AB GO CONTACTLESS ORDERING AND
AB GO ONLINE ORDERING
TERMS OF SERVICE
AB GO is a proprietary platform and brand owned and operated by AB POS Solutions, Inc. These Terms apply exclusively to AB GO Contactless Ordering, AB GO Online Ordering, Order & Pay at the Table, Scan to Pay, and related native AB GO services. They do not serve as the general terms for orders originating through independent third-party ordering providers.
1. Agreement and Acceptance
These Terms of Service (the "Terms") form a legally binding agreement between you and AB POS Solutions, Inc., a Maryland corporation ("AB POS," "we," "us," or "our"). AB POS owns and operates AB GO, its proprietary contactless and online ordering platform. "AB GO" is a product and service name of AB POS and is not a separate legal entity.
These Terms govern your access to and use of the native AB GO consumer-ordering services, including AB GO websites, mobile applications, merchant-branded AB GO ordering pages, QR-code and contactless ordering, AB GO Online Ordering, Order & Pay at the Table, Scan to Pay, pickup or delivery ordering, loyalty functionality, and related software, features, content, support, and services (collectively, the "AB GO Services" or "Services").
These Terms do not govern an order merely because the order is later transmitted to, displayed by, or processed through an AB POS or NUV POS system. Orders initiated through Grubhub, Uber Eats, DoorDash, or another independent online-ordering marketplace, delivery platform, or third-party provider ("Third-Party Online Ordering Provider") are outside the scope of these Terms except to the limited extent that a specific AB GO feature is separately used. Such orders may be governed by separate AB POS integration terms, the applicable Merchant Agreement, and the consumer terms and privacy policies of the originating provider.
By accessing or using the Services, creating an account, or submitting an order, you accept these Terms and any policies expressly incorporated by reference, including the AB GO privacy notice applicable to the Services (the "Privacy Notice"). If you do not agree, do not use the Services.
1.1 Corporate Identity and Contracting Capacity
AB POS Solutions, Inc. is the contracting party responsible for operating the AB GO technology platform. References to "AB GO" describe the platform, product family, user experience, or brand through which Services are delivered; they do not identify a separate corporation, partnership, joint venture, or legal person. All contractual rights granted to AB GO and all protections, licenses, limitations, and remedies stated in favor of AB GO belong to and may be exercised by AB POS Solutions, Inc. and, where the context requires, its lawful affiliates, licensors, contractors, and service providers.
These Terms govern the relationship between AB POS and a Guest using the consumer-facing Services. They do not replace the separate agreement between AB POS and a Merchant, the Merchant's agreement with its payment processor, a cardholder agreement, or the terms of a delivery provider. If different agreements apply to the same transaction, each agreement governs the party and subject matter assigned to it. No Guest is bound by a Merchant Agreement merely by using AB GO.
1.2 Electronic Contract Formation and Records
Your affirmative selection of an acceptance control, creation of an account, submission of an Order, use of a Payment Method, or continued use after legally sufficient notice may constitute an electronic signature and acceptance of these Terms. You consent to receive these Terms, Order confirmations, receipts, policies, notices, and other records electronically. You may retain a copy by printing or saving the applicable record. Electronic records will not be denied effect solely because they are electronic, subject to mandatory requirements governing consumer disclosures.
You are responsible for maintaining a device, internet connection, supported browser or application, and software capable of displaying and retaining electronic records. If Applicable Law requires a specific consent or disclosure before a record may be delivered electronically, that specific requirement controls.
1.3 Separation from Third-Party Online Ordering Services
For clarity, AB GO Online Ordering means the native online-ordering experience owned or operated by AB POS under the AB GO brand. It does not mean every online Order that may enter an AB POS, NUV POS, KDS, reporting, or administrative system. The technical destination of an Order does not determine which consumer terms govern its origination.
An Order initiated within a Third-Party Online Ordering Provider's website, application, marketplace, or embedded experience remains a third-party-originated order even if AB POS technology later receives, normalizes, routes, displays, prints, acknowledges, or reports that Order. The originating provider's consumer terms ordinarily govern the consumer's use of that provider. Separate AB POS terms may govern the integration, transmission, or handling performed by AB POS. No reference in this document to AB GO Online Ordering should be interpreted as incorporating all third-party online-ordering services into the AB GO consumer platform.
2. Important Arbitration and Class Action Notice
PLEASE READ SECTION 27 CAREFULLY. EXCEPT FOR LIMITED EXCEPTIONS, IT REQUIRES INDIVIDUAL BINDING ARBITRATION, WAIVES THE RIGHT TO A JURY TRIAL, AND PROHIBITS CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS.
3. Eligibility and Geographic Availability
You must be at least eighteen (18) years old and legally capable of entering into a contract to use the Services. If you use the Services for an entity, you represent that you have authority to bind that entity. Certain products, including alcoholic beverages, may require a higher minimum age. Unless AB POS expressly states otherwise, the Services are offered only in the United States. The Services are not intended for use where their operation would violate applicable law.
4. Definitions
"Guest" means an individual who accesses or uses the Services. "Merchant" means an independently owned business that uses the Services to offer products or services. "Order" or "Purchase" means a request submitted to a Merchant through the Services. "Payment Method" means an eligible card, wallet, or other payment method. "Payment Transaction" means the authorization, charge, refund, reversal, adjustment, or other payment activity associated with a Purchase. "Applicable Law" means all laws, regulations, card-network rules, and legally binding governmental requirements applicable to the relevant activity.
5. Role of AB POS and AB GO
AB POS provides technology that enables Guests to interact and transact with Merchants. Unless expressly stated otherwise, the Merchant not AB POS or AB GO is the seller and provider of all food, beverages, merchandise, delivery, and other products or services. Each Purchase is a transaction between the Guest and the Merchant.
AB POS may transmit transaction information to the Merchant's payment processor, acquiring bank, payment network, or other service provider. Payment processing, authorization, funding, and settlement may be performed by independent third parties. AB POS does not become the seller merely because the Services facilitate an Order or Payment Transaction. Nothing in these Terms makes AB POS a bank, money transmitter, food establishment, delivery carrier, or alcoholic-beverage retailer.
5.1 Technology Intermediary; Allocation of Legal Roles
AB POS's principal role is to provide software infrastructure that may display Merchant information, transmit an Order, route status messages, facilitate communication, and connect a Payment Transaction to the Merchant's selected payment environment. AB POS does not manufacture, prepare, package, own, store, inspect, transport, or deliver Merchant products unless AB POS expressly agrees in a separate written instrument to perform a specific function.
The use of terms such as "facilitate," "process," "submit," or "receive" in a technical description does not by itself make AB POS the merchant of record, seller, payment institution, fiduciary, escrow agent, common carrier, or delivery employer. The actual allocation of those roles depends on the transaction configuration, processor records, Merchant disclosures, and Applicable Law.
5.2 Independent Merchants and Service Providers
Merchants and third-party providers are independent businesses. They are not employees, agents, franchisees, joint venturers, or legal representatives of AB POS merely because they use, integrate with, appear on, or receive data through AB GO. No Merchant or third party has authority to bind AB POS, make a warranty on its behalf, modify these Terms, or create an obligation for AB POS without written authorization from an officer of AB POS.
6. Merchant Responsibilities
Each Merchant is solely responsible for its business operations; menus and product descriptions; prices, taxes, fees, gratuities, discounts, and availability; order acceptance and fulfillment; food preparation and safety; allergen and dietary information; packaging; pickup and delivery; refunds and cancellations; required licenses and permits; and compliance with Applicable Law. Questions or complaints about a Purchase or a Merchant's products must be directed to the Merchant. AB POS remains responsible for obligations that Applicable Law does not permit it to disclaim.
7. Accounts and Guest Checkout
You may be permitted to order as a guest or create an AB GO account. You must provide accurate, current, and complete information and keep it updated. If the same email address or mobile number is used across participating AB GO features, the Services may associate those activities with one account where permitted by the Privacy Notice.
You are responsible for maintaining the confidentiality of your credentials and for activity conducted through your account, except to the extent caused by AB POS or otherwise prohibited by law. Notify AB POS promptly at info@abpos.com if you suspect unauthorized account access. AB POS may require verification, reject registration, or suspend an account for security, fraud-prevention, legal, or operational reasons.
8. Contactless and Online Ordering
The Services may allow you to browse a Merchant's offerings, place Orders remotely or at the Merchant's premises, open or add to a check, request pickup or delivery, and pay using a compatible device. Submission of an Order is an offer to purchase and does not guarantee acceptance. A Merchant may accept, reject, modify with your approval, or cancel an Order because of availability, pricing errors, closing time, suspected fraud, legal restrictions, or other legitimate reasons.
For an open check or pay-at-table experience, the Services may request a preauthorization. You authorize the final amount presented or otherwise properly disclosed, including approved additions, taxes, fees, and gratuity. A temporary authorization hold may reduce available funds until released by the issuer.
8.1 Order Formation and Acceptance
Product displays, menus, availability, and estimated times are invitations to submit an Order and not binding offers by AB POS. A legally binding Purchase with the Merchant is formed only when the Merchant accepts the Order or otherwise begins performance in a manner recognized by Applicable Law. An automated acknowledgment that an Order was received does not necessarily mean the Merchant accepted it.
If the Merchant proposes a substitution, price change, or material modification, the change will require any consent mandated by law or the applicable ordering workflow. AB POS may transmit the Merchant's decision but is not responsible for the Merchant's independent acceptance, rejection, preparation, or fulfillment decision.
8.2 Order Status, Confirmations, and System Records
Order status messages may include received, pending, accepted, rejected, in preparation, ready, completed, canceled, or refunded. A status is informational and may be delayed by connectivity, device, integration, or third-party conditions. The Merchant's operational records and the processor's transaction records may supplement AB POS records.
To the extent permitted by law, AB POS may maintain electronic logs showing account activity, device and network information, timestamps, Order payloads, status events, consent events, communications, and Payment Transaction references. These records may be used for customer support, reconciliation, security, fraud prevention, auditing, enforcement, and dispute resolution. A record is not conclusive where credible evidence demonstrates an error.
9. Mobile Application License
Subject to these Terms, AB POS grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the AB GO mobile application on a compatible device you own or control.. You are responsible for device, internet, and carrier charges. AB POS does not guarantee compatibility with every device or operating system. App-store terms may also apply.
10. Orders, Prices, Taxes, Fees, and Tips
The Merchant determines product availability and the amounts displayed for its Purchases. Before final submission, the Services will display the amount then known to be payable, including applicable taxes, disclosed fees, and any selected gratuity. Prices and availability may change before an Order is accepted. If a material pricing error is discovered, the Merchant or AB POS may cancel the affected item or Order and arrange an appropriate refund. AB POS may introduce service fees in the future only when disclosed before completion of the applicable Purchase.
10.1 Commercial Disclosures and Pricing Authority
The Merchant is responsible for identifying the products offered and for configuring prices, taxes, mandatory charges, optional charges, minimum-order requirements, service areas, and fulfillment restrictions. AB POS may calculate or display amounts using the Merchant's configuration and third-party tax or delivery data, but such display does not transfer the Merchant's legal responsibility for the underlying charge.
A gratuity is voluntary unless a mandatory service charge is clearly disclosed before submission. The Merchant is responsible for describing the nature and distribution of mandatory charges as required by law. AB POS may correct an obvious computational or display error before settlement, but no correction may be used to impose an undisclosed material charge.
11. Payment Authorization
By submitting a Payment Method, you represent that you are authorized to use it and authorize the Merchant, AB POS acting as the Merchant's limited technology agent, and applicable payment providers to submit the Payment Transaction for the total disclosed amount and to process any related authorization, capture, refund, reversal, chargeback, or adjustment. Your cardholder or account agreement also governs your Payment Method.
A Payment Transaction may be declined, delayed, held, reversed, or canceled when directed by the Merchant or payment provider, when required by law, or when reasonably believed to be invalid, unauthorized, fraudulent, or inconsistent with these Terms. AB POS will not knowingly resubmit a declined transaction except as permitted by Applicable Law and payment-network rules.
11.1 Payment Processing, Funding, and Settlement
Payment authorization is not final settlement and does not guarantee that a transaction will be funded. The issuer, payment network, processor, acquiring bank, sponsor bank, digital wallet provider, or other financial-services participant may apply its own rules, holds, limits, reversals, and security procedures. AB POS does not control issuer approval decisions or the time required for a hold, refund, reversal, chargeback, or credit to appear.
Unless expressly disclosed for a particular program, AB POS does not hold Guest funds for investment, accept deposits, or guarantee Merchant obligations. Settlement to the Merchant, processor reserves, chargebacks, and Merchant funding are governed by agreements to which the Guest ordinarily is not a party.
