Authorized User Terms of Use
Updated 12/11/2019
These Software Terms of Use (“Terms of Use”) govern your use of the GlobalTill point of sale (SaaS) (the “Software”), including all user manuals, technical manuals and any other materials provided by Licensor, in printed, electronic or other form, that describe the Software or its use or specifications (the “Documentation”) provided to you (“you” or “your”) for use pursuant to and subject to a software license agreement (the “Software License Agreement”) between 1379769 Alberta Ltd. doing business as GlobalTill (“Licensor”) and your employer or other person or entity who owns or otherwise lawfully controls the computer on which the Software is installed (“Licensee”)
1 - License Grant
Subject to your strict compliance with these Terms of Use, Licensor hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Software solely in accordance with the Documentation, for Licensee’s internal business purposes. The foregoing license will terminate immediately on the earlier to occur of:
the expiration or earlier termination of the Software License Agreement between Licensor and Licensee; or
your ceasing to be authorized by Licensor to use the Software for any or no reason.
2 - Use Restrictions
You shall not, directly or indirectly:
use the Software or Documentation except as set forth in Section 1;
copy the Documentation, in whole or in part;
modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof;
combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs;
reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software or any part
remove, delete, alter or obscure any trade-marks or any copyright, trade-mark, patent or other intellectual property or proprietary rights notices included on or in the Software or Documentation, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise provide any access to or use of the Software or any features or functionality of the Software, for any reason, to any other person or entity, including any subcontractor, independent contractor, affiliate or service provider of Licensee, whether or not over a network and whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service;
use the Software or Documentation in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including:
- (i) power generation systems;
- (ii) aircraft navigation or communications systems, air traffic control systems or any other transport management systems;
- (iii) safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and
- (iv) military or aerospace applications, weapons systems or environments;
use the Software or Documentation in violation of any law, regulation or rule; or
use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service or any other purpose that is to the Licensor’s commercial disadvantage.
3 - Compliance Measures
The Software contains security features designed to prevent unauthorized use of the Software, including features to protect against use of the Software:
beyond the scope of the license granted to under Section 1;
prohibited under Section 2.
You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any workaround to, any such security features.
4 - Collection and Use of Information
Licensor may, directly or indirectly through the services of others, collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used, by means of (i) providing maintenance and support services and (ii) security measures included in the Software as described in Section 3.
You agree that the Licensor may use such information for any purpose related to any use of the Software by you, including but not limited to: (i) improving the performance of the Software or developing updates; (ii) verifying compliance with the terms of this Agreement and enforcing Licensor’s rights, including all intellectual property rights in and to the Software; and (iii) providing such information for sale to a third party.
5 - Intellectual Property Rights
You acknowledge that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights to the Software other than to use the Software in accordance with the license granted under this Agreement, subject to all terms, conditions and restrictions. Licensor and its licensors and service providers]\ reserves and shall retain their entire right, title and interest in and to the Software and all intellectual property rights arising out of or relating to the Software, subject to the license expressly granted to the Licensee in this Agreement. You shall safeguard all Software from infringement, misappropriation, theft, misuse or unauthorized access.
6 - Disclaimer of Liability
IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE. YOU ARE PROVIDED THE SOFTWARE UNDER THE SOFTWARE LICENSE AGREEMENT BETWEEN LICENSOR AND LICENSEE, SOLELY FOR THE BENEFIT OF LICENSEE AND AT LICENSEE’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SOFTWARE SHALL BE SOLELY TO LICENSEE UNDER THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
7 - Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the Province of Alberta of and the federal laws of Canada applicable therein.
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Maintenance And Support
Support Policy
GobalTill support is available from 9:00 a.m. to 4:00 p.m. Mountain Standard Time Monday through Friday, except as otherwise noted.
Non-urgent support requests received after hours will be answered on the next business day. Urgent support requests will be answered on a best effort basis after hours, however, GlobalTill does not provide any guarantees. GlobalTill considers urgent requests to be situations in which Licensee is unable to transact (perform sales & collect payment).
This does not constitute a service level agreement (SLA), however, one can be negotiated based on Licensee’s needs.
Scope of Support
GlobalTill provides assistance with performing common retail operations within GlobalTill.
GlobalTill does not provide operational level support to your business. GlobalTill will assist Licensee in making changes to its data like product pricing, entering supplier invoices & the like by providing instructional and ‘how to’ support - however, GlobalTill support cannot perform these operations for Licensee.
Augmented operational support and consulting is available from our professional services team for an additional fee based on the needs and scope of Licensee’s business.
Hardware Support
Hardware purchased directly through GlobalTill is guaranteed to be compatible with GlobalTill for at least 3 years from the date of purchase, though in practice the hardware we sell remains useful far beyond the 3 year period.
If Licensee provides its own hardware it does so at its own risk. GlobalTill will help troubleshoot third party hardware compatibility issues on a best effort basis, however, these issues are prioritized lower due to the disproportionate amount of time it takes to service these requests.
Support Channels
The primary support mechanism for GlobalTill is our in-app chat system called Intercom. To access Intercom, click on the chat button in the bottom right hand corner from anywhere in the GlobalTill back office. GlobalTill can also be contacted for support at support@ops.globaltill.com.
On Site Support
Support issues that require an on-site presence are subject to an additional fee of $175/hour + travel time with a minimum of 1 hour. These prices are applicable to GlobalTill personnel only and may not reflective of prices from GlobalTill's resellers.
On-site support is not guaranteed and depends on available support resources in your geographic region.
Licensee may request a preliminary quote for on-site service prior to accepting onsite support.
Tiered Support
If Licensee purchases GlobalTill through one of our resellers, they will be Licensee’s first point of contact for assistance and information using the Software. If any issues cannot be resolved by them, they will escalate the issue to a member of the GlobalTill support team who will assist Licensee and/or Reseller further. Please allow the Reseller to escalate the issue directly with GlobalTill as they typically provide critical information needed to assist you more efficiently and effectively.
If at any time Licensee needs to reach GlobalTill directly, Licensee may send an email to support@ops.globaltill.com.
On Boarding & Setup
GlobalTill does not offer advanced data retrieval as part of our normal on-boarding process. Licensee is expected to provide copies of product, customer, gift card, & supplier databases in either CSV or Excel format so that it can be loaded into GlobalTill.
Advanced data retrieval is subject to a $250 per hour surcharge (with a 1 hour minimum and billed in 30-minute increments), based on availability. GlobalTill is unable to guarantee the data we extract from your previous point of sale (POS) system is complete, fit for use or accurate. It remains your responsibility to verify all data transferred into the Software.
Failure of GlobalTill to extract usable data does not exempt the Licensee from applicable fees for services rendered.
Custom Development
The Software is provided “as is” with the exception of any unique requirements which are included in a separate development contract. GlobalTill is not expected, nor required to implement any features or provide updates under any specific timeline.
GlobalTill employees and/or resellers may provide informal commitments on functionality that is in the progress of being developed or capable of being developed. This does not constitute a contractual obligation on the part of GlobalTill to provide any such functionality and is merely provided as an informal convenience.
GlobalTill logs all feedback from our customers and provides regular updates, enhancements and new features.
Custom development is available from GlobalTill to meet the needs of Licensee’s business but is quoted and billed separately and in addition to the standard monthly fees.