Terms of Service

1. Acceptance of Terms

By accessing or using ElevatedPOS (“the Service”), operated by ElevatedPOS Pty Ltd (ABN 00 000 000 000) (“we”, “us”, or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must not use the Service.

2. Description of Service

ElevatedPOS is a cloud-based point-of-sale platform designed for Australian businesses. The Service includes web and mobile applications for managing sales, inventory, customers, staff, and connected hardware terminals.

3. Account Registration

To use the Service you must create an account. You agree to provide accurate, complete, and current information and to keep your credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately of any unauthorised use.

You must be at least 18 years old and have authority to bind any business entity on whose behalf you register.

4. Subscription Plans and Billing

Access to the Service requires a paid subscription. By selecting a plan and providing payment details, you authorise us to charge the applicable fees on a recurring basis (monthly or annually, as selected).

• All prices are in Australian dollars (AUD) and exclusive of GST unless stated otherwise.
• GST will be added where applicable under Australian law.
• Subscription fees are non-refundable except as required by Australian Consumer Law.
• We reserve the right to change pricing with 30 days’ written notice.
• Failed payments may result in suspension of access after reasonable notice.

5. Free Trial

Where a free trial is offered, it begins on the date of registration and ends on the date specified at signup. At the end of the trial your selected subscription plan will automatically commence and you will be charged unless you cancel before the trial expires.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable law
• Attempt to gain unauthorised access to any part of the Service or its infrastructure
• Transmit malicious code, spam, or disruptive content
• Reverse-engineer, decompile, or attempt to extract source code from the Service
• Resell or sublicense access to the Service without our written consent
• Use the Service to process transactions in violation of applicable payment network rules

7. Intellectual Property

The Service, including all software, designs, logos, and content, is owned by ElevatedPOS Pty Ltd or its licensors and is protected by Australian and international intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes only.

You retain ownership of all data you input into the Service. You grant us a limited licence to process that data solely to provide and improve the Service.

8. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Service you consent to such collection and use.

You are responsible for obtaining any necessary consents from your customers before processing their personal information through the Service.

9. Uptime and Support

We target 99.9% monthly uptime for core POS functions, excluding scheduled maintenance windows (notified in advance) and events beyond our reasonable control. Support is available via email and in-app chat during Australian business hours (AEST/AEDT), Monday to Friday.

10. Cancellation and Termination

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; you retain access until then.

We may suspend or terminate your account immediately if you materially breach these Terms, engage in fraud, or if required by law. Upon termination, we will retain your data for 30 days during which you may export it; thereafter it will be deleted or de-identified.

11. Limitation of Liability

To the maximum extent permitted by law, ElevatedPOS Pty Ltd is not liable for any indirect, incidental, consequential, or punitive damages arising from your use of, or inability to use, the Service. Our total aggregate liability to you in respect of any claim is limited to the fees paid by you in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

12. Indemnification

You agree to indemnify and hold harmless ElevatedPOS Pty Ltd, its officers, directors, employees, and agents from any claims, losses, or damages (including legal costs) arising from your use of the Service, your breach of these Terms, or your violation of any third-party rights.

13. Changes to the Service and Terms

We may modify the Service or these Terms at any time. For material changes to Terms, we will provide at least 14 days’ notice by email or in-app notification. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising under or in connection with these Terms.

15. Contact

Questions about these Terms should be directed to: