These Terms of Service govern the use of Fran-Trak by businesses. How the Fran-Trak POS app handles information is described in the Fran-Trak POS Privacy Policy.

1. Who we are and definitions

These Terms of Service (the "Terms") are an agreement between Fortibus, Inc. ("Fortibus", "we", "us") and the business that orders or uses Fran-Trak (the "Customer", "you"). Fran-Trak is a product of Fortibus.

Words used throughout:

• Service: the Fran-Trak point of sale and back office, including the web portal, the Fran-Trak POS tablet application, the on-premise worker software, online ordering and mobile ordering features, reporting, and the Concierge assistant, together with updates and documentation.
• Plan: the subscription tier and any add-ons the Customer has ordered, as described on the order page or in a written quote at the time of ordering.
• Hardware: tablets, printers, cash drawers, card readers, PIN pads, stands and other equipment Fortibus sells or supplies to the Customer.
• Authorized User: a person the Customer allows to use the Service: portal users, POS employees who sign in on a tablet with a PIN, and Delegates.
• Delegate: a person the Customer invites to complete one or more setup steps on the Customer's behalf.
• Customer Data: all data the Customer or its Authorized Users enter into or generate through the Service, including menu, pricing, sales, tax, employee and customer records, and the content of uploaded files such as menu photos.
• Processor: a third-party payment processor the Customer uses through the Service, currently Stripe or Datacap, under that processor's own agreement with the Customer.
• Order: the Customer's selection of Plan, add-ons and Hardware placed on the order page or in a written quote, and confirmed by Fortibus.

2. Acceptance and authority

The Customer accepts these Terms by placing an Order, by ticking the acceptance box in the Getting Started setup, by signing in to the Service, or by using it. Whichever comes first.

2.1 The person accepting confirms they are authorized to bind the Customer, which is a business, not a consumer. The Service is offered to businesses only.

2.2 The Customer is responsible for every Authorized User and Delegate it lets into the Service, and for making sure each of them follows these Terms.

2.3 Fortibus records the date, time and account that accepted these Terms and will provide that record on request.

2.4 If the Customer has a separately signed agreement with Fortibus, that agreement controls where the two conflict.

3. The Service

Fortibus gives the Customer a non-exclusive, non-transferable right to use the Service for the Customer's own business during the term, for the number of stores and registers in the Plan.

3.1 What is included. The web portal for setup, menus, people and reporting; the Fran-Trak POS application on enrolled tablets; the on-premise worker where the Customer's register or systems need it; online ordering, mobile ordering and marketplace features where the Plan includes them; and the Concierge assistant described in section 8.

3.2 Enrolled devices. Tablets are enrolled with one-time codes issued by the Customer. Each enrolled tablet is a register under the Plan. The Customer is responsible for deactivating a tablet it no longer controls.

3.3 Changes to the Service. Fortibus improves the Service continuously and may add, change or retire features. Fortibus will give at least 30 days' notice before retiring a feature the Customer's Plan depends on, unless the change is required for security or by law.

3.4 Beta features. Features marked beta, preview or early access are provided as they are, may change or be withdrawn without notice, and are excluded from any availability target.

3.5 Restrictions. The Customer will not resell, sublicense or share the Service with anyone other than its Authorized Users; copy, modify, reverse engineer or build a competing product from it; use it to store or send unlawful content; or probe, scan or test the security of the Service without Fortibus's written permission.

4. Accounts, users, POS employees and delegates

The Customer owns its account and is responsible for who gets in and what they do.

4.1 Sign-in methods. The Service uses email verification codes for setup, usernames and passwords for the portal, and PINs for POS employees on tablets. The Customer will keep these confidential, use PINs that are not shared between employees, and tell Fortibus promptly at the address in section 19 if it suspects unauthorized access.

4.2 Roles. The Customer decides which Authorized Users are administrators, store owners, store managers or POS employees, and what each may do. Fortibus is not responsible for actions taken by an account the Customer created or left active.

4.3 Delegates. The Customer may invite a Delegate to complete named setup steps. A Delegate sees and changes only those steps. The Customer remains responsible for what a Delegate enters and can withdraw the invitation at any time.

4.4 Fortibus support access. Fortibus staff may access the Customer's account to provide support, investigate a problem or as required by law, and will limit that access to what the task needs.

4.5 Accurate information. The Customer will keep its business name, addresses, tax settings, contact details and payment details accurate. Tax rates in particular are the Customer's responsibility; the Service applies the rates the Customer enters.

5. Plans, fees, hardware and billing

The Customer pays the monthly fees for its Plan and add-ons, and the one-time price of any Hardware, at the prices shown when the Order was placed or in the written quote.

5.1 Ordering. Placing an Order on the order page does not charge the Customer. Fortibus confirms the Order, the prices and the ship date in writing before anything is charged or shipped. The Order becomes binding on that confirmation.

5.2 Subscription. Plans are billed monthly in advance from the date Fortibus confirms the first store is live, or 30 days after Hardware ships, whichever is earlier. Add-ons requested from inside the Service are added to the next invoice once Fortibus confirms them. Plans are month to month with no minimum term. Fortibus may also offer a 12-month term, on the price and terms stated in the Order.

5.3 Extra stores and registers. Each additional store or register beyond the Plan is billed at the per-store or per-register rate on the order page.

5.4 Payment. Fees are due on receipt of invoice and are paid by card or bank transfer. Late amounts accrue interest at 1.5 percent per month or the highest rate allowed by law, whichever is lower. Fortibus may suspend the Service after 15 days' written notice of non-payment.

5.5 Taxes. Prices exclude sales, use and similar taxes, which the Customer pays unless it provides a valid exemption certificate.

5.6 Price changes. Fortibus may change subscription prices with at least 30 days' written notice. The new price applies from the next billing date after the notice period. The Customer may cancel before then without penalty.

5.7 Hardware. Title to Hardware passes on payment in full; risk of loss passes on delivery. Hardware carries the manufacturer's warranty, which Fortibus passes through; Fortibus gives no additional warranty on Hardware. Unopened Hardware may be returned within 30 days of delivery for a refund less shipping.

5.8 Refunds. Subscription fees are not refunded for a partial month. Fees for a Plan the Customer cancels stop at the end of the current billing period.

6. Payment processing, gift cards and chargebacks

Card payments are processed by a Processor under the Customer's own account with that Processor. Fortibus is not a bank, payment processor or money transmitter, and never holds the Customer's funds.

6.1 Stripe. Where the Customer chooses Stripe, the Customer opens a Stripe connected account through the Service and accepts the Stripe Connected Account Agreement and Stripe Services Agreement. Stripe decides whether to approve the account, when to pay out, and may hold or reverse funds under its own terms. Fortibus receives a platform fee from Stripe on each transaction where the Plan says so.

6.2 Datacap. Where the Customer chooses Datacap, the Customer has its own merchant account with a processor of its choice, and Datacap relays transactions to it. The Customer's merchant agreement governs rates, funding and disputes. Fortibus configures the connection and the PIN pads but is not a party to that agreement.

6.3 Merchant of record. The Customer is the merchant of record for every sale rung through the Service and is responsible for its pricing, receipts, refunds, taxes and compliance with card network rules.

6.4 Card data. Card numbers are captured by the Processor's certified readers and never stored by the Service. The Customer will not key card numbers into any other field of the Service.

6.5 Chargebacks and disputes. Chargebacks, refunds and disputes are between the Customer, its customer and the Processor. Fortibus will provide the transaction records it holds to help the Customer respond.

6.6 Gift cards and house accounts. Where the Customer enables gift cards or house accounts, the Customer issues them, is responsible for honoring them and for any escheat or consumer law obligations that attach to them.

6.7 Cash. The Service records cash sales, drawer events and tips as entered by the Customer's staff; Fortibus makes no representation about the accuracy of amounts entered by people.

7. Customer data

The Customer owns Customer Data. Fortibus processes it only to provide, secure and improve the Service, and as the Customer instructs.

7.1 License to Fortibus. The Customer grants Fortibus a license to host, copy, process, transmit and display Customer Data as needed to provide the Service, to provide support, to prevent fraud and abuse, and to comply with law. Fortibus does not sell Customer Data.

7.2 Data about other people. Customer Data includes information about the Customer's employees (names, PINs, hours) and its customers (orders, names, contact details for online orders). The Customer is the controller of that data, is responsible for having the right to collect it and to give it to Fortibus, and for any notices or consents its own customers and staff are owed.

7.3 Aggregated data. Fortibus may use data about how the Service is used, and Customer Data in aggregated or de-identified form that does not identify the Customer or any person, to operate and improve the Service and to produce industry statistics.

7.4 Security. Fortibus uses industry-standard measures appropriate to the data, including encryption in transit, access controls, logging and regular backups. No system is perfectly secure; the Customer will also keep its own devices, credentials and network reasonably secure.

7.5 Breach notice. If Fortibus becomes aware of unauthorized access to Customer Data, it will notify the Customer without undue delay and no later than 72 hours after confirming it, with what it knows and what it is doing.

7.6 Where data lives. The Service is hosted in the United States. If the Customer has customers or staff outside the United States, it is responsible for whether that transfer is permitted.

7.7 Export. The Customer can export its menu, sales and reporting data from the Service at any time during the term, and for 30 days after termination.

7.8 Deletion. After that 30-day period Fortibus will delete or de-identify Customer Data within 90 days, except copies in routine backups that expire on their own schedule, and records Fortibus must keep by law or for tax and dispute purposes.

7.9 Subprocessors. Fortibus uses cloud infrastructure and service providers (currently Amazon Web Services for hosting, Google for the AI features in section 8, and the Processors) to deliver the Service. A current list is available on request.

7.10 Data processing addendum. Customers that need one may sign Fortibus's standard Data Processing Addendum, which then forms part of these Terms.

8. AI features

The Service includes an assistant, the Concierge, and features that read documents such as menu photos. They help; they do not decide. The Customer reviews and approves what they produce before it is saved.

8.1 Where processing happens. When the Customer's browser can run Google's built-in on-device model, questions to the Concierge are answered on the Customer's own computer and nothing typed there leaves it. Otherwise, and always for reading photos and documents, the request is processed on Fortibus's servers using Google's Gemini models under Fortibus's agreement with Google. The Customer can see which is in use and switch to server processing at any time.

8.2 What is sent. For server processing Fortibus sends the question or file, the setup guide, and the parts of the Customer's setup the answer needs, such as store names, tax lines, departments, menu items and staff first names. Fortibus does not send email addresses, passwords, PINs, card data or bank details to the model.

8.3 No training on Customer Data. Under Fortibus's agreement with Google, content processed through these features is not used to train Google's models. Fortibus does not use Customer Data to train models of its own.

8.4 Outputs. AI outputs can be wrong, incomplete or out of date. Prices, tax rates, department assignments and any figures read from a photo are proposals until the Customer confirms them. The Concierge does not give tax, legal or accounting advice. The Customer is responsible for what it saves and for the sales it rings.

8.5 Uploaded content. The Customer confirms it has the right to upload the photos and documents it submits. Fortibus keeps uploaded files only as long as needed to produce the result and to support the Customer, and does not publish them.

8.6 Opting out. The Customer may choose not to use the AI features; every task they perform can also be done by hand in the portal.

9. Third-party services

Parts of the Service connect to companies Fortibus does not control. Their terms apply to the Customer's use of them, and Fortibus is not responsible for their acts, omissions or availability.

9.1 A third party may change or end its service, its prices or its API. Fortibus will make reasonable efforts to adapt, but a feature that depends on a third party may change or stop as a result, and that is not a breach by Fortibus.

9.2 Where the Customer connects its own accounts (a marketplace, a merchant account, a delivery service), the Customer is responsible for those accounts and for what it authorizes Fortibus to do with them.

10. Acceptable use

The Customer will use the Service lawfully and for running its own business.

The Customer will not, and will not allow anyone to:

• use the Service to break any law, including tax, consumer protection, employment, privacy, alcohol, tobacco or lottery laws that apply to what it sells;
• ring sales the Customer did not make, or use the Service to launder money or evade tax;
• upload content that is unlawful, infringing, or contains malware;
• send marketing messages through the Service to people who have not agreed to receive them, or in breach of TCPA, CAN-SPAM or similar rules;
• interfere with the Service, its security or other customers, or use automated means to extract data beyond the exports the Service provides;
• misrepresent who it is, or let a person who is not an Authorized User act in the Service.

Fortibus may suspend an account, a user or a feature immediately where it reasonably believes this section is being breached or the Service or other customers are at risk, and will tell the Customer why as soon as it safely can.

11. Intellectual property and feedback

Fortibus owns the Service; the Customer owns its data and its brand.

11.1 Fortibus and its licensors own all rights in the Service, its software, design, documentation and the Fran-Trak and Fortibus names and marks. These Terms give the Customer a right to use the Service, not ownership of any part of it.

11.2 The Customer owns its own business name, logo, menu content and Customer Data. The Customer grants Fortibus a license to display its name and logo inside the Service, on receipts and ordering pages, and in the mobile app, for the Customer's own use of the Service.

11.3 Fortibus may list the Customer's business name and logo as a customer in marketing materials only with the Customer's written consent.

11.4 Suggestions and feedback the Customer gives about the Service may be used by Fortibus freely and without obligation.

11.5 Open-source components in the Service are licensed under their own terms, which do not restrict the Customer's use of the Service.

12. Support, maintenance and availability

Fortibus supports the Service by email on business days, keeps it updated, and aims to keep it available around the clock.

12.1 Support. Every Plan includes email support on business days, United States Pacific time. Plans with priority support get a first response target of four business hours. Support covers the Service; it does not cover the Customer's network, third-party accounts or general business advice.

12.2 Maintenance. Fortibus updates the Service and the tablet app regularly. Planned maintenance that interrupts the Service is scheduled outside common trading hours and announced in advance where practical.

12.3 Availability target. Fortibus targets 99.5 percent monthly availability of the portal and the tablet sync service, excluding planned maintenance, third-party outages and events outside Fortibus's control. The tablet keeps ringing sales while offline and syncs when the connection returns, so a sync outage does not stop the register.

12.4 The Customer's part. The Customer provides the internet connection, a suitable network at each store, power, and the day-to-day care of the Hardware, and keeps the tablet app updated when prompted.

12.5 Onboarding. Setup is self-serve through Getting Started, with the Concierge and email support available. Paid onboarding services, data migration or training, where offered, are quoted separately.

13. Warranties and disclaimers

Fortibus promises to provide the Service with reasonable skill and care and substantially as described. Beyond that, the Service is provided as it is.

13.1 Fortibus warrants that it has the right to grant the rights in these Terms, and that the Service will perform materially as described in its documentation. The Customer's remedy for a breach of this warranty is for Fortibus to fix the problem, or, if Fortibus cannot within a reasonable time, for the Customer to terminate and receive a refund of prepaid fees for the unused period.

13.2 Except as stated in 13.1, Fortibus disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted or error-free.

13.3 The Customer is responsible for the accuracy of what it enters and approves, including prices, tax rates, menu items, employee records and payment settings, and for complying with the laws that apply to its business. Fortibus does not warrant that the Service's tax, payroll, tip or reporting features meet the requirements of any jurisdiction.

13.4 Hardware is covered only by the manufacturer's warranty, passed through under section 5.7.

13.5 Some states do not allow the exclusion of implied warranties; where that is the case, the exclusions apply to the extent permitted.

14. Limitation of liability

Each side's liability to the other is capped at what the Customer paid in the year before the claim, and neither side is liable for indirect losses.

14.1 To the extent permitted by law, neither Fortibus nor the Customer is liable to the other for lost profits, lost revenue, lost data, business interruption, cost of substitute services, or any indirect, incidental, special, consequential or punitive damages, however caused and under any theory of liability, even if advised of the possibility.

14.2 To the extent permitted by law, Fortibus's total liability arising out of or related to these Terms and the Service, in any 12-month period, will not exceed the fees the Customer paid to Fortibus for the Service in the 12 months before the event giving rise to the claim. Hardware claims are limited to the price paid for the Hardware concerned.

14.3 These limits do not apply to a party's indemnification obligations under section 15, to the Customer's obligation to pay fees, to either party's gross negligence, fraud or wilful misconduct, or to liability that cannot be limited by law.

14.4 Fortibus is not liable for the acts or omissions of a Processor, marketplace, carrier, manufacturer or other third party, or for loss caused by the Customer's own network, devices, credentials or data entry.

15. Indemnification

Each side covers the other for third-party claims caused by its own conduct.

15.1 By the Customer. The Customer will defend and indemnify Fortibus against third-party claims, fines and costs arising from the Customer's business operations, Customer Data, the Customer's breach of these Terms or of law, its sales and pricing, its tax, employment or consumer obligations, its use of a Processor or marketplace, or content it uploads.

15.2 By Fortibus. Fortibus will defend and indemnify the Customer against third-party claims that the Service, as provided by Fortibus and used as permitted, infringes a United States patent, copyright or trademark or misappropriates a trade secret. Fortibus may, at its option, procure the right to continue, modify the Service to be non-infringing, or terminate the affected feature and refund prepaid fees for the unused period. This does not cover claims caused by Customer Data, third-party services, combinations with things Fortibus did not supply, or use after Fortibus offered a non-infringing alternative.

15.3 Process. The indemnified party must notify the other promptly, give it control of the defense and settlement, and cooperate at the indemnifying party's expense. No settlement may admit fault on behalf of, or impose obligations on, the indemnified party without its consent.

16. Term, suspension and termination

The agreement runs month to month until either side ends it. Data stays exportable for 30 days afterwards.

16.1 Term. These Terms start on acceptance and continue while the Customer has an active Plan. The Plan renews monthly until cancelled.

16.2 Cancellation by the Customer. The Customer may cancel from the portal or by written notice at any time. The Service continues to the end of the paid period and no further fees are charged.

16.3 Termination by Fortibus. Fortibus may terminate on 30 days' written notice for convenience, or immediately on notice if the Customer fails to pay within 15 days of a reminder, materially breaches these Terms and does not cure within 15 days of notice, becomes insolvent, or if a Processor or law prevents Fortibus from serving the Customer.

16.4 Suspension. Fortibus may suspend all or part of the Service where reasonably needed to protect the Service, other customers or the public, for non-payment after notice, or under section 10, and will restore it when the cause is resolved.

16.5 Effect. On termination the Customer's right to use the Service ends, enrolled tablets stop syncing, and any unpaid fees for the period served become due. Sections 5 (for amounts owed), 7.7 to 7.9, 11, 13 to 15, 18 and 19 survive.

16.6 Data after termination. The Customer may export its data for 30 days after termination, after which section 7.8 applies. On request within that window Fortibus will provide a standard export of menu, sales and reporting data.

16.7 Hardware. The Customer keeps Hardware it has paid for. Payment terminals may need to be re-keyed or returned to the Processor under the Processor's terms.

17. Changes to these terms

Fortibus may update these Terms; material changes come with 30 days' notice and a way out.

17.1 Fortibus will post the current Terms in the portal with the date they took effect, and will notify the Customer's administrators by email and in the portal at least 30 days before a material change takes effect.

17.2 If the Customer does not agree to a material change, it may cancel before the change takes effect and the prior Terms apply until then. Continuing to use the Service after the effective date is acceptance of the new Terms.

17.3 Changes required by law, by a Processor's rules, or that only add features or clarify wording may take effect on posting.

18. Governing law and disputes

Washington law governs, and disputes go to binding arbitration in Washington, after both sides have tried to work it out.

18.1 These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.2 Before starting proceedings, a party will give written notice describing the dispute, and the parties' representatives will confer in good faith for 30 days.

18.3 Any dispute not resolved under section 18.2 will be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in King County, Washington, and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction, and the parties consent to the state and federal courts in King County, Washington, for that purpose and for any action permitted under section 18.5. A party may instead bring an individual claim in small claims court if it qualifies.

18.4 Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one customer. If this class-action waiver is found unenforceable, section 18.3 does not apply to that claim, which will proceed in the King County courts.

18.5 Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

18.6 The prevailing party in any action to enforce these Terms may recover its reasonable attorneys' fees and costs.

19. General terms and notices

19.1 Confidentiality. Each party will keep the other's non-public business information confidential and use it only for these Terms, for three years after disclosure, except information that is public, already known, independently developed, or required to be disclosed by law with notice where allowed. Customer Data is governed by section 7, not by this clause.

19.2 Electronic communications. The Customer agrees to receive notices, invoices and service messages by email to its administrators and inside the portal. Where the Customer enables text messages for staff or customers, it is responsible for the consents those messages require.

19.3 Notices to Fortibus go to Fortibus, Inc. at legal@fortibus-inc.com.

19.4 Assignment. The Customer may not assign these Terms without Fortibus's written consent, except to a successor of its whole business who accepts them. Fortibus may assign them to an affiliate or a successor.

19.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, outages of utilities or the internet, acts of government, labor disputes or third-party service failures, provided it takes reasonable steps to mitigate. Payment obligations are not excused.

19.6 Independent parties. The parties are independent contractors. Nothing here creates a partnership, joint venture, agency or franchise relationship.

19.7 Export and sanctions. The Customer will not use the Service in breach of United States export control or sanctions law.

19.8 Entire agreement. These Terms, the Order, any signed agreement and the policies they reference are the whole agreement and replace all prior terms, including the December 2020 End User License Agreement. Purchase-order terms the Customer sends have no effect.

19.9 Severability and waiver. If a clause is unenforceable it is limited to the minimum extent needed and the rest stands. A failure to enforce a right is not a waiver of it.

19.10 Headings and interpretation. Headings are for convenience. "Including" means "including without limitation".

Effective October 29, 2026. Previous version: End User License Agreement, December 2020.