Terms and conditions of service
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These terms govern the VihaPOS service between VihaPOS and the business that hires it ("the customer"). By hiring the service, the customer accepts them together with the signed or accepted proposal. Where the proposal differs from these terms, the proposal wins. The Spanish version is the reference text.
1. The service
- Cloud: the VihaPOS system at its own address (such as yourbusiness.vihapos.com), with its own database.
- Desktop: VihaPOS installed on a Windows computer, with a licence for that computer.
- With the modules, users, tills and services (installation, training, support) listed in the proposal.
2. Price and payment
- The price is the one in the accepted proposal. It includes only what the proposal lists; nothing else is charged without the customer's written agreement first.
- Extra users, tills, stores or modules are quoted before they are turned on.
- If the renewal price changes, we give at least 30 days' notice; the customer may choose not to renew.
- Payment gateway fees (for example TropiPay's) are set by the gateway and shown before paying.
3. Term, renewal and cancellation
- The service lasts the period in the proposal and renews for equal periods unless either side says otherwise.
- The customer can cancel at any time by telling us in writing. The service continues until the end of the paid period.
- On cancellation we hand over the customer's data if asked (a copy of the database or exports) and then delete it as the privacy policy says.
4. Refund policy
- Duplicate or wrong charge: refunded in full.
- If the service stops working because of us and we don't fix it within 7 days of being told, the customer can cancel and we refund the part of the period they couldn't use.
- Desktop version: if in the first 14 days it doesn't work on the customer's computer and we can't fix it, we refund the licence price.
- Installation, setup, data migration and training already delivered are not refunded.
- Periods already started are not refunded on a voluntary cancellation, except as above.
- To ask for a refund, write to us at eng.valtervalik@gmail.com or WhatsApp +5350532316. We answer within 30 days and pay by the same means as the charge.
5. Suspension
We may suspend access if an invoice is more than 15 days overdue, or if the use is unlawful or puts other customers at risk. We give at least 7 days' notice, except in a security emergency. Suspension deletes nothing: once paid or resolved, the service comes back as it was.
6. Desktop licence
- The licence is valid for the computer it was issued for and within its limits (users, products, tills...). Desktop installers include this text.
- When a licence expires there are 30 days of grace. After that the system falls back to the trial limits (2 users, 50 products, 1 company, 1 store, 1 till, 2 warehouses): nothing is deleted or hidden and the till keeps selling; only adding more is refused.
- Copying the licence to another computer, editing it or getting around its limits is not allowed.
7. The customer's data
The data the customer keeps in VihaPOS is theirs. We process it only to provide the service, as a processor, under the privacy policy. The customer is responsible for having permission to keep their customers' and staff's data and for answering their requests; we help with the system's tools.
8. Acceptable use
- Follow the law, including consumer protection, personal data and tax law. Prices, taxes and product information the customer publishes are their responsibility.
- Send WhatsApp campaigns only to customers who agreed to receive promotions, and respect opt-outs.
- Publish only photos and texts the customer owns or has permission for (for example from the supplier who took the photos).
- Don't publish offers with a "was" price that was never charged, or fake reviews.
- Look after passwords and who on the team has access.
9. Features that depend on others
- WhatsApp: sending from the business's number uses an unofficial gateway that WhatsApp's terms don't allow. WhatsApp may block a number that looks like spam. We recommend a number just for the business and a normal sending pace. We are not liable for blocks WhatsApp decides.
- Social networks: each has its own terms and may change or cut access. On TikTok, posts are private until TikTok approves the app.
- AI: it writes drafts from the catalogue's data; the customer reviews them before posting or sending and is responsible for what they publish.
- Exchange rates: depend on elTOQUE's service and the customer's key.
10. Availability and support
We do what is reasonable to keep the service available and announce maintenance. The till keeps selling offline and sends the sales when the connection is back, as long as the browser's data isn't cleared first. We can't promise a service with no interruptions at all.
11. Liability
Our total liability to the customer is limited to what they paid in the 12 months before the event, except for wilful misconduct or gross negligence. We are not liable for indirect losses (such as lost sales or profit) or for what third-party services do.
12. Open source software
VihaPOS is built on Odoo Community (LGPL-3) and Odoo Community Association modules (AGPL-3 and LGPL-3). Some VihaPOS modules (Cuban accounting, payroll, treasury, automations, production and exchange rates) are licensed under the AGPL-3. Any user can ask for their source code by writing to us at eng.valtervalik@gmail.com or WhatsApp +5350532316; we send it free of charge. Odoo is a trademark of Odoo S.A.
13. Changes to these terms
We announce changes at least 30 days ahead. A customer who doesn't agree can cancel before they take effect.
14. Governing law
These terms are governed by the laws of the Republic of Cuba. Before going to the competent courts, both sides will try to settle any disagreement by talking.