Terms of Service

Please read these Terms carefully. They contain a binding arbitration agreement and a class action waiver (Section 16) that affect how disputes are resolved. Hey JAG POS is a business tool: by creating an account you confirm that you are using it for a commercial purpose on behalf of a business and that you have authority to bind that business.

1. Who we are and what these Terms cover

Hey JAG POS (the "Service") is operated by HEY! JAG INC, a Florida corporation with its principal office at 350 N Federal Hwy, Unit 715S, Boynton Beach, FL 33435, USA ("Hey JAG", "we", "us"). Contact: contact@HeyJag.com. These Terms of Service ("Terms") govern access to and use of the Service by businesses located in the United States, including the web application at heyjagpos.com, the Hey JAG POS Android application, our APIs and related support.

By creating an account, clicking "I agree" or using the Service, you ("Customer", "you") accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility and accounts

• The Service is available only to businesses (restaurants, cafés, bakeries, bars, food trucks and similar establishments) and to individuals aged 18 or older acting on their behalf. It is not offered to consumers.
• You must provide accurate registration information and keep it current.
• The account owner may create staff accounts with roles (administrator, manager, cashier, waiter). You are responsible for everything done through your account and your staff accounts, for keeping credentials and PIN codes confidential, and for promptly notifying us of any unauthorized access.
• You are responsible for your staff's compliance with these Terms.

3. The Service

Hey JAG POS is offered in three plans, described on our Pricing page: Free (the complete point of sale on your own phone, Android tablet or computer: orders, tables, kitchen display, cash sessions, offline mode, tips, order and delivery channels, basic reports), Station (Free plus a hardware kit we provide and priority support) and All-In (Station with the full hardware kit plus the complete Hey JAG Management suite: cost analytics, purchasing, inventory, AI invoice scanning, recipes and food cost, staff scheduling and labor cost, multi-location, API). Plan contents may evolve over time. A free trial of the management suite may be offered; when the trial ends, your account returns to the Free plan unless you subscribe. No credit card is required for the trial.

The Service is a management tool. It does not provide accounting, tax, legal or employment advice. Sales tax, tips, cash discounts, payroll hours and reports are computed from the settings and data you enter; you remain solely responsible for your bookkeeping, tax filings, wage and hour compliance and regulatory obligations.

4. Subscriptions, billing and cancellation

• Prices. Subscription prices are stated in US dollars on the Pricing page and in Settings → Billing & Plan before you subscribe. Prices exclude applicable taxes, which may be added where required.
• Automatic renewal. Subscriptions are billed monthly in advance and renew automatically each month at the then-current price until cancelled. Payment is collected by our payment processor (Stripe); we do not store your card number.
• Minimum term for hardware plans. Station and All-In include hardware we provide and therefore have an initial term of 12 months, after which they continue month to month. If you cancel before the end of the initial term, the remaining monthly fees of the term become due, unless you return the hardware in good working order within 14 days of cancellation, in which case only fees accrued to the cancellation date are owed.
• Hardware. Hardware provided under Station and All-In (terminal, receipt printer, cash drawer, card reader) remains the property of Hey JAG. We ship it at no extra charge, replace it if it fails under normal use, and you must return it within 14 days after your plan ends; hardware not returned, lost or damaged beyond normal wear is charged at its replacement value. Each plan covers one station; each additional station is billed at the monthly price shown on the Pricing page. Hardware rentals may be subject to state sales tax.
• Cancellation. You may cancel at any time in Settings → Billing & Plan or by emailing contact@HeyJag.com. Cancellation takes effect at the end of the current billing period (subject to the minimum term above); you keep access to paid modules until then, after which the account returns to the Free plan. The point of sale is never interrupted.
• No refunds. Fees are non-refundable and there are no refunds or credits for partial months, unused modules or downgrades, except where required by law or expressly agreed in writing.
• Failed payments. If a renewal payment fails, we will retry it and notify you. After a grace period, paid modules are locked until payment is made; your data is not deleted.
• Price changes. We may change subscription prices with at least 30 days' notice by email or in the application. The new price applies to the next renewal after the notice period; you may cancel before then.

5. Payments accepted from your customers

Card payments from your patrons are processed through your own Stripe account connected to Hey JAG POS (Stripe Connect). By connecting it you also accept the Stripe Connected Account Agreement and the Stripe Services Agreement. Funds are paid by Stripe directly to your bank account; Hey JAG never holds your funds. Stripe's processing fees and, on the Free and Station plans, a Hey JAG platform fee, both disclosed in Settings → Payments before you enable card payments, are deducted from each card transaction. The All-In plan carries no Hey JAG platform fee. Cash and external terminal payments recorded in the Service are between you, your bank and your customers.

• You are responsible for refunds, chargebacks and disputes with your customers, for the accuracy of receipts and for complying with card network rules.
• Dual pricing / cash discount. If you enable this feature, you are responsible for complying with applicable state law and card network rules, including displaying the required signage and presenting the discount as a reduction from the posted card price.
• Tips. Tips collected through the Service belong to your employees. You are responsible for distributing them and for compliance with federal and state wage laws.
• Card readers and other hardware are subject to their manufacturers' terms and warranties.

6. Third-party services and delivery platforms

The Service can connect to third-party services that you choose to enable. Each is governed by its own terms and fees, to which you agree directly with the provider; Hey JAG is not a party to those agreements and is not responsible for their services, availability, fees, couriers or content.

• Hey! JAG Food (www.heyjag.com), an independent delivery platform with its own courier network, operated by an affiliate of Hey JAG under its own terms.
• Delivery marketplaces such as Uber Eats, DoorDash and Grubhub, whether orders are entered manually from their tablets or received through an integration when available.
• On-demand couriers (DoorDash Drive, Uber Direct): deliveries are requested through your own account with the provider, which bills you directly for each trip. Hey JAG charges no commission on these deliveries.
• Hardware and printing (SUNMI devices and cloud printing, receipt printers, cash drawers), app stores (Google Play, SUNMI App Store) and email or messaging providers.

Third-party integrations may change or be discontinued by the provider; we will make reasonable efforts to inform you when this affects the Service.

7. Your data

• Ownership. You own the data you enter into or generate with the Service (menus, sales, orders, recipes, suppliers, invoices, staff and patron information) ("Customer Data"). You grant us a non-exclusive license to host, process, back up and display Customer Data solely to provide, secure and improve the Service and as permitted by our Privacy Policy.
• Isolation. Each business's data is logically isolated from other customers' data. We do not sell Customer Data.
• Your responsibilities. You are responsible for the lawfulness of the Customer Data, including giving your patrons and employees any notices and obtaining any consents required to collect their information (for example names, phone numbers and delivery addresses on orders, or employee time clock records). We act as your service provider for this data.
• Export and deletion. You can export your data at any time from the application. After account closure, Customer Data is deleted within 30 days, except for records we must keep for legal, accounting or security purposes (such as subscription invoices and payment records, kept for up to 7 years) and anonymized statistics.
• Aggregated data. We may use anonymized, aggregated statistics that do not identify you or any person to operate and improve the Service.

8. AI-assisted features

Some features (for example automatic reading of supplier invoices and menu import) use automated and AI-based processing. Their output may contain errors and is always submitted for your review before anything is saved. You are responsible for checking it. Documents you upload are used only to provide the feature to you and are not used to train models.

9. Acceptable use

You agree not to: provide false information or impersonate anyone; use the Service for unlawful purposes or to process payments for goods or services prohibited by law or by Stripe; attempt to access other customers' data or to probe, scan or disrupt the Service; reverse engineer, copy or resell the Service or its software; use the Service to build a competing product; send spam or unlawful communications through the Service; upload malicious code; or exceed reasonable API rate limits. We may investigate violations and suspend access to protect the Service and other customers.

10. Intellectual property and feedback

The Service, its software, design, trademarks (including "Hey! JAG" and "Hey JAG POS") and content are owned by Hey JAG and its licensors and are protected by US and international intellectual property laws. Your subscription grants a limited, non-exclusive, non-transferable right to use the Service for your business, not a transfer of ownership. If you send us suggestions or feedback, we may use them without obligation to you.

11. Confidentiality

Each party will protect the other's non-public information (for us, your Customer Data and business details; for you, our non-public pricing, roadmap and security information) with reasonable care and use it only to perform under these Terms, except as required by law.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, HEY JAG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT REPORTS, FOOD COST, MARGINS, TAX AMOUNTS OR AI OUTPUT WILL BE ACCURATE OR COMPLETE. The offline mode is designed to keep the point of sale running during an internet outage, but you remain responsible for verifying that offline sales synchronize when the connection returns and for keeping your device secure.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HEY JAG AND ITS OFFICERS, EMPLOYEES, AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE SUBSCRIPTION FEES YOU PAID TO HEY JAG IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100). These limitations do not apply to liability that cannot be limited by law, including liability for fraud, gross negligence or willful misconduct.

14. Indemnification

You will defend, indemnify and hold harmless Hey JAG and its officers, employees and affiliates from claims, damages, fines and expenses (including reasonable attorneys' fees) arising from your Customer Data, your use of the Service in violation of these Terms or the law, your dealings with your patrons, employees and third-party providers (including chargebacks, tips, wages, sales tax, dual pricing and delivery platforms), or your breach of these Terms.

15. Term, suspension and termination

These Terms apply for as long as you have an account. You may close your account at any time after exporting your data. We may suspend or terminate your access, with notice where practicable, if you materially breach these Terms, fail to pay, create a security or legal risk, or if we discontinue the Service (with at least 60 days' notice for discontinuation). Fees owed for periods before termination remain payable. Sections 7, 10 to 14, 16 and 17 survive termination.

16. Governing law, arbitration and class action waiver

16.1 Governing law

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section 16.

16.2 Informal resolution first

Before starting a formal proceeding, either party will send the other a written notice describing the dispute (to contact@HeyJag.com or to the email on your account) and the parties will try in good faith to resolve it within 30 days.

16.3 Binding individual arbitration

Any dispute, claim or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator, in Palm Beach County, Florida (or by video conference if the parties agree). The arbitrator may award the same individual relief a court could award. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or data security.

16.4 Class action waiver

YOU AND HEY JAG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one customer. If this waiver is found unenforceable for a particular claim, that claim will proceed in the state or federal courts located in Palm Beach County, Florida, and the parties consent to their exclusive jurisdiction.

16.5 Opt-out

You may opt out of this arbitration agreement by emailing contact@HeyJag.com within 30 days after first accepting these Terms, stating your business name and account email. Opting out does not affect the other provisions of these Terms.

17. General terms

• Changes to these Terms. We may update these Terms. The current version and its date are always shown on this page. We will notify you in the application or by email at least 30 days before material changes take effect; continued use after that date constitutes acceptance.
• Notices. We may give notice in the application or by email to the address on your account. Notices to us go to contact@HeyJag.com or to our mailing address above.
• Electronic communications. You consent to receive contracts, notices and disclosures electronically.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control (including internet, hosting or payment network outages, natural disasters or government actions), except for payment obligations.
• Export and sanctions. You represent that you are not located in, and will not use the Service from, a country or on a list subject to US sanctions or export restrictions.
• Entire agreement; severability; waiver. These Terms and the Privacy Policy are the entire agreement between you and Hey JAG about the Service. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.
• Language. These Terms are written in English. Any translation is provided for convenience only; the English version governs.

18. Contact

HEY! JAG INC · 350 N Federal Hwy, Unit 715S, Boynton Beach, FL 33435, USA · contact@HeyJag.com · www.heyjag.com