These Terms and Conditions of Use (these “Terms”) govern the terms under which you may access and use the LyncPOS website (the “Site”) and purchase products and services from Beyond Mobile, LLC, an Ohio limited liability company (“Beyond Mobile”). LyncPOS is an all-in-one POS solution for conducting retail sales, managing prepaid wireless accounts, and processing payments and other services and products made available for purchase by Beyond Mobile, LLC.

 

THESE TERMS CREATE LEGAL RIGHTS AND RESPONSIBILITIES BETWEEN YOU AND BEYOND MOBILE, LLC. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OR ACCESS THE SITE.  BY ACCESSING AND/OR USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE AND SALE.  IF YOU DO NOT AGREE TO THIS POLICY AND THE TERMS AND CONDITIONS HEREOF, YOU SHOULD NOT ACCESS OR USE THE SITE.  YOUR CONTINUED ACCESS AND/OR USE OF THE SITE FOLLOWING THE POSTING OF MODIFICATIONS, AMENDMENTS OR CHANGES TO THIS POLICY WILL BE DEEMED YOUR ACCEPTANCE OF THOSE MODIFICATIONS, AMENDMENTS OR CHANGES.

 

1. Electronic Authorization. By entering into this agreement, you authorize Beyond Mobile to charge your payment method on a recurring basis as outlined in this agreement.
2. Automatic Recurring Payment Failure. If an automatic recurring payment fails, Beyond Mobile will attempt to retry the payment within a reasonable period. If we are unable to collect payment after a reasonable period, we reserve the right to suspend or cancel your account.
3. Renewal and Cancellation. Your Beyond Mobile subscription will automatically renew unless you cancel your subscription before the end of the current billing cycle. You can cancel your subscription at any time by contacting us. If you cancel your subscription, you will still have access to the service until the end of the current billing cycle.
4. Cancellation of Automatic Recurring Payment. You may cancel your automatic recurring payment at any time by contacting us. If you cancel your automatic recurring payment, your subscription will be suspended or terminated at the end of the current billing cycle.
5. Reestablishing Automatic Recurring Payment. If you cancel your automatic recurring payment, you may reestablish it at any time by contacting us. Your subscription will continue from the point of reestablishment.
6. Free Trial Periods. We may offer free trial periods for our services. If you sign up for a free trial period, you will be required to provide payment information. If you do not cancel your subscription before the end of the free trial period, you will be charged for the subscription.
7. Third-Party Applications, Devices, and Open-Source Software. Our service may utilize third-party applications, devices, and open-source software. We are not responsible for any issues that may arise from the use of these third-party services.
8. Service Limitations and Modifications. We reserve the right to modify or discontinue our service at any time without notice. We are not responsible for any damages resulting from the modification or discontinuation of our service.
9. Price and Tax Changes. We reserve the right to change the price of our service at any time. We will provide notice of any price changes in advance. You are responsible for any taxes associated with your subscription.
10. Billing through VIDAPAY Account. Subscribers may choose to be billed through their VIDAPAY account. An active linked VIDAPAY account is required for continued use of our service.
11. Authorization of VIDAPAY Account. By entering into this agreement, you authorize us to charge your VIDAPAY account on a recurring basis as outlined in this agreement.
12. VIDAPAY Account Information. You are responsible for ensuring that your VIDAPAY account information, including payment information, is accurate and current. You may update your VIDAPAY account information at any time through the VIDAPAY website.
13. Disputes with VIDAPAY Account. We are not responsible for any disputes that may arise with your VIDAPAY account. Any disputes related to your VIDAPAY account must be resolved through VIDAPAY customer support.
14. Termination of VIDAPAY Account. If your VIDAPAY account is terminated or suspended for any reason, your subscription to our service may also be terminated or suspended.
15. Automatic Payment Failure via VIDAPAY Account. If an automatic recurring payment via your VIDAPAY account fails, VIDAPAY will attempt to retry the payment within a reasonable period. If VIDAPAY is unable to collect payment after a reasonable period, your subscription to our service may be suspended or terminated.
16. VIDAPAY Terms of Service. Your use of our service through VIDAPAY is also subject to the VIDAPAY Terms of Service, which can be found on the VIDAPAY website.
17. Acceptance of Terms of Service. By using our service, you agree to these terms of service and any additional terms and conditions that may apply. If you do not agree to these terms of service, do not use our service.
18. Disclaimer of Warranties. Our service is provided "as is" and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that our service will be uninterrupted, error-free, or free from viruses or other harmful components. You use our service at your own risk.
19. Limitation of Liability. In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use or inability to use our service. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. Our liability to you in connection with our service, regardless of the cause of action, shall not exceed the amount paid by you for the use of our service during the twelve (12) months preceding the claim.
20. Indemnification. You agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of our service or any violation of these terms of service.
21. Force Majeure. We shall not be liable for any failure or delay in the performance of our obligations under these terms of service if such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.
22. Governing Law. These terms of service shall be governed by and construed in accordance with the laws of the state or country in which we operate. Any disputes arising out of or in connection with these terms of service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
23. Entire Agreement. These terms of service constitute the entire agreement between you and us with respect to your use of our service and supersede all prior or contemporaneous agreements, understandings, or communications between you and us, whether oral or written.
24. Amendments. We reserve the right to modify these terms of service at any time without notice. You are responsible for reviewing these terms of service periodically for any changes. Your continued use of our service after any changes to these terms of service constitutes your acceptance of the changes.
25. User Conduct. As a condition of your use of the Site, you agree that you will: (a) not use the Site except for your personal use including but not limited to, browsing, accessing or purchasing products and services sold by Beyond Mobile on the Site, , (b) not use for any purpose that is unlawful, fraudulent, deceitful, untruthful, misrepresentative, dishonest or in any manner in connection with unlawful, unethical or morally questionable activities or is directly or indirectly related to any of the foregoing;  (b) not tamper, hack, modify, frame, “deep link” or otherwise bypass or attempt to bypass security, functionality, entry points or any other features of the Site; (c) directly or indirectly, either separately or as part of another service, agree to resell any of the products or services offered on the Site; (d) abide by all applicable local, provincial, state, national and international laws and regulations; (e) not use the Site for any purpose otherwise prohibited by these Terms; and (e) cooperate with Beyond Mobile to investigate any suspected unlawful, fraudulent or improper activity.
26. Copyright and Other Intellectual Property Rights. The Site contains copyrighted material, trade-marks and other proprietary and in some circumstances confidential information of Beyond Mobile and its affiliated entities and their licensors and other third party product and service providers, which may include, but shall not be limited to: text, software, photos, video, graphics, images, music, software and sound (collectively “Proprietary Material”). All Proprietary Material is owned by Beyond Mobile and its affiliated entities and their licensors and third party providers, as applicable, and is protected by applicable intellectual property rights including copyright, patent and trade-mark legislation and treaties. You agree not to modify, publish, copy, transmit, register or claim title to, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material except for copying that occurs in the ordinary course of browsing the Site and personal copies of Site information that you make for your personal use including for your own records. You agree to respect any copyright, trade-mark, patent and other proprietary rights contained in any Proprietary Material on the Site.
27. Information and Privacy. Beyond Mobile respects your privacy and will take reasonable steps to protect your information and the privacy of other Beyond Mobile users. By agreeing to these Terms, you acknowledge and consent to the Beyond Mobile Privacy Policy.
28. Links. The links included within the Site may cause you to leave the Site in order to gain access to other web sites (“Linked Sites”). The Linked Sites are not under the control of Beyond Mobile and Beyond Mobile is not responsible for the content of any Linked Site or any link contained in a Linked Site, or any changes or updates to such sites. Such links are provided to you only as a convenience. Beyond Mobile may amend, add or delete links on the Site in its sole discretion. When you access Linked Sites, you do so at your own risk.
29. Third-Party Products. Beyond Mobile provides access to products and services through its Site which may be offered by third-parties.  The terms of sale of any of the products and services offered by Beyond Mobile are governed by (i) any Agreement you have entered into by and between you and Beyond Mobile, (ii) by any other express terms provided to you by Beyond Mobile, or (iii) by the manufacturers or providers of such products and services (collectively, the “Terms of Sale”).  Except as set forth in the Terms of Sale, Beyond Mobile does not warrant those products and services and does not endorse them.  Beyond Mobile shall not be responsible or be liable for the actions, products, services of any third-party offered through the Site.  Beyond Mobile does not warrant the information, graphic depictions or product and service descriptions provided by any such third-parties.  Any data plans and features offered with any product and service sold on the Site, are subject to the terms and conditions of use offered by the provider of such plans and features and changes may apply for data sent or received.  You acknowledge that you have read all Terms of Sale and agree to be bound by them.
30. Disclaimers/Limitation of Liability. EXCEPT AS SPECIFICALLY SET FORTH ON THIS SITE OR THE TERMS OF SALE, BEYOND MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SITE OR ANY OF THE PRODUCTS OR SERVICES SOLD ON THE SITE, FOR ANY PURPOSE. THE SITE AND THE PRODUCTS AND SERVICES SOLD ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BEYOND MOBILE HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SITE AND THE PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.Without limiting the generality of the foregoing you acknowledge and agree that Beyond Mobile:

1. 1. Does not represent or warrant that the Site or any service sold (including any data plans or features) on the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the servers that make it available, are free of viruses or other harmful components;
   2. Does not represent or warrant that the use or the results of the use of the Site will be correct, accurate, timely, or otherwise reliable;
   3. Shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site; and
   4. Shall not be responsible for any loss due to payments to unintended users due to the input by you of incorrect information or for payments in incorrect amounts.

 

IN NO EVENT SHALL BEYOND MOBILE, ITS AFFILIATES, AGENTS, LICENSORS, MEMBERS, MANAGERS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT DAMAGES OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ANY OF THE PRODUCTS OR SERVICES EXCEPT AS EXPRESSLY SET FORTH ON THE SITE OR IN ANY AGREEMENT BETWEEN YOU AND BEYOND MOBILE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

IN NO EVENT SHALL THE TOTAL LIABILITY OF BEYOND MOBILE TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION DIRECTLY RELATED TO YOUR USE OF THE SITE EXCEED THE AMOUNT YOU PAID FOR THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SITE. IN NO EVENT SHALL BEYOND MOBILE, ITS AFFILIATES, AGENTS, LICENSORS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY OF ITS SUPPLIERS OR ANY OTHER USERS OF THE SERVICE, OR FOR ANY CIRCUMSTANCE BEYOND THEIR REASONABLE CONTROL.

SOME STATE LAWS LIMIT THE EXTENT TO WHICH THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY APPLY AND IN THAT CASE IT IS INTENDED THAT THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE GREATEST EXTENT OF THE APPLICABLE LAW.

1. Indemnification. You agree to indemnify and hold harmless Beyond Mobile, its affiliates, agents, licensors, directors, officers and employees, from any loss, claim, demand, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable lawyers’ fees, sustained, incurred or paid by any such indemnified party and due to or arising out of your use of the Site or your conduct or due to any transactions or activities that you otherwise engage in with any third party in connection with the Site.
2. Termination. These terms are effective until terminated by Beyond Mobile. Beyond Mobile may terminate these Terms and limit your access to any part or all of the Site and any related service(s) at any time: (a) upon your breach, suspected breach or anticipated breach of any of these Terms or any Terms of Sale, all as determined by Beyond Mobile; (b) at any time upon any order or anticipated order of any regulatory body or agency which would limit in any way the provision of the Service, with such termination effective immediately (c) at the request of a third party provider whose service you are using or you have purchased; or (d) at any time, without cause, upon thirty (30) days’ notice to you. 
3. Suspension of Service. Beyond Mobile has the right at any time to suspend the Site generally or with respect to any particular user including yourself for any reason whatsoever as determined in its sole discretion. 
4. Communications. Your email address is the primary means used to contact you about matters concerning the Service and your password and user name are the sole means used to access your account. You are responsible for ensuring that your email address, and any other address registered on your profile, is current and operational at all times. You agree that you are solely responsible for maintaining the confidentiality of the password and account granting you access to the Service and that you are responsible for all activities that occur under your password account or any other breach of security you.
5. Automatic Billing. You may enroll in automatic filling for certain services.  Your enrollment is subject to the recurring billing terms and conditions available here “BEYOND MOBILE RECURRING BILLING AUTHORIZATION AND TERMS OF SERVICE AGREEMENT”.
6. S. Export Laws. Your use of the Site is subject to U.S. export control laws and regulations.  You represent that you are not a citizen of an embargoed country or prohibited end user under applicable U.S. export and anti-terrorism laws, regulations and lists.  You will not use, export or allow a third party to use or export any Site services or products in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations.
7. Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflict of laws. All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the State of Ohio. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and each party hereby consent to any such disputes being so resolved. THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL, TRIAL BY JUDGE OR CLASS ACTION OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THESE TERMS, ANY OF THE RELATED DOCUMENTS, AND/OR DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THESE TERMS.
8. Changes to these Terms. Beyond Mobile reserves the right to change these Terms at any time.  If Beyond Mobile changes these Terms, it will adjust the “Last Modified” date at the bottom of these Terms and post such changed Terms on the Site. For this reason, you should check the Terms each time you use the Service to keep informed of any changes to the Terms. Your continued use of the Service after such change will constitute your: (a) acknowledgment of the modified Terms; and (b) your agreement to abide and be bound by those Terms.
9. Assignability. You shall not transfer or assign, by operation of law or otherwise any rights or obligations you have under these Terms without the prior written consent of Beyond Mobile. Beyond Mobile may assign any right or obligation under these Terms without your consent.
10. Miscellaneous. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remainder of the Terms shall continue in full force and effect. Unless otherwise specified herein, these Terms and the Terms of the Merchant Agreement, as applicable, constitute the entire agreement between you and Beyond Mobile with respect to the Service and any products or services sold through Beyond Mobile and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Beyond Mobile with respect to the Service.
11. Third Party Reliance. You hereby certify that you will use the Service to process transactions in the name of the Beyond Mobile user only.
12. Warranties. You agree that you are at least 18 years of age, and are fully able and competent to use the Site and any services provided on the Site and enter into these Terms and agree to any Terms of Sale. You agree that any information you provide is true, accurate and complete.    You acknowledge that Beyond Mobile may take any actions it deems necessary or advisable to protect the security of the Site.  You also agree that you may not use any other party’s information in order to access the Service and that you will use the Service solely for the purposes intended.
13. Contact Us. If you have any questions, you may contact us at [email protected].

 

Last Modified:  May, 2023.