Terms of Service

1. Definitions

• "Daily POS", "we", "us", "our": SAS JOOM, the operator of the Service.
• "You", "Merchant": the business or individual that installs or uses the Service.
• "Shopify": Shopify Inc. and its affiliates, which provide the platform the Service runs on.
• "Staff Data": the names, identifiers, and sales activity of your staff and POS operators that the Service processes to deliver its features.

2. Eligibility

To use the Service, you must operate an active Shopify store and be at least 18 years old or the age of majority in your jurisdiction. By using the Service, you confirm you have the authority to enter into these Terms on behalf of your business.

3. The Service

Daily POS is a Shopify application that helps you manage in-store performance, motivate your team, and track sales goals across one or more locations. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes, subject to these Terms.

We may add, change, or remove features at any time. We aim to give reasonable notice of significant changes where practical.

4. Account and installation

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. The Service is installed and authenticated through Shopify, and your use of Shopify remains governed by your agreement with Shopify.

5. Fees, billing, and trials

Any fees for the Service are displayed before you subscribe and are billed through the Shopify Billing API. By subscribing, you authorize Shopify to charge the applicable fees to your Shopify account.

• Subscriptions renew automatically for successive periods unless cancelled before the renewal date.
• Free trials, if offered, convert to a paid subscription at the end of the trial period unless you uninstall or cancel beforehand.
• Fees are exclusive of taxes unless stated otherwise. You are responsible for any applicable taxes.
• Except where required by law, fees already paid are non-refundable.

We may change our fees. We will give reasonable advance notice of any price change, which will apply from your next billing period.

6. Your responsibilities regarding Staff Data

The Service processes Staff Data on your behalf. You are the data controller for this data, and you are solely responsible for ensuring that:

• you have a valid legal basis to monitor and record your staff's individual sales performance under applicable employment and data protection laws;
• you have informed your staff that their performance data is collected and used through the Service, as required by law; and
• your use of the Service complies with all laws applicable to you, including employee monitoring and privacy rules.

You agree to indemnify us against any claim arising from your failure to meet these responsibilities. How we handle personal data is described in our Privacy & Cookies Policy.

7. Data processing (processor terms)

This section applies where we process personal data on your behalf, in particular Staff Data, and reflects Article 28 of the GDPR. For this data, you are the controller and we are the processor. For your account data and website data, we act as controller, as described in our Privacy & Cookies Policy.

• Scope, nature, and purpose: We process personal data only to provide, support, secure, and improve the Service, and only for the duration of your use of the Service.
• Types of data and data subjects: identifiers, names, and sales activity of your staff and POS operators. The data subjects are your staff and POS operators.
• Our instructions:We process this data only on your documented instructions, including as set out in these Terms and the Privacy & Cookies Policy, unless we are required to act otherwise by law.
• Confidentiality: We ensure that persons authorized to process the data are bound by appropriate confidentiality obligations.
• Security: We implement appropriate technical and organizational measures to protect the data, including encryption in transit and at rest and access controls.
• Sub-processors:You give us general authorization to use the sub-processors listed in our Privacy & Cookies Policy. We keep that list available on request and bind our sub-processors to data protection obligations comparable to those in this section. If you object to a new sub-processor, your remedy is to stop using the Service.
• Assistance: Taking into account the nature of the processing, we will reasonably assist you in responding to data subject requests and in meeting your security, breach notification, and data protection impact assessment obligations. We may charge a reasonable fee for assistance beyond what applicable law requires us to provide without charge.
• Personal data breach: We will notify you without undue delay after becoming aware of a personal data breach affecting the data we process for you.
• International transfers: Where personal data is transferred outside the EEA or the UK, we rely on appropriate safeguards where required, such as the Standard Contractual Clauses offered by our providers.
• Return or deletion: Upon termination of the Service, or at your request, we will delete or anonymize the personal data we process on your behalf, except where retention is required by law. We may retain aggregated, anonymized data that no longer identifies any individual.
• Records: On written request, we will provide information reasonably necessary to demonstrate our compliance with this section.

