These Terms of Service ("Terms") govern your access to and use of the Cut Merchant Costs POS platform, website, and related services (the "Service") operated by Cut Merchant Costs, LLC ("CMC," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of your business.

2. Service Description

CMC POS provides a point-of-sale platform including payment processing, inventory management, customer relationship management, marketing tools, website builder, and related business tools. The specific features available to you depend on your subscription plan.

3. Subscription and Payment

The Service requires a monthly subscription fee of $50/month. Subscriptions are billed monthly in advance. If you use the Standard plan (without Fee Saver), per-transaction processing fees apply as described on our pricing page. All fees are non-refundable except as required by law. We reserve the right to change pricing with 30 days' notice.

4. Fee Saver Program

The Fee Saver feature allows merchants to pass credit card processing costs to customers as a transparent surcharge. By enabling Fee Saver, you agree to comply with all applicable card network rules, state and local laws regarding surcharging, and CMC's Fee Saver guidelines. Fee Saver may not be available in all jurisdictions. CMC is responsible for configuring compliant surcharge rates but does not provide legal advice regarding surcharging in your specific location.

5. Payment Processing

Payment processing is provided through our payment processing partner(s). By using the Service, you agree to their terms of service and applicable card network rules. You are responsible for handling customer payment information in compliance with PCI DSS requirements. CMC is not liable for chargebacks, disputes, or fraud related to your transactions.

6. Acceptable Use

You agree to use the Service in compliance with all applicable laws and our Acceptable Use Policy. You may not use the Service for any illegal activity, to process transactions for prohibited businesses, or in any way that could damage, disable, or impair the Service.

7. Intellectual Property

The Service, including its design, features, and content, is owned by CMC and protected by intellectual property laws. You retain ownership of your business data, product information, and customer data. You grant CMC a limited license to use your data solely to provide and improve the Service.

8. Data and Privacy

Your use of the Service is subject to our Privacy Policy. You are responsible for complying with applicable data protection laws regarding the customer data you collect through the Service.

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will provide reasonable notice of planned maintenance when possible.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CMC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO CMC IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Termination

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. We may suspend or terminate your account for violation of these Terms with notice. Upon termination, your right to use the Service ceases, but we will provide reasonable access to export your data for 30 days.

12. Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. These Terms are governed by the laws of the state in which CMC is organized, without regard to conflict of law provisions.

13. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or through the Service at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms should be directed to legal@cutmerchantcosts.com or through our contact form.