End-User License Agreement ("Agreement")

Please read this End-User License Agreement carefully before signing a service order with YCS PR Corp, or installing or using the Software.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

• Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Software.
• Software means the YCS software products identified in Your service order with the Company, which may include YCS Card, YCS Fiscal, and Pay@Table, as provided by the Company and installed on Your Device, together with any updates the Company makes available to You.
• Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to YCS PR CORP, Calle Luciano Vazquez 9337, San Juan, PR 00937.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
• Country refers to: Puerto Rico.
• Device means any point-of-sale terminal, computer, or other equipment on which the Software is installed or from which it is accessed.
• Third-Party Services means any services or content (including data, information, applications, and other products or services) provided by a third party that may be displayed, included, or made available by the Software.
• You means the individual accessing or using the Software, or the company or other legal entity on behalf of which such individual is accessing or using the Software, as applicable.

Acknowledgment

By signing a service order with the Company that references this Agreement, or by installing or using the Software, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not sign the service order and do not use the Software.

This Agreement is a legal document between You and the Company and it governs your use of the Software made available to You by the Company.

The Software is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

The Company grants You a limited, non-exclusive, non-transferable, revocable license to install and use the Software solely for the internal business operations of the licensed establishment(s), in accordance with this Agreement.

Product-Specific Terms

The following additional terms apply to a product only if it is included in Your service order. If these product-specific terms conflict with the rest of this Agreement, the product-specific terms control for that product.

YCS Fiscal. YCS Fiscal helps prepare and transmit fiscal information from Your point-of-sale system to the Puerto Rico Department of Treasury (Hacienda). You remain solely responsible for Your tax obligations, for the accuracy of the information entered into Your point-of-sale system, and for obtaining and maintaining any certifications, permits, or registrations required for Your establishment(s), including any reduced sales tax rate certification. The Company does not provide tax, accounting, or legal advice, and use of YCS Fiscal does not guarantee that Hacienda will issue or maintain any certification, or that You will avoid audits, penalties, or fines. Fiscal and transaction information processed by YCS Fiscal may be transmitted to Hacienda and to the Company's systems as needed to provide the Software, as described in our Privacy Policy.

YCS Card. YCS Card connects card payment transactions with Your point-of-sale system. Card payments are processed through Your payment processor and the applicable card networks, and You are responsible for Your agreements with them, including their fees, rules, and requirements. You are responsible for chargebacks, refunds, and payment disputes, and for keeping Your Devices and cardholder data secure in accordance with applicable standards. The Company is not responsible for the acts, omissions, fees, or availability of Your payment processor, card networks, or financial institutions.

Pay@Table. Pay@Table consists of payment devices and related Software used by Your staff to accept card-present payments at the table, including chip, contactless, and digital wallet payments such as Apple Pay, where supported by Your payment processor and the device. Pay@Table devices may be used only by authorized staff of the licensed establishment(s), must be kept physically secure, and must be used in accordance with the Company's instructions. You are responsible for safeguarding any payment devices in Your possession.

Third-Party Services

The Software may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.

You must comply with applicable third parties' terms of agreement when using the Software. Third-Party Services and links thereto are provided solely as a convenience to You, and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by notifying the Company in writing and ceasing all use of the Software.

Upon termination of this Agreement, You shall cease all use of the Software and delete, or allow the Company to remove, all copies of the Software from your Device(s).

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under this Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Software is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Software; or (iv) that the Software, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You for the Software or through the Software, or 100 USD if You haven't purchased anything through the Software.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and/or third-party hardware used with the Software, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Severability and Waiver

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Software.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Software after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Software.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Software. Your use of the Software may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If you have any questions about this Agreement, You can contact Us:

• By email: contact@ycspr.net
• By visiting this page on our website: https://ycspr.net