HandyPOS -> Your direct and electronic commerce solution, easy, fast and very handy.

These Terms and Conditions of Use, hereinafter; "THE TERMS OF USE", regulate the rules to which the use of HandyPOS is subject, hereinafter: "THE SERVICE, SOFTWARE or APP", which can be downloaded from the Google Play Store, or used from the domain https://www.handypos.net.

Downloading or using THE SERVICE attributes the condition of USER and/or CLIENT to whoever does so and implies acceptance of all the conditions included in this document, in the Privacy Policy and the Legal Notice of this application. The USER and/or CLIENT You should read these conditions each time you use the SERVICE, as they may be modified in the future.

These Terms of Use establish the conditions under which users are offered access to the websites, services and applications. of HandyPOS, which is a platform that allows the management and sale of products and services between a company or freelance and their clients, in person or online, using the store or profile system.

The profile allows to expose a micro website with a catalog, among other functions, and receive direct payments to the store's bank account, when using any of the payment providers available on the platform.

The use of THE SERVICE, attributes to whoever performs it the condition of user thereof, hereinafter: "THE USER" or "THE CUSTOMER", and implies the full acceptance of these TERMS OF USE. In case of not agreeing with all or part of these, THE USER and/or CLIENT must abstain to install and use this service.

When referring to the CLIENT, it is the one who performs the action of acquiring products and/or services from the USER or store, both being users. of the Service.

By accepting these TERMS OF USE, THE USER declares and accepts the following:

• That you have read the TERMS OF USE in full, understand and understand all of the above.
• That he assumes all the obligations set forth herein.
• That you are of legal age and have sufficient legal capacity to use THE SERVICE.

HandyPOS, reserves the right to make any modification or update of THE TERMS OF USE at any time, once they enter in force, is accepted by THE USER by continuing to use THE SERVICE. That is, if the USER and/or CLIENT continues to use the application once any modification has been made, that continued use will constitute your acceptance of such modifications.

If you do not accept these Terms of Use or agree to be bound by them, you must not use the application or download or use any related software. The use you make of the application is under your sole responsibility. We have no responsibility for the deletion or inability to store or transmit any content or other information maintained or transmitted by the application. We are not responsible for the accuracy or reliability of any information or advice transmitted through the application.

HandyPOS, reserves the right to limit or discontinue your use at our sole discretion, at any time. Up to the maximum that allows under the law, in no event will we be liable for any related loss or damage.

In order to use this SERVICE, it is necessary to register the USER, the acceptance of these TERMS OF USE and the Policy of privacy and cookies.

THE USER will register using their Google or Microsoft account, where they will be asked for some information to complete the registration, these information must be exact and truthful, since they must be validated by THE USER. This SERVICE does not register a password, Except for the one that THE USER OR STORE must assign, for web access. Authentication or validation will be done by Google or Microsoft, as the case may be.

Access to restricted areas and/or the use of the SERVICE, carried out under the password or authentication of a registered USER or CLIENT, It will be considered carried out by said User or Client, who will respond in any case to said access and use.

By accepting these TERMS OF USE, THE USER consents that their data become part of the HandyPOS file, and that the treatment of these data will be in accordance with the provisions of the PRIVACY POLICY.

It is understood that only USERS and/or CLIENTS, expressly authorized by HandyPOS, may access the download and use of the APP. The USERS who do not have authorization, will not be able to access said content.

HandyPOS grants CUSTOMERS and/or USERS a license, non-exclusive, personal and non-transferable right, to use the Software. This license applies only to the object code of the software, that is, the compiled, assembled, or machine-executable version of the software. Software, and does not grant you any rights, of any kind, regarding the source code of the Software, intellectual or industrial property only and exclusively from HandyPOS and/or its owners.

Said license is also granted under the same terms with respect to updates and improvements made to the APP. Said user licenses may be revoked by HandyPOS unilaterally at any time, by simply notifying the email. registered by the USER and/or CLIENT.

The APP and its contents (texts, photographs, graphics, images, technology, software, links, contents, graphic design, source code, etc.), as well as the brands and other distinctive signs are the property of HandyPOS , the USERS and/or CLIENTS do not acquire any right over them by the mere use of the APP.

The USER and/or CLIENT must refrain from performing the following actions:

1- Reproduce, copy, distribute, make available to third parties, publicly communicate, transform or modify the APP or its contents, Except in the cases contemplated by law or expressly authorized by HandyPOS or by the owner of said rights.
2- Reproduce or copy the APP or its contents for private use, as well as communicate them publicly or make them available to third parties when this entails its reproduction.
3- Extract or reuse all or a substantial part of the contents of the APP.