11.2 Fraud Prevention and Transaction Controls
AB POS and participating providers may use automated and manual controls to evaluate device signals, account history, velocity, location indicators, transaction patterns, authentication results, and other risk information. They may request additional verification or decline, delay, restrict, or refer activity for review when reasonably necessary to protect Guests, Merchants, AB POS, or the payment ecosystem.
Risk controls reduce but do not eliminate fraud, identity theft, account takeover, unauthorized use, or payment disputes. You must not attempt to evade transaction limits, verification controls, sanctions screening, geolocation restrictions, or other safeguards. AB POS may cooperate with Merchants, processors, networks, financial institutions, law enforcement, and regulators as permitted or required by law.
12. Stored Payment Methods
If you elect to store a Payment Method, payment credentials may be tokenized and maintained by a qualified payment provider rather than stored directly by AB POS. You authorize participating providers to receive updated card information made available through payment-network account-updater services. You may remove a stored Payment Method through available account controls, subject to pending transactions and lawful retention requirements.
13. Order Changes, Cancellations, Refunds, and Chargebacks
Merchant cancellation and refund policies apply to Purchases. After submission, contact the Merchant promptly to request a change, cancellation, or refund. AB POS cannot guarantee that a Merchant will approve a request. Approved refunds are returned to the original Payment Method when practicable and may take time to appear based on the payment provider or issuer.
You should first attempt to resolve a Purchase issue with the Merchant. Nothing in these Terms limits lawful chargeback or consumer rights. Filing a chargeback does not independently cancel an Order or eliminate obligations for products or services properly received.
13.1 Responsibility for Adjustments and Reconciliation
The Merchant determines whether a completed or accepted Purchase qualifies for cancellation, replacement, store credit, or refund, subject to Applicable Law and the policy disclosed at the time of purchase. AB POS may provide the technical mechanism through which the Merchant submits an adjustment but does not independently promise a refund of the Merchant's sale proceeds.
A refund confirmation means the applicable refund instruction was submitted; it does not guarantee the date on which the issuer will post the credit. Duplicate, partial, failed, or disputed adjustments may require reconciliation among the Merchant, AB POS, and payment provider. AB POS may request receipts, Order identifiers, processor references, or other reasonable evidence to investigate.
14. Pickup and Delivery
Estimated preparation, pickup, and delivery times are not guarantees. Delivery may be performed by the Merchant or an independent delivery provider. The party performing delivery is responsible for delivery operations to the extent required by law. You are responsible for providing accurate contact and delivery information and for being available to receive the Order. Additional third-party delivery terms may apply when disclosed.
14.1 Fulfillment Risk and Transfer
Responsibility for loss, damage, spoilage, temperature, accuracy, and legal delivery remains with the Merchant or the independent delivery provider to the extent assigned by law and their applicable terms. AB POS does not take title to products and does not assume risk of loss merely because AB GO displays a delivery status or estimated arrival time. A photograph, scan, signature, PIN, or geolocation event may be used as evidence of attempted or completed delivery, but may be challenged with credible contrary evidence.
15. Alcoholic Beverages and Age-Restricted Products
Where permitted, a licensed Merchant may offer alcoholic beverages or other age-restricted products. The Merchant is the seller and must approve the Order. You represent that you satisfy all legal age and eligibility requirements, are not purchasing for an ineligible person, and will present valid government-issued identification upon request. The Merchant or delivery provider may refuse delivery or pickup when identity or eligibility cannot be verified, the recipient appears intoxicated, or completion would violate law. Refund eligibility in such circumstances is determined by the Merchant's disclosed policy and Applicable Law.
16. Loyalty, Rewards, and Promotions
Merchants may offer loyalty programs, rewards, or promotion codes through AB GO. Unless stated otherwise, the Merchant operates its program and determines eligibility, accrual, redemption, expiration, and changes. Points have no cash value, are non-transferable, and may be adjusted for refunds, chargebacks, fraud, or errors. Material terms will be disclosed as required by law. Marketing messages require any consent required by Applicable Law and may be stopped using the instructions provided in the message. Transactional messages may still be sent when necessary to provide the Services.
17. Privacy and Communications
The Privacy Notice describes how AB POS collects, uses, discloses, and protects personal information. Merchants and third-party providers may have separate privacy practices. Once information is lawfully provided to a Merchant, that Merchant is responsible for its own use of the information.
You consent to receive electronic records and transactional communications associated with the Services. Marketing communications will be sent only as permitted by law. You may withdraw marketing consent without affecting transactional communications or the validity of prior transactions.
17.1 Data Roles and Permitted Information Flows
Depending on the context, AB POS and a Merchant may independently determine how each uses personal information, or AB POS may process information on the Merchant's documented instructions. The Privacy Notice, Merchant disclosures, and Applicable Law determine the relevant role. Information may flow among AB POS, the Merchant, payment providers, delivery providers, messaging vendors, cloud and security vendors, analytics providers, and authorities for purposes permitted by law.
Payment-card data should be entered only through approved payment interfaces. AB POS may use tokenization, encryption, access controls, logging, and vendor-management procedures designed to reduce risk. No security program can guarantee that unauthorized access, loss, or misuse will never occur. AB POS will provide legally required notices and take legally required response measures if a qualifying incident occurs.
17.2 Data Accuracy, Retention, and Lawful Requests
You are responsible for the accuracy of information you provide. AB POS may retain transaction and account records for the period reasonably necessary to provide the Services, comply with financial, tax, accounting, security, litigation-hold, and regulatory obligations, resolve disputes, and enforce agreements. Retention may continue after account closure. Requests to access, correct, or delete information are subject to identity verification, legal exceptions, and the Privacy Notice.
AB POS may disclose records in response to valid subpoenas, court orders, warrants, regulatory requests, card-network inquiries, or other lawful process. Where legally permitted and operationally reasonable, AB POS may notify the affected person before disclosure, but it is not obligated to challenge lawful process on a user's behalf.
18. Acceptable Use
You may use the Services only for legitimate Purchases and lawful purposes. You may not: use the Services for fraud, money transfer unrelated to a Purchase, or unlawful activity; impersonate another person; submit false or infringing content; introduce malicious code; scrape or access the Services by unauthorized automated means; reverse engineer or circumvent security except where law expressly permits; disrupt systems or another user's access; probe vulnerabilities without written authorization; or use the Services in a manner that violates another person's rights. AB POS may investigate and restrict suspected violations.
18.1 Investigation and Enforcement
AB POS may preserve relevant records, limit features, block devices or credentials, reverse unauthorized technical actions, and refer matters to a Merchant, processor, network, regulator, or law-enforcement authority when it reasonably believes the Services are being abused. Enforcement decisions may consider severity, recurrence, risk to others, legal requirements, and available evidence. AB POS may restore access when the underlying concern has been resolved and restoration is legally and operationally appropriate.
19. User Content and Feedback
You retain ownership of content you submit. You grant AB POS a worldwide, non-exclusive, royalty-free license to host, copy, use, reproduce, modify, display, and transmit that content solely as reasonably necessary to operate, secure, improve, and provide the Services, comply with law, and exercise rights under these Terms. You represent that you have the necessary rights to submit the content.
If you voluntarily provide ideas, suggestions, or feedback, you grant AB POS a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use and exploit that feedback without restriction or compensation, except as prohibited by law.
20. Ownership and Trademarks
AB POS Solutions, Inc. owns, licenses, operates, or otherwise controls the AB GO platform and all associated software, applications, websites, ordering features, interfaces, designs, documentation, content, derivatives, improvements, copyrights, patents, trade secrets, trademarks, and other intellectual-property rights. No ownership right is transferred to you. All rights not expressly granted are reserved.
AB GO, AB POS, and associated names, logos, trade dress, and service identifiers are trademarks or service marks owned by or licensed to AB POS Solutions, Inc. Merchant and third-party marks belong to their respective owners. You may not use any mark without the owner's prior written permission.
20.1 Platform Rights and Technical Restrictions
The protected platform includes source and object code, APIs, databases, schemas, workflows, business rules, algorithms, integrations, configuration tools, interfaces, visual elements, documentation, reports, compilations, and non-public know-how, whether created before or after these Terms. Except for the limited consumer license expressly granted, no right is granted to reproduce, distribute, commercialize, benchmark for competitive publication, create derivative works from, or exploit any portion of the platform.
