Terms of service

These terms are a contract between your business and Trilogy Cloud LLC (“Trilogy”, “we”, “us”). By creating an account or using the services, you accept them on behalf of your business and confirm that you have authority to do so.

• Trilogy is for business use, not personal, family, or household use.
• You must be at least 18 years old.
• The services are currently offered to businesses in the United States.
• Information you give us about you and your business must be accurate and kept up to date.

“Services” means the Trilogy platform, including:

• Point of sale and self-checkout software for your store.
• The back office: catalog, inventory, employees, customers, reports, devices, and deposits.
• Payment processing, payouts, and related money movement (section 5).
• Devices and hardware we sell or support, including CloudLink camera features.
• Related websites, apps, and support.

• Keep your sign-in credentials and staff PINs confidential and share them only with people authorized to act for your business.
• You are responsible for activity under your account, including activity by your staff.
• Use reasonable security on devices that run Trilogy.
• Tell us immediately at support@trilogypos.com if you suspect your account is compromised.

You agree to pay the subscription fees for your plan and the payment processing fees disclosed to you, plus applicable taxes. Subscriptions bill on a recurring basis until you cancel.

• We may change fees with at least 30 days’ notice; changes apply from your next billing cycle.
• Processing fees may be deducted from transaction proceeds before payout.
• If a payment for fees fails, we may retry it, invoice you, or suspend the services until paid.
• Except where the law requires otherwise, fees are non-refundable.

Payment processing services for merchants on Trilogy are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a merchant on Trilogy, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Trilogy enabling payment processing services through Stripe, you agree to provide Trilogy accurate and complete information about you and your business, and you authorize Trilogy to share it and transaction information related to your use of the payment processing services provided by Stripe.

Stripe’s acquirers and their contact information are listed in the Stripe acquirer disclosure.

• Your business must pass and maintain identity and underwriting verification; you agree to provide additional information when requested.
• You must comply with card network rules that apply to accepting cards.
• Card sales are paid out to the external bank account you link.
• Stripe may delay, hold, or reserve funds as set out in the Stripe Services Agreement. Decisions to restrict, suspend, or terminate payment processing, or to hold funds, are made under that agreement and are between you and Stripe; Trilogy is not liable for them.

You are financially responsible for chargebacks, reversals, and related fees on transactions you process, for example when a sale is disputed by a cardholder, reversed by a card network, unauthorized, or unlawful.

• Respond promptly to evidence requests; missing a deadline can make a chargeback final.
• Amounts you owe may be deducted from your payout balance; if it is not sufficient, you agree to pay the difference on request.
• Excessive disputes can lead to reserves, restrictions, or termination of payment processing.

• Provide receipts as required by law and honor the refund policy you disclose to your customers.
• You are the responsible party (data controller) for your customers’ data; use it lawfully and honor their privacy rights. We process it for you as described in our Privacy policy.
• You are responsible for compliance in age-restricted sales (for example alcohol and tobacco), including verification, whether at a register or a self-checkout lane.
• Customer service for what you sell is your responsibility.

Use Trilogy only for a lawful retail business. You must not:

• Use the services for any category on Stripe’s prohibited and restricted businesses list, or for anything illegal or deceptive.
• Process transactions for businesses other than your own, or launder money.
• Interfere with, probe, or disrupt the services or other merchants’ use of them.
• Reverse engineer, copy, resell, or sublicense the services except as the law allows.
• Misrepresent Trilogy, Stripe, or any financial partner in your own marketing.

• Hardware orders are subject to the pricing, payment, and shipping terms shown at purchase.
• Title and risk of loss pass to you on delivery.
• Defective hardware is covered by the warranty terms provided with the product; returns require prior authorization through support.
• Hardware must be used with the services as documented; modified devices are not supported.

• Features marked early access (or beta) are provided as-is, may change or be removed, and may have additional limits.
• Device apps update automatically; installs and restarts are scheduled during off-hours for your store, and an operator can trigger them manually.
• We may add, change, or retire features; we will give reasonable notice of material removals.

Your data is yours. Your catalog, sales records, and customer data belong to your business. You grant us the rights needed to host, process, transmit, and display that data to operate and improve the services, including in de-identified or aggregated form.

The services are ours. Trilogy software, hardware designs, and branding are owned by Trilogy Cloud LLC and its licensors. We grant you a limited, non-exclusive, non-transferable license to use them for your business while these terms are in effect. If you send us feedback, we may use it without obligation.

Some features rely on third parties: payment processing by Stripe, and any integrations you choose to connect. Their terms govern their services, and we are not responsible for third-party services we do not control.

Our Privacy policy explains how we collect, use, and share information, including the data we process about your customers on your behalf.

• You can stop using the services and close your account at any time.
• We may suspend or terminate the services for breach of these terms, legal or fraud risk, unacceptable payment risk, extended non-payment, or where required by a financial partner or law. Where practical we will notify you first.

After closure you have 30 days to export your data from the back office. Fees you owe, chargeback liability, and sections that by their nature survive (including sections 5, 6, 11, and 15 through 18) survive termination.

THE SERVICES AND HARDWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR REQUIRED BY LAW. We do not warrant that the services will be uninterrupted or error-free, and we are not responsible for outages of the internet, power, payment networks, banks, or other systems we do not control.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRILOGY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID TRILOGY IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $500. These limits do not apply where the law does not allow them.

You will defend and indemnify Trilogy Cloud LLC and its officers, employees, and agents against third-party claims, losses, and costs (including reasonable attorneys’ fees) arising from your business and what it sells, your customers, your taxes, your data practices, or your breach of these terms or the law.

Talk to us first. Before filing a claim, email support@trilogypos.com with a description of the dispute; we will try to resolve it informally within 30 days.

Arbitration. Any dispute not resolved informally will be settled by final and binding arbitration before a single arbitrator under the AAA Commercial Arbitration Rules, seated in Cuyahoga County, Ohio. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

Class waiver. CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS. YOU AND TRILOGY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING, AND WAIVE ANY RIGHT TO A JURY TRIAL.

Governing law. These terms are governed by the laws of the State of Ohio, without regard to conflict-of-law rules. For matters not subject to arbitration, the state and federal courts in Cuyahoga County, Ohio have exclusive jurisdiction.

We may update these terms as the services and the law change. For material changes we will give at least 30 days’ notice by email or in the back office. Continuing to use the services after a change takes effect means you accept the updated terms; if you do not agree, stop using the services and close your account before the change takes effect.

• Entire agreement. These terms, our Privacy policy, and the order or plan terms presented to you are the entire agreement and replace prior discussions.
• Severability. If a provision is unenforceable, the rest stays in effect.
• Assignment. You may not assign these terms without our consent; we may assign them to an affiliate or in a merger or sale.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• No waiver. Not enforcing a provision is not a waiver of it.
• Notices. We send notices to your account email. Send legal notices to support@trilogypos.com or Trilogy Cloud LLC, 11500 Madison Ave, Cleveland, OH 44102.