1. Acceptance of Terms
By creating an account or using The River POS (“the Service”) you agree to be bound by these Terms of Service and our Privacy Policy (collectively, the “Agreement”). The River POS is provided by The River POS. If you do not agree to this Agreement, you may not use the Service.
2. Service Description
The River POS is a hosted point-of-sale and operations service for retail, rental and hospitality businesses. It is made of modules: the modules your account uses are the ones set out in your order or sign-up code, and only those modules are available to your account. The Ski Valet module records guests’ ski and snowboard equipment checked in to your storage — the guest’s name and room or other reference you choose, the equipment and its tag numbers, where it is stored and when it is handed back — and issues claim tickets your guests can open on their own phones. You enter and control the data in your account; we host it and run the software that keeps it.
3. Account Responsibilities
You agree to:
- Provide accurate, current, and complete information during signup.
- Maintain the security of your access credentials, and give each person who works in your account their own login rather than sharing one.
- Accept responsibility for all activity under your account, including activity by the staff you add to it.
- Use the Service only for lawful business purposes.
- Determine which of your personnel receive which roles and permissions, and supervise the work done under them.
- Tell us promptly if you believe a credential has been compromised, so we can help you end its sessions.
4. Your Data
The records you and your staff enter — guests, equipment, tickets, locations, staff accounts and the rest — are your business data. You are responsible for having the right to collect and use the personal information you enter, including any notices to, or consents from, the people it is about that applicable law requires. We process your data on your behalf and at your direction, solely to provide the Service. You may ask us for an export of your data at any time.
5. Guest Information Held for the Valet
Where your account uses the Ski Valet module, you acknowledge that:
- Guest names, room numbers, contact details and equipment descriptions you record are held in the Service so your staff can check equipment in, find it and hand it back. They are not used for any other purpose.
- A claim ticket link or code shows the property, the equipment and its status. Anyone holding a guest’s claim ticket can open it, so treat the ticket like a receipt for the equipment.
- The Service records custody; it does not take custody. The equipment, its storage, its security and its return to the right person remain your responsibility, and The River POS is not a bailee of any guest property.
- You are responsible for the notices and policies you give your guests about equipment storage and about the information you collect from them.
6. Records of Activity and Corrections
6.1 Changes made in your account are your changes. When you or a person you have given access makes a change in the Service, that change is made at your direction and on your behalf, and you are responsible for it. The River POS does not review, approve, or independently validate the substance of changes before they are made.
6.2 Records of changes. The Service records each change with the person who made it and the time, in an activity record kept with your account, and records each sign-in with the address and browser it came from.
6.3 Corrections, not erasures. Some records — a checked-in or handed-back ticket, a sale, an activity entry — are not deleted once made; they are corrected by a later entry that leaves the original visible. The River POS does not warrant that any given record can be removed, and correction of your records remains your responsibility.
6.4 Verify what matters. You are responsible for reviewing the work done in your account, particularly the hand-back of guest equipment and any figures you rely on. Section 10’s limitations apply to all use of the Service.
7. Data Isolation
Each customer’s data is stored separately by account. Every request is bound to one account, and the database itself refuses any read or write of another account’s rows. Data does not cross account boundaries, and no feature of the Service can query, aggregate, or expose data from other customers.
8. Billing & Payments
The Service is not billed inside the Service. Key billing terms:
- Fees for the Service, and the modules they cover, are set out in a separate written agreement or invoice between you and The River POS, which is incorporated into this Agreement by reference. Where that agreement and these Terms conflict about fees or payment, that agreement governs.
- Invoices are due on the terms stated on them. Prices may change with at least 30 days’ prior written notice.
- No refunds. Unless your written agreement says otherwise, fees are non-refundable, and we do not refund or credit partial billing periods.
- Past-due payments. If an invoice is unpaid 15 days after its due date, we may suspend the Service for your account after notice to the account owner. Your data is not deleted while the Service is suspended, and access returns once the invoice is paid.
- You may cancel by emailing support@theriverpos.com; the Service runs through the end of the period you have paid for.
9. Intellectual Property
All The River POS software, branding, documentation, and intellectual property are owned by The River POS. You retain full ownership of your business data. By using the Service, you grant The River POS a limited, non-exclusive license to process your data solely to provide the Service.
10. Limitation of Liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE RIVER POS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages.
- Downtime, errors, or changes of internet, hosting, email delivery or other third-party services beyond our control, or of your own devices, printers and networks.
- Loss of, damage to, or misdelivery of any guest equipment or other property, which remains in your custody.
- The accuracy of data entered into the Service by you, your staff or your guests.
- Loss of data resulting from circumstances beyond our reasonable control.
- The substance or consequences of changes made to your records by you or the people you have given access.
Our maximum aggregate liability to you for any claims arising from or related to the Service shall not exceed the total fees you paid to The River POS in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless The River POS, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, including the conduct of the staff you give access to, and claims by your guests or customers relating to their property or to information you collected from them.
12. Termination & Cancellation
Either party may terminate this Agreement at any time. Upon termination or non-renewal:
- Your access to the Service is suspended at the end of the current billing period.
- For sixty (60) days after suspension, your data is retained in case you reactivate, and we will provide an export of it on request.
- After the 60-day grace period, your account’s data and your stored credentials are permanently deleted.
- Any outstanding fees remain due and payable.
We reserve the right to suspend or terminate accounts that violate these Terms without prior notice. We may also end the sessions of, or suspend, a login that is suspected of being compromised; we will notify you when this occurs.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will email the account owner, at the address on the account, a summary of the changes and a link to the updated Terms, and we will update the version number and effective date shown at the top of the Terms. You will not be asked to accept the updated Terms again: continuing to use the Service after we send that notice means you accept them. If you do not accept them, you may cancel under Section 12.
14. Governing Law & Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of such courts.
15. Contact
Questions about these Terms: support@theriverpos.com