Nothing in these Terms transfers ownership of Merchant content to AB POS. Merchant menus, marks, product descriptions, and other Merchant materials remain owned by the Merchant or its licensors. AB POS's display of those materials is based on permissions obtained through the Merchant relationship and does not authorize a Guest to reuse them outside the Services.
21. Third-Party Services and Content
The Services may interoperate with app stores, maps, delivery providers, payment providers, websites, or content controlled by third parties. AB POS does not control and is not responsible for third-party services, terms, availability, security, accuracy, or conduct, except to the extent required by law. Links and integrations do not imply endorsement. Your use of a third-party service may be governed by separate terms.
21.1 Integrations and Subcontracting
AB POS may use affiliates, cloud providers, communications vendors, payment technology providers, identity and fraud vendors, analytics services, and other subcontractors to perform portions of the Services. AB POS remains responsible for its own obligations under these Terms and Applicable Law but does not guarantee an independent provider's performance beyond duties the law assigns to AB POS.
An integration may be changed, suspended, or discontinued if a third party changes its interface, credentials, terms, security requirements, commercial relationship, or availability. AB POS will use commercially reasonable efforts to reduce material disruption when practicable but is not required to maintain an integration that is unlawful, insecure, unavailable, or commercially discontinued.
22. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." AB POS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING. AB POS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT MERCHANT INFORMATION, MENUS, PRICES, HOURS, ALLERGEN INFORMATION, OR OTHER THIRD-PARTY CONTENT WILL BE ACCURATE OR COMPLETE. NOTHING IN THESE TERMS DISCLAIMS A WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED.
23. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AB POS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING FROM THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AB POS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT OF SERVICE FEES, IF ANY, PAID DIRECTLY BY YOU TO AB POS DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING WHERE APPLICABLE LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY CAUSED BY NEGLIGENCE. YOUR RIGHTS MAY VARY BY STATE.
24. Indemnification
To the extent permitted by law, if you use the Services on behalf of a business or for commercial purposes, you will defend, indemnify, and hold harmless AB POS and its affiliates, officers, directors, employees, and agents from third-party claims arising from your unlawful use of the Services, material breach of these Terms, or infringement of another person's rights. This section does not require an individual consumer to indemnify AB POS where such obligation is prohibited or unenforceable under Applicable Law. AB POS may control the defense of a covered claim, and you agree to provide reasonable cooperation.
25. Suspension, Termination, and Account Closure
You may request account closure by contacting info@abpos.com. You remain responsible for pending Purchases and lawful charges. AB POS may suspend or terminate access when reasonably necessary for security, suspected fraud, violation of these Terms, legal compliance, nonpayment, protection of users or Merchants, discontinuation of a Service, or material operational risk. When practicable and legally permitted, AB POS will provide reasonable notice.
Following closure or termination, AB POS may delete, anonymize, or retain information in accordance with the Privacy Notice, legal obligations, legitimate business needs, fraud prevention, dispute resolution, tax and accounting requirements, and applicable retention schedules. Sections that by their nature should survive will survive termination.
25.1 Service Continuity, Maintenance, and Changes
AB POS may perform scheduled or emergency maintenance, deploy security updates, modify interfaces, replace infrastructure, impose reasonable usage limits, or discontinue features. When a change materially affects an active consumer transaction, AB POS will use reasonable efforts to preserve records and facilitate completion, cancellation, or reconciliation as appropriate. Service availability may vary by Merchant, location, device, integration, and time.
Suspension or discontinuation of a feature does not relieve a Merchant of obligations for accepted Purchases or a Guest of obligations for properly completed Purchases. AB POS may establish transition procedures and may provide continued access to receipts or records where reasonably necessary and legally permitted.
26. Force Majeure
AB POS will not be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, epidemics, war, terrorism, civil unrest, labor disruptions, governmental action, utility or telecommunications failures, internet disturbances, cyberattacks not caused by AB POS's failure to use reasonable safeguards, or failures of third-party infrastructure. This section does not excuse payment obligations already incurred or duties that cannot be excused by law.
27. Binding Arbitration; Jury Trial and Class Action Waiver
Informal resolution first. Before commencing arbitration, the claimant must send a written notice describing the dispute, supporting facts, requested relief, and contact information. Notices to AB POS must be sent by email to info@abpos.com with the subject line "Legal Dispute Notice." AB POS may provide a physical notice address through its official website or the Services. The parties will attempt in good faith to resolve the matter for at least thirty (30) days after receipt.
