Terms & Conditions

Terms of Service & End User License Agreement (EULA)

1. Acceptance of Terms By accessing, installing, or using our software applications, Point of Sale (POS) systems, IT services, cloud environments, or any related tools (collectively, the “Services”), you agree to be bound by these Terms and Conditions. If you do not agree, you must discontinue use and uninstall the software immediately.

2. Software License & Ownership We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your internal business operations.

  • No Ownership: You are purchasing a license to use the software, not the software itself. We retain all intellectual property rights, source code, and ownership of the Services.
  • Prohibited Actions: You may not reverse engineer, decompile, copy, resell, or distribute our software to third parties.

3. Point of Sale (POS) & Financial Transaction Disclaimer If you utilize our POS applications or financial tracking software, you agree to the following:

  • No Liability for Lost Sales: We are not responsible for any lost revenue, missed sales, or business interruption caused by software downtime, bugs, hardware failures, or internet outages.
  • Accuracy of Data: You are solely responsible for verifying the accuracy of all prices, tax calculations, discounts, and inventory counts processed by our apps. We are not liable for accounting or tax errors.
  • Payment Processors: Our apps may integrate with third-party payment gateways. We do not process funds and are not responsible for declined transactions, delayed payouts, or payment gateway outages.

4. Merchant Compliance & PCI Responsibility You, the customer, are solely responsible for ensuring your business complies with all local, state, and federal laws, including:

  • Tax collection and remittance.
  • Consumer data privacy regulations.
  • Payment Card Industry Data Security Standards (PCI-DSS). We do not guarantee that your use of our Services automatically makes your business PCI compliant.

5. Uptime, Hardware, and Network Dependency Our Services rely on your local hardware, network configuration, and internet service provider.

  • We do not guarantee 100% uptime or uninterrupted service.
  • We are not responsible for software failures resulting from incompatible hardware, outdated operating systems, or local network drops in your store.

6. No Warranty All Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to:

  • Fitness for a particular retail or business purpose.
  • Merchantability.
  • Accuracy or reliability of reporting and results. You use the Services entirely at your own risk.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, business interruption, loss of business opportunities, or loss of goodwill, arising out of or related to the use of or inability to use the Services.

Liability Cap

In no event shall our total aggregate liability for any and all claims arising out of or relating to these Terms or the Services exceed the total amount of fees paid by you for the specific Service giving rise to the claim during the one (1) month period immediately preceding the event giving rise to the claim.

Security & Data Risks

You acknowledge and agree that we are not responsible for any loss, corruption, theft, or unauthorized access to data or systems, including but not limited to incidents caused by malware, ransomware, hacking, cyberattacks, or unauthorized third-party access, whether or not such events were foreseeable.

8. Data Loss & Backup Responsibility You acknowledge and agree that:

  • You are solely responsible for maintaining independent backups of all store data, inventory, and customer records.
  • We do not guarantee data integrity or retention, and we shall not be held liable for any loss or corruption of your data under any circumstances.

9. Third-Party Integrations Our applications may integrate with third-party APIs, hardware (receipt printers, scanners), or cloud providers. We are not responsible for third-party outages, deprecated APIs, or security breaches originating from third-party hardware or software.

10. Indemnification You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, fines, and expenses (including legal fees) arising from:

  • Your misuse of the Services.
  • Your violation of any laws (including tax or consumer privacy laws).
  • Claims made by your own retail customers against you.

11. Updates, Changes & Sunsetting We reserve the right to push automatic updates, modify features, or discontinue (sunset) any app or Service at any time. Continued use after updates means acceptance of the modified software and Terms.

12. Termination & Suspension We may suspend or terminate your license and access to the Services immediately, without notice or refund, if you fail to pay subscription fees, abuse the software, or violate these Terms.

13. Severability If any provision of these Terms is found to be unenforceable under applicable law, the invalid provision will be severed, and the remaining provisions will continue in full force and effect.

14. Governing Law & Dispute Resolution These Terms shall be governed by the laws of the State of New York. Any legal action or proceeding relating to your access to or use of the Services shall be instituted in a state or federal court in New York.

Privacy Policy

Effective Date: 01/01/2024

1. Introduction Welcome to justinxia.com (“we,” “our,” or “us”). We respect your privacy and are committed to protecting your personal data. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, use our IT services, software applications, or engage with our technical support (collectively, the “Services”).

Please read this policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access or use our Services.

2. Information We Collect We may collect information about you in a variety of ways. The information we may collect includes:

  • Personal Data You Provide: Information you voluntarily give us when creating an account, requesting IT support, or paying for services. This includes your name, email address, phone number, company name, and billing information.
  • Automatically Collected Data: When you access our Services or website, our servers automatically collect basic information such as your IP address, browser type, operating system, access times, and the pages you have viewed directly before and after accessing the Services.
  • System and Diagnostic Data: Because we provide IT support, system integration, and software tools, we may collect technical data from your devices, log files, error reports, and system telemetry necessary to troubleshoot, manage, or improve your infrastructure.
  • Client System Access: In the course of providing IT support or managing servers, we may have temporary access to data residing on your networks. We interact with this data strictly for the purpose of fulfilling our service obligations (such as performing backups, migrations, or security audits) and do not retain or extract it for our own marketing purposes.

3. How We Use Your Information We use the information we collect primarily to deliver, maintain, and improve our Services. Specifically, we may use your information to:

  • Provide technical support, system maintenance, and customer service.
  • Process payments, billing, and subscription management.
  • Monitor system security, prevent fraud, and protect against cyberattacks.
  • Analyze usage trends to improve our software and IT solutions.
  • Send you administrative notices, technical alerts, updates, and security bulletins.

4. How We Share Your Information We do not sell, rent, or trade your personal information to third parties. We may share your information only in the following situations:

  • With Service Providers: We may share data with trusted third-party vendors who assist us in operating our business (e.g., payment processors, cloud hosting providers, or email delivery services). These third parties are bound by confidentiality agreements.
  • For Legal Obligations: We may disclose your information if required by law, subpoena, or other legal processes, or to protect the rights, property, and safety of our business, our users, or others.
  • Business Transfers: If we merge, acquire, or sell assets, your information may be transferred as a business asset.

5. Data Security We implement industry-standard administrative, technical, and physical security measures to help protect your personal information. However, while we take reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

6. Cookies and Tracking Technologies We may use cookies, web beacons, tracking pixels, and other tracking technologies on our website to help customize the site and improve your experience. You can adjust your browser settings to refuse cookies or alert you when cookies are being sent, but some parts of the Services may not function properly without them.

7. Your Rights and Choices Depending on your location, you may have the right to:

  • Request access to the personal data we hold about you.
  • Request that we correct or update your personal data.
  • Request that we delete your personal data (subject to certain legal and operational exceptions).
  • Opt-out of receiving marketing communications from us by following the unsubscribe link in our emails. (You will still receive critical administrative and IT service updates).

8. Third-Party Websites Our Services may contain links to third-party websites or applications of interest. Once you use these links to leave our website, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your data.

9. Children’s Privacy Our Services are intended for a general business audience and are not directed at children under the age of 13. We do not knowingly collect personal information from children. If we become aware that we have collected personal data from a child without parental consent, we will take steps to remove that information.

10. Changes to This Privacy Policy We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Effective Date” at the top of this policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates.

11. Contact Us If you have questions or comments about this Privacy Policy, or if you wish to exercise your data rights, please contact us at: using contact us form.