Terms & Conditions

00Introduction#

These Terms & Conditions ("Terms") govern access to and use of the website at flawlessretail.com and the Flawless POS platform and related services (the "Services") provided by Flawless Retail LLC ("Flawless POS," "we," "us," or "our"). By accessing the website or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business. If you do not agree, do not use the Services.

01Definitions#

"Customer" means the business (typically a jewelry retailer or wholesaler) that subscribes to the Services. "Authorized Users" are the Customer's staff who use the Services. "Merchant Customer" means the Customer's own end customers. "Customer Data" means data the Customer or its Authorized Users or Merchant Customers submit to or generate within the Services. "Payment Processor" means a third-party processor that handles card payments. "Order" means the plan, order form, or online sign-up specifying the subscription and fees.

02The Services#

Flawless POS is a cloud-based platform for jewelry retail and wholesale, which may include POS and checkout, inventory and RFID/hardware support, e-commerce and website tools, wholesale/B2B portals, CRM and clienteling, marketing (email and SMS), reporting and analytics, accounting integration, integrated payment-processing facilitation, and AI-powered tools. We may add, modify, or discontinue features from time to time.

03Eligibility, Accounts, and Security#

The Customer must provide accurate registration information and is responsible for its account, its Authorized Users, and all activity under its credentials. The Customer must keep credentials confidential, use available security controls (such as two-factor authentication), and notify us promptly of any unauthorized use.

04Subscriptions, Fees, and Billing#

Fees are set out in the applicable Order. Unless otherwise stated: subscriptions renew automatically for successive terms; fees are billed in advance per the billing cycle; the Customer authorizes us (or our biller) to charge its payment method; fees are exclusive of taxes, which the Customer is responsible for; and fees are non-refundable except as required by law. We may suspend the Services for non-payment after notice, and we may change fees with prior notice effective on renewal. Onboarding, data-migration, or setup fees may apply as stated in the Order.

05Payment Processing#

Card payment processing is provided by third-party Payment Processor(s) (for example, Clearent by Xplor) and supported hardware (for example, PAX terminals), subject to a separate agreement between the Customer and the Payment Processor. Flawless POS is not a bank, money transmitter, or the Payment Processor, and does not hold or settle funds. The Customer is responsible for complying with PCI-DSS and card-network rules, and for chargebacks, refunds, disputes, and reconciliation of payouts. Processing fees are governed by the Customer's agreement with the Payment Processor.

06Customer Responsibilities and Acceptable Use#

The Customer is solely responsible for:

• Complying with all applicable laws and regulations, including consumer protection; sales and other taxes; privacy and data protection; messaging laws (such as TCPA, CAN-SPAM, and carrier/CTIA requirements); call-recording consent laws; and any rules applicable to precious metals, high-value goods, or related anti-money-laundering or identification requirements.
• Obtaining all necessary consents from Merchant Customers, including for marketing, SMS/text messaging, call recording, and capture of identification images.
• The accuracy and legality of Customer Data, product listings, pricing, fulfillment, returns, and tax collection.
• Its own hardware, devices, and internet connectivity.

The Customer must not use the Services to: violate law or third-party rights; sell prohibited or infringing goods; transmit malware; gain unauthorized access; resell or provide the Services to third parties except as permitted; or interfere with the Services' operation or security.

07Customer Data and Privacy#

As between the parties, the Customer owns Customer Data. The Customer grants Flawless POS a non-exclusive, worldwide license to host, process, transmit, and display Customer Data as needed to provide the Services and as otherwise permitted by these Terms. We process personal information in accordance with our Privacy Policy and, where applicable, a Data Processing Addendum under which the Customer is the controller and Flawless POS is the processor of Merchant Customer personal data. The Customer is responsible for having a lawful basis and required consents. On termination, the Customer may export Customer Data during a thirty (30) day data-retrieval window, after which we may delete it.

08Intellectual Property#

Flawless POS and its licensors own the Services, including all software, technology, and trademarks. We grant the Customer a limited, revocable, non-exclusive, non-transferable license to access and use the Services during the subscription term. The Customer must not copy, modify, reverse engineer, resell, or create derivative works from the Services. If the Customer provides feedback, we may use it without restriction.

09Third-Party Services and Integrations#

The Services integrate with third-party products (for example, QuickBooks Online, JM Shipping, JM Care Plan, IFS/InForSure, BIG, payment processors, and AI providers). Those services are governed by their own terms, and we are not responsible for them or for their availability, accuracy, or acts and omissions.

10AI Features#

AI-powered features (including the AI assistant, photo-to-inventory, AI product photography, AI-assisted marketing content, and call summaries and transcripts) are provided "as is" and may produce inaccurate, incomplete, or unexpected results. AI outputs are not professional, legal, financial, or appraisal advice. The Customer is responsible for reviewing AI outputs before relying on or publishing them. Data used with these features may be processed by third-party AI providers as described in our Privacy Policy.

11Messaging and Communications#

Where the Customer uses the Services to send email or SMS, the Customer is responsible for obtaining required consents, honoring opt-outs, and complying with applicable laws and carrier requirements (including A2P/10DLC registration where applicable). We may suspend messaging features for suspected violations. Carriers are not liable for delayed or undelivered messages.

12E-commerce#

The Services provide e-commerce and storefront tools. The Customer is solely responsible for its storefront content, product descriptions, pricing accuracy, order fulfillment, shipping, returns and refunds, and applicable taxes. Flawless POS provides the platform and does not sell the Customer's products.

13Service Availability and Support#

We use commercially reasonable efforts to make the Services available and provide support during published hours (currently Monday through Sunday, 9:00 AM to 6:00 PM EST). The Services include built-in failsafe recovery designed to resume functionality within approximately 3 to 5 minutes of certain disruptions. We may perform maintenance and may modify the Services. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free. A formal uptime service-level agreement, if offered, will be set forth in a separate writing.

14Warranties and Disclaimers#

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT AI OUTPUTS WILL BE ACCURATE OR RELIABLE.

15Limitation of Liability#

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY THE CUSTOMER TO US IN THE TWELVE (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

16Indemnification#

The Customer will defend, indemnify, and hold harmless Flawless POS from claims arising out of Customer Data, Merchant Customer claims, the Customer's products or storefront, the Customer's violation of law or these Terms, and the Customer's messaging or consent practices.

17Term, Suspension, and Termination#

These Terms apply while the Customer uses the Services. Either party may terminate as set out in the Order or these Terms upon thirty (30) days' written notice, unless a different notice period is specified in the Order. We may suspend or terminate access for non-payment, violation of these Terms or the acceptable use rules, or risk to the Services or others. On termination, the Customer's right to use the Services ends, subject to the data-retrieval window in Section 7. Provisions that by their nature should survive will survive.

18Confidentiality#

Each party will protect the other's non-public information disclosed in connection with the Services and use it only as needed to perform under these Terms.

19Changes to These Terms#

We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, where required, provide additional notice. Continued use of the Services after changes take effect constitutes acceptance.

20Governing Law and Dispute Resolution#

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws rules, and the parties consent to exclusive venue in the state and federal courts located in Eagle County, Colorado. The parties will first attempt in good faith to resolve any dispute informally by written notice to the other party before initiating formal proceedings.

21Force Majeure#

We are not liable for delays or failures caused by events beyond our reasonable control, including outages, network or hardware failures, acts of third parties, or natural events.

22Miscellaneous#

These Terms (with any Order, the Privacy Policy, and any DPA) are the entire agreement regarding the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. The Customer may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices will be sent to the contact details on file. The parties are independent contractors.

23Contact Us#

Questions about these Terms? Reach our team using the details below.