MENTA TECHNOLOGY W.L.L.

OCTPOS Terms of Service

 

These terms of use (“Terms”) set out the terms and conditions for your use of the OCTPOS Services offered by Menta Technology W.L.L. or its related companies (“we” or “Menta”). The person or organization entering into these Terms as a user of the OCTPOS Services, together with all individual users accessing the OCTPOS Services on that person’s behalf (together, “you” or “Users”) accept and agree to be bound by these Terms. Menta grants you a limited, non-exclusive, non-transferable, revocable license to use the OCTPOS Services (subject to your account type) in accordance with these Terms.

In these Terms, “OCTPOS Services” means OCTPOS’s point of sale and inventory management products and services, and any features, technologies or functionality provided by those products or services, offered by us from time to time, including www.menta.ws, www.octpos.com or www.octpos.net  (“Website”) and OCTPOS POS android applications, OCTPOS Mobile android application or OCTPOS Agent android application (“Apps”).

If you do not agree to any of these Terms, then you should not use the OCTPOS Services. All rights not expressly granted to Users in these Terms are reserved by MENTA.

MENTA reserves the right to update and modify the Terms of Service from time to time without notice. Any new features shall be subject to the Terms of Service. If you continue to use the Service after any such change, this shall constitute your agreement to such changes. You can review the most current version of the Terms of Service at any time at: www.menta.ws/index.php/octpos-terms-conditions

Violation of any of the terms below will result in the termination of your Account.

From time to time, we may add, make changes to or remove altogether features or functionality of the OCTPOS Services. If you’re using an App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the OCTPOS Services at any time, and nothing in these Terms is to be taken as a guarantee that the Apps or any OCTPOS Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the OCTPOS Services, or the Apps or any version of them.

Account Information

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

You must be 18 years or older in order to access and use the OCTPOS Services. You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete.

You are responsible for maintaining the security of your account and password. Menta will not be liable for any loss or damage that may result from your failure to maintain the security of your account.

You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to your account).

Menta reserves the right to refuse service to anyone for any reason at any time.

Cancellation of accounts

We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the OCTPOS Services.

You are entitled to cancel your account with at any time. You may cancel your account by sending an email to octpos@menta.ws requesting cancellation. After we verify that you are the owner of the account, the account will be canceled immediately.

If you cancel your account before the end of your current paid up month or year, the subscription fees will be recalculated without any discounts that you were entitled and if there is a refund you will be refunded with any suitable way that we find.

If your account is cancelled: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems immediately. Your content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

Payment

We will charge you monthly or yearly based on your plan. An invoice will be sent to your registered mobile number using an SMS or to your registered email address at the beginning of each month, you can pay it using credit card, K-net or any other way that is supported through the payment channel.

Refunds

The Service is billed in advance on a monthly or yearly basis and is refundable. Any time you would like to cancel your service we will gladly recalculate the subscriptions fees without any period discounts that you were entitled and if there is a refund you will be refunded with any suitable way that we find.

 

You may upgrade or downgrade your account at any time

You may upgrade or downgrade your account (for example, from single to starting, medium or enterprise or from medium to starting) at any time by adding or removing stores.

The upgrade or downgrade will become effective immediately. If you downgrade your account, no refunds will be paid but the difference will be calculated and deducted from the next monthly or yearly invoice. If you upgrade your account the remaining dues will be charged from the next billing invoice.

Downgrading your account may cause the loss of content, or features of capacity of your account. If you choose to downgrade your account, MENTA does not accept any liability for the resulting loss of data, content, features or capacity.

Modifications to the Service and Prices

MENTA reserves the right to change the prices of any monthly plans subject to 30 days notice. Such a notice may be provided on the MENTA Site (www.menta.ws) or OCTPOS Service itself.

MENTA shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

You agree that OCTPOS owns all of the intellectual property rights existing in the OCTPOS Services. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use OCTPOS’s brand, branding or logos except with OCTPOS’s prior written consent.

You grant OCTPOS a royalty-free, irrevocable, perpetual license to use (including for commercial purposes) information and/or data collected by OCTPOS through your use of the OCTPOS Services, provided that we aggregate or anonymize that information or data before using it. Other than this right, OCTPOS claims no intellectual property rights in relation to the information or content you input into the OCTPOS Services.

You may provide us with comments, feedback or suggestions on OCTPOS Services, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.

 

OCTPOS Services are provided “as is”

The OCTPOS Services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the OCTPOS Services.

We do not warrant that: (a) the OCTPOS Services will meet your specific requirements; (b) the OCTPOS Services will be uninterrupted, timely, secure, or error-free; (c) the OCTPOS Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the OCTPOS Services will meet your expectations; or (e) any errors in the OCTPOS Services will be corrected.

You acknowledge that OCTPOS services may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the OCTPOS Services. The acts and omissions of those third party suppliers may be outside of OCTPOS’s control, and OCTPOS does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

On behalf of itself and such third party suppliers, OCTPOS excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.

 

No malicious or illegal use

You must not: (a) use the OCTPOS Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the OCTPOS Services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the OCTPOS Services; (d) use the OCTPOS Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the OCTPOS Services or our systems or attempt to decipher any transmissions to or from the servers running any OCTPOS Services; (f) disclose or distribute information relating to another User of the OCTPOS Services to any third party, or use any other User’s information for any marketing purposes unless you have that User’s express permission to do so; (g) access or register User logins via bots or other automated methods; (h) modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with OCTPOS Service or any other MENTA service and/or OCTPOS service; (i)  transmit any worms or viruses or any code of a destructive nature; (j) reproduce, duplicate, copy, sell, resell or exploit any portion of OCTPOS Service, use of OCTPOS Service, or access to OCTPOS Service without the express written permission by MENTA; or (k) upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

 

General Conditions

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MENTA customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You expressly understand and agree that Menta shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Menta has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of Menta to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Menta and govern your use of the Service, superseding any prior agreements between you and Menta (including, but not limited to, any prior versions of the Terms of Service).

Legal Compliance: You will comply with all applicable laws and regulations related to your receipt and use of the Services.  It is your sole responsibility to ensure you have the right to use all features of the Services in your jurisdiction. The Services may not be available in all countries and it may not be available for use in any particular location. We may modify or discontinue Services features to comply with applicable laws and regulations. Menta will comply with all applicable laws in the provision of the Services to you.

Each clause in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

The OCTPOS Services are provided for use in business, so you are not a consumer.

Export Compliance: The Services and Software are subject to local and extraterritorial export control laws and regulations. You shall comply with such laws and regulations governing the use of Services and Software and will obtain all required local and extraterritorial authorizations, permits or licenses. You and your Users will not use the Services from a UN embargoed country (currently Cuba, Iran, North Korea, Sudan and Syria). The export obligations under this Section shall survive the expiration or termination of this Agreement

Questions about the Terms of Service should be sent to octpos@menta.ws.