8. No employment or monitoring advice

Daily POS does not provide legal, HR, employment law, labor law, performance management, or compliance advice. The Service is a reporting and motivation tool only.

The Merchant remains solely responsible for determining whether its use of Daily POS complies with local employment, labor, works council, employee monitoring, collective bargaining, and privacy laws. You should obtain your own professional advice where needed.

9. Acceptable use

You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable law;
• copy, modify, reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law;
• resell, sublicense, or make the Service available to third parties outside your business;
• interfere with or disrupt the Service, or attempt to gain unauthorized access to it;
• use the Service to store or transmit malicious code; or
• use the Service in a way that imposes an unreasonable load on our infrastructure.

We may suspend or terminate access if you breach this section.

10. Intellectual property

The Service, including its software, design, and content, is owned by SAS JOOM and protected by intellectual property laws. These Terms do not transfer any ownership rights to you. You retain ownership of your own data, and you grant us a limited right to process it only to provide and improve the Service.

11. Third-party services and dependency on Shopify

The Service depends on Shopify and on third-party providers. We are not responsible for the availability, accuracy, or behavior of third-party services. If Shopify changes, restricts, or removes the APIs or features the Service relies on, some or all of the Service's functionality may be affected, and we are not liable for any resulting limitation.

12. No accuracy guarantee

The Service relies on data received from Shopify and other sources. This data may be delayed, incomplete, duplicated, unavailable, or incorrect.

Daily POS does not guarantee that any ranking, leaderboard, target, commission calculation, sales figure, or performance metric produced by the Service is accurate, complete, or current. You are responsible for verifying any figure before relying on it for payroll, commissions, incentives, or any other business decision.

13. Disclaimer of warranties

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free. You use the Service and rely on its outputs at your own risk.

14. Limitation of liability

To the maximum extent permitted by law:

• we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, sales, data, or goodwill, arising out of or related to the Service;
• without limiting the above, we are not liable for any business decisions you make based on the metrics, dashboards, reports, or figures produced by the Service, or for any loss of revenue, profit, or sales attributed to data that is inaccurate, incomplete, delayed, or miscalculated;
• our total aggregate liability arising out of or related to the Service will not exceed the total amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

15. Your responsibility to back up data

You are responsible for maintaining independent copies of any information required for your business operations. We are not responsible for any loss, corruption, or unavailability of data, and you should not rely on the Service as your sole record of any information.

16. Time limit for claims

Any claim arising out of or related to the Service or these Terms must be brought within one (1) year of the event giving rise to the claim. After that period, the claim is permanently barred, except where applicable law does not allow such a limitation.

17. Indemnification

You agree to defend, indemnify, and hold harmless SAS JOOM and its representatives from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your data, your Staff Data, or your breach of these Terms.

18. Term, termination, and data deletion

These Terms apply for as long as you use the Service. You may stop using the Service at any time by uninstalling the app from your Shopify admin. We may suspend or terminate your access if you breach these Terms, if required by law, or if Shopify removes the Service.

On termination, or at your request, we will delete or anonymize your personal data in accordance with our Privacy & Cookies Policy, except where retention is required by law. We may keep aggregated, anonymized store performance data, which no longer identifies any individual, so that you can recover your store's history if you return to the Service. Sections that by their nature should survive termination (including intellectual property, disclaimers, no accuracy guarantee, limitation of liability, time limit for claims, indemnification, and governing law) will continue to apply.

19. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the latest version. We are not required to notify you of changes, and it is your responsibility to review these Terms regularly. Your continued use of the Service after any change takes effect means you accept the updated Terms.

20. Governing law and disputes

These Terms are governed by the laws of France, without regard to conflict-of-law rules. Any dispute relating to these Terms or the Service will be subject to the exclusive jurisdiction of the competent courts of France, unless mandatory consumer protection laws in your country provide otherwise.

21. General

• Entire agreement:these Terms, together with our Privacy & Cookies Policy, form the entire agreement between you and us regarding the Service.
• Severability: if any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver: our failure to enforce any right is not a waiver of that right.
• Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for any delay or failure caused by events beyond our reasonable control.

22. Contact

For any question about these Terms, contact us at: