General

  • This Agreement was last revised on February 22, 2014
  • The Highline service allows you to manage your retail operation including accepting and processing payments, manage inventories, customers, loyalty programs, promotions, and gift cards. This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“you”, “your”) and Highline Software, Inc. (“Highline”, “we”, “out”, “us”) governing the use Highline’s mobile and website applications (the “Service”)
  • By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement.
  • We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
  • Highline grants you permission to use the Service as set forth in this Agreement, provided that you will not copy, distribute, or disclose any part of the Service in any medium, and provided that you will comply with the terms and conditions of this Agreement.
  • Highline will make commercially reasonable efforts to have the service available 24/7, subject to scheduled maintenance, interruptions by third party internet service or infrastructure providers, and downtime required to correct coding errors reported to it from time to time by its users.

User Account

  • In order to use our service you must create a Highline Account (“Account”). Upon the creation of the Account you will be asked for information including your business name and email address. We reserve the right to suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information.
  • You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Highline immediately of any breach of security or unauthorized use of your Account. Although Highline will not be liable for your losses caused by any unauthorized use of your Account, you shall be liable for the losses of Highline or others due to such unauthorized use.

Software and hardware Compatibility

  • The mobile and website software associated with our service is part of our service. You must install the mobile application in order to process sales transactions. You must install updates to the mobile software as they become available.
  • The mobile software is compatible with Apple’s iPad, iPod, or iPhone running the latest version of iOS.
  • The website application is compatible with current versions of Safari, Google Chrome, Firefox, IE9, and IE10. The application might not function properly on other browsers, or on old browsers.
  • You can process cash-sales using the mobile application. However, to process credit card payments a compatible credit card reader must be attached to the iOS device. Highline supports the EMV ready Verifone Payware E-315. The device must be attached to a 5th generation iPod or an iPhone 5 device. The Veridone E-315 is also equipped with 2D laser barcode scanner that can be used with our software.

Credit Card Payments

  • The Service allows you to process Card Payments from Highline’s mobile application, using compatible hardware.
  • To process Card Payments you must have a merchant account with an Acquiring Bank that is supported by us, and you must configure your Account with your merchant account information. A list of the Payment Processors supported by us appears in the account management page of the website application.
  • Highline is not an Acquiring Bank, a Bank, or a Payment Processor, and does not settle credit card payments. For Card Payments Highline merely acts as a gateway, relaying payment requests to the Payment Processor. Any payment related issues, including, but not limited to chargebacks, rejections of certain card payments, settlements, or the transfer of funds must be communicated and settled directly with the Acquiring Bank or the Payment Processor. We will make reasonable efforts to facilitate such issues by providing you with information that could assist you in your communication with your Acquiring Bank or Payment Processor.
  • Our software has been designed to be highly secure and has been validated to comply with the Payment Card Industry (PCI) Data Security Standard (DSS). However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. In the unlikely event that our service has been compromised and your customers’ card data have been stolen, you agree to not hold us liable for any losses or other damages to your business. You should notify us immediately if you suspect a security breach.

Gift Cards

  • The Service allows you to sell gift cards to customers, which can later be redeemed for purchases. Gift cards can be issued on a magnetic stripe cards or on Apple’s Passbook.
  • You agree to not hold us liable for any theft or fraud associated with the use of gift cards.

Unauthorized or illegal use

  • You are solely responsible for any customer data uploaded to your Account.
  • You agree that all your activities facilitated by Highline do not violate any applicable law. Highline reserves the right to suspend an Account which we believe facilitates illegal activities or fraud.
  • We will suspend or close Accounts if we are ordered to do so by a U.S. court or other entity authorized by the U.S. government to make such demands.
  • Our service is intended to be used in the United State.. By using Highline you confirm that you are a legal resident or a citizen of the United States, or a business authorized to conduct business in the US.
  • By using our service you represent that you are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement
  • You may not act as a reseller of our service or part of our service. You may not transfer your Account to any other entity.

Payments

  • Our service is provided to you for free for your first store location, although we reserve the right to change this upon 180 days prior notice to you. Upon the creation of your second (vending) location you will be asked to provide us with a valid credit card which will be used to charge you for the service’s monthly fees. Service fees are listed on our website.
  • We will notify you by email each time we charge your card, or if your card has been declined.
  • We reserve the right to suspend your Account if we can’t charge your card for more than 30 days past the due date of any fee. We reserve the right to delete all your customer data if payment is overdue by more than six months.

APIs

  • Our Service provides you with a programmable interface (“APIs"). The APIs allows you (or 3rd party acting on your behalf) to connect to our platform to perform certain functions such as the retrieval or update of customer data. There is no extra charge for accessing our software via the APIs, however, we reserve right to suspend access through the APIs if we detect potential fraud, or what deemed to be abusive use.

Privacy policy

  • All your customer data uploaded or generated by you is your sole property.
  • We will never share any information about you or your customer data with any other customer or 3rd party for any purpose.
  • Unless permitted by you, we will not disclose to anyone or advertise on our website that you are a user of our service.
  • We may use your customer data for internal purposes such as improving our service, or to investigate and prevent fraud or other illegal activities.
  • We may use the email address provided by you to communicate messages related to your Account or our service.

Availability, interruptions

  • You agree to not hold us liable for any interruptions in our service whether or not they result in a loss to you.

License Grant

  • Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Highline reserves all rights not expressly granted herein in the Service.

Our Proprietary Rights

  • Except for your customer data, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Highline Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Highline and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Highline Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

Termination

  • You may terminate your Account at any time. By terminating your Account you authorize us to delete your customer data.
  • We may terminate this Agreement or suspend or close your account for any reason or no reason at any time upon notice to you. We may also suspend the service and access to your account if you (a) have violated the terms of this Agreement or any other agreement you have with us (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.

Additional Representations and Warranties

Indemnity

You agree to defend, indemnify and hold harmless Highline and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HIGHLINE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. HIGHLINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HIGHLINE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HIGHLINE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGHLINE, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL HIGHLINE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIGHLINE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HIGHLINE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HIGHLINE HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HIGHLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the United States. Highline makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Highline without restriction.

General

A. Governing Law. You agree that: (i) the Service shall be deemed solely based in New York and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Highline, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Highline that arises in whole or in part from the Service shall subject to binding arbitration before three arbitrators in New York City, pursuant to the rules of the American Arbitration Associations.

B. Notification Procedures. Highline may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Highline in our sole discretion. Highline reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

C. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by Highline via the Service, shall constitute the entire agreement between you and Highline concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

D. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Highline's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.