Terms of Service

01 Agreement to Terms

These Terms of Service (the "Terms") constitute a binding agreement between you and Great POS, a payment technology company operating in Canada (referred to in these Terms as "Great POS," "we," "us," or "our"). The Terms govern your access to and use of our websites, payment processing services, point-of-sale software, hardware, and any related products or services (collectively, the "Services").

By accessing, using, or signing up for any of the Services — whether as a business owner, an authorized representative of a business, or a website visitor — you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity, and the references to "you" in these Terms refer to that entity.

If you do not agree to these Terms, you must not access or use the Services. Your continued use of the Services after any update to these Terms constitutes acceptance of the revised Terms.

02 Definitions

The following terms have the meanings set out below when used in these Terms:

Account

The account you create to access the Services, including any merchant account established with our payment processing partners.

Cardholder

The person whose name appears on a payment card and to whom that card was issued.

Card Network

Visa, Mastercard, American Express, Discover, Interac, or any other payment card network whose cards may be processed through the Services.

Card Network Rules

The rules, regulations, and operating procedures published by each Card Network, as updated from time to time, including but not limited to the Visa Core Rules and Mastercard Rules.

Chargeback

A transaction that has been disputed by a Cardholder or issuing bank and reversed, as permitted under applicable Card Network Rules.

Hardware

Any point-of-sale terminal, peripheral device, kiosk, or accessory that you purchase or rent from us, including but not limited to Clover-branded devices.

Merchant

A business that has been approved to accept payments through the Services pursuant to a Merchant Services Agreement.

PCI-DSS

The Payment Card Industry Data Security Standard, as published and updated by the PCI Security Standards Council.

Reserve

An amount of funds we may withhold from settlement to protect against potential Chargebacks, refunds, fees, or other liabilities.

Services

The payment processing services, point-of-sale software, hardware, support, and any related products offered by Great POS.

Transaction

Any payment, refund, or financial transfer processed through the Services.

03 Eligibility & Account Registration

3.1 Eligibility

To use the Services, you must be at least 18 years of age, be legally able to enter into binding contracts, and operate a legitimate business in Canada. Merchants must hold all licenses and registrations required to operate their business under Canadian federal and provincial law.

3.2 Account Application

To become a Merchant, you must complete an application and provide information about your business, including but not limited to: legal business name, business address, ownership details, banking information, anticipated transaction volumes, and identification of any beneficial owners. You authorize Great POS and its partners to verify this information and to obtain credit reports as necessary to assess your application.

3.3 Account Security

You are responsible for safeguarding your Account credentials and for all activities that occur under your Account. You must notify us immediately at support@greatpos.com if you suspect any unauthorized access. We are not liable for any loss arising from your failure to maintain the security of your Account.

3.4 Accurate Information

You must provide complete and accurate information at all times, and you must promptly update us if any information you have provided changes (including business ownership, banking details, business address, or anticipated transaction volume). Failure to do so may result in suspension or termination of the Services.

04 Services Description

Great POS provides Canadian businesses with integrated point-of-sale and payment processing solutions, including:

• POS hardware — Clover-branded devices and related accessories sold or rented to Merchants
• Payment processing — acceptance and settlement of card payments via Visa, Mastercard, American Express, Discover, Interac Debit, and select digital wallets
• POS software — cloud-based applications for inventory, reporting, customer management, and operational tools
• Merchant onboarding — application, underwriting, and account setup support
• Customer support — phone, email, and on-site support during published business hours
• Optional add-ons — online ordering integrations, loyalty programs, gift cards, and third-party application access via the Clover App Market

Some Services are provided directly by Great POS, and some are provided by our processing partners, hardware manufacturers, or third-party application developers. Where third parties provide a Service, their own terms may also apply, and we will identify them where relevant.

4.1 Service Availability

We strive to provide continuous availability of the Services, but we do not guarantee that the Services will be uninterrupted or error-free. The Services may occasionally be unavailable due to scheduled maintenance, unplanned outages, or events outside our control. Real-time status is available at greatpos.ca/system-status.

05 Hardware & Equipment

5.1 Purchase or Rental

Hardware may be purchased outright or rented under a monthly equipment plan as set out in your Merchant Services Agreement. The pricing and terms applicable to each Hardware model are described in your signed quote or rental agreement.

5.2 Title & Risk

For purchased Hardware, title passes to you upon receipt of full payment. For rented Hardware, title remains with Great POS at all times; you receive a license to use the Hardware for the term of the rental. In both cases, risk of loss or damage transfers to you upon delivery.

5.3 Care & Maintenance

You must keep Hardware in good working condition, use it only for its intended purpose, follow all manufacturer instructions, and not attempt to modify, repair, reverse-engineer, or open the Hardware. Damage caused by negligence, unauthorized modification, water, electrical surges, or use outside of stated environmental tolerances is not covered by warranty or our rental agreement.

5.4 Returns & Replacements

Purchased Hardware may be returned within 30 days of receipt in original condition for a full refund, less any restocking fee disclosed at the time of purchase. Rented Hardware must be returned within 14 days of termination of the rental agreement; failure to return may result in a non-return fee equal to the replacement cost of the unit.

5.5 Warranty

New Hardware purchased from Great POS includes a one-year limited manufacturer warranty against defects in materials and workmanship under normal use. Rented Hardware is warranted for the duration of the rental term. Warranty service does not cover damage caused by misuse, accident, or unauthorized modification.

06 Payment Processing Services

6.1 Processing Partners

Great POS provides payment processing through one or more licensed acquiring partners. Your ability to accept and settle card transactions is subject to the approval and ongoing requirements of these processing partners, the Card Networks, and applicable regulators.

6.2 Card Network Rules

You agree to comply with all applicable Card Network Rules at all times. These rules govern transaction acceptance, refunds, chargebacks, surcharging, displayed pricing, and many other operational matters. We will provide reasonable guidance, but it is your responsibility to remain informed and compliant. Violation of Card Network Rules may result in fines passed through to you, account holds, or termination.

6.3 Authorization & Approval

Approval of any individual Transaction does not constitute a guarantee that the Transaction will not later be disputed, refunded, or charged back. You bear the risk of fraudulent, disputed, or invalid Transactions regardless of authorization status.

6.4 Code of Conduct

We comply with the Code of Conduct for the Credit and Debit Card Industry in Canada as administered by the Financial Consumer Agency of Canada (FCAC). You have the rights set out in that Code, including the right to clear and transparent statements, the right to cancel contracts without penalty in certain circumstances following fee increases, and the right to access dispute-resolution mechanisms.

07 Fees & Charges

7.1 Fees

You agree to pay all fees applicable to your use of the Services as disclosed in your Merchant Services Agreement, signed quote, or rental agreement. Fees may include processing fees (per-transaction percentages and per-transaction flat fees), monthly software fees, Hardware rental fees, statement fees, PCI compliance fees, chargeback fees, and other charges as disclosed.

7.2 Statements

You will receive a monthly statement summarizing transactions, fees, and any other charges. Statements are made available through your Merchant dashboard and, where requested, by email or mail. You must promptly review each statement and notify us of any discrepancies within 30 days of statement issuance; otherwise, the statement will be deemed accurate.

7.3 Fee Changes

We may change fees on at least 90 days' written notice, except where Card Network or regulatory changes require faster implementation. In accordance with the Code of Conduct, you may cancel your Merchant Services Agreement without penalty within 90 days of receiving notice of a fee increase or the introduction of a new fee, subject to the conditions set out in the Code.

7.4 Taxes

All fees are exclusive of applicable taxes, including GST, HST, PST, and QST. You are responsible for all such taxes attributable to your use of the Services, except for taxes on Great POS's net income.

08 Settlement & Funding

8.1 Settlement Timing

Funds from approved Transactions, less applicable fees and Reserves, will be deposited into the bank account you have designated. Standard settlement is next business day for Canadian transactions submitted by the daily cutoff time, though some Merchants may be subject to longer settlement timelines based on risk profile, transaction history, or industry.

8.2 Reserves

We may, in our reasonable discretion, establish a Reserve to protect against potential Chargebacks, refunds, fees, fines, or other liabilities. Reserves may be funded by withholding a percentage of settlements or by requiring a direct deposit. We will notify you of the Reserve amount, the basis on which it was established, and the conditions for its release.

8.3 Settlement Holds

We may delay or hold settlement of any Transaction we reasonably suspect is fraudulent, in violation of these Terms, in violation of Card Network Rules, or otherwise irregular. We will notify you of any settlement hold and the reason as soon as reasonably practicable.

8.4 Banking Information

You are responsible for the accuracy of the banking information you provide. We are not liable for failed deposits arising from incorrect banking information, account closures, or other issues outside of our control.

09 Chargebacks & Refunds

9.1 Chargebacks

A Chargeback may occur if a Cardholder or their issuing bank disputes a Transaction. You will be responsible for the full amount of any Chargeback, plus a Chargeback fee as disclosed in your fee schedule, regardless of the reason for the dispute. We will deduct Chargebacks from your settlements, your Reserve, or invoice them separately if those funds are insufficient.

9.2 Chargeback Disputes

If you believe a Chargeback is invalid, you have the right to dispute it through the Card Network's chargeback representment process. We will provide you with reasonable assistance, but the outcome of any chargeback dispute is determined by the Card Network, not by us. You must provide supporting documentation within the time frames required by the Card Network.

9.3 Excessive Chargebacks

If your Chargeback rate exceeds the thresholds established by any Card Network or regulator (commonly 0.9% to 1.5% depending on the network), we may be required to place your account into a monitoring program, increase your Reserves, charge additional fees, or terminate the Services.

9.4 Refunds

You may issue refunds for Transactions through your Merchant dashboard. Refund Transactions will be deducted from your settlement. Refunds for Transactions processed more than 180 days ago may not be possible due to Card Network limitations.

10 Merchant Responsibilities

As a Merchant, you are responsible for, at a minimum:

• Operating your business in compliance with all applicable Canadian federal, provincial, and municipal laws
• Complying with all Card Network Rules
• Maintaining PCI-DSS compliance for the level applicable to your transaction volume
• Delivering goods and services as described to Cardholders
• Honoring your own refund and return policy, which must be clearly disclosed to Cardholders prior to purchase
• Maintaining accurate records of all Transactions for a minimum of 18 months
• Promptly responding to Chargeback inquiries and providing supporting documentation when requested
• Maintaining accurate banking, ownership, and contact information on your Account
• Reporting suspected fraud or security incidents to us immediately
• Paying all fees and other amounts owed under these Terms

11 Prohibited Activities & Businesses

You may not use the Services to process Transactions for, or in connection with, any business or activity that:

• Is illegal in Canada or in any jurisdiction where the Transaction is processed or the Cardholder resides
• Involves the sale of controlled substances (other than as expressly permitted under provincial and federal law)
• Involves the sale of firearms, ammunition, or weapons except by licensed dealers in compliance with all applicable regulations
• Involves adult entertainment or content of a sexual nature
• Involves gambling, betting, or online gaming except by licensed operators in compliance with all applicable regulations
• Involves Ponzi schemes, pyramid schemes, multi-level marketing schemes without a substantive product offering, or any other deceptive marketing practice
• Violates the intellectual property rights of any third party
• Has been prohibited or restricted by any Card Network
• Is on a sanctions list maintained by Canadian, U.S., U.K., or international authorities
• Is otherwise determined by us, in our reasonable discretion, to pose unacceptable risk

We may refuse to onboard, suspend, or terminate any Merchant whose business activity falls within these categories, and we may report violations to applicable regulators, Card Networks, and law enforcement.

12 PCI Compliance & Data Security

12.1 PCI-DSS Compliance

You must maintain PCI-DSS compliance at the level applicable to your transaction volume. We provide PCI-DSS guidance through our Merchant dashboard and may engage third-party PCI compliance vendors to assist you. PCI non-compliance fees and any fines imposed by Card Networks or processors arising from your non-compliance are your responsibility.

12.2 Cardholder Data

You must not store, transmit, or retain any Cardholder data (including full primary account numbers, magnetic-stripe data, CVV/CVC codes, or PINs) except as expressly permitted by PCI-DSS. You must use only the equipment and software we authorize for handling Cardholder data.

12.3 Security Incidents

If you experience or suspect a security incident affecting Cardholder data — including a data breach, malware infection, or skimming device — you must notify us within 24 hours at security@greatpos.com. We may engage forensic investigators at your cost, and you must cooperate fully with any investigation by us, our processing partners, or law enforcement.

12.4 Privacy Policy

Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Our practices comply with PIPEDA and applicable provincial privacy legislation.

13 Confidentiality

In the course of providing the Services, you may receive information that is confidential to Great POS (including pricing, technology details, business processes, and any other information marked as confidential or reasonably understood to be confidential). You agree to:

• Use confidential information only for purposes of receiving and using the Services
• Not disclose confidential information to any third party except to your professional advisors who are bound by similar obligations
• Protect confidential information with at least the same degree of care you use to protect your own confidential information of similar sensitivity

Great POS undertakes a reciprocal obligation in respect of your confidential information. These obligations survive termination of these Terms for a period of three years, except in respect of Cardholder data, which must be protected indefinitely.

14 Intellectual Property

14.1 Our Intellectual Property

Great POS and our licensors own all rights, title, and interest in the Services, including all software, content, designs, logos, trademarks, and documentation. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your own business operations. No other rights are granted.

14.2 Your Content

You retain all rights to any content you upload or input into the Services, including business information, menus, product catalogs, customer lists, and Transaction records. You grant us a limited license to use that content solely to provide the Services to you.

14.3 Feedback

If you provide us with suggestions, ideas, or other feedback about the Services, you grant us a perpetual, royalty-free license to use and incorporate that feedback into the Services without obligation to you.

15 Term & Termination

15.1 Term

These Terms become effective when you first access or use the Services and remain in effect until terminated in accordance with this Section. Specific contractual terms for Hardware rentals, Merchant Services Agreements, and other Services may be set out in separate documents.

15.2 Termination by You

You may terminate your use of the Services by closing your Account and ceasing all use. Specific notice and early-termination provisions may apply under your Merchant Services Agreement or rental agreement. Termination does not relieve you of obligations accrued prior to termination, including outstanding fees, Chargebacks, and Hardware return obligations.

15.3 Termination by Us

We may suspend or terminate the Services, or your Account, immediately and without prior notice if:

• You materially breach these Terms or any related agreement
• You engage in any Prohibited Activity
• You become insolvent, file for bankruptcy, or cease operating your business
• A Card Network, processing partner, or regulator requires us to terminate
• We reasonably suspect fraud, money laundering, or other illegal activity
• Your Chargeback or fraud rate exceeds acceptable thresholds
• You fail to pay fees when due and the failure continues for 10 business days after notice

We may also terminate for convenience on 30 days' written notice, in which case your obligations end upon the termination date except for those that survive termination.

15.4 Effect of Termination

Upon termination: (a) your right to use the Services ends immediately; (b) all amounts owed by you become immediately due and payable; (c) we may apply any Reserve to outstanding amounts; (d) you must return all rented Hardware; (e) we may retain Cardholder data and Transaction records as required by law or Card Network Rules; and (f) provisions that by their nature should survive termination (including Confidentiality, Intellectual Property, Disclaimers, Liability, Indemnification, and Governing Law) will survive.

16 Disclaimers & Limitation of Liability

16.1 Disclaimer of Warranties

The Services are provided "as is" and "as available." Except as expressly stated in these Terms, we make no warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted, secure, error-free, or meet your requirements. We do not warrant the accuracy of any data or output produced by the Services.

16.2 Limitation of Liability

To the maximum extent permitted by applicable law, our total aggregate liability to you under or in connection with these Terms — whether arising in contract, tort (including negligence), strict liability, or otherwise — is limited to the lesser of: (a) the total fees paid by you to Great POS in the three (3) months preceding the event giving rise to the claim; or (b) ten thousand Canadian dollars (CAD $10,000).

16.3 Excluded Damages

In no event will Great POS be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

16.4 Application

The limitations and exclusions in this Section apply regardless of the form of action, whether or not we are advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

17 Indemnification

You agree to indemnify, defend, and hold harmless Great POS, our affiliates, and our officers, directors, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Services
• Your breach of these Terms or any related agreement
• Your violation of any law, regulation, or Card Network Rule
• Your violation of any third party's rights, including intellectual property rights
• Your goods or services provided to Cardholders, including any disputes over quality, delivery, or refunds
• Any Chargeback, refund, fine, or fee assessed against your Account
• Any claim by a Cardholder, employee, or third party arising from your business operations

We will provide you with prompt notice of any claim subject to indemnification, and you will have the right to control the defense of any such claim using counsel reasonably acceptable to us. We may participate in the defense at our own expense. You may not settle any claim that imposes any liability or admission on Great POS without our prior written consent.

18 Modifications to Terms

We may update these Terms from time to time. When we make material changes, we will provide notice through your Merchant dashboard, by email to the address on file, or by posting an update notice on this page. The "Last updated" date at the top of these Terms will reflect the date of the most recent revision.

For changes that materially affect your rights or obligations, we will provide at least 30 days' advance notice. Your continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms. If you do not agree to a revised version, your sole remedy is to terminate your use of the Services in accordance with Section 15.

For fee changes specifically, we provide at least 90 days' written notice as required by the Code of Conduct for the Credit and Debit Card Industry in Canada, and you have cancellation rights as set out in Section 7.3.

19 Governing Law & Dispute Resolution

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19.2 Informal Resolution

If you have a dispute with us, we strongly encourage you to first contact us at legal@greatpos.com so we can attempt to resolve the matter informally. Most disputes can be resolved quickly and to mutual satisfaction through direct dialogue.

19.3 Jurisdiction

If informal resolution is unsuccessful, you agree that any dispute, controversy, or claim arising out of or relating to these Terms will be brought exclusively in the courts of the Province of Ontario located in Toronto, and you consent to the personal jurisdiction of those courts.

19.4 Code of Conduct Dispute Mechanisms

If your dispute relates to your Merchant Services Agreement and the Code of Conduct for the Credit and Debit Card Industry in Canada, you also have access to the complaint-handling and dispute-resolution mechanisms described in the Code, including escalation to the Financial Consumer Agency of Canada (FCAC) where appropriate. Nothing in this Section limits your rights under the Code.

20 Contact Information

If you have questions about these Terms or about our Services, please reach out to us using the channels below. We aim to respond to all written inquiries within one business day.

20.1 Mailing Address

Great POS
100 Dynamic Drive
Toronto, Ontario M1V 5C4
Canada

20.2 Email Addresses

General inquiries: support@greatpos.com
Billing questions: billing@greatpos.com
Legal & compliance: legal@greatpos.com
Security incidents: security@greatpos.com

20.3 Phone

Toll-free: (866) 667-1377
Hours: Monday–Friday 9 AM – 6 PM ET; Saturday 10 AM – 4 PM ET; 24/7 emergency line for active Merchants