Terms of Use
- Last updated
Draft — to be reviewed by a lawyer
This text is a draft: it is not in force until a lawyer has reviewed it. Information marked “À REMPLIR” (to be filled in) in brackets is still to be provided.
These terms of use (the "Terms") govern the use of Braavu POS. They form a contract between [À REMPLIR : legal name of the company] ("we") and the business that subscribes to the Service (the "Merchant").
1. Purpose and acceptance
Braavu POS is point-of-sale and management software offered online to businesses: register installed on store stations, web register, back office, help center, application programming interface (API) and connector for artificial intelligence assistants (together, the "Service").
By creating an account, signing an order or using the Service, the Merchant accepts these Terms. The person who accepts them for the Merchant represents that they have the authority to bind it. Prices, subscription term and payment terms are set out in the order or separate agreement made with the Merchant; in case of conflict, that agreement prevails over the Terms.
2. Definitions
- User: any person the Merchant gives access to the Service (employee, manager, administrator).
- Merchant Data: everything the Merchant, its Users and its customers record in or produce with the Service (sales, catalog, stock, customers, employees).
- AI Connector: the Service's MCP (Model Context Protocol) server, which lets an artificial intelligence assistant read certain Merchant Data.
- AI Provider: the company that operates the assistant the Merchant chooses to connect (for example OpenAI, Anthropic or xAI).
3. Accounts and access
- The Merchant creates its Users' accounts, assigns them a role and permissions, and is responsible for their use of the Service.
- Each User keeps their password and PIN secret and shares them with no one. The Merchant turns on two-step verification, where the Service offers it, for the accounts that require it.
- The Merchant notifies us without delay of any unauthorized use of an account, a lost or stolen station, or a compromised access key, and revokes the affected access (station, connected software or account).
- Station and connected-software tokens are specific to each and revocable one by one; they are not shared.
4. Acceptable use
The Merchant and its Users agree to:
- use the Service in accordance with applicable laws, including tax, consumer protection and privacy laws;
- not attempt to bypass security measures, access another merchant's data, or test the Service's vulnerability without our written consent;
- not overload the Service, or query it automatically beyond the limits of the API and the AI Connector;
- not copy, decompile or disassemble the software, except to the extent the law expressly allows;
- not resell the Service or make it available to a third party without our written consent.
5. Merchant Data
- The Merchant remains the owner of the Merchant Data. It authorizes us to process it to provide the Service, as described in the privacy policy.
- The Merchant is responsible, under privacy laws, for the information of its customers and employees: it collects it with the required consent, publishes its own privacy policy and answers people's requests. The Service provides the tools to do so (consents, export, anonymization).
- The Merchant checks that its settings (taxes, payment methods, prices, stores) are accurate. The Service calculates amounts according to the settings in effect; tax filings and bookkeeping remain the Merchant's responsibility.
- At the end of the subscription, the Merchant can export its data for [À REMPLIR : export period after the end of the subscription]. We then delete or anonymize the Merchant Data, except what the law requires us to keep, according to the periods in the privacy policy.
6. Connector for AI assistants
- Optional: the AI Connector is only turned on if an administrator of the Merchant, with access to all of its stores, authorizes a connection on the back office's consent screen. This administrator can only grant the access their own role allows.
- Read only: the AI Connector only reads the sales, reports, stock and catalog described in the privacy policy. It creates, changes and deletes nothing, and it does not send the names of employees or customers, staff notes, or product cost or supplier.
- Choice of AI Provider: the Merchant chooses the assistant it connects and accepts its AI Provider's terms. What is handed to the assistant is then processed by that provider, under its own terms; we are not responsible for it. The Merchant decides what it shares and is responsible for that disclosure, including outside Québec.
- Assistant answers: an AI assistant can make mistakes, misunderstand a question or misread a figure. The Service's reports are authoritative; the Merchant checks an assistant's answer before relying on it for a decision, especially an accounting or tax decision.
- Duration and revocation: each access lasts 10 minutes and is renewed as long as the connection is valid; a connection ends at the latest 7 days after consent. The Merchant revokes it at any time under Settings > Connected software.
- Limits and suspension: the AI Connector applies rate and response-size limits. We may suspend a connection or the AI Connector to protect the Service or the Merchant Data. Assistants and their rules change without our control: we do not guarantee that each assistant stays compatible.
7. Availability and offline operation
- The installed register keeps selling without a network or server, within the limits described in the help center: some gift card or store credit operations require a connection, and a station that has gone more than 24 hours without contacting the server locks until contact or until a manager unlocks it. The web register only sells when the server responds.
- We make reasonable efforts to keep the online Service available at all times, and we take backups. The Service may however be interrupted, including for maintenance, an update, a provider outage or an event beyond our control. We announce planned maintenance in advance when possible.
- Unless a written service level commitment appears in the separate agreement, the Service is offered without an availability guarantee.
- The Merchant provides and maintains its hardware (stations, printers, drawers, scanners) and its Internet connection, according to the supported hardware list in the help center. A card payment also depends on the Merchant's payment provider and its own terms.
8. Updates
We evolve the Service: we may add, change or remove features. An update of the installed register never deletes a sale waiting to be sent. A removal that significantly reduces the Service is announced to the Merchant in advance.
9. Intellectual property
The Service, its software, documentation and trademarks belong to us or our licensors. During the subscription, we grant the Merchant a non-exclusive, non-transferable right to use the Service for its business, under these Terms. Suggestions the Merchant makes to us may be used freely to improve the Service.
10. Confidentiality
Each party keeps confidential the other party's non-public information it receives through the Service, and uses it only to perform these Terms. The processing of personal information follows the privacy policy.
11. Warranties
We provide the Service competently and in accordance with good practice. To the extent permitted by law, we give no other warranty, including that the Service will be error-free or fit for a particular purpose. The Merchant checks its reports, register closings and filings.
12. Limitation of liability
To the extent permitted by law:
- we are not liable for indirect damages, including loss of profits, revenue or business opportunities;
- we are not liable for processing by an AI Provider, a payment provider or software the Merchant connects to the Service, nor for a decision made on the basis of an AI assistant's answer;
- our total liability, for all causes combined, is limited to the amounts paid by the Merchant for the Service during the 12 months preceding the event giving rise to it.
These limits do not apply to injury caused by an intentional or gross fault, or to bodily or moral injury, for which liability cannot be excluded or limited under the Civil Code of Québec.
13. Suspension and termination
- We may suspend access without notice if there is a risk to the security of the Service or its users, or use contrary to these Terms.
- In case of late payment, we may suspend the Service after a written notice that remains unanswered for [À REMPLIR : period after the late payment notice].
- Each party may terminate the subscription under the terms of the separate agreement, or in case of a material breach by the other party not cured [À REMPLIR : cure period after notice].
- Sections that by their nature must survive the end of the contract (data, confidentiality, liability, governing law) continue to apply.
14. Changes to the Terms
We may change these Terms. The date of the last update appears at the top of the page. A significant change is announced to the Merchant at least [À REMPLIR : notice period for changes to the Terms] before it takes effect; a Merchant who refuses it may terminate the subscription before that date.
15. Governing law and language
- These Terms are governed by the laws of Québec and the federal laws of Canada that apply there.
- Any dispute falls under the courts of Québec, judicial district of [À REMPLIR : judicial district].
- These Terms are written in French; an English version is offered. In case of discrepancy, the French version prevails.
16. Contact us
- Company: [À REMPLIR : legal name of the company], [À REMPLIR : postal address of the company]
- Support: see the Support page
- Personal information: see the privacy policy