Last Updated: January 17, 2025
1. Acceptance of Terms
Welcome to nfty. By accessing or using our phone-powered point-of-sale (POS) systems, HIPAA-compliant AI applications, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and nfty ("nfty," "we," "us," or "our").
2. Description of Services
nfty provides the following services:
- Powerless POS Systems: Position-aware point-of-sale solutions for parking, events, valet services, food trucks, and hospitality venues using QR codes and NFC technology
- HIPAA-Compliant AI Applications: Secure scheduling agents, document portals, patient communication systems, and custom healthcare workflows
- Custom Application Development: Tailored solutions for regulated industries including healthcare, legal, and finance
- Payment Processing: Integrated payment solutions with digital tipping and receipt management
- Position-Aware Technology: Location-based services that provide contextual menus, pricing, and inventory information
3. Account Registration and Eligibility
Eligibility: You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.
Account Information: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials.
Business Use: Our Services are intended for business and commercial use. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
4. Service Fees and Payment Terms
Pricing: Service fees are based on your selected plan and usage. All fees are quoted and payable in U.S. Dollars unless otherwise specified in your service agreement.
Payment: You agree to pay all fees associated with your use of the Services. Payment is due according to the billing schedule outlined in your service agreement (monthly, annually, or as otherwise agreed).
Transaction Fees: Payment processing fees apply to transactions processed through our platform. These fees are separate from service subscription fees and are detailed in your service agreement.
Late Payment: Late payments may result in service suspension and may incur late fees as permitted by law.
Refunds: Fees are generally non-refundable except as required by law or as specifically stated in your service agreement.
5. Acceptable Use Policy
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Services in any way that violates applicable federal, state, local, or international law
- Engage in fraudulent activities or process fraudulent transactions
- Transmit malicious code, viruses, or any harmful software
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the Services or servers
- Use the Services to harass, abuse, or harm another person or entity
- Impersonate nfty, our employees, or any other person or entity
- Collect or store personal data about other users without their consent
- Use automated systems to access the Services without our written permission
6. HIPAA Compliance and Healthcare Services
Business Associate Agreement: For customers using our HIPAA-compliant services, a separate Business Associate Agreement (BAA) will be executed, which forms part of these Terms.
Protected Health Information: We will handle all Protected Health Information (PHI) in accordance with HIPAA regulations and our BAA.
Customer Responsibilities: You are responsible for ensuring your use of our Services complies with HIPAA and other applicable healthcare regulations. You must implement appropriate safeguards and train your staff accordingly.
Breach Notification: Both parties agree to notify each other of any security breaches involving PHI in accordance with HIPAA requirements.
7. Data Security and Privacy
Security Measures: We implement industry-standard security measures including encryption (TLS/SSL in transit, AES-256 at rest), access controls, audit logging, and regular security assessments.
Your Data: You retain all rights to your business data and customer information. We will not use your data except as necessary to provide the Services or as required by law.
Privacy Policy: Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Data Backup: While we maintain regular backups, you are responsible for maintaining your own backup copies of critical data.
8. Intellectual Property Rights
nfty Property: The Services, including all software, technology, designs, trademarks, and content, are owned by nfty and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services.
Customer Content: You retain ownership of all content, data, and materials you submit to the Services. By using the Services, you grant us a license to use, store, and process your content solely to provide the Services.
Feedback: Any feedback, suggestions, or ideas you provide to us may be used by nfty without obligation or compensation to you.
9. Service Level and Availability
Uptime: We strive to maintain high availability of our Services. Specific uptime guarantees, if any, are detailed in your service agreement.
Maintenance: We may perform scheduled maintenance that temporarily interrupts service availability. We will provide advance notice when possible.
No Warranty: The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- nfty shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption
- Our total liability for any claims arising from or related to the Services shall not exceed the amount you paid to nfty in the twelve (12) months preceding the claim
- We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet failures
Payment Processing: We are not liable for disputes between you and your customers regarding payments, chargebacks, or refunds, except as caused by our gross negligence or willful misconduct.
11. Indemnification
You agree to indemnify, defend, and hold harmless nfty, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of applicable laws or regulations
- Any content or data you submit to the Services
12. Term and Termination
Term: These Terms remain in effect while you use the Services.
Termination by You: You may terminate your account at any time by providing written notice. You remain responsible for all fees incurred prior to termination.
Termination by nfty: We may suspend or terminate your access to the Services immediately if you breach these Terms, fail to pay fees, or engage in fraudulent or illegal activities.
Effect of Termination: Upon termination, your right to use the Services ceases immediately. We will provide you with access to export your data for a reasonable period (typically 30 days) after termination.
Survival: Provisions regarding payment obligations, intellectual property, indemnification, limitation of liability, and dispute resolution survive termination.
13. Modifications to Services and Terms
Service Changes: We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.
Terms Updates: We may update these Terms from time to time. Material changes will be communicated via email or through the Services. Your continued use of the Services after changes constitutes acceptance of the updated Terms.
HIPAA Changes: Changes affecting HIPAA-covered services require mutual agreement through an amended BAA.
14. Dispute Resolution
Governing Law: These Terms are governed by the laws of the State of Tennessee, United States, without regard to conflict of law principles.
Arbitration: Any dispute arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules, except as required by law for HIPAA-related disputes.
Class Action Waiver: You agree that disputes will be resolved on an individual basis and waive any right to participate in class action lawsuits.
Venue: Any legal action that cannot be arbitrated shall be brought exclusively in the state or federal courts located in Tennessee.
15. Third-Party Services
Our Services may integrate with or link to third-party services (payment processors, cloud providers, etc.). We are not responsible for the availability, content, or practices of third-party services. Your use of third-party services is subject to their respective terms and policies.
16. Export Compliance
You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
17. Miscellaneous
Entire Agreement: These Terms, together with your service agreement, Privacy Policy, and any applicable BAA, constitute the entire agreement between you and nfty.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure: Neither party shall be liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.
18. Contact Information
For questions about these Terms of Service, please contact us:
Thank you for choosing nfty. We're committed to providing reliable, secure, and innovative solutions for your business. By working together under these Terms, we can build a successful partnership that serves your customers and grows your business.