END USER LICENSE AGREEMENT Last Updated: April 15, 2025

Welcome to Cheers Point of Sale

This End User License Agreement (“Agreement”) constitutes a legally binding contract between you (the “Merchant”) and Morning Stars, LLC, doing business as Cheers POS (“Cheers POS,” “Cheerspos,” or “Cheers Point of Sale”). This Agreement governs your access to and use of the Cheers POS web-based software application, including any related services, documentation, or updates (collectively, the “Application”). By accessing or using the Application, you agree to the terms and conditions set forth in this Agreement.

1. LICENSE GRANT AND RESTRICTIONS

Cheers POS grants you a limited, non-exclusive, non-transferable, revocable license to use the Application for your internal business operations only. You agree not to:

Provide access to unauthorized individuals or third parties
Reverse engineer, decompile, disassemble, or attempt to derive source code
Modify, copy, distribute, resell, lease, sublicense, or otherwise make the Application available to others
Circumvent any security features or license management tools of the Application

All rights not expressly granted under this Agreement are reserved by Cheers POS.

2. ACCOUNT CANCELLATION & OWNERSHIP TRANSFER POLICY

To ensure a smooth and compliant offboarding process, any account cancellation or business ownership change must be submitted in writing to support@cheerspos.com.

a. Data Export

Merchants may request a data export of inventory, sales history, and configuration settings. The export will be delivered in CSV or Excel format. A standard fee of $799 applies per export request. Custom formats or additional data may incur further charges.

b. Subscription Access During Transition

After notification of cancellation or ownership transfer, your Cheers POS account will remain active and billable for 60 calendar days. This transition period is intended to allow you to retrieve your data and complete migration activities.

No refunds or prorated credits will be provided for this period.
Continued access is contingent upon payment of outstanding subscription fees.

c. Integrated Payment Processing

For merchants utilizing integrated payment processing services through Cheers POS partners:

Processing services may remain active for up to 60 days after cancellation due to third-party processor deactivation timelines.
Cheers POS has no control over processing timelines and cannot issue refunds for residual fees or delays.
Any fees incurred during this window are non-refundable and your sole responsibility.

d. Ownership Changes

A change in business ownership is treated identically to an account cancellation for purposes of transition, billing, and compliance. The incoming owner must:

Establish a new Cheers POS account and subscription agreement
Sign a new processing agreement (if applicable)
Request a data transfer with written consent from the prior owner

Cheers POS reserves the right to deny or delay data transfers if proper documentation is not provided.

3. SUBSCRIPTION SERVICES

a. Billing and Renewal

All Cheers POS subscriptions are billed monthly in advance. Payment must be made by the due date on your invoice. Subscriptions automatically renew unless you provide written notice of cancellation prior to the end of the current billing cycle.

b. Payment Default

If payment is not received by the due date, Cheers POS may suspend access to the Application without additional notice. Reactivation may be subject to a reinstatement fee.

c. Refund Policy

Refunds are issued solely at the discretion of Cheers POS. No refunds will be provided for partially used billing cycles. Refunds must be requested in writing within 28 days of the end of the billed month.

4. HARDWARE RETURNS AND RESTOCKING FEES

Hardware purchased through Cheers POS may be returned within 30 days of delivery, subject to the following conditions:

Returns must include all original components, accessories, and manuals
Hardware must be in new or like-new condition
A 20% restocking fee applies to all eligible returns
Return shipping is the responsibility of the Merchant

Cheers POS reserves the right to deny returns or issue partial refunds for used, damaged, or incomplete items.

5. PROCESSING DISCLAIMER

Cheers POS provides access to integrated processing services but does not control the rates, fees, or actions of third-party processors. By using these services, you acknowledge that:

Cheers POS is not liable for any fees imposed by the processor
Cheers POS cannot issue or guarantee refunds on behalf of the processor
Changes in processing rates or fees may take up to 60 days or longer
Processing disputes must be addressed directly with the processor

6. NETWORK AND INTERNET REQUIREMENTS

Merchants are responsible for providing and maintaining reliable internet and local network infrastructure. The following apply:

Unstable connections, Wi-Fi disruptions, or hardware interference are not the responsibility of Cheers POS
Support calls involving third-party networking issues may be billable
Minimum technical standards must be met for optimal software performance
Network troubleshooting fees range from $100–$500 depending on scope and labor required

7. APPLICATION UPDATES

Cheers POS may deploy software updates, patches, enhancements, or feature changes at any time. Updates may be mandatory or automatic. By using the Application, you consent to receiving such updates and agree that:

Features may change, be removed, or be replaced without notice
Cheers POS is not obligated to retain or maintain legacy features

8. MERCHANT CONDUCT

Cheers POS expects respectful and professional communication in all interactions. The following behaviors are strictly prohibited:

Verbal abuse, profanity, or intimidation directed at staff
Threatening or harassing behavior during service calls

Violation of this policy may result in account termination with 30 days’ written notice. During this period:

Billing will continue as usual
No refunds will be provided for services rendered

9. INTELLECTUAL PROPERTY AND LICENSE RIGHTS

The Application, its source code, branding, user interface, and all related documentation are the sole property of Cheers POS. You may not:

Replicate, clone, or white-label the Application
Copy any visual, functional, or architectural elements
Claim ownership of any Cheers POS intellectual property

Cheers POS reserves the right to pursue legal action against any unauthorized use or misappropriation of its IP.

10. THIRD-PARTY SERVICES

The Application may integrate or reference third-party services, APIs, or data sources. Cheers POS makes no representations regarding the availability, accuracy, or fitness of third-party offerings. Use of these services is entirely at your own risk.

11. