Merchant agreement (Amyn-controlled terms)
Status: Draft, pending legal review. Version 1.0. This page will show an effective date and a “What changed” note once it is final. Our disclaimers page explains what a draft means.
What this agreement covers
This agreement is between Amyn and the merchant that opens an Amyn account. It covers only the parts Amyn controls: the software, your data, our fees, support, and how the relationship ends.
Card payments are handled by our payment processor, which we will name here before any payment is taken. You will accept our payment processor’s own agreement as well. It governs the money side: checks on your business, when you are paid, holds, reserves, chargebacks, card-network rules and card-security duties. The section “What our payment processor’s agreement governs” lists these in plain words.
Our own role in payments depends on the payment processor we choose. We may introduce you to it, act for it, or run payments under its sponsorship. We will explain which it is here before any payment is taken.
Our full legal name and registered address will be published on this page before launch. Interest-free money tools are in development; they are not offered under this agreement and have no terms yet.
Documents that form part of this agreement
These documents apply alongside this agreement, and you accept them with it:
- the privacy notice;
- the data processing addendum;
- the acceptable use policy;
- the AI notice;
- the website and account terms;
- the cookie notice and the responsible disclosure policy; and
- our pricing page.
If two of them disagree, this agreement wins, with one exception: on any question about personal data, the data processing addendum wins. After those two come the website and account terms, then the other documents.
Our payment processor’s agreement and the card-network rules are not Amyn documents. They govern payment processing only, as “What our payment processor’s agreement governs” explains. Nothing in this order removes a duty that either side has under the law. Counsel: how this order fits with our payment processor’s agreement, once the processor is named, to be settled with counsel.
Words we use
The website and account terms define the words we use in every policy. The ones that matter most here:
- “Amyn”, “we” and “us” mean the company that runs amynpos.com and is building the Amyn point of sale.
- “You” means the business identified when the account is opened. A person who accepts for that business confirms they are allowed to bind it, and does not take on the business’s obligations under this agreement just by accepting. A sole proprietor accepts for themselves.
- “The service” means the website, the point of sale and the dashboard together, including the account tools and support that come with them.
- “Our payment processor” means the company that will handle card payments, identity checks and payouts. We will name it here before any payment is taken.
- “Our payment processor’s agreement” means the separate terms you accept with it in order to take card payments.
- “Your data” means what the website and account terms call your content, plus the records the service creates for you: items, prices, sales, staff records, settings.
- “Your customers’ personal data” means personal data about the people who buy from you that passes through the service.
- “Fees” means the amounts we publish for the service on our pricing page.
How you accept, and who can
You accept this agreement when you open an account. You accept a new version when you keep using the service after its effective date. The person who accepts must be 18 or older and must be allowed to make agreements for the business.
When you accept, we record the policy version, the time, your IP address and your browser (user agent). This record lets both sides show what was agreed and when.
The service is for businesses in the United States and is not directed at anyone under 18. Your account is for your own business only. You may not resell the service, run other people’s sales through your account, or run your own card to give yourself cash.
Your right to use the service
While this agreement lasts, you may use the service for your business, at the locations and on the devices you register. The software and our brand stay ours. You may not copy the software, take it apart, or use it to build a competing product.
We release updates to the point of sale and the dashboard. Security updates may install on their own; please do not block them. A feature labelled “beta” or “preview” may change or be withdrawn, so do not make one the only way you run something essential. If you suggest an improvement, we may use the idea without owing you anything.
How long this agreement lasts
The software plan is month to month. There is no long contract and no minimum term. It renews each month until your account closes. The section “Ending this agreement” explains how either side ends it, and the website and account terms follow the same rules. Our payment processor’s agreement has its own ending rules, which are separate from ours.
Our fees and how they change
Every fee we charge is published on our pricing page. We will publish our card rate, every other fee, and how fees are collected before launch.
If we raise a fee or add a new one, we email the account owner at least 30 days before the change takes effect. If you do not want the change, you can close your account before the effective date. The old fees apply until then, and we charge nothing for leaving because of a fee change.
Card-network or payment-processor charges that may be passed through to you will be itemised before you agree to them. They are governed by our payment processor’s agreement, which we will explain before any payment is taken. The three fees listed under “What we never charge” are never among them, under any name.
How we collect fees, and what happens if a payment of fees fails, will be published before launch. Whether money you owe can be taken out of your sales proceeds (called set-off) is governed by our payment processor’s agreement. If we make a mistake in our fees, we correct it. Tell us as soon as you notice.
What we never charge
- No monthly software fee.
- No statement fees.
- No PCI fees.
These are not introductory offers. We will not introduce these fees later, or pass them through from our payment processor or a card network under another name. Any other charge is itemised before you agree to it.
Hardware
Amyn hardware is sold without a subscription or lease. This agreement covers the software only.
Your data and our limited licence
Your data is yours. You own it now, and you keep owning it after this agreement ends.
You give us a limited licence to use your data only to:
- run the service for you, including syncing your registers and showing your dashboard;
- keep the service secure and detect fraud or misuse;
- support you when you ask for help;
- improve the service, using aggregated statistics that cannot identify you or your customers; and
- meet our legal duties.
That is the whole licence. In particular:
- We do not sell your data or your customers’ personal data.
- We do not share either for advertising, and we have no ad trackers.
- We do not use either to train AI models, ever, and we do not let anyone else do so.
- We do not use your name, brand or logo in our marketing without your separate written consent.
We may publish aggregated statistics, such as the share of sales paid by card across all merchants. They never identify you, your customers or your transactions, and we will not try to re-identify anyone.
Your data is held by Supabase, Inc. (database, sign-in, file storage and server functions), whose database for Amyn runs in a United States region. Netlify, Inc. hosts our website and forms. Our privacy notice lists every company that handles personal data for us, and the data processing addendum says what we have confirmed so far about where data is processed.
Your customers’ personal data
When your customers’ personal data passes through the service, we process it on your behalf and on your instructions. The data processing addendum sets out the details and forms part of this agreement. On any question about personal data, the addendum wins.
You are responsible for your own customers. You post your own privacy notice and collect any consents they must give before you store their details or message them. You answer their data requests, with our help where the addendum says so.
The point of sale creates a customer record only when a customer opts in. A customer record with no activity for 24 months is flagged for your review and then anonymised, unless you choose to keep it. We will publish exact retention periods before launch.
AI features
The help assistant on the website is provided by Anthropic (model: Claude). It cannot retrieve anything from your account. It receives what is typed into it and sends those messages to Anthropic, and it answers only general questions about Amyn. Chats are kept briefly and are never used by Amyn for training. Do not type card numbers, passwords, or customer or staff information into it. Our screening for card numbers is imperfect.
Our AI notice describes the help assistant and any AI feature we add later, and forms part of this agreement. Our promise not to train AI models on your data or your customers’ personal data applies to every AI feature, now and later. That promise is permanent: no notice, no new version of this agreement and no change to any other policy can remove it.
Messages from us, and messages you send
By opening an account you agree to receive account messages by email, in the dashboard, and by push notification if you turn it on. These include security alerts, fee-change notices and daily summaries. You can turn off most alerts, but not the ones about security or this agreement.
You also agree that we can deliver notices, statements and new versions of this agreement electronically, and that accepting on screen counts as your signature. Every version stays available at /policies.
We send marketing messages only if you opt in separately, and every one includes a way to opt out.
If you use the service to message your own customers, you are the sender. You must get the consent the law requires before sending marketing texts or emails, and honour every opt-out. That includes the Telephone Consumer Protection Act and the CAN-SPAM Act. Our acceptable use policy has the detail. We may stop sending that breaks these rules.
Who supports what
- We support the service. Set-up, the point of sale, the dashboard, sync, your account and sign-in. Support is included. We will publish support hours and channels before launch.
- Our payment processor supports payments. Checks on your business, payouts, holds, reserves and chargebacks. We will point you to our payment processor and explain its answers in plain words.
- You support your customers. Questions about your goods, services, prices, refunds and returns are between you and them. You set and display your own refund and return policy.
Businesses we cannot serve
We follow our payment processor’s list of prohibited business types, and Amyn adds no exclusions of its own. We will publish the list, or a link to it, before any payment is taken. If your business is on the list, we cannot open an account for you.
What our payment processor’s agreement governs
These topics are decided by our payment processor and the card networks, not by us, except where an item below says otherwise. Each one is governed by our payment processor’s agreement, which we will explain in plain words before any payment is taken.
- Checks on your business. Our payment processor confirms who you and your owners are before you can take payments. It collects and holds the information those checks need, under its own agreement with you.
- Payouts. When your money reaches your bank account, and any option to be paid faster.
- Holds and reserves. When our payment processor may hold your money, for how long, and whether it keeps a reserve.
- Chargebacks. What happens when a customer disputes a payment, your deadline to respond, and any fee.
- Refunds. How long after a sale you can refund a card payment, and whether processing fees come back on a refund.
- Errors. How to report a payment that was processed wrongly, and the deadline for doing so.
- Card-network rules. The card brands’ rules apply to every card payment and sit above this agreement where they conflict. They include how you may show card logos.
- Card-security duties (PCI DSS). These duties depend on the final integration and on each side’s systems. Using a payment processor does not remove ours or yours. Before we enable payments, we will publish which duties Amyn carries, which fall on you, which fall on our payment processor, and the checks each side must complete. We will not enable payments until that split is published.
- Receipts and signatures. When a printed receipt or a signature is required.
- Surcharges, cash discounts and tips. Whether the service supports them, and the rules for them, depend on our payment processor, the card networks and state law. We will publish our position before launch.
- Other payment methods. Bank transfers, wallets, EBT and similar methods each come with our payment processor’s added terms.
- Dormant money. Unclaimed balances are handled under our payment processor’s agreement and state unclaimed-property law.
- Reporting after a closure for cause. If our payment processor closes your account for a serious reason, card-network rules may require it to report that to an industry database.
- Audits. Our payment processor may ask for financial information about your business, and may audit it on notice.
What we promise on these topics:
- If our payment processor holds your money, we tell you what we know in plain words, and who to contact.
- We pass on every chargeback and dispute notice we receive as soon as we receive it, and we explain the timeline.
- If you take a sale while the register is offline, it is saved and sent when the register reconnects. Whether a card can be charged while offline, and who bears the risk if that payment later fails, depends on our payment processor. We will publish the answer before any payment is taken.
Taxes
You are responsible for the taxes on your sales and your business. The point of sale can apply tax rates at the register, but you choose the rates and check that they are right.
Tax reporting on card sales, such as Form 1099-K, falls on the party the law names as the settlement entity, which is usually our payment processor. Our fees do not include sales tax or similar taxes; where one applies, we show it separately.
Confidentiality
Each side will keep the other’s confidential information private. That means business information marked confidential, or that a reasonable person would treat as confidential, such as your sales figures and our unreleased features.
This does not cover information that is already public, that you or we already knew, or that came lawfully from someone else. If a court or regulator requires either side to disclose something, it may, and it will warn the other side first where the law allows. The duty continues after the agreement ends.
You may say that you use Amyn. Neither side will issue a press release or public announcement about the other without written consent.
What you promise us
You promise that:
- the details you give us about your business and its owners are accurate, and you will keep them current;
- the person who accepted this agreement was allowed to do so for the business;
- your business and your use of the service are lawful;
- every transaction you run is genuine, correctly described and authorised by the customer;
- you will keep sign-in details and staff access secure, and tell us at once if you suspect misuse; and
- you will follow our acceptable use policy.
You will tell us promptly if your business changes ownership, what it sells, or its legal form.
If we or our payment processor reasonably suspect that a transaction is fraudulent or unlawful, it may be declined, held or refunded. We may report it to law enforcement when the law requires.
Ending this agreement
You can end it at any time. Close your account from the dashboard or email us. The agreement ends on the day your account closes.
We end it only for a reason we can name. The reasons are the ones listed under “Suspension and closing accounts” in the website and account terms, and we add none here. Where the law and safety allow, we email the account owner first, say why, and give you a chance to put things right, and the agreement ends no sooner than 30 days after that email. Otherwise we act at once, as the next paragraph says.
We can end or suspend it at once when we must. That means when we reasonably believe there is fraud or a serious security risk. It also means a serious breach of this agreement, a business type on our payment processor’s prohibited list, or a legal or regulatory reason. We will tell you what happened and how to respond, unless the law stops us.
What happens when it ends
- Export window. You can download your data in standard formats for 60 days after the end date, which is the day your account closes. This is the same window the website and account terms give you. Our licence to hold your data continues for that window, and for any backups and records we must keep.
- Deletion. After the export window, we delete your data and your customers’ personal data from our active systems, and backup copies follow the backup schedule we publish before launch. The only exceptions are data we must keep for a legal duty, an open dispute or fraud prevention, which stays under the data processing addendum until we delete it, and aggregated statistics that identify no one.
- Money. Our payment processor’s agreement governs any pending payouts, holds, reserves and chargebacks after your account closes.
- What continues. Your ownership of your data, confidentiality, the liability and indemnity terms, the disputes terms, and any fees already owed all continue after the end.
Our liability to each other
We will provide the service with reasonable skill and care. It is software, and we do not promise it will be free of faults or always available.
Neither side is liable to the other for indirect losses, such as lost profits, lost business or lost data that could have been backed up. Our total liability to you under this agreement is capped at the fees you paid to Amyn itself in the 12 months before the claim arose. Charges you paid to our payment processor or a card network do not count. If you paid us no fees in that period, a minimum cap applies, and we will publish that amount before launch. These limits do not apply where the law does not allow them, such as for fraud or harm caused on purpose. Counsel: liability cap and exclusions to be settled with counsel, including the fee base, the minimum cap where a merchant has paid Amyn no fees in the 12 months, which state-law carve-outs must be listed, and how confidentiality and security claims are treated.
If your actions cause a claim against us (indemnity)
A claim might be brought against us because you used the service unlawfully, broke this agreement, or ran transactions that were not genuine or authorised. If so, you will cover our reasonable costs of that claim, including legal fees. We will tell you about the claim promptly and let you take part in defending it. It does not cover claims caused by our own fault. Counsel: indemnity scope and procedure to be settled with counsel.
Disputes and governing law
If there is a disagreement, write to us first at info@amynpos.com; we will try to resolve it directly.
If that does not work, either side may bring a claim in court. We do not require arbitration, and we do not ask you to give up your right to a jury or to join a class action. Counsel: whether to add an arbitration clause, a class waiver or a small-claims route to be settled with counsel, including the fit with our payment processor’s terms.
This agreement is governed by the laws of Amyn’s home state, which we will name here before launch. Claims are heard in that state’s courts. Counsel: governing law and venue to be settled with counsel.
General terms
- Transfer. You may not transfer this agreement or your account to anyone else without our written consent, which we will not refuse without a good reason. We may transfer it to a company that buys our business, and we will tell you if we do.
- Events outside our control. Neither side is responsible for a failure caused by something it could not reasonably prevent, such as an internet outage, a natural disaster or a government order. Fees already owed are still owed.
- The whole agreement. This agreement and the documents listed at the top are the whole agreement between us about the service. They replace earlier drafts and discussions.
- If a part is invalid. If a court finds one part of this agreement unenforceable, the rest still applies.
- No waiver. If either side does not enforce a term once, it may still enforce it later.
- Notices. We send notices to the account owner’s email address, so keep it current. You send notices to the address in “How to contact us”.
How to contact us
Email info@amynpos.com or use the contact form on the website. Put “Merchant agreement” in the subject line so we can route it. If you need this document in another format, ask us; our accessibility statement explains how we help. We will publish our mailing address here before launch. Every policy, with its version and effective date, is listed at /policies.
For personal-data questions and requests, see the privacy notice.
Changes to this document
Every version of this document carries a version number, an effective date and a “What changed” note. Earlier versions stay in an archive linked from /policies. If we make a material change, we email account holders at least 30 days before it takes effect. Smaller changes, such as fixing a typo or a link, take effect when posted. This is version 1.0, and no earlier version exists.
A material change to this agreement is one such as a new fee, a narrower data licence or a change to the ending rules. If you do not agree with one, you can close your account before its effective date, and we charge nothing for leaving because of the change. Using the service after that date means you accept the new version.