Terms of Service — TikalPOS

1. Acceptance

By subscribing to or using TikalPOS, the merchant (through an authorized representative) accepts these Terms and the TikalPOS Privacy Policy. If you do not agree, do not use the service.

2. The service

TikalPOS is a multi-tenant point-of-sale platform for businesses. It includes a web admin app, a tablet app to operate the point of sale, and a local print middleware. It offers modules for orders, menu, kitchen display (KDS), reservations, loyalty, reports, offline synchronization, and integration with electronic invoicing (FEL) through the merchant’s certifier.

3. Accounts, staff, and devices

The merchant is responsible for the accuracy of its information, its staff credentials, the roles it assigns, and the devices (tablets) it enrolls. The merchant is responsible for how its staff uses the web app and the tablet app, and must un-enroll devices that are no longer in use.

4. Tablet app and offline operation

The tablet app can operate offline and sync operations when connectivity returns. Conflict resolution follows a last-write-wins approach. The merchant is responsible for verifying that its operations sync correctly and for keeping its inventory of enrolled devices up to date.

5. Plans and billing

• The service is offered through subscription plans (Starter, Pro, Scale, and Enterprise) with an included transaction volume per cycle.
• Transactions exceeding the included volume are charged as overage at the plan’s rate; the cycle may be monthly or annual.
• Non-payment may lead to suspension or termination of the service under these Terms.
• Current prices and limits are published on the site and may be updated with reasonable notice.

6. FEL and taxes

Electronic invoicing (FEL) is issued through the certifier the merchant contracts directly. The merchant pays its certifier and is solely responsible for meeting its tax obligations. Servicios Avanzados en Tecnología, S.A. is not responsible for the tax validity of documents or for the relationship with the certifier.

7. Data ownership

The merchant owns its operational data and its end-customers’ data. Servicios Avanzados en Tecnología, S.A. processes that data solely to provide the service and allows its export. The merchant grants us a limited license to process such data to operate the platform.

8. Acceptable use

The merchant agrees not to:

• Use the platform for fraudulent or unlawful purposes.
• Attempt to gain unauthorized access to systems, accounts, or data of other merchants.
• Interfere with the operation of the service, resell access without authorization, or circumvent security measures.

9. Availability and support

The service is provided "as available." We may perform scheduled maintenance. Specific service-level commitments (SLAs), where they exist, are agreed separately in the Enterprise plan.

10. Intellectual property

The platform, apps, brand, design, and software are owned by Servicios Avanzados en Tecnología, S.A. and protected by applicable laws. The merchant acquires no rights to them beyond the use permitted by these Terms.

11. Disclaimer of warranties

To the extent permitted by law, the service is provided "as is," with no warranty that it will be uninterrupted or error-free.

12. Limitation of liability

To the extent permitted by law, Servicios Avanzados en Tecnología, S.A. is not liable for indirect, incidental, or consequential damages, or for loss of revenue or data arising from the use or inability to use the service.

13. Termination

Either party may terminate the service as agreed. After termination, the merchant may export its data for a reasonable period, after which we will delete or anonymize the data, except what the law requires us to retain.

14. Governing law

These Terms are governed by the laws of the Republic of Guatemala.

15. Changes

We may update these Terms. We will post the current version on this page with its update date. Continued use after a change means you accept it.

16. Contact

For any question about these Terms, contact us at soporte@tikalpos.com.

17. Customer complaints and reward fulfillment

As an affiliated merchant, you are solely responsible for honoring the rewards, promotions, and offers you publish through TikalLoyalty, as well as for the quality of the products or services you provide to your customers.

Customers may file complaints about your business (for example, refusing to honor a valid reward or breaking a promotion) by emailing quejas@tikalpos.com.

• We analyze every complaint and, where appropriate, contact you to understand the specific situation and give you the chance to resolve it.
• If your business accumulates recurring complaints, or fails to respond to clarification requests, Servicios Avanzados en Tecnología, S.A. may, at its sole discretion, suspend or remove your business from the platform and withdraw all of its content (profile, rewards, reviews, and any other material), with no right to compensation.
• Suspension or removal on these grounds does not release you from obligations already incurred with your customers, nor from fees accrued up to that date.