It is the responsibility of the USER and/or CUSTOMER, in any case, to have adequate tools for the detection and disinfection of programs malicious or any other harmful computer elements. HandyPOS is not responsible for damage to computer equipment while using the APP. Likewise, HandyPOS will not be responsible for damages caused to USERS and/or CLIENTS, when said damages are caused by failures or disconnections in the telecommunications networks that interrupt the service.

HandyPOS operates under a free modality —with service restrictions—, and another subscription that is paid, based on levels and, where each level allows the use of a greater or lesser range of functions in the service. With automatic renewal for the USER (store), until its cancellation, for an additional period equivalent to the period agreed upon when subscribing.

USERS and/or CLIENTS are solely responsible for paying all costs or expenses incurred as a result of downloading. and use the HandyPOS APP, including any roaming or carrier network charges. They will have the obligation to consult with their providers of services details about it.

It is forbidden to alter or modify in whole or in part the APP or its contents, evade, deactivate or manipulate any other form (or try to circumvent, deactivate or manipulate) the security functions or other functions of the program, as well as use the APP or its content for commercial or advertising purposes.

The use of the APP for the purpose of damaging goods, rights or interests of HandyPOS or of third parties is prohibited. It is also it is prohibited to carry out any other use that alters, damages or disables the networks, servers, equipment, products and computer programs of HandyPOS or third parties.

USERS and/or CLIENTS are not permitted to help others install or load the Software on a server or other network device, or take steps to provide the Software to third parties, through any form of 'bulletin board, online service, services or service providers of remote application of calls, internet service provider services, agreements timeshare, outsourcing services or office services'; Never, neither for their own benefits nor that of third parties, nor for free.

The USERS may not, under any circumstances, grant the license to third parties, assign, rent, lease, loan, transfer or copy the Software or its license, to use or make copies or distribute the Software.

Nor may they translate, reverse engineer, decompile, disassemble, adapt, modify, create derivative works of, or make the minimum change to the Software.

All content is the property of THE SERVICE, texts, photographs, graphics, images, icons, technology, software, databases and other audiovisual or sound content, as well as its graphic design and source codes used. This enumeration is carried out by title enunciative and exemplary, not limiting.

Text, images, graphics, sound files, animation files, video files, software and Appearance of the HandyPOS website or Android app, are protected by intellectual and industrial property rights. Those elements may not be validly or legitimately copied or distributed for commercial or entertainment use, nor may they be modified or inserted in other websites, without the express prior authorization of their owners.

This excludes some free images and free commercial use of the website https://storyset.com/, which are easily identifiable by their design pattern. To its designers and owners of the service, our thanks for the great contribution they make to the world.

HandyPOS software is made under the strictest coding rules and quality and technological standards, communication encrypted and hosted in cloud systems for redundancy and speed, coupled with cyber-attack protection systems and backups. However, like all software and services on the Internet, we cannot guarantee 100% that the operation of this service will be free of errors or interruptions, that the software or servers are free of viruses and defects, or privacy, security, authenticity and non-corruption of any information transmitted through or stored in any system connected to the internet. It will be used the methodology of updates on the server and on Android devices to correct or improve the service, as well as to deliver new functions to users, these updates could lead to an interruption of the service which the user accepts and understands.

The USER grants free and exclusively to HandyPOS the rights of public communication, reproduction, distribution and transformation that has on the contents, in all the modes of exploitation existing on the date of acceptance of these TERMS OF USE, throughout the time of validity of the rights object of assignment, for the universal territorial scope.

It is understood that HandyPOS does not represent or have any business relationship with the brands that USERS may advertise in this SERVICE.

The USER and/or CLIENT undertakes to use the SERVICE in accordance with the provisions of the law, morality, public order and those present TERMS OF USE. Likewise, it is obliged to make proper use of it and not to use it to carry out illegal or constitutive activities. of crime, that violate the rights of third parties or that violate any rule of the legal system of the country where you reside and/or carries out its economic activity.

The USER undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information —Products, objects, data, content, messages, drawings, sound and image files, photographs, software, etc.—, that are contrary to the law, morality, public order and these TERMS OF USE.

By way of example and in no way limiting or excluding, the USER agrees to:

• Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in defense of terrorism or that threatens against human rights.
• Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized constitutionally and in international treaties.
• Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes advertising illicit or unfair.
• Not to introduce or disseminate any false, misleading, ambiguous or inaccurate information and content, in a way that induces or may mislead the recipients of the information.
• Not to use the SERVICE for the purpose of fraud, although the responsibility is exclusive between the USER (store) and the CUSTOMER (Store user). Doing so may lead to the closure of your account and notification to the competent authorities, according to the magnitude of the problem that is occurring and; accordingly, the most complete sanctions will be sought against any USER involved in said fraud, using the information available such as geolocation data, IP, data collected when paying, among others.
• Do not impersonate other USERS or transmit account access data or password to a third party.
• Not to disseminate, transmit or make available to third parties any type of information, element or content, without express authorization of the holders of the intellectual and industrial property rights that may fall on such information, element or content.
• Not to disseminate, transmit or make available to third parties any type of information, element or content that represents a violation of the secrecy of communications and the legislation of personal data.
• Not to disseminate, transmit or make available to third parties photographs or any representation or image of minors.
• Not to disseminate, transmit or make available to third parties any substance that requires a medical prescription or that must be dispensed under the supervision of a doctor - doctor, dentist, optometrist, optician, pharmacist, veterinarian - is not allowed. As well as the products that can influence the health of the individual, that present contraindications, interactions, etc., and perishable of any kind.

THE STORES are governed by a scoring system, stars and comments, for which, it is important that both the USER (store) and the CUSTOMER (User of the store), make use of this system, for the best and healthiest experience of both.

THE USER and the CUSTOMER accept that HandyPOS is excluded and will not have to assume any responsibility for any possible Litis, claim, fine, penalty or sanction that may arise between the USER (store) and the CLIENT (User of the store), due to some breach by the USER or the CLIENT, to the non-observance of any of the aforementioned rules of use; reserving, in addition, HandyPOS, the right to go before the competent courts and tribunals, in order to request compensation to repair the damage and damages that this situation could cause.

HandyPOS reserves the right to restrict the use of the Service, either temporarily or permanently, to any User who infringes any of the rules established in these Terms of Use, the law or morals. Discretionary, HandyPOS also may restrict Users and even stop providing the Service in whole or in part, when it deems it appropriate to improve the operation of the Service and/or the rest of its users.

HandyPOS does not own any of the items and/or services offered through its platform, and is not a party to the transaction of sale carried out exclusively between the USER (store or seller) and the CLIENT (buyer or who acquires the service promoted), nor does it review or validate the products that USERS offer through the SERVICE, therefore, HandyPOS will not be responsible, neither directly nor indirectly, nor subsidiarily, of damages of any nature derived from the use and contracting the contents and activities of USERS, CLIENTS and/or third parties through the SERVICE, as well as the lack of of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the same.

By way of example and in no way limiting, HandyPOS will not be responsible for damages of any kind. derived from:

• The use that USERS make of the SERVICE, nor by the state, origin, possible inaccuracy or possible falsity of the data provided by USERS, or the products and/or services offered through the platform or SERVICE.
• The use that USERS may make of the SERVICE materials, whether prohibited or permitted, in violation of intellectual and/or industrial property rights, confidential information, content of the SERVICE or third parties.
• Carrying out acts of unfair competition and illegal advertising.
• Access by minors to the contents included in the SERVICE.
• The unavailability, errors, access failures and lack of continuity of the SERVICE.
• Failures or incidents that may occur in communications, erasure or incomplete transmissions.

Any claim or controversy that may arise between the USERS of the SERVICE must be resolved between them, being obliged to hold HandyPOS totally harmless, without prejudice to which HandyPOS will use its best efforts to facilitate USERS a prompt and satisfactory solution through its USER ATTENTION SERVICE.

THE SERVICE may include technical link devices, directories and, even, search tools that allow the USER access other pages and internet portals, hereinafter: "LINKED SITES".

The USER acknowledges and accepts that access to the LINKED SITES will be at his sole risk and responsibility, and exonerates the SERVICE of any responsibility for eventual infringements of intellectual or industrial property rights of the holders of the LINKED SITES. Likewise, the USER exonerates the SERVICE from any responsibility regarding the technical availability of the linked web pages, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or contents to those that the USER can access.

In no case, the existence of LINKED SITES must presuppose the formalization of agreements with those responsible or owners of the themselves, nor the recommendation, promotion or identification of the SERVICE with the statements, content or services provided. HandyPOS does not know the contents and services of the LINKED SITES, therefore, it is not responsible directly or indirectly for damages produced by the illegality, quality, outdated, unavailability, error and uselessness of the contents and/or services of the LINKED SITES, or for any other damage.

HandyPOS has a subscription system for payment methods, which may grow over time, to offer the USER the better and more competitive and secure ways to receive and make payments.

The service provides the ease of connection to existing accounts of payment providers that already work on the platform, or so that they can subscribe to new accounts.

Each provider or payment gateway has its own conditions of use, therefore, the USER is responsible for reading them. before using them, and of any misuse. By creating and/or connecting such accounts with HandyPOS, you accept and are also governed by such terms of use.

HandyPOS does not store any type of information about credit, debit cards or any other payment method used by the CLIENT to pay the USER or store, as well as the data associated with each type of payment mentioned above. It is stored so encrypted identifiers, results and/or summary of transactions (including the last 4 digits of card numbers and type card), which can then be used to call payment providers and display temporary information and/or perform actions by the USER, by way of help or function.

All transactions are carried out using encryption with the payment provider and the same can record data for validations, security and avoid fraud. Therefore, HandyPOS does not see what is being sent and only receives the result of these transactions so encrypted.

HandyPOS could charge a small fee per transaction in the payment gateways, which is 0.2% or € 0.5, (whichever is greater), on the commission of the payment provider, (if it is the case), so, before making the connection with the payment provider, check if does or does not charge any commission.

In case of disputes, they will be between the USER and the CLIENT, together with the provider or payment gateway. However, HandyPOS, without obligation and by virtue of the healthy and best service, it could collaborate in reviewing and trying to help in solving them, as well how to take the actions to close accounts, or the measures that help to solve and avoid fraud, among other bad actions.

HandyPOS operates under a free modality —with service restrictions—, and another subscription that is paid, based on levels and, where each level allows the use of a greater or lesser range of operability in the functions of the service. With automatic renewal for the USER (store), until its cancellation, for an additional period equivalent to the period agreed upon when subscribing.

The subscription is managed by Google, using a Google account on your Android device and can be canceled at any time or modify the type of subscription plan.

Canceling your HandyPOS account or removing the application from your device does not confirm the cancellation of the subscription, therefore, it does not exempt you from continuing to pay for the subscription; that is why you must verify the cancellation of your subscription, before uninstalling the application.

In the event that a profile is deactivated due to a breach of the rules of coexistence or the established conditions of use, the USER will receive a notification at the email address associated with the deactivated profile and it will be the USER's responsibility to cancel your subscription.

To change the subscribed plan, improve it, decrease it or unsubscribe, you can do it from the application on your devices Android, or by the Google Play Store.

Removing your subscription or changing your plan does not delete any of the data associated with your account, such as: the products and/or services you have created. Said data may be deleted at the same time, according to the inactive accounts and data storage clauses. of the USER and/or CLIENT.

If the USER changes from a subscription plan and then goes to the free or non-subscription mode, as the information is still intact, the what happens is a restriction on the use and storage of information, for example: if a store has 50 items and goes into free, you can only see the maximum allowed by the free version, the same happens with billing where the number of monthly bills, among other cases.

HandyPOS will not charge you anything additional outside the subscription, only in some cases a small commission for the transaction with the payment provider, therefore, USERS do not have to worry about bandwidth consumption or data transfers, hosting, security, data backups, SSL certificates, among other expenses.

The right of withdrawal will not be applicable to subscription services whose execution has begun.

The SERVICE reserves the right to consider free or unsubscribed accounts inactive, which have not been accessed by the USER or that have not generated movements for a continuous period of ninety (90) days.

If the account is considered inactive, the data contained in it may be deleted, after notification by email that you used to create your account, and you will be given a period of fifteen (15) more days for its reactivation or final elimination.

The USER and/or CUSTOMER undertakes to hold HandyPOS harmless, against any possible claim, fine, penalty or sanction that may come obliged to bear, as a result of the elimination of the data associated with the USER. How the CUSTOMER may have made you purchases from the USER, said information, which is common to both, will also be lost when the account is deleted.

The Service will keep at least forty-five (45) days of the last most statistical movements or maximum details of the transactions, one thousand (1000) days for invoices, and at least three hundred sixty-five (365) days for reports, budgets and transaction summaries, among other important information.

When it comes to information of maximum detail, they are used, for example, to calculate statistics such as the best sellers or the most viewed ones. It can also be considered highly relevant information: the detail of merchandise shipments and their status.

On the other hand, there is information such as products and services, customers, among other information, which is not handled a pool of days of storage, therefore, it does not have a range of last days of storage or it is not limited - except for those limited by the plan or subscription chosen by the user, which are by quantity or number of months—.

The data is stored in databases with protection based on encryption, the software at runtime, when delivering the information requested from the USER or CLIENT, decrypts and displays the information locally and temporarily.

The SERVICE, in the web mode stores local cookies, but only for functional or session mode, no sensitive information is stored nor is data that affects privacy recorded.

The SERVICE, in Android application mode, contains a local database, but does not store sensitive information, and if it reaches contain it, said content will be protected by encryption.

USER is the person or entity that has or does not have a physical store, uses the SERVICE to sell or offer products and/or services directly, using the Android point of sale (POS), or virtually, using the web store profile mode, under a unique alias that identifies it.

The USER may promote their aliases on social networks to capture and promote their products and/or services, personalize their profile and use the tools provided by the platform, but always respecting the rules of use set out above.

The USER, when creating their profile from the Android application, personalizing it and placing their contact and tax information, among others, does not you only accept the conditions of use, but certify that your data is true.

By way of example and in no case limiting or exclusive, the USER undertakes in the case of using the web store profile, under Unique alias, to the following conditions:

• By promoting products and/or services, you certify that they are true and that, using or not the inventory control system (optional on the platform), which has availability. Or you must indicate that it is on request and with the delivery days according to the reality, so that the CUSTOMER can agree if he makes the purchase.
• Set the shipping data by country, if applicable, in which it certifies and undertakes to make international shipments, where it is registered that you reside or exercise your economic activity.
• You must set at least one shipping cost in the country where you carry out your economic activity, if you do not do so, it is understood that you do not charge for the shipment and this is how the platform shows it to its potential CUSTOMERS. You can optionally set a shipping cost per product, the which will be added to the general shipping cost. It is understood that it is a higher cost for volume, weight or other valid reason.
• It undertakes to set a shipping time according to the product and due to the distance, always with the aim of obtaining the CUSTOMER satisfaction, for which, he must do the maximum to comply with it, and if he is unable to achieve it, he must maintain communication with the CLIENT on an ongoing basis and resolve the incident as expeditiously as possible.
• Shipments must be properly packed or protected, to ensure as much as possible that they arrive correctly.
• You must give the guarantee, if applicable, and comply with it according to the legislation of the country where you carry out your economic activity. Remember that, failure to comply with this or other aspects, not only affect a possible and fruitful economic activity for you, your score and/or comments on the platform, but may lead to legal actions and closure of your account.
• If, due to any error, you cannot send the items purchased by the CUSTOMER, you must cancel the invoice through the platform, which results in the full refund of the money to the CUSTOMER, or at least, the manual refund, through their account with the payment provider with which you processed the transaction.

The USER has the right to reserve himself to continue selling products to a certain CUSTOMER, and/or to place a score or comment that can warn other stores under the platform, about a possible problematic CUSTOMER. In the case of refusing sell to a CUSTOMER, and that this, before being blocked by the USER or the store, had already bought a product, the USER or store will be obliged to refund the money to said CUSTOMER.

The CUSTOMER is the person or entity that buys products and/or services through the platform. He is registered using a Google or Microsoft account, and in order to buy from a USER or store you must first complete your personal data and shipping address.

The CLIENT, by completing their personal and shipping data, certifies that said data is true and agrees to use the platform according to the rules of use set out above.

With his account, the CLIENT will be able to buy products and/or services in the USERS 'stores where it is possible to make a shipment to the CLIENT, due to its geolocation or other feasibility. Otherwise, and if due to any error, the USER or the store could not make the shipment of what was purchased by the CUSTOMER, he must cancel the invoice through the platform, which results in the full refund of the money to the CUSTOMER, or at a minimum, manual refund, through their account with the provider of payments with which you processed said transaction.

The CLIENT agrees to use, on the platform, the means of payments that are legitimately owned by him, and without any intention. fraud against the USER (store) or the platform. Otherwise, you might not only receive negative scores and bad comments, but it could be blocked by stores, be subject to judicial investigations with the information of the payment providers, and his account will be permanently removed from the platform.

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