Terms & Conditions

1. Eligibility

1.1 Age

The Website and Services are intended for use by individuals who are at least 18 years old. By using the Website or Services, you represent and warrant that you are at least 18 years of age.

1.2 Business Use

The Services are primarily intended for use by salons and other small businesses (“Merchants”) to manage appointments, customers, queues, and point-of-sale activity. If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and that “you” and “your” in these Terms refer to both you and that entity.

2. Accounts and Registration

2.1 Account Creation

To access certain features of the Services (for example, salon dashboards, configuration, or staff tools), you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials (including usernames and passwords) and for all activities that occur under your account. You agree to promptly notify AuraPOS LLC at support@mvincepos.com of any unauthorized use of your account or any other breach of security.

2.3 Account Types

Accounts may be created for:

• Merchants (salon owners and administrators); and
• Authorized staff members (such as technicians, receptionists, or managers).

AuraPOS LLC may limit the number of accounts associated with a given Merchant or limit access to certain features based on your subscription or plan.

3. Use of the Services

3.1 License

Subject to these Terms and any applicable order or subscription agreement, AuraPOS LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes (if you are a Merchant) or for your personal use in interacting with a Merchant that uses AuraPOS (if you are a salon customer).

3.2 Acceptable Use

You agree that you will not:

• Use the Services for any unlawful, harmful, fraudulent, or abusive purpose.
• Use the Services to send spam, unsolicited messages, or messages that violate applicable laws (including telemarketing and anti-spam laws).
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services.
• Interfere with or disrupt the operation of the Services or servers or networks used to make the Services available.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services, except to the extent permitted by applicable law.
• Use any automated means (such as robots, spiders, or scrapers) to access or use the Services without our prior written consent.
• Use the Services to store or transmit any material that is infringing, defamatory, obscene, or otherwise objectionable.

AuraPOS LLC reserves the right to suspend or terminate your access to the Services for any violation of these Terms.

3.3 No Medical, Legal, or Professional Advice

The Services are intended to help salons manage appointments, queues, and related business operations. The Services do not provide medical, legal, financial, or other professional advice, and you should not rely on the Services for such purposes.

4. Merchant and Customer Data

4.1 Merchant Data

Merchants may input, upload, or otherwise make available information to the Services, including business details, staff information, customer lists, appointments, service history, pricing, and other related data (“Merchant Data”).

4.2 Customer Data

Merchants may collect Personal Information relating to their customers through the Services, such as names, phone numbers, email addresses, appointment details, and service history (“Customer Data”). Merchants are solely responsible for ensuring that their collection and use of Customer Data complies with applicable laws, including obtaining any necessary consents and providing required notices.

4.3 AuraPOS LLC’s Role

With respect to Customer Data, AuraPOS LLC generally acts as a service provider or processor on behalf of the Merchant. AuraPOS LLC will process Customer Data in accordance with these Terms, any applicable agreements with the Merchant, and AuraPOS LLC’s Privacy Policy.

4.4 Data Protection

For more information on how we collect, use, and safeguard Personal Information, please refer to our Privacy Policy, which is incorporated by reference into these Terms.

5. SMS, Email, and Communications

5.1 SMS Program

AuraPOS LLC and Merchants may use the Services to send SMS (text) messages to customers and users, including:

• Appointment confirmations and reminders;
• Same-day or upcoming appointment updates;
• Check-in and queue/waitlist status updates;
• Account-related alerts and verification;
• Marketing messages, promotional discounts, and special offers (where permitted by law and with appropriate consent).

By providing your mobile phone number to a Merchant using AuraPOS or directly to AuraPOS LLC, you consent to receive SMS messages related to the applicable use case. Message frequency may vary. Standard message and data rates may apply.

5.2 SMS Consent and Responsibilities

Merchants are responsible for ensuring that they obtain appropriate consent from their customers before sending SMS messages using the Services, and for complying with all applicable laws and regulations, including those governing telemarketing, text messaging, and consent.

5.3 Opt-Out (STOP) and Help (HELP)

You may opt out of marketing and promotional SMS messages at any time by following the instructions in the message or by replying with any of the following commands: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT.

