PRIVACY POLICY

1. Definitions

Under these Terms,

• GPOS means the Store Management Program (GPOS) developed by the Service Provider for store management purposes, including but not limited to GPOS, GPOS Mobile Dashboard, and Web Backoffice.
• Service Provider means G POS Co., Ltd., with its head office located at 459, 3rd Floor, Theparak Road, Bang Na Nuea Subdistrict, Bang Na District, Bangkok, which develops and provides the GPOS system under these Terms.
• User means any individual or legal entity who uses or is a member of GPOS, by any method, nature, and through any device or channel.
• Service means the services provided by the Service Provider to the User under these Terms, including the use of the software, updates, maintenance, technical support, and cloud storage services.
• Personal Data means any information, whether of the User or another person, that can identify that individual, directly or indirectly, according to the Personal Data Protection Act B.E. 2562 (2019).
• Customer Data means any data stored in the GPOS system by the User, related to the User’s transactions or business activities, such as customer information, product data, sales reports, etc.
• Force Majeure means any event that is beyond the control of and cannot be prevented or avoided by the Service Provider, including but not limited to natural disasters, war, terrorism, fire, flood, strikes, legal changes, or orders from government authorities.
• Third Party means any individual or legal entity who is neither the Service Provider nor the User under these Terms, including providers of systems that work in conjunction with GPOS, such as payment gateway providers or delivery platforms.
• Service Fees means the amount of money that the User must pay to the Service Provider for using the Service, as specified under these Terms.

2. Terms of Use and Scope of Service

By using GPOS, the User agrees to be bound by these Terms. The Service Provider grants the User permission to use GPOS under these Terms, with the following scope and details of service (hereinafter referred to as the 'Service'):

• GPOS services, including but not limited to GPOS, GPOS Mobile Dashboard, Web Backoffice, and other features that may be provided in the future.
• Software maintenance and updates, technical support, and cloud storage in accordance with the terms and conditions set forth herein.

The User acknowledges and understands that the GPOS service requires compatible systems and devices, specifically SUNMI devices.

3. Service Fees and Payment Methods

The User agrees and acknowledges that the GPOS service is provided by the company free of charge unless otherwise specified, announced, or notified in advance regarding charges for specific services, features, or parts of the system.

In the event that service fees are applied, whether monthly, annually, or otherwise, the User agrees to pay in advance according to the rates and methods provided in writing or via the company's electronic channels.

The User acknowledges that the company reserves the right to modify or update the service fee conditions, including methods of billing and payment, in whole or in part, as deemed appropriate or necessary.

4. User Account

In using GPOS, the Service Provider may provide a user account to the User. The Service Provider has the sole discretion to approve the account registration, define the type of account, assign access rights, determine related fees, and specify the responsibilities associated with that account.

The User agrees to strictly maintain the confidentiality of their password and any other information and to make every effort to prevent third-party access to their account.

5. Prohibited Use of GPOS

Under no circumstances shall the User use GPOS, directly or indirectly, in any of the following manners:

• Engage in any action that violates laws, court rulings, or orders of the government or state agencies.
• Engage in any action that may disrupt public order or contradict customary practices.
• Engage in any action that infringes upon intellectual property rights, including but not limited to copyrights, trademarks, and patents.
• Engage in any action that involves the unlawful collection, disclosure, or provision of personal data.
• Engage in any action that interferes with GPOS servers, code, or network infrastructure.

6. Protection of Personal and Customer Data

The User agrees to strictly comply with the terms and conditions related to the protection of personal and customer data as detailed below:

• Customer Data Protection: Any customer-related information generated or recorded in GPOS, including data obtained during business operations such as customer names, delivery addresses, emails, phone numbers, and payment details.
• User Personal Data Protection: The User acknowledges and consents that the Service Provider may collect, use, or disclose their personal data as necessary for providing the service.

7. User Warranties and Responsibilities

By using GPOS, the User warrants and undertakes to the Service Provider the following:

• The User has thoroughly read and understood all terms and conditions of this agreement, and agrees to be bound by them.
• The User acknowledges that these Terms constitute a legally binding agreement between the User and the Service Provider.
• The User understands that the Service Provider has the right to collect, process, and use the User's personal data in accordance with the Privacy Policy.
• If any third party files a claim or initiates legal proceedings against the User regarding the use of GPOS, the User agrees to resolve the issue at their own cost and effort, and to prevent the Service Provider from becoming involved.
• If the Service Provider incurs damages or expenses resulting from the User's use of GPOS, the User agrees to fully compensate the Service Provider.

8. Breach of Terms by the User

In the following cases:

• The User violates any provision, warranty, or guideline provided by the Service Provider, whether general or specific.
• The User uses GPOS for unlawful purposes or in ways that disrupt public order.
• The User causes damage to GPOS, the Service Provider, other users, or third parties.
• The User fails to pay service fees or engages in actions deemed inappropriate by the Service Provider.
• The Service Provider may, at its sole discretion, issue a formal warning to the User or:
• Temporarily suspend part or all of the services by providing written notice before or during the suspension.
• Terminate or cancel the services with written notice to the User.

If services are suspended, terminated, or canceled, the User acknowledges that the Service Provider shall not be liable for any loss, damage, claims, or expenses resulting therefrom.

If the User wishes to discontinue using GPOS, they must notify the Service Provider in writing at least 15 days before the next billing cycle.

9. Consequences of Termination or Cancellation

• Upon termination or cancellation of the service, all rights of the User to access and use GPOS and its related services shall immediately cease, except for information that must be retained by law. The Service Provider may delete, destroy, or return stored data without responsibility for data retention. Users must back up their important data prior to termination or cancellation.
• If the termination or cancellation results from a breach of these Terms, the Service Provider may claim all damages and related legal and attorney fees.
• Termination or cancellation under these Terms does not affect any pre-existing rights or obligations.
• The User agrees that termination or cancellation shall not entitle them to any compensation unless caused by the Service Provider's intent or gross negligence.

10. Service Availability

The User acknowledges that the Service Provider may temporarily or permanently suspend GPOS, in whole or in part, without any obligation for compensation, in the following cases:

• Maintenance of tools and equipment necessary for GPOS operation.
• Improvement and development of system components required for GPOS.
• Inoperability of tools, equipment, or systems whether owned by the Service Provider or third parties.
• Force majeure events such as power outages, communication failures, accidents, natural disasters, strikes, legal enforcement, or regulatory changes.

11. Limitation of Liability

The User acknowledges and agrees that the Service Provider shall not be liable for the following circumstances, whether explicitly or implicitly:

• Guarantees regarding GPOS’s stability, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, or absence of errors.
• Any damage incurred by the User from using GPOS, including damage to equipment, systems, or data loss.
• Any damage resulting from the User's own actions, whether intentional or not.
• Any damage caused by third parties, such as unauthorized access (hackers).
• Any damage arising from internal components of GPOS operated by third-party payment processors or service providers.

The User accepts that the Service Provider has no obligation to compensate for any damage arising from the above scenarios.

12. Intellectual Property

All intellectual property rights, including but not limited to copyrights, patents, trademarks, service marks, trade names, and any system design related to or within GPOS, are the exclusive rights of the Service Provider. The User is granted a non-transferable, revocable license to use such rights only as permitted under these Terms.

13. Confidentiality

During use of GPOS, the User may become aware of confidential information from the Service Provider or other parties not publicly disclosed. The User agrees to keep such information strictly confidential and not disclose, publish, announce, or share it with third parties, except as required by law or with written consent from the Service Provider.

14. Support, Maintenance, and Additional Services

If the User experiences issues with GPOS, the Service Provider agrees to provide support, maintenance, and additional services as follows:

• Consultation and technical support during business hours from 9:00 AM to 10:00 PM daily (excluding on-site support, which may incur additional charges).
• GPOS updates and upgrades, if applicable.
• Cloud storage in accordance with the allocated amount defined by the Service Provider.

The Service Provider may deny or terminate support and maintenance services if the User is found to be in breach of Clause 8.

15. General Provisions

• Amendments : The Service Provider may amend these Terms by notifying the User at least 15 days before such changes take effect.
• Relationship : These Terms do not establish an employer-employee or partnership relationship between the User and the Service Provider.
• Assignment : The User agrees not to assign any rights, duties, or obligations under these Terms without prior written consent from the Service Provider.
• Waiver : Failure or delay by the Service Provider to enforce any right shall not be deemed a waiver thereof.
• Notices : Notices shall be deemed served if made in writing and delivered via registered mail or electronic means such as www.gpos.co.th, GPOS inbox, or the registered email of the User.
• Governing Law and Dispute Resolution : These Terms are governed by the laws of Thailand. In case of disputes, both parties shall negotiate in good faith, and if unresolved, the matter shall be submitted to the competent Thai court.