Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") form a binding legal agreement between you ("you," "user," or "subscriber") and Danish Kumar, operating as FoodTruck POS ("FoodTruck POS," "we," "us," or "our"), located in Edmonton, Alberta, Canada.

By accessing or using FoodTruck POS at foodtruckpos.app, the iOS app, or the Android app (collectively, the "Service"), you confirm that:

• You have read, understood, and agree to these Terms in full
• You are at least 18 years of age
• You have the legal authority to enter into this agreement on behalf of yourself or the business entity you represent
• You are using the Service for lawful business purposes only and not for personal, family, or household use
• If you accept these Terms on behalf of a company or legal entity, you represent that you have authority to bind that entity

These Terms apply to all users of the Service including free trial users, paying subscribers, and any person who accesses any part of the Service. If you do not meet these requirements, you must not use the Service.

Description of Service

FoodTruck POS is a cloud based point of sale (POS) software platform designed specifically for food truck operators. The Service enables you to manage orders, track sales, organize your menu, monitor your kitchen display, run end of day reports, and operate your food truck business more efficiently.

The Service is available on:

• iPad via the FoodTruck POS iOS app
• Android tablet via the FoodTruck POS Android app
• Web browser via the FoodTruck POS business dashboard

Features available to you depend on your active subscription tier. We reserve the right to modify, add, or remove features at any time. We will communicate material changes in advance where reasonably practical.

The Service requires an active internet connection to synchronize data between devices and our cloud systems. FoodTruck POS is not responsible for data loss or sync failures resulting from connectivity issues on your end.

Subscription and Billing

3.1 Subscription Tiers

FoodTruck POS offers the following subscription plans, billed in Canadian dollars (CAD):

All prices are in Canadian dollars. Applicable taxes (GST, HST, or PST) may be added depending on your province of registration.

3.2 Free Trial

New accounts receive a 14 day free trial with full access to Professional tier features. No credit card is required to start your trial. At the end of the trial period, your account transitions to the Starter plan if you do not select a paid plan. If you choose not to continue, your data is retained for 90 days in a read only state before permanent deletion per Section 4.

3.3 Billing and Auto Renewal

• Subscriptions are billed monthly on the anniversary of your first payment date
• All subscriptions automatically renew each month unless cancelled before the renewal date
• All payments are processed by Stripe. We do not store your credit card number or banking details on our systems
• By providing a payment method, you authorize us to charge that method for your subscription on a recurring monthly basis
• If a payment fails, we will retry up to three times over seven days. Unresolved payment failure may result in account suspension
• A suspended account retains your data but restricts active use until payment is resolved

3.4 Price Changes

We may change subscription prices at any time. We will provide at least 30 days written notice of any price increase by email to your registered address. Continued use of the Service after the new pricing takes effect constitutes acceptance. If you do not agree, you may cancel before the new price takes effect.

3.5 Refund Policy

Approved refunds are returned to the original payment method and may take 5 to 10 business days to appear depending on your financial institution.

Cancellation

You may cancel your subscription at any time with no cancellation fees by visiting Settings then Billing in your account and following the cancellation steps.

• Cancellation takes effect at the end of your current billing period. You retain full access until that date
• No partial month refunds are issued on cancellation
• There are no cancellation fees, penalties, or minimum commitment periods
• After cancellation, your account enters a 90 day data retention window. You may log in to export your data during this period
• After 90 days from the effective cancellation date, your account and all associated data are permanently and irreversibly deleted
• Permanent deletion cannot be reversed. FoodTruck POS cannot recover deleted data

To request immediate data deletion before the 90 day period, email foodtruckposapp@outlook.com. Immediate deletion requests are processed within 14 business days.

Data and Privacy

Our full data collection and processing practices are described in our Privacy Policy, which is incorporated into these Terms by reference. The summary below covers your key data rights.

5.1 Data Ownership

You own your business data. FoodTruck POS does not claim ownership over your orders, menu items, customer information, financial records, or any other content you create in the Service. You grant FoodTruck POS a limited, nonexclusive, royalty free license to store, process, and transmit your data solely as necessary to provide the Service to you.

5.2 No Data Sales

We do not sell, rent, trade, or transfer your personal or business data to third parties for commercial purposes. Data is shared with service providers only as necessary to operate the platform. See our Privacy Policy for the full list of providers.

5.3 Data Export

You may request a full export of your data at any time by emailing foodtruckposapp@outlook.com. We will deliver your data in CSV or JSON format within 14 business days at no charge.

5.4 PIPEDA Compliance

FoodTruck POS complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. You have the right to access, correct, and request deletion of personal information we hold about you. Refer to our Privacy Policy for details on exercising these rights.

Twilio SMS Integration (Enterprise Plan)

Enterprise subscribers may connect a Twilio account to enable SMS notifications to customers. The following additional terms apply to all users of the SMS integration.

6.1 Your Own Twilio Account

SMS functionality requires you to supply your own Twilio account credentials. FoodTruck POS provides the integration interface only. You are solely responsible for creating and maintaining your Twilio account and for complying with Twilio's own terms of service and acceptable use policies.

6.2 Costs

You are solely responsible for all charges on your Twilio account including per message fees and phone number costs. FoodTruck POS is not a party to your Twilio billing relationship and has no liability for any Twilio charges.

6.3 SMS Delivery

FoodTruck POS is not responsible for SMS delivery failures, delays, or errors. Delivery depends on Twilio's infrastructure, mobile carrier networks, and recipient device availability, none of which are within our control.

