Terms & Conditions

Effective Date: September 18, 2026
 

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you, the business or entity you represent (“Merchant,” “you,” or “your”), and Wiser POS System LLC (“WiserPOS,” “we,” “us,” or “our”).

These Terms govern your access to and use of WiserPOS websites, point-of-sale software, mobile and desktop applications, merchant portals, devices, integrations, APIs, reporting tools, business management tools, support services, payment-related integrations, and any other products or services we provide (collectively, the “Services”).

By creating an account, selecting “Accept,” using the Services, connecting a payment account, purchasing or using WiserPOS hardware, or otherwise accessing the Services, you acknowledge that you have read, understood, and agree to these Terms.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

Merchant Agreement

These Terms & Conditions, together with any applicable merchant onboarding application, pricing disclosure, Software & Services Fee disclosure, subscription or service plan, order form, hardware or equipment terms, payment authorization, Privacy Policy, Acceptable Use Policy, and other terms expressly incorporated by reference, constitute the Merchant Agreement between the Merchant and Wiser POS System LLC.
 

By submitting a merchant application, creating or activating a WiserPOS account, accepting applicable pricing, selecting “I Agree,” “Accept,” or a similar electronic acceptance mechanism, connecting or authorizing a payment account, purchasing or using WiserPOS hardware, or accessing or using the Services, the Merchant acknowledges that it has read, understood, and agrees to be legally bound by this Merchant Agreement.

If an individual accepts this Merchant Agreement on behalf of a business or other legal entity, that individual represents and warrants that they have authority to bind that entity to this Merchant Agreement.
 

Merchant-specific pricing, including applicable Software & Services Fees, subscription fees, hardware fees, implementation or setup fees, optional feature fees, and other disclosed charges, forms part of this Merchant Agreement when accepted by the Merchant.
 

Where applicable, the Merchant expressly authorizes WiserPOS and its Payment Processing Partner to calculate, collect, withhold, or deduct applicable WiserPOS fees from transaction proceeds, settlements, balances, or payouts in accordance with the Merchant’s accepted pricing arrangement and these Terms.

Electronic acceptance of this Merchant Agreement will have the same force and effect as a physical signature to the extent permitted by applicable law.
 

1. Business Use

WiserPOS provides point-of-sale technology, business software, merchant tools, hardware integrations, reporting capabilities, payment integrations, and related Services.

Unless expressly stated otherwise, the Services are intended primarily for legitimate business and commercial use.

You may not use the Services for personal, unlawful, fraudulent, deceptive, or unauthorized activities.
 

2. Eligibility

To use WiserPOS, you must:

• Be legally capable of entering into a binding agreement;

• Operate a lawful business;

• Provide accurate and complete information;

• Maintain any licenses, permits, registrations, or approvals required for your business;

• Comply with applicable laws and regulations; and

• Satisfy any eligibility or verification requirements applicable to Services you choose to use.

WiserPOS may decline, restrict, suspend, or terminate access to the Services when reasonably necessary to protect WiserPOS, our users, our partners, the payment ecosystem, or the public.
 

3. Merchant Account

You may be required to create a WiserPOS merchant account to access certain Services.

You agree to provide accurate, current, and complete information and to keep that information updated.

You are responsible for activity conducted through your account, including activity performed by your employees, administrators, representatives, contractors, or other authorized users.

You are responsible for determining which individuals should have access to your account and for assigning appropriate roles and permissions.

You must notify WiserPOS promptly if you believe your account, device, credentials, PIN, authentication method, or other security information has been compromised.

4. Account Security

You are responsible for maintaining the confidentiality and security of your:

• Username;

• Password;

• PIN;

• Authentication credentials;

• Devices;

• Administrative access;

• API credentials, where applicable; and

• Other account security information.

You may not share credentials in an unauthorized manner or permit unauthorized individuals to access the Services.

WiserPOS may require multi-factor authentication, identity verification, PIN verification, device verification, or other security measures.
 

5. WiserPOS Services

Depending on your subscription, account configuration, location, eligibility, or enabled features, WiserPOS may provide Services including:

• Point-of-sale functionality;

• Product and inventory management;

• Order management;

• Sales reporting;

• Employee management;

• Customer management;

• Receipt generation;

• Discounts and promotions;

• Membership or loyalty functionality;

• Payment integrations;

• Payment terminals and supported devices;

• Online ordering or commerce tools;

• Business analytics;

• Merchant reporting;

• Third-party integrations;

• APIs;

• Hardware management; and

• Related merchant technology.

Features may vary by plan, device, country, merchant category, integration, or availability.

WiserPOS may add, modify, discontinue, replace, or improve features from time to time.
 

6. Payment Processing Services

WiserPOS provides technology that may allow Merchants to access payment processing services provided by an authorized third-party Payment Processing Partner.

Payment processing services are provided subject to the Payment Processing Partner's eligibility requirements, onboarding procedures, verification requirements, risk policies, acceptable-use requirements, and applicable legal terms.

The Payment Processing Partner may have a separate and direct contractual relationship with you.

Your use of payment processing services may therefore be subject to additional agreements presented during onboarding or while enabling payment functionality.

WiserPOS is not a bank, card network, deposit-taking institution, or financial institution and does not represent itself as such.

Unless WiserPOS expressly states otherwise for a particular legally authorized service, WiserPOS provides the technology and platform functionality that connects Merchants with applicable payment services.
 

7. Authorization to Connect Your Payment Account

When you connect, create, enroll, or authorize a payment processing account through WiserPOS, you authorize WiserPOS to communicate with our Payment Processing Partner and access information reasonably necessary to provide the Services.

Depending on the Services you enable, this authorization may permit WiserPOS to:

• Connect your payment account to WiserPOS;

• Access merchant account information;

• Access transaction information;

• Access payment status information;

• Access settlement or payout information;

• Access refund and dispute information;

• Access information concerning payment devices;

• Submit authorized transaction instructions;

• Create or transmit payment-related requests;

• Capture, cancel, refund, or otherwise manage transactions when requested or authorized by you;

• Configure supported payment functionality;

• Assist with payment-related support;

• Receive information used for risk, fraud, or compliance purposes;

• Reconcile transactions;

• Generate reports;

• Calculate, collect, withhold, or deduct applicable WiserPOS Software & Services Fees;

• Perform other payment-related activities reasonably necessary to provide functionality you have enabled.

You expressly authorize WiserPOS to perform such activities on your behalf to the extent necessary to provide the Services you request.

WiserPOS will not knowingly use your connected payment account to perform activity that you have not authorized or that is unrelated to providing the Services, except where required by law, security obligations, fraud prevention, or enforcement of these Terms.
 

8. Payment Account Data

You authorize WiserPOS and our Payment Processing Partner to exchange information concerning you, your business, your connected payment account, your transactions, and related activity where reasonably necessary to provide the Services.

This information may include merchant information, representatives, transaction information, customer transaction information, disputes, refunds, payment devices, account activity, risk information, payment status, and other information associated with Services you use.

WiserPOS may use this information to:

• Operate the Services;

• Provide merchant reporting;

• Reconcile transactions;

• Provide customer support;

• Administer, calculate, collect, and reconcile applicable WiserPOS Software & Services Fees;

• Maintain security;

• Detect fraud;

• Investigate suspicious transactions;

• Manage payment integrations;

• Comply with applicable laws;

• Comply with payment ecosystem requirements; and

• Enforce these Terms.

Our collection and use of personal information is also governed by the WiserPOS Privacy Policy.
 

9. Payment Processing Partner Requirements

You agree to comply with reasonable requirements imposed by our Payment Processing Partner in connection with payment processing services you use.

The Payment Processing Partner may independently:

• Approve or reject merchant accounts;

• Request additional information;

• Verify identity or business information;

• Establish transaction limits;

• Review transactions;

• Investigate suspected fraud;

• Restrict certain payment methods;

• Establish reserve requirements where legally permitted;

• Delay or restrict settlements;

• Manage disputes and chargebacks;

• Suspend payment processing;

• Terminate payment services; or

• Take other actions permitted under its applicable agreements, risk policies, card-network requirements, or law.

Such decisions may be made independently by the Payment Processing Partner.

To the maximum extent permitted by law, WiserPOS is not responsible for actions independently taken by a Payment Processing Partner, financial institution, bank, card network, issuing institution, acquiring institution, or other third-party financial service provider.
 

10. Merchant Responsibility for Transactions

You are the business responsible for the products or services you sell to your customers.

You are responsible for:

• Accurately describing your goods and services;

• Establishing your prices;

• Delivering goods and services;

• Providing customer service;

• Issuing legally required receipts;

• Handling customer complaints;

• Establishing lawful refund policies;

• Providing refunds when required;

• Maintaining required licenses and permits;

• Collecting and remitting applicable taxes;

• Complying with consumer-protection laws;

• Complying with laws applicable to your business;

• Obtaining appropriate authorization for transactions; and

• Maintaining appropriate records.

WiserPOS is not the seller of your products or services and does not assume responsibility for obligations between you and your customers.
 

11. Refunds, Disputes, and Chargebacks

You are responsible for legitimate refunds, returns, cancellations, disputes, and chargebacks relating to transactions involving your business.

A customer or financial institution may challenge or reverse a transaction in accordance with applicable payment rules.

You agree to cooperate with WiserPOS and our Payment Processing Partner when information or documentation is reasonably requested concerning a transaction, refund, dispute, fraud investigation, or chargeback.

You are responsible for losses, fees, chargebacks, refunds, reversals, penalties, or other amounts attributable to your transactions or business activities except to the extent applicable law or a separate written agreement expressly provides otherwise.

WiserPOS does not guarantee that any dispute or chargeback will be resolved in your favor.
 

12. Settlement and Payouts

Settlement and payout timing may depend on the Payment Processing Partner, financial institutions, card networks, transaction type, merchant category, account status, risk review, weekends, holidays, applicable laws, and other factors.

Any estimated settlement or payout time displayed by WiserPOS is informational unless expressly guaranteed in writing.

WiserPOS is not responsible for delays caused by a Payment Processing Partner, bank, card network, financial institution, compliance review, fraud investigation, governmental action, technical issue outside WiserPOS's reasonable control, or other third-party event.
 

13. Software & Services Fees

You agree to pay all fees applicable to the WiserPOS Services, products, functionality, integrations, hardware, or other services you select or use.

WiserPOS may assess a single bundled fee, referred to as the “Software & Services Fee,” in connection with the Merchant’s use of the WiserPOS software, applications, platform, payment functionality, services, integrations, technology, and related features.

The Software & Services Fee may include, without limitation:

• Software fees;

• Application fees;

• Platform fees;

• Transaction-related fees;

• Technology fees;

• Service fees;

• Administrative fees;

• Integration fees;

• Optional feature fees;

• Subscription-related fees; and

• Other applicable fees charged by WiserPOS.

These fees may be combined and presented as one bundled Software & Services Fee and are not required to be separately itemized unless required by applicable law or expressly agreed to in writing by WiserPOS.

The Software & Services Fee may be calculated as a percentage of a transaction, a fixed amount, a recurring amount, a usage-based amount, or any combination thereof, depending on the Merchant’s pricing arrangement and the Services, products, features, or functionality used.

Applicable fees and pricing may be disclosed through the Merchant’s plan, order form, merchant dashboard, checkout process, pricing page, written agreement, electronic communication, or other applicable disclosure provided by WiserPOS.

Where authorized and technically supported, the Merchant expressly authorizes WiserPOS and its Payment Processing Partner to calculate, collect, withhold, and deduct the Software & Services Fee automatically from transaction proceeds, settlements, balances, or payouts before funds are made available or paid to the Merchant.
 

13.1 Third-Party Processing and Other Fees

The Software & Services Fee represents fees charged by WiserPOS. Fees separately imposed by a Payment Processing Partner, financial institution, bank, card network, payment network, governmental authority, or other third party may be charged separately and are not necessarily included in the Software & Services Fee, unless WiserPOS expressly states otherwise.

The Merchant remains responsible for all applicable third-party processing fees, chargebacks, disputes, refunds, assessments, taxes, penalties, and other charges associated with the Merchant’s account, transactions, or use of the Services where applicable.
 

14. Subscription Billing

Certain WiserPOS Services are provided through recurring subscriptions.

By enrolling in a recurring subscription, you authorize WiserPOS to charge the applicable recurring subscription fee using your authorized payment method until the subscription is canceled or terminated.

Subscription pricing, billing frequency, included functionality, and applicable charges will be disclosed when you subscribe.

Unless otherwise stated in your plan or agreement, subscriptions automatically renew for successive billing periods until canceled.

You remain responsible for amounts incurred before the effective date of cancellation.
 

15. Changes to Pricing

WiserPOS may modify subscription prices, Software & Services Fees, transaction-related fees, platform fees, pricing structures, or other applicable charges from time to time.

For material changes to recurring fees, WiserPOS will provide reasonable advance notice when required by applicable law or contract

Continued use of the affected paid Service after the new pricing becomes effective constitutes acceptance of the updated pricing, subject to applicable law.

16. Taxes

Unless expressly stated otherwise, WiserPOS fees do not include taxes that may be imposed on your purchase or use of the Services.

You are responsible for applicable sales, use, excise, value-added, or similar taxes associated with your business or use of the Services, except taxes imposed on WiserPOS's own net income.

You are independently responsible for determining, collecting, reporting, and remitting taxes associated with transactions between you and your customers.

WiserPOS software or integrations may provide tools that assist with tax calculations, but such functionality does not constitute legal, tax, or accounting advice.
 

17. Prohibited and Restricted Activities

You may not use WiserPOS to engage in or facilitate activity that is illegal, fraudulent, abusive, deceptive, harmful, or prohibited by applicable law.

You also agree not to use the Services to:

• Conduct transactions involving illegal goods or services;

• Process transactions for another undisclosed merchant;

• Misrepresent your identity or business;

• Process fraudulent or unauthorized transactions;

• Circumvent payment restrictions;

• Launder money;

• Artificially manipulate payment activity;

• Engage in deceptive transaction practices;

• Evade chargeback monitoring;

• Interfere with security controls;

• Introduce malware or malicious code;

• Attempt unauthorized system access;

• Perform unlawful surveillance;

• Infringe intellectual property rights;

• Violate applicable card-network requirements; or

• Use the Services for activities prohibited by an applicable Payment Processing Partner.

Certain otherwise lawful business categories may require additional approval before payment functionality can be provided.

WiserPOS may restrict or prohibit categories of business where reasonably necessary to comply with law, payment partner requirements, card-network requirements, risk obligations, or WiserPOS policies.
 

18. Fraud and Suspicious Activity

You must not knowingly permit fraudulent or unauthorized use of WiserPOS.

WiserPOS may monitor account and transaction activity to detect fraud, security threats, unusual activity, unauthorized access, or violations of these Terms.

Where reasonably necessary, WiserPOS may:

• Request additional information;

• Require identity or business verification;

• Restrict account functionality;

• Disable specific users or devices;

• Temporarily suspend an account;

• Restrict transactions;

• Cooperate with our Payment Processing Partner;

• Preserve relevant information; or

• Report activity where legally required.
   

19. PCI and Payment Security

Merchants must comply with applicable payment-card security requirements associated with their business and payment environment.

You may not intentionally store prohibited sensitive authentication information through WiserPOS.

You must use supported payment equipment and payment functionality in accordance with applicable security requirements.

You may not modify, tamper with, reverse engineer, or circumvent security functionality built into supported payment devices or payment integrations.
 

20. Hardware and Devices

WiserPOS may sell, rent, lease, lend, or otherwise provide compatible hardware and devices.

Hardware terms may vary depending on the applicable order or plan.

Where equipment remains the property of WiserPOS, you must:

• Use the equipment appropriately;

• Take reasonable precautions against theft or damage;

• Not sell or transfer the equipment without authorization;

• Not intentionally modify or disable security functionality; and

• Return the equipment when required under the applicable plan or agreement.

You may be responsible for replacement costs for equipment that is lost, stolen, intentionally damaged, or not returned when required.

Third-party hardware may be subject to separate manufacturer warranties and terms.
 

21. Software License

Subject to your compliance with these Terms and payment of applicable fees, WiserPOS grants you a limited, non-exclusive, non-transferable, revocable right to access and use WiserPOS software solely for your authorized business operations during the period in which your account remains active.

You do not acquire ownership of WiserPOS software.

You may not:

• Copy or reproduce WiserPOS software except as expressly permitted;

• Sell, sublicense, rent, or redistribute WiserPOS software;

• Reverse engineer the software except where applicable law expressly permits it;

• Circumvent technical or security restrictions;

• Use WiserPOS intellectual property to create a competing service;

• Remove proprietary notices; or

• Access the Services for unauthorized competitive analysis or unlawful purposes.
   

22. Intellectual Property

WiserPOS and its licensors retain all rights, title, and interest in and to the Services, including software, interfaces, designs, documentation, branding, logos, databases, technology, APIs, features, workflows, and other intellectual property.

Except for the limited rights expressly granted under these Terms, no rights are transferred to you.

You retain ownership of your business content and data subject to the rights reasonably necessary for WiserPOS to provide the Services.
 

23. Merchant Content

You may provide product information, business information, photographs, logos, menus, descriptions, customer information, or other content through the Services.

You represent that you have the rights necessary to use and provide such content.

You grant WiserPOS a limited license to host, reproduce, process, display, transmit, and otherwise use that content to the extent reasonably necessary to provide, secure, maintain, and support the Services.
 

24. Privacy and Data Protection

Our handling of personal information is described in the WiserPOS Privacy Policy.

You are independently responsible for complying with privacy and data-protection requirements applicable to your business and your relationship with customers and employees.

If you collect personal information using WiserPOS, you must provide required notices and obtain any consents or permissions required by applicable law.

You authorize WiserPOS to process information according to your instructions, these Terms, our Privacy Policy, applicable law, and as reasonably necessary to operate and protect the Services.
 

25. Third-Party Services

WiserPOS may integrate with services, applications, networks, hardware, financial services, or technology supplied by third parties.

Your use of a third-party service may be governed by that provider's own terms and policies.

WiserPOS does not control and is not responsible for independent acts, omissions, availability, security, decisions, or performance of third parties outside WiserPOS's reasonable control.

We may modify, replace, suspend, or discontinue a third-party integration if the provider changes its services, requirements, APIs, availability, contractual relationship, or technical compatibility.
 

26. Service Availability

WiserPOS strives to provide reliable Services but does not guarantee uninterrupted or error-free operation.

Services may occasionally become unavailable because of:

• Maintenance;

• Updates;

• Internet outages;

• Network failures;

• Payment-network interruptions;

• Third-party service failures;

• Hardware issues;

• Cybersecurity incidents;

• Emergency maintenance;

• Government action;

• Events outside our reasonable control; or

• Other technical conditions.

Where reasonably possible, WiserPOS will work to restore affected functionality.
 

27. Updates and Modifications to the Services

We may update the Services to improve performance, security, functionality, compatibility, or legal compliance.

Updates may modify or discontinue certain functionality.

Where practicable, WiserPOS will provide reasonable notice before materially discontinuing a significant paid feature, except when immediate action is reasonably necessary for security, legal compliance, payment-partner requirements, or circumstances outside our control.
 

28. Suspension

WiserPOS may temporarily suspend or restrict Services when reasonably necessary because of:

• Suspected fraud;

• Security risks;

• Unauthorized access;

• Nonpayment;

• Excessive disputes or chargebacks;

• Illegal activity;

• Material violation of these Terms;

• Payment-partner requirements;

• Card-network requirements;

• Governmental or legal requirements;

• Threats to WiserPOS systems;

• Risk to customers or other merchants; or

• Information reasonably suggesting misuse of the Services.

Where appropriate and legally permissible, WiserPOS may provide notice and an opportunity to resolve the issue.
 

29. Termination

You may stop using the Services and terminate your WiserPOS account subject to any applicable subscription, hardware, outstanding-payment, contractual, or notice obligations.

WiserPOS may terminate or discontinue Services if:

• You materially violate these Terms;

• Required fees remain unpaid;

• Your activity creates material fraud or security risk;

• Your business becomes prohibited;

• Continuing to provide Services would violate applicable law;

• A required third-party relationship is terminated;

• A Payment Processing Partner requires termination of payment-related functionality; or

• WiserPOS discontinues the applicable Service.

Termination of WiserPOS does not automatically eliminate obligations you have separately to a Payment Processing Partner or other third party.
 

30. Effect of Termination

Upon termination:

• Your right to use affected WiserPOS Services ends;

• Outstanding fees remain payable;

• WiserPOS-owned hardware must be returned when required;

• Certain integrations may stop functioning;

• Payment functionality may be disconnected;

• Certain data may be retained as required or permitted by law; and

• Provisions intended to survive termination will remain effective.

Sections relating to fees, intellectual property, confidentiality, disputes, liability, indemnification, data retention, and other provisions that by their nature should survive will continue after termination.
 

31. Confidentiality

Each party may receive confidential or proprietary information belonging to the other.

The receiving party will use reasonable measures to protect confidential information and will use it only for legitimate purposes associated with the business relationship.

Confidential information does not include information that is publicly available through no breach of these Terms, independently developed without use of confidential information, or lawfully obtained from another source without confidentiality restrictions.
Disclosure may be made where required by applicable law or legal process.
 

32. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WISERPOS DISCLAIMS WARRANTIES THAT ARE NOT EXPRESSLY PROVIDED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.

WISERPOS DOES NOT GUARANTEE THAT:

• THE SERVICES WILL ALWAYS BE AVAILABLE;

• THE SERVICES WILL ALWAYS BE ERROR-FREE;

• EVERY TRANSACTION WILL BE APPROVED;

• A PAYMENT PROCESSING PARTNER WILL ACCEPT OR CONTINUE SERVING A MERCHANT;

• A DISPUTE OR CHARGEBACK WILL BE RESOLVED IN A MERCHANT'S FAVOR; OR

• THIRD-PARTY SERVICES WILL REMAIN AVAILABLE.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
 

33. Liimitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISERPOS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, YOUR WISERPOS ACCOUNT, OR YOUR USE OF OR INABILITY TO USE THE SERVICES.

THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM LOST PROFITS, LOST REVENUE, LOST SALES, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, SYSTEM DOWNTIME, LOSS OF CUSTOMERS, TRANSACTION DELAYS OR FAILURES, PAYMENT OR SETTLEMENT DELAYS, OR THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISERPOS'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, YOUR WISERPOS ACCOUNT, WISERPOS SOFTWARE, APPLICATIONS, HARDWARE, INTEGRATIONS, PAYMENT-RELATED FUNCTIONALITY, OR ANY OTHER WISERPOS PRODUCT OR SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO WISERPOS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

THIS AGGREGATE LIMIT APPLIES TO ALL CLAIMS COLLECTIVELY AND WILL NOT BE INCREASED BECAUSE MORE THAN ONE CLAIM, INCIDENT, TRANSACTION, SERVICE, PRODUCT, PARTY, OR LEGAL THEORY IS INVOLVED.
 

To the maximum extent permitted by applicable law, WiserPOS will not be responsible for losses, damages, delays, interruptions, or other claims arising from circumstances outside WiserPOS's reasonable control, including actions, omissions, restrictions, suspensions, account reviews, reserves, holds, declines, delayed settlements, delayed payouts, chargebacks, reversals, refunds, disputes, or other decisions made by Payment Processing Partners, banks, financial institutions, card networks, payment networks, telecommunications providers, internet providers, governmental authorities, or other independent third parties.

WiserPOS will also not be responsible, to the maximum extent permitted by applicable law, for losses resulting from Merchant errors, unauthorized activity attributable to the Merchant or its users, compromised Merchant credentials, failure to maintain appropriate security controls, misuse of the Services, unsupported or improperly configured equipment, third-party applications or integrations, internet or telecommunications failures, electrical outages, banking or payment-network interruptions, or other events outside WiserPOS's reasonable control.
 

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER A CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, WARRANTY, INDEMNITY, EQUITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WISERPOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited under applicable law. If applicable law does not permit a particular exclusion or limitation contained in this Section, that exclusion or limitation will apply to the maximum extent permitted by law, and the remaining provisions of this Section will continue in full force and effect.
 

34. Third-Party Payment and Financial Services

To the maximum extent permitted by law, WiserPOS will not be responsible for losses resulting solely from independent actions or decisions of a Payment Processing Partner, bank, financial institution, card network, telecommunications provider, internet provider, third-party integration, or other independent third party outside WiserPOS's reasonable control.

This may include:

• Payment declines;

• Settlement delays;

• Payout delays;

• Account reviews;

• Reserve requirements;

• Payment-account suspensions;

• Bank holds;

• Chargeback determinations;

• Network outages;

• Third-party service interruptions; or

• Third-party compliance decisions.

This provision does not limit WiserPOS's responsibility for WiserPOS's own obligations where liability cannot legally be excluded.
 

35. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless WiserPOS and its officers, directors, employees, affiliates, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, penalties, damages, judgments, and reasonable costs and expenses, including reasonable attorneys' fees, arising from or relating to:

• Your products or services;

• Your transactions;

• Your customer relationships;

• Your violation of these Terms;

• Your violation of applicable law;

• Fraudulent or unauthorized activity attributable to your business or users;

• Your infringement of third-party rights;

• Your failure to provide required refunds;

• Your taxes;

• Your content;

• Your misuse of the Services; or

• Actions taken through accounts or credentials under your control.

This indemnification obligation does not apply to the extent a claim results from WiserPOS's own fraud, willful misconduct, or other conduct for which liability cannot legally be excluded.
 

36. No Legal, Tax, or Accounting Advice

Information, reports, calculations, software functionality, or other materials available through WiserPOS are provided as business technology tools.

WiserPOS does not provide legal, accounting, or tax advice.

You should consult appropriate professional advisors regarding laws, taxes, accounting obligations, employment matters, or regulatory requirements applicable to your business.

 

37. Electronic Communications and Consent

You agree that WiserPOS may provide agreements, notices, disclosures, receipts, statements, updates, and other communications electronically where permitted by law.

Electronic communications may be provided through:

• Email;

• Your merchant dashboard;

• The WiserPOS application;

• Website notices; or

• Other electronic means associated with your account.

You are responsible for maintaining current contact information.
 

38. Changes to These Terms

WiserPOS may update these Terms periodically to reflect changes to the Services, business practices, security requirements, payment-partner requirements, or applicable law.

We will update the Effective Date when these Terms change.

Where required by applicable law, we will provide reasonable notice before a material change becomes effective.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms, subject to any rights provided by applicable law.
 

39. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles, except where applicable law requires otherwise.
 

40. Dispute Resolution

Before commencing formal legal proceedings, you and WiserPOS agree to make a reasonable good-faith effort to resolve disputes informally.

A party seeking to raise a dispute should provide written notice describing the dispute and the requested resolution.

Notices to WiserPOS concerning legal disputes may be sent to:

support@wiserpos.com

Nothing in this section prevents either party from seeking emergency or injunctive relief where necessary to protect intellectual property, confidential information, account security, or prevent imminent harm.

Unless otherwise required by applicable law or separately agreed in writing, courts located within the Commonwealth of Massachusetts will have jurisdiction over disputes arising from these Terms.
 

41. Force Majeure

WiserPOS will not be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, governmental actions, internet failures, telecommunications failures, electrical outages, payment-network failures, banking interruptions, epidemics, cyberattacks by third parties, or failures of third-party infrastructure.
 

42. Assignment

You may not assign or transfer your rights or obligations under these Terms without WiserPOS's prior written consent.

WiserPOS may assign these Terms in connection with a merger, acquisition, corporate restructuring, financing, sale of assets, or transfer of the applicable business or Services.
 

43. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent legally permitted and the remaining provisions will remain in effect.

44. No Waiver

Failure by WiserPOS to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision later.
 

45. Entire Agreement

These Terms, together with the WiserPOS Privacy Policy, applicable order forms, plan terms, hardware terms, and other agreements expressly incorporated by reference, constitute the agreement between you and WiserPOS concerning the Services covered by them.

Additional terms presented in connection with a particular Service, integration, or third-party provider may also apply to that Service.
 

46. Contact Us

Questions regarding these Terms & Conditions may be sent to:

Wiser POS System LLC
Email: support@wiserpos.com

© 2026 Wiser POS System LLC. All rights reserved.

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