These terms and conditions (the "Terms") govern your use of the Shopkit point of sale system (the "Service") provided by Exarth, a company incorporated under the laws of [insert jurisdiction]. By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

Use of Service

The Service is intended for use by businesses and individuals who are authorized to bind their businesses to these Terms. You may use the Service only in accordance with these Terms and all applicable laws and regulations.

You are responsible for obtaining and maintaining all equipment and services needed to access and use the Service, including, without limitation, a compatible device and internet access. You are also responsible for all charges related to accessing the Service, including any data charges imposed by your mobile or internet service provider.

Intellectual Property

The Service and its content, features, and functionality, including, without limitation, all software, text, graphics, and user interfaces, are owned by Exarth or its licensors and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any rights to use the Exarth or Shopkit logos, trademarks, service marks, trade names, domain names, or other distinctive brand features.

User Content

The Service may allow you to upload, submit, or otherwise make available content, including, without limitation, information, data, text, music, sound, photographs, graphics, videos, and other materials (collectively, "User Content"). You retain all rights in and to your User Content, and you are responsible for complying with all laws and regulations applicable to your User Content.

By making any User Content available through the Service, you grant to Exarth a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, and otherwise exploit such User Content in connection with the Service and Exarth's (and its successors' and affiliates') business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

Termination and Modification of Service

Exarth reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Exarth will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

If you breach these Terms, Exarth may, in its sole discretion, at any time terminate or suspend all or a portion of the Service, or your use of all or a portion of the Service, with or without notice and with or without cause.

Upon termination of the Service, your right to use the Service will immediately cease. If you wish to terminate these Terms, you may discontinue using the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Warranty Disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Exarth does not warrant that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free.

You understand and agree that any User Content or other material downloaded or otherwise obtained through the use of the Service is done at your own risk and that you will be solely responsible for any damage to your device or loss of data that results from the download of such material.

Exarth does not warrant or make any representations regarding the use or the results of the use of the Service in terms of its correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.

Limitation of Liability

In no event will Exarth, its officers, directors, employees, agents, affiliates, licensors, or suppliers be liable for any indirect, incidental, special, punitive, or consequential damages (including, without limitation, damages for loss of profits, loss of data, business interruption, or loss of business opportunity) arising out of the use or inability to use the Service, or for any other claim related in any way to your use of the Service, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Exarth is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification

You agree to indemnify, defend, and hold harmless Exarth, its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against all claims, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (i) your use of the Service; (ii) your User Content; (iii) your breach of these Terms; or (iv) your violation of any rights of another person or entity.

Governing Law

These Terms and your use of the Service will be governed under the laws of [insert jurisdiction], without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply.