1. Definitions
"Software" means the Mainstay POS desktop application, including updates we make available. "Demo Period" means the fourteen (14) days beginning when your demo license key is issued. "Device" means a single computer on which the Software is activated. "Merchant Data" means all business records you create with the Software — sales, inventory, customers, employees, settings, and reports.
2. Demo license
We grant you a personal, non-exclusive, non-transferable license to install and use the Software on one Device for your own business evaluation during the Demo Period. The demo is the full product, not a limited version. We may issue one demo per business.
3. Permanent license (after the demo)
Continuing past the Demo Period requires purchase of a perpetual license: a one-time fee, per business location, granting you the right to use the version you purchased for as long as you like. Purchase is a separate, explicit transaction — it does not happen automatically when the Demo Period ends. Pricing and any optional support plans are stated at purchase.
4. Your data is yours
- Merchant Data is stored locally on your Device. We do not host it, and the Software does not require a connection to our servers to ring sales.
- You own all Merchant Data. If you stop using the Software, your data remains on your machine in an open, standard database format.
- You are responsible for backups. The Software includes local backup tools; we recommend backing up to external media on a schedule.
5. Payment method on file
A valid payment card is required at signup to verify your business. Your card is not charged during the Demo Period, and will never be charged without prior notice to you and your consent. Card details are handled by our payment processor; we do not store full card numbers on our systems.
6. Restrictions
You may not: (a) redistribute, sell, rent, or sublicense the Software; (b) reverse-engineer, decompile, or disassemble it except to the extent applicable law permits despite this limitation; (c) use one demo key on more than one Device; or (d) use the Software to violate applicable law, including tax and consumer-protection law.
7. Updates and support
During the Demo Period we provide the current release of the Software and email support for setup. Updates and support after purchase are described in your purchase terms. The Software is designed to keep functioning without internet connectivity and without any ongoing subscription.
8. Electronic acceptance
Checking the acceptance box at signup and submitting the form constitutes your electronic signature and creates a binding agreement. We record the name, business, email, date/time, and agreement version you accepted, and include that record in your signup confirmation.
9. Disclaimer of warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" DURING THE DEMO PERIOD, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ARE RESPONSIBLE FOR VERIFYING THAT THE SOFTWARE SUITS YOUR BUSINESS, INCLUDING TAX CONFIGURATION, BEFORE RELYING ON IT.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID US FOR THE SOFTWARE (WHICH, DURING THE DEMO PERIOD, IS ZERO DOLLARS), AND IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA. Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the smallest amount the law allows.
11. Term and termination
This Agreement starts when you accept it and, unless you purchase a permanent license, ends when the Demo Period expires or when either party terminates it for breach. On expiry or termination of the demo, your right to use the Software ends; your Merchant Data remains yours and remains on your Device.
12. General
This Agreement is governed by the laws of the State of Texas, without regard to conflicts-of-law rules, and any dispute will be brought in the state or federal courts located in Texas. If any provision is unenforceable, the remainder stays in effect. This is the entire agreement regarding the demo and supersedes prior discussions.
13. Contact
Questions about this Agreement or your demo: mainstay@alliedonemarketing.com.