is processed by Shopify. For billing disputes, contact Shopify support directly. You may also contact us at support@flip-pos.com and we will assist in resolving the issue.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
We reserve the right to suspend or terminate access for any merchant who violates these acceptable use terms.
The Service, including all software, code, designs, graphics, text, features, and functionality, is and remains the exclusive property of Flip POS and its licensors. These Terms do not grant you any right, title, or interest in the Service beyond the limited license to use it as described herein.
The Flip POS name, logo, and all related marks are trademarks of Flip POS. You may not use our trademarks without our prior written consent.
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business operations.
You retain all ownership rights to your Merchant Data. You grant us a limited license to store, process, and use your Merchant Data solely to provide and improve the Service. We do not claim any ownership over your data.
If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.
Our collection and use of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you agree to our Privacy Policy.
You are responsible for ensuring that your use of the Service — including your collection and use of your customers' personal data — complies with all applicable privacy laws and Shopify's requirements.
Upon cancellation or termination, we will retain your Merchant Data for 90 days, after which it will be permanently deleted. You may request earlier deletion by contacting support@flip-pos.com.
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, unplanned outages, or factors outside our control (including Shopify platform issues).
We will make reasonable efforts to provide advance notice of planned maintenance that may affect service availability.
We provide customer support via email at support@flip-pos.com and through our documentation at flip-pos.com/documentation. We aim to respond to support requests within 2 business days. Support is provided in English.
We may update, modify, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that may negatively impact your use of the Service.
The Service integrates with and depends upon third-party platforms and services, most notably Shopify. Your use of Shopify is governed by Shopify's own terms of service and privacy policy, not by these Terms.
We are not responsible for the availability, accuracy, or practices of any third-party services. Changes to third-party platforms (including Shopify API changes) may affect the functionality of Flip POS, and we are not liable for any resulting disruption.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, Flip POS expressly disclaims all warranties, including but not limited to:
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIP POS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
This includes, without limitation, damages for:
In any case, our total cumulative liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total fees you paid to us in the three months preceding the claim, or (b) one hundred US dollars ($100).
Some jurisdictions do not allow the limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless Flip POS and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
You may terminate your use of the Service at any time by uninstalling Flip POS from your Shopify store. Termination does not entitle you to a refund of any prepaid fees.
We may suspend or terminate your access to the Service immediately and without notice if:
Upon termination, your right to access and use the Service immediately ceases. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and governing law) will survive.
We reserve the right to modify these Terms at any time. When we make material changes, we will:
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and uninstall the application.
These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class action or other representative proceeding.
Before initiating any formal dispute resolution, you agree to contact us at support@flip-pos.com and give us 30 days to attempt to resolve the issue informally.
If you have questions about these Terms, please contact us: