Terms of Service
Effective Date: 1 May 2026
Last Updated: 30 May 2026
Legal Entity: Leavestech, a sole proprietorship registered in Ontario, Canada, operating as PlusNitro
Contact: contactus@plusnitro.com
Address: Virtual Office, Ontario, Canada
These Terms of Service (the “Terms”) govern access to and use of the PlusNitro software platform, including NitroFlow, NitroClub, related APIs, dashboards, integrations, automation tools, artificial intelligence features, analytics, support services, and any future modules offered under the PlusNitro brand (collectively, the “Service”).
By accessing or using the Service, creating an account, installing the PlusNitro application through a marketplace such as Clover, or executing an order form referencing these Terms, the merchant, business, or organization using the Service (“Merchant”, “you”, or “your”) agrees to be bound by these Terms.
1. Agreement Structure
These Terms incorporate by reference the PlusNitro Privacy Policy, Data Processing Addendum, Subprocessor Schedule, Acceptable Use Policy, and any applicable order form, statement of work, marketplace listing, or written commercial agreement between PlusNitro and Merchant. If there is a conflict, the following order applies: signed order form, Data Processing Addendum for data protection matters, these Terms, Privacy Policy, Subprocessor Schedule, then Acceptable Use Policy.
2. Eligibility and Authority
Merchant represents and warrants that it is a valid business entity or lawful business operator, has authority to enter into these Terms, and will use the Service only for lawful business purposes. The person accepting these Terms represents that they are authorized to bind Merchant.
3. Services Covered
PlusNitro currently offers or may offer the following services:
- NitroFlow: merchant operations software for order workflows, inventory synchronization, customer data workflows, reporting, analytics, POS integrations, payment-related workflows, staff workflows, delivery workflows, accounting integrations, and operational automation.
- NitroClub: customer loyalty and engagement software for rewards, promotions, customer retention, wallet passes, merchant-directed notifications, loyalty dashboards, and campaign support.
- Future modules: artificial intelligence, recommendations, forecasting, benchmarking, fraud detection, automation, APIs, and additional merchant enablement features.
4. License and Access
Subject to these Terms and timely payment of applicable fees, PlusNitro grants Merchant a limited, non-exclusive, non-transferable, revocable right to access and use the Service for Merchant’s internal business operations. Merchant may not resell, sublicense, lease, copy, modify, reverse engineer, decompile, scrape, benchmark for competitive purposes, or otherwise exploit the Service except as expressly permitted in writing.
5. Merchant Responsibilities
Merchant is solely responsible for its business operations, end customer relationships, marketing activities, data collection practices, product information, pricing, inventory, order fulfillment, customer communications, and compliance with applicable laws. Merchant is responsible for obtaining and maintaining all rights, notices, permissions, consents, opt-ins, and authorizations required for PlusNitro to process Merchant Data and End Customer Data on Merchant’s behalf.
Merchant is solely responsible for compliance with privacy, marketing, consumer protection, food service, tax, communications, anti-spam, and similar laws applicable to Merchant’s use of the Service, including CASL, TCPA, CCPA/CPRA, PIPEDA, and any state or provincial privacy or breach notification laws that apply to Merchant.
6. Data Ownership and Use
Merchant retains ownership of Merchant Data and End Customer Data. PlusNitro retains ownership of the Service, software, workflows, interfaces, algorithms, models, system design, documentation, templates, anonymized insights, aggregated analytics, and all related intellectual property.
PlusNitro may process Merchant Data and End Customer Data to provide, secure, maintain, troubleshoot, support, and improve the Service. PlusNitro may also use anonymized, aggregated, de-identified, and statistical data derived from use of the Service for analytics, benchmarking, fraud prevention, security, service improvement, product development, artificial intelligence, machine learning, forecasting, and operational optimization, provided such data does not reasonably identify an individual end customer or Merchant.
7. End Customer Communications
PlusNitro does not independently decide to send marketing communications to End Customers on its own behalf. Communications sent through the Service are configured, initiated, or controlled by Merchant or Merchant’s authorized users. Merchant is solely responsible for the content, timing, recipient selection, opt-in status, opt-out handling, and legal compliance of such communications.
8. Third-Party Integrations
The Service may interoperate with POS systems, payment systems, SMS providers, email providers, cloud infrastructure, analytics platforms, monitoring services, wallet providers, accounting systems, and other third-party services. Merchant authorizes PlusNitro to access and exchange data with Merchant-authorized third-party systems as necessary to provide the Service.
PlusNitro is not responsible for third-party services, including their availability, accuracy, data practices, security incidents, API changes, outages, data corruption, delays, or fees. Third-party service terms and privacy policies govern Merchant’s use of those systems.
9. Fees, Billing, and Taxes
Fees are set out in the applicable order form, marketplace listing, subscription plan, invoice, or written commercial arrangement. Merchant is responsible for all fees, taxes, duties, and charges associated with its use of the Service. Failure to pay amounts when due may result in suspension or termination of the Service without liability to PlusNitro.
10. Service Level Agreement
PlusNitro targets 99.5% monthly uptime for production Service availability, excluding scheduled maintenance, emergency maintenance, beta features, third-party service failures, marketplace outages, POS outages, SMS/email provider failures, cloud provider incidents, force majeure events, Merchant-side configuration issues, Merchant network failures, or issues caused by Merchant data, credentials, misuse, or unauthorized access.
If production availability falls below 99.5% in a calendar month due solely to a failure within PlusNitro’s reasonable control, Merchant may request the following service credits:
| Monthly Availability | Service Credit |
|---|---|
| 99.0% to 99.49% | 5% of monthly platform fees for affected Service |
| 95.0% to 98.99% | 10% of monthly platform fees for affected Service |
| Below 95.0% | 20% of monthly platform fees for affected Service |
Service credits are Merchant’s sole and exclusive remedy for breach of the SLA. Credits must be requested in writing within 30 days after the month in which the alleged failure occurred. Credits will not exceed fees paid for the affected Service in the affected month and have no cash value.
11. Maintenance
PlusNitro may perform planned maintenance with reasonable notice where practical. PlusNitro may perform emergency maintenance without prior notice where necessary to protect security, reliability, data integrity, or system stability.
12. Suspension
PlusNitro may suspend access immediately, with or without notice, if PlusNitro reasonably believes that Merchant’s use creates a security risk, violates law, violates these Terms, causes service degradation, threatens third-party systems, involves fraud or abuse, or exposes PlusNitro to legal or regulatory risk. PlusNitro has no liability for lawful suspension.
13. Term and Termination
These Terms remain in effect while Merchant uses the Service. Either party may terminate as set out in the applicable commercial arrangement or, if none exists, upon written notice. PlusNitro may terminate immediately for non-payment, unlawful use, material breach, or security risk.
After termination, Merchant access may be disabled. Merchant Data may be retained for a 90-day recovery window unless earlier deletion is required by law or security needs. After the recovery window, data may be permanently deleted, except records retained for legal, tax, accounting, fraud prevention, audit, security, dispute resolution, or compliance purposes.
14. Confidentiality
Each party may receive non-public information from the other. The receiving party must protect confidential information using reasonable care and may use it only for purposes related to the Service. Confidentiality obligations do not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law.
15. Intellectual Property
PlusNitro and its licensors retain all rights, title, and interest in the Service, software, documentation, interfaces, system architecture, workflows, algorithms, AI features, analytics, know-how, trademarks, and related intellectual property. No rights are granted except the limited access rights expressly stated in these Terms.
16. Feedback
If Merchant provides suggestions, ideas, enhancement requests, or feedback, PlusNitro may use them without restriction or compensation.
17. AI and Automated Systems
The Service may include artificial intelligence, machine learning, forecasting, recommendation, anomaly detection, scoring, or automated decision-support features. These features are provided for operational assistance only. Merchant remains responsible for reviewing, validating, and approving business decisions, customer communications, pricing, promotions, inventory actions, and operational changes.
PlusNitro does not warrant that AI outputs are accurate, complete, compliant, or suitable for any specific business outcome.
18. Beta and Preview Features
Beta, preview, trial, experimental, or early-access features are provided “as is”, may be modified or discontinued at any time, and are excluded from the SLA, warranties, support commitments, and liability obligations to the maximum extent permitted by law.
19. Security
PlusNitro uses commercially reasonable administrative, technical, and organizational safeguards designed to protect the Service. Merchant is responsible for securing its own accounts, credentials, devices, staff access, third-party integrations, API keys, and user permissions.
20. Disclaimers
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, PlusNitro disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, accuracy, completeness, and error-free performance.
21. Limitation of Liability
To the maximum extent permitted by law, PlusNitro will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages; lost profits; lost revenue; lost goodwill; business interruption; loss or corruption of data; replacement services; third-party system failures; or claims arising from Merchant’s end customers, even if PlusNitro has been advised of the possibility of such damages.
PlusNitro’s total aggregate liability arising out of or relating to the Service, these Terms, or any related agreement will not exceed the amounts paid by Merchant to PlusNitro for the affected Service during the twelve (12) months immediately preceding the event giving rise to the claim. If Merchant has paid no fees, PlusNitro’s aggregate liability is capped at CAD $100.
The limitations in this section apply regardless of legal theory, including contract, tort, negligence, strict liability, statute, or otherwise, and apply even if any remedy fails of its essential purpose.
22. Indemnification
Merchant will defend, indemnify, and hold harmless PlusNitro, its owner, affiliates, contractors, service providers, successors, and assigns from and against claims, losses, damages, penalties, liabilities, costs, and expenses, including reasonable legal fees, arising from or related to: Merchant’s business operations; Merchant’s products or services; End Customer claims; Merchant’s communications or marketing; Merchant’s failure to obtain consent; Merchant’s violation of privacy, anti-spam, consumer protection, tax, food service, or other laws; Merchant’s misuse of data; Merchant’s configurations; or Merchant’s use of third-party systems.
23. Force Majeure
PlusNitro is not liable for delay or failure caused by events beyond reasonable control, including natural disasters, labor disruptions, internet or telecom failures, cloud provider incidents, POS or payment network failures, government actions, war, terrorism, cyberattacks, supply chain failures, and power outages.
24. Assignment and Future Incorporation
Merchant may not assign these Terms without PlusNitro’s prior written consent. PlusNitro may assign or transfer these Terms, the Service, and related data to a successor, affiliate, purchaser, acquirer, or future incorporated entity, including a future Canadian corporation operating the PlusNitro business, without Merchant consent, provided the successor assumes the relevant obligations.
25. Changes to Terms
PlusNitro may update these Terms from time to time. Material changes will be posted or communicated through reasonable means. Continued use of the Service after the effective date of updated Terms constitutes acceptance.
26. Governing Law and Venue
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. The courts located in Ontario, Canada will have exclusive jurisdiction over disputes arising from or related to these Terms or the Service, unless applicable law requires otherwise.
27. Contact
Questions about these Terms may be sent to:
PlusNitro Legal
contactus@plusnitro.com
Virtual Office, Ontario, Canada