Agreement to arbitrate. Except for an eligible individual action in small claims court and a claim seeking temporary or preliminary injunctive relief to protect intellectual-property or data-security rights, any dispute arising from or relating to these Terms, AB GO, or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this section.
The arbitration may be conducted by documents, telephone, video conference, or in person as permitted by the applicable rules. For a consumer, any in-person hearing will occur in the county of the consumer's residence unless the parties agree otherwise. The arbitrator may award the same individual remedies available in court, but only to the extent necessary to resolve the individual claim. The arbitrator will issue a reasoned written decision.
NO JURY OR CLASS PROCEEDINGS. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PERSONS WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.
Arbitration fees will be allocated under the AAA rules, except AB POS will pay fees that Applicable Law requires it to pay for this agreement to be enforceable. If any portion of the class-action waiver is finally found unenforceable as to a particular claim or requested remedy, that portion will be litigated in court after all arbitrable claims are completed.
27.1 Arbitration Administration and Consumer Protections
The version of the AAA Consumer Arbitration Rules in effect when a qualifying claim is filed will apply, subject to the AAA's determination that its consumer standards are satisfied. Information about the rules and fees is available from AAA. If AAA is unavailable or declines to administer the dispute and the parties cannot agree on a substitute, a court with jurisdiction may appoint an administrator or arbitrator consistent with the Federal Arbitration Act.
The arbitrator has authority to determine issues of scope, enforceability, and formation of this arbitration agreement, except a court will determine any challenge to the class, collective, consolidated, mass, or representative-action waiver. Nothing in this section prevents a party from reporting conduct to a governmental agency or seeking relief that an agency is authorized to pursue.
28. Governing Law and Courts
These Terms are governed by the Federal Arbitration Act and, to the extent state law applies, the laws of the State of Maryland, without regard to conflict-of-law principles. This choice does not deprive a consumer of mandatory protections of the consumer's state of residence. For disputes not subject to arbitration, the parties consent to the state or federal courts located in the State of Maryland having proper jurisdiction, except that an individual consumer may bring an eligible claim in another court when Applicable Law requires.
29. Changes to These Terms
AB POS may update these Terms to reflect changes in the Services, law, security, or business practices. Updated Terms will be posted through an official AB POS or AB GO website or within the Services with a revised effective date. If a change materially reduces your rights or increases your obligations, AB POS will provide notice as required by law before the change becomes effective. Changes will not apply retroactively to a dispute of which AB POS had actual notice before the effective date. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Services.
30. General Terms
These Terms and incorporated policies constitute the entire agreement between you and AB POS concerning the consumer-facing Services and supersede prior terms on that subject. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue, subject to Section 27. You may not assign these Terms without AB POS's written consent; AB POS may assign them in connection with a merger, reorganization, sale of assets, or by operation of law, provided consumer rights are not materially reduced. Headings are for convenience only. Electronic acceptance and records have the same effect as originals where permitted by law.
30.1 Interpretation, Priority, and Severability
Specific terms presented for a particular AB GO feature or promotion control over these general Terms only for that feature and only to the extent of a direct conflict. A Merchant policy controls the Merchant's products, fulfillment, and refund decisions, but cannot expand AB POS's obligations or waive AB POS's rights. The Privacy Notice controls the processing of personal information if it conflicts with a general description in these Terms.
The words "including" and "include" mean "including without limitation." Singular terms include the plural where the context permits. References to writing include electronic records. No ambiguity will be construed against a party solely because that party drafted the provision. If a court or arbitrator narrows an unenforceable provision, the provision will be enforced as narrowed to the maximum lawful extent.
30.2 No Third-Party Beneficiaries; Corporate Changes
Except for persons expressly protected by the warranty disclaimers, liability limitations, indemnity, or intellectual-property provisions, these Terms do not create enforceable rights for a third party. AB POS may perform obligations through affiliates and contractors. A merger, conversion, reorganization, financing, sale of equity, or transfer of substantially all relevant assets does not terminate these Terms, and a lawful successor may enforce them.
31. Contact Information
Questions about the Services, account-closure requests, and legal notices may be directed to info@abpos.com. Legal notices should include the subject line "Legal Notice."