6.4 CASL Compliance

• You must obtain valid express or implied consent from each recipient before sending commercial SMS messages
• You must provide a clear and easy mechanism for recipients to opt out
• You must honor opt out requests within 10 business days as required by CASL
• You must maintain records of consent in case of regulatory inquiry
• FoodTruck POS is not responsible for any CASL violations you commit while using the SMS integration
• You agree to indemnify and hold FoodTruck POS harmless from any claims, fines, or penalties arising from your CASL non compliance

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. The following uses are expressly prohibited:

• Using the Service for any illegal activity or in violation of any applicable federal, provincial, or local law or regulation
• Reselling, sublicensing, or white labeling the Service to third parties without prior written permission from FoodTruck POS
• Allowing multiple unrelated businesses to share a single account without an Enterprise plan
• Reverse engineering, decompiling, or otherwise attempting to derive the source code of the Service
• Automated scraping, crawling, or bulk data extraction from the Service without written consent
• Uploading or transmitting malicious code, viruses, or harmful content
• Attempting to gain unauthorized access to our systems or other users' accounts
• Using the Service to store or transmit infringing, defamatory, or otherwise unlawful content
• Using the Service in a way that could overburden, damage, or impair our infrastructure

Violations may result in immediate suspension or termination. See our Acceptable Use Policy for full detail.

Uptime and Availability

FoodTruck POS targets 99.5% monthly uptime, excluding scheduled maintenance. This is an aspirational target and does not constitute a guarantee or a formal service level agreement.

• We will make reasonable efforts to notify you of scheduled maintenance windows via email or in app notification in advance
• Unplanned outages may occur due to software defects, infrastructure failures, third party service disruptions, or events outside our control
• We are not liable for lost sales, lost revenue, or business losses resulting from downtime of any kind
• We are not liable for data loss that occurs during a service outage

We do not offer credits, refunds, or compensation for downtime or performance degradation unless required by applicable law.

Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by applicable law, FoodTruck POS's total aggregate liability to you for any and all claims arising from or related to the Service shall not exceed the greater of: (a) the total subscription fees you paid to FoodTruck POS in the three months immediately before the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

9.2 Excluded Damages

FoodTruck POS is not liable under any theory of law for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits or revenue
• Loss of sales or missed business opportunities
• Loss or corruption of data
• Business interruption or downtime losses
• Cost of procuring substitute services
• Reputational harm

These exclusions apply even if FoodTruck POS has been advised of the possibility of such damages and even if the remedy fails its essential purpose.

9.3 Third Party Services

We are not liable for failures, outages, errors, or security breaches caused by third party service providers including Stripe, Twilio, Resend, Neon, Render, Cloudflare, Vercel, or any other third party. Your use of third party services is subject to their own terms and policies.

9.4 As Is Service

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be error free, uninterrupted, secure, or that defects will be corrected. You assume all risk of using the Service to operate your business.

Intellectual Property

10.1 Our Property

FoodTruck POS and its licensors own all right, title, and interest in the Service, including all software, source code, algorithms, databases, user interface designs, branding, trademarks, trade names, and logos. These Terms grant you no ownership rights in the Service. The FoodTruck POS name and logo are trademarks of Danish Kumar and may not be used without prior written permission.

10.2 Your Data

You retain full ownership of your business data including orders, customer information, menu data, and financial records. You grant FoodTruck POS a limited, worldwide, nonexclusive, royalty free license to access, store, process, display, and transmit your data solely as required to operate, maintain, and improve the Service for your benefit. This license ends when your data is deleted per Section 4.

10.3 Feedback

If you submit feedback, suggestions, or feature ideas to FoodTruck POS, you grant us an irrevocable, worldwide, royalty free license to use and incorporate that feedback into the Service without any obligation to compensate you.

Termination

11.1 Termination by You

You may close your account at any time by cancelling your subscription in account Settings and, if desired, requesting deletion by emailing foodtruckposapp@outlook.com.

11.2 Termination by FoodTruck POS

We may suspend or terminate your account:

• For material breach of these Terms, with 14 days written notice to cure where the breach is curable
• Immediately and without notice for illegal activity, fraud, abuse, or conduct that poses a risk to other users or our infrastructure
• For nonpayment after a reasonable cure period
• If we discontinue the Service entirely, with at least 60 days advance notice and a full data export opportunity

11.3 Effect of Termination

Upon termination: your right to use the Service immediately ceases; we may delete your data after the applicable retention period; all provisions that by their nature should survive termination will survive, including intellectual property, limitation of liability, and governing law sections.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of these Terms or the Service that cannot be resolved informally shall be resolved exclusively in the courts of Edmonton, Alberta, Canada. You irrevocably consent to the personal jurisdiction of such courts.

Before commencing any formal legal proceeding, you agree to contact us at foodtruckposapp@outlook.com and allow 30 days to attempt informal resolution.

Changes to These Terms

We reserve the right to modify these Terms at any time. The type of notice depends on the nature of the change:

• Material changes (pricing, liability limits, data rights, governing law) will be communicated at least 30 days in advance by email to your registered address
• Minor or administrative changes may be made without advance notice but will be reflected in the "Last updated" date at the top of this page
• Continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms
• If you do not agree to revised Terms, you must stop using the Service and cancel your subscription before the changes take effect

The current version of these Terms is always available at foodtruckpos.app/terms.html.

Contact

For questions about these Terms, billing, data requests, or to report a policy violation:

We aim to respond to all inquiries within 2 business days.