Terms & Conditions

The terms for using SimonPOS.

These Terms and Conditions explain the rules that apply when you visit our website, create an account, subscribe to a plan, purchase hardware, or use SimonPOS products and managed services.

Last updated: July 27, 2026

Agreement to These Terms

By accessing or using SimonPOS, you agree to these Terms and our Privacy Policy. If you use SimonPOS for a business or organization, you represent that you have authority to accept these Terms on its behalf.

If an order form, checkout page, plan description, or separate written agreement includes additional terms, those terms also apply. If there is a conflict, the more specific agreement controls for the subject it covers.

Business Use and Eligibility

SimonPOS is designed primarily for businesses. You must be legally able to enter into a binding agreement and provide accurate, current account and business information. You are responsible for keeping account credentials secure and for activity performed through your account.

SimonPOS Services

SimonPOS may provide point-of-sale tools, ordering, websites, mobile apps, kiosk and kitchen-display features, loyalty and promotional tools, reporting, payment integrations, hardware support, and managed services. Available features can depend on your plan, location, hardware, third-party providers, and configuration.

We may improve, replace, or discontinue features as the service evolves. When reasonably practical, we will provide notice of a material change that significantly affects a paid service.

Plans, Fees, and Taxes

Plan prices, setup fees, hardware costs, card-processing terms, billing intervals, and included services are presented during signup, checkout, or in an applicable order form. You agree to pay the disclosed charges and any applicable taxes.

Unless expressly stated otherwise, prices may change for future billing periods. We will provide notice before a material price change applies to an existing recurring subscription.

Subscriptions, Renewal, and Cancellation

If you select a recurring plan, you authorize the applicable charges at the disclosed billing interval until the subscription is canceled. Material billing and renewal terms will be presented before purchase.

Cancellation instructions and any plan-specific refund terms are provided in your account, during checkout, in an order form, or by contacting SimonPOS. Cancellation generally stops future renewals and does not reverse charges already incurred, except where a stated policy or applicable law provides otherwise.

Hardware

Hardware availability, compatibility, pricing, included equipment, shipping, returns, warranties, and replacement terms may vary by plan and device. Product listings and recommendations are provided to help merchants choose compatible equipment, but merchants remain responsible for confirming that their environment, connectivity, and accessories meet applicable requirements.

Manufacturer, retailer, carrier, or payment-provider terms may also apply to hardware purchased or supplied through a third party.

Merchant Responsibilities

You are responsible for your products, menu information, prices, taxes, customer communications, fulfillment, employee access, refunds, business licenses, and compliance with laws that apply to your business. You are also responsible for reviewing changes made through managed services and promptly reporting errors.

You may not use SimonPOS for unlawful, fraudulent, deceptive, abusive, or harmful activity, or attempt to interfere with the security, availability, or operation of the service.

Payments and Third-Party Services

Payment processing, card terminals, app stores, delivery providers, messaging, hosting, maps, and other integrations may be supplied by third parties. Your use of those services may be governed by separate agreements, fees, privacy policies, underwriting requirements, or operating rules.

SimonPOS is not responsible for a third party's independent acts, outages, policy changes, account decisions, or services, although we may assist with supported integrations.

Merchant and Customer Data

You retain responsibility for data you submit or collect through SimonPOS. You grant SimonPOS permission to host, process, transmit, display, and otherwise use that data as reasonably necessary to provide, secure, support, and improve the services.

Your collection and use of personal information must comply with applicable law and your own notices to customers. Our handling of personal information is described further in our Privacy Policy.

Intellectual Property

SimonPOS and its software, designs, content, trademarks, and related materials are owned by SimonPOS or its licensors and are protected by applicable intellectual-property laws. These Terms give you a limited, non-exclusive, non-transferable right to use the services for your internal business operations while your account remains authorized.

You may not copy, resell, reverse engineer, bypass, or misuse the service except where applicable law expressly permits it.

Service Availability

We work to keep SimonPOS available and reliable, but uninterrupted or error-free operation is not guaranteed. Maintenance, internet or power failures, hardware issues, third-party services, security events, and circumstances beyond our reasonable control may affect availability.

Disclaimers and Limitation of Liability

To the fullest extent permitted by law, SimonPOS is provided “as is” and “as available,” without warranties not expressly stated in a separate written agreement. SimonPOS does not guarantee particular revenue, sales, customer retention, or business results.

To the fullest extent permitted by law, SimonPOS will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities arising from use of the service. Any limitation that cannot legally apply will be limited only to the minimum extent required by law.

Suspension and Termination

We may restrict or suspend access when reasonably necessary to address nonpayment, security risks, suspected fraud, unlawful activity, misuse, or a material violation of these Terms. You remain responsible for charges and obligations incurred before termination.

Governing Law

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Changes to These Terms

We may update these Terms as SimonPOS evolves. We will update the date at the top of this page and provide additional notice when reasonably appropriate for a material change. Continued use after updated Terms take effect means the updated Terms apply.