Terms and Conditions

Program/Brand Name: American Pos

Welcome to American Pos. These Terms & Conditions explain the rules that apply when you use our payment processing services, POS equipment, software, business solutions, or communication services. By purchasing, activating, installing, or using any American Pos product or service, you agree to comply with these Terms.

1. Our Services

American Pos provides complete payment processing solutions designed to help businesses accept card payments efficiently. Our services include Point-of-Sale (POS) systems, payment terminals, business software, hardware installation, payment gateway integration, technical support, merchant onboarding, and other value-added business solutions.

Some products and software available through American Pos are supplied by trusted third-party providers, including Clover, Dejavoo, and other payment technology partners.

2. Acceptance of These Terms

By signing a proposal, Merchant Processing Agreement, Equipment Agreement, or by activating any American Pos equipment or software, you acknowledge that you have read and accepted these Terms & Conditions.

Where another signed agreement specifically addresses pricing, processing fees, equipment financing, or legal obligations, that agreement will take precedence over these general Terms.

3. POS Equipment & Hardware

Equipment supplied by American Pos may be purchased, financed, or leased depending on your agreement.

You agree to:

  • Operate equipment according to manufacturer recommendations.
  • Keep equipment in good working condition.
  • Protect equipment against theft, misuse, physical damage, or unauthorized access.
  • Use only approved accessories and compatible hardware.

Leased equipment remains the property of the leasing company until all contractual obligations have been fulfilled.

Equipment returns, exchanges, or replacements are subject to the return policy outlined in your purchase or lease agreement. 

4. Payment Processing Services

American Pos works alongside authorized payment processors and sponsoring banks to provide merchant processing services.

Settlement of funds, transaction approvals, deposits, chargebacks, and funding schedules are handled directly by your payment processor.

Although American Pos assists with merchant support, we do not control bank funding decisions or processor approvals.

5. Merchant Responsibilities

As a merchant, you agree to:

  • Maintain compliance with PCI DSS requirements.
  • Follow all Visa, Mastercard, Discover, American Express, and card network regulations.
  • Protect customer payment information.
  • Maintain an active business bank account.
  • Promptly notify American Pos of any business ownership or banking changes.

The merchant remains solely responsible for all transactions processed under their account.

6. Chargebacks & Fraud

Chargebacks, disputed transactions, refunds, fraudulent activity, retrieval requests, and cardholder disputes remain the merchant’s responsibility.

American Poscannot guarantee protection against fraud or chargebacks and is not responsible for financial losses resulting from customer disputes or processor assessments. 

7. Pricing & Billing

Processing rates, monthly service fees, software subscriptions, equipment costs, and additional charges are listed within your signed Merchant Processing Agreement or Pricing Schedule.

Failure to maintain payments may result in:

  • Suspension of payment processing
  • Suspension of technical support
  • Service interruption
  • Collection activity where permitted by law 

8. Cancellation & Early Termination

If your agreement contains a minimum service term, early cancellation may result in an Early Termination Fee (ETF) or remaining equipment balance becoming immediately due.

Cancellation procedures must follow the requirements outlined within your Merchant Service Agreement. 

9. Software License

American Pos grants merchants a limited, non-transferable, revocable license to use supported software throughout the active service period.

The software may not be:

  • Copied
  • Modified
  • Reverse engineered
  • Redistributed
  • Licensed to another business without written authorization

All software ownership remains with American Pos or its software partners. 

10. Data Privacy

Business records, customer information, transaction history, and merchant data remain the property of the merchant.

American Pos only accesses information necessary to provide technical support, payment services, compliance assistance, or account management.

Merchant information is handled according to applicable privacy regulations.

11. SMS Communication Program

By providing your mobile number and opting into our SMS program, you agree to receive recurring text messages from American Pos.

These messages may include:

  • Appointment reminders
  • Equipment updates
  • Service notifications
  • Payment reminders
  • Promotional offers
  • Account-related information 

Message frequency may vary.

Standard message and data rates may apply based on your mobile carrier.

You may opt out at any time by replying STOP.

For assistance, reply HELP or contact our Customer Support Team.

Your consent to receive SMS messages is not a condition of purchasing any American Pos products or services. 

12. Service Availability

While American Pos strives to provide reliable service, we cannot guarantee uninterrupted operation of payment processing networks, software platforms, internet connectivity, or third-party services.

Temporary interruptions may occur due to maintenance, processor outages, banking systems, or circumstances beyond our control.

13. Limitation of Liability

To the maximum extent permitted by law, American Pos shall not be liable for indirect, incidental, consequential, punitive, or special damages, including lost profits, business interruption, loss of data, or lost revenue.

Any liability arising directly from American Pos services shall not exceed the total amount paid by the merchant for American Pos services during the three (3) months immediately preceding the event giving rise to the claim. 

14. Governing Law

These Terms & Conditions shall be governed by the laws of the State of New York, United States, without regard to conflict of law principles.

Any legal action relating to these Terms shall be brought within the appropriate courts located in the State of New York.

15. Customer Support

For questions regarding equipment, payment processing, billing, or technical assistance, please contact:

American Pos

  • +1 (833) 666-2068
  • support@theamericanpos.com
  • 445 Broad Hollow Road, Suite 23, Melville, NY 11747, United States

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