FortiPOS End-User License Agreement

Effective date: July 17, 2026

This End-User License Agreement is between the business or individual accepting this Agreement, referred to as the Merchant, and Fortitag IT Service LTD., referred to as the Provider, the developer and app provider of products and services offered under the FortiPOS brand.

This Agreement governs the Merchant's use of FortiPOS software, including the FortiPOS Terminal Link and FortiPOS Handheld applications, web-admin services, Staff POS, KDS, kiosk ordering, reporting, payment integration tools, documentation, and related services.

By downloading, installing, accessing, copying, or using FortiPOS, the Merchant agrees to this Agreement. If the Merchant does not agree, the Merchant must not install, access, or use FortiPOS.

The App

FortiPOS provides restaurant point-of-sale operations, menu and location configuration, order entry, kitchen display routing, kiosk and QR ordering support, receipt and reporting tools, staff/device management, and Clover Card Terminal semi-integration for taking card-present payments through Clover.

The Provider grants the Merchant a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of this Agreement to use FortiPOS only for the Merchant internal business operations.

The Merchant must not distribute, rent, lease, host, sublicense, sell, export, modify, reverse engineer, decompile, copy, benchmark, create derivative works from, or attempt to derive source code for FortiPOS except where applicable law expressly prohibits that restriction.

FortiPOS may receive updates from time to time, and older versions may stop being supported. The Merchant is responsible for the network, Clover devices, printers, tablets, computers, and other equipment required to use FortiPOS.

Fees

The Merchant is responsible for the fees, subscription charges, app fees, integration fees, support charges, and taxes described in the Merchant's order form, Clover App Market listing, invoice, subscription plan, or other written agreement with the Provider.

Unless a separate billing agreement applies, recurring fees may be charged through the payment method or billing channel selected during setup. The Merchant must notify the Provider of billing errors within 120 days after the error first appears on an invoice or statement.

Term

This Agreement begins when the Merchant accepts, downloads, installs, accesses, copies, or uses FortiPOS and continues until terminated by either party according to this Agreement or another written agreement between the parties.

Suspension and Termination

The Provider may suspend or terminate access to FortiPOS if the Merchant violates this Agreement, uses FortiPOS for fraudulent, illegal, abusive, excessive, or unauthorized activity, creates security or operational risk, fails to pay amounts due, or if the Provider's agreement with a required third-party provider ends or changes.

The Merchant may terminate use of FortiPOS by giving notice to the Provider. Unless a separate agreement states otherwise, termination is effective at the end of the then-current billing period and fees already charged for that period are not refundable.

Confidentiality, Data, and Ideas

Each party may receive non-public business, technical, operational, financial, customer, configuration, or security information from the other party. Each party will use reasonable safeguards to protect the other party's confidential information and will disclose it only as needed to perform under this Agreement, as required by law, or with permission.

The Provider may use data obtained through FortiPOS to provide and support the service, maintain security, troubleshoot issues, improve reliability, develop and improve FortiPOS, and produce aggregated or anonymized information, subject to applicable law and the FortiPOS Privacy Policy linked above.

If the Merchant submits comments, suggestions, or ideas about FortiPOS, the Provider may use them without restriction or compensation unless the parties have a separate written agreement that says otherwise.

Account

The Merchant must provide accurate account, business, location, device, tax, menu, staff, payment-integration, and contact information and keep it current.

The Merchant is responsible for staff access, credentials, role permissions, local devices, network security, backups, and content entered into FortiPOS, including menu data, prices, taxes, orders, receipts, customer information, and reports.

Risk Allocation

FortiPOS is provided on an as-is and as-available basis to the maximum extent permitted by law. The Merchant is responsible for determining whether FortiPOS meets the Merchant operational, legal, tax, payment, accounting, and reporting needs.

The Provider does not guarantee uninterrupted or error-free operation, and is not responsible for third-party outages, Clover service interruptions, payment network behavior, merchant network failures, device failures, or inaccurate information entered by the Merchant.

To the extent permitted by law, the Provider will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunities, or loss of goodwill. The Provider's total liability for claims related to this Agreement will not exceed the fees paid by the Merchant to the Provider during the three months before the event giving rise to the claim.

Communications

The Merchant authorizes the Provider to communicate about FortiPOS by email, in-app messages, web-admin notices, phone, text, or other contact methods provided by the Merchant. The Merchant is responsible for any carrier or communication charges that apply.

Compliance with privacy laws

The Provider processes merchant data and personal information on behalf of the Merchant as a service provider or processor where applicable, and will not sell personal information as that term is defined by applicable privacy laws.

The Provider will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to provide FortiPOS, protect the service, comply with law, and support the operational purposes described in this Agreement and the FortiPOS Privacy Policy.

Data subject rights - assistance with requests

The Provider will reasonably assist the Merchant with privacy-law requests related to FortiPOS, taking into account the Provider's role, the functionality of the service, and the information available to the Provider.

If the Provider receives a request from an individual whose information is processed through a Merchant's use of FortiPOS, the Provider may direct that individual to the Merchant. The Merchant remains responsible for responding to requests from its customers, staff, and other individuals where the Merchant controls the data.

General

Each party will comply with laws and regulations that apply to its performance under this Agreement. The Merchant must not use FortiPOS to access, store, or transmit unlawful, harmful, infringing, deceptive, malicious, or offensive material.

The Provider may modify this Agreement from time to time by providing notice through FortiPOS, email, a website, the effective date shown on this page, or another electronic method. Continued use of FortiPOS after a change means the Merchant accepts the updated Agreement.

These terms are governed by the laws of British Columbia, Canada, without regard to conflict-of-law principles. If any part of this Agreement is unenforceable, the remaining terms remain in effect. The parties are independent contractors, and this Agreement does not create a partnership, agency, employment, or joint venture relationship.

Contact the Provider about this Agreement: Fortitag IT Service LTD., 4663 11th Ave West, Vancouver, BC V6R 2M6, Canada; telephone 604-345-2715; email info@fortitag.com.