After you send one of these commands, you will receive a confirmation message and your opt-out request will be honored for that program. You may still receive non-marketing, service-related messages (such as appointment confirmations or security alerts) as allowed by law.

If you need help regarding SMS messages, you may reply HELP to any message or contact AuraPOS LLC at:

• Email: support@mvincepos.com
• Phone: (304) 356-6795

AuraPOS LLC does not sell your phone number or share your SMS opt-in consent with third parties for their own independent SMS marketing programs.

5.4 Email and Other Communications

AuraPOS LLC may send you communications via email or in-app notifications related to:

• Your account and use of the Services;
• Service updates, maintenance, and security notices;
• Marketing and promotional content (where permitted by law and with appropriate consent).

You may opt out of marketing emails by using the “unsubscribe” link in the email or by contacting AuraPOS LLC at support@mvincepos.com. You may still receive non-marketing, service-related communications.

6. Fees, Payments, and Subscriptions

6.1 Fees

Certain features or uses of the Services may require payment of fees (for example, subscription fees for Merchants). The specific fees and payment terms will be described in a separate order form, pricing page, or subscription agreement (each, an “Order”).

6.2 Billing

If you purchase a subscription or paid feature, you authorize AuraPOS LLC (or its payment processor) to charge you the applicable fees, plus any applicable taxes, using the payment method you provide. You represent and warrant that you are authorized to use the payment method you provide.

6.3 Renewals

Unless otherwise specified in the applicable Order, subscriptions may automatically renew at the end of the applicable term at the then-current rates. You may cancel your subscription as described in your Order or by contacting AuraPOS LLC, subject to any applicable notice periods.

6.4 No Refunds

Except as required by law or as expressly stated in an Order, all fees are non-refundable.

6.5 Third-Party Payment Processors

AuraPOS LLC may rely on third-party payment processors to process payments. Your use of such processors may be subject to their terms and privacy policies. AuraPOS LLC is not responsible for errors or losses caused by such third-party payment processors.

7. Third-Party Services and Links

7.1 Third-Party Services

The Services may enable or require integration with third-party services, such as payment processors, messaging providers, or other tools. Your use of third-party services is subject to the terms and conditions and privacy policies of those third parties, and AuraPOS LLC is not responsible for such third-party services.

7.2 Links

The Website or Services may contain links to external websites or resources. AuraPOS LLC is not responsible or liable for the content, products, or services available via such websites or resources, and you access them at your own risk.

8. Intellectual Property

8.1 AuraPOS Materials

The Services, including all software, code, text, graphics, logos, trademarks, designs, and other content provided by AuraPOS LLC (“AuraPOS Materials”), are owned by AuraPOS LLC or its licensors and are protected by copyright, trademark, and other laws.

8.2 Limited License

AuraPOS LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the AuraPOS Materials solely in connection with your authorized use of the Services and subject to these Terms. You do not obtain any ownership rights in the AuraPOS Materials.

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the AuraPOS Materials;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• Use any AuraPOS trademarks, logos, or brand elements without AuraPOS LLC’s prior written consent.

8.4 Feedback

If you provide AuraPOS LLC with suggestions, ideas, or other feedback about the Services (“Feedback”), you agree that AuraPOS LLC may use such Feedback without any restriction or compensation to you, and you hereby assign all rights in such Feedback to AuraPOS LLC.

9. Confidentiality

9.1 Non-Public Information

In the course of using the Services, you may receive or have access to non-public information relating to AuraPOS LLC, Merchants, customers, or other users (“Confidential Information”). You agree to keep all such Confidential Information confidential and not to disclose it to any third party or use it for any purpose other than as necessary to use the Services as intended.

9.2 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of your own;
• Was lawfully known to you prior to receipt;
• Is independently developed by you without use of the Confidential Information; or
• Is required to be disclosed by law, regulation, or court order (provided that you give AuraPOS LLC prompt notice and cooperate in any efforts to limit such disclosure).

10. Term and Termination

10.1 Term

These Terms remain in effect while you access or use the Website or Services.

10.2 Termination by You

You may stop using the Services at any time. If you are a Merchant, you may terminate your subscription as described in your Order or by contacting AuraPOS LLC, subject to any applicable notice periods.

10.3 Termination or Suspension by AuraPOS LLC

AuraPOS LLC may, at its sole discretion and without liability, suspend or terminate your access to the Services or your account, in whole or in part, if:

• You violate these Terms or any applicable law or regulation;
• Your use of the Services creates risk or potential legal exposure for AuraPOS LLC or others;
• AuraPOS LLC discontinues some or all of the Services; or
• For any other reason, upon reasonable notice where practical.

10.4 Effect of Termination

Upon termination of your account or the Services:

• Your right to access and use the Services will immediately cease;
• AuraPOS LLC may, but is not obligated to, delete or disable access to your account and any associated data, subject to AuraPOS LLC’s data retention practices and applicable law;
• Sections that by their nature should survive termination (such as those relating to intellectual property, confidentiality, disclaimers, limitations of liability, and governing law) will continue to apply.

11. Disclaimers

11.1 “As Is” Basis

The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

11.2 No Warranties

To the maximum extent permitted by law, AuraPOS LLC expressly disclaims all warranties, including:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties arising from course of dealing or usage of trade;
• Warranties that the Services will be uninterrupted, secure, or error-free;
• Warranties that any defects will be corrected;
• Warranties as to the accuracy, completeness, or reliability of any content.

11.3 Use at Your Own Risk

You use the Website and Services at your own risk. AuraPOS LLC is not responsible for any actions taken by Merchants, customers, or other users based on information or features provided through the Services.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

12.1 Exclusion of Certain Damages

To the maximum extent permitted by law, AuraPOS LLC and its officers, directors, employees, agents, partners, and licensors will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, goodwill, data, or other intangible losses, arising out of or relating to:

• Your access to or use of, or inability to access or use, the Website or Services;
• Any conduct or content of any user or third party;
• Any content obtained from the Services;
• Unauthorized access, use, or alteration of your transmissions or data.

12.2 Cap on Liability

To the maximum extent permitted by law, AuraPOS LLC’s total liability for all claims arising out of or relating to these Terms or the Services will not exceed the greater of:

• The amount you paid to AuraPOS LLC for the Services during the 3-month period prior to the event giving rise to the claim; or
• One hundred U.S. dollars (US $100).

12.3 Basis of the Bargain

The limitations of liability set forth in this Section are a fundamental basis of the bargain between you and AuraPOS LLC.

Some jurisdictions do not allow limitations on liability, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless AuraPOS LLC and its officers, directors, employees, agents, partners, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Website or Services;
• Your violation of these Terms or any applicable law or regulation;
• Your infringement of any third-party right, including any intellectual property or privacy right;
• Any dispute between you and a Merchant, customer, or other third party.

AuraPOS LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate in asserting any available defenses.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

14.2 Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Colorado, and you hereby consent to the jurisdiction and venue of such courts.

14.3 Jury Trial Waiver

To the maximum extent permitted by law, you and AuraPOS LLC waive any right to a trial by jury in any legal proceeding arising out of or related to these Terms or the Services.

(You may wish to consult with legal counsel regarding arbitration clauses or other dispute resolution mechanisms.)

15. Changes to the Services and Terms

15.1 Changes to the Services

AuraPOS LLC may modify, suspend, or discontinue any part of the Website or Services at any time, with or without notice, including the availability of any feature, content, or functionality.

15.2 Changes to the Terms

AuraPOS LLC may update these Terms from time to time. When we do, we will update the “Last Updated” date at the top of this page and may provide additional notice as required by law. Your continued use of the Website or Services after any such changes become effective constitutes your acceptance of the new Terms.

If you do not agree to the updated Terms, you must stop using the Website and Services.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with any applicable Order and our Privacy Policy, constitute the entire agreement between you and AuraPOS LLC regarding the Website and Services and supersede any prior agreements or understandings.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

16.3 No Waiver

AuraPOS LLC’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without AuraPOS LLC’s prior written consent. AuraPOS LLC may assign or transfer these Terms without restriction.

16.5 Headings

Section headings are for convenience only and have no legal or contractual effect.

16.6 Contact

If you have any questions about these Terms or the Services, you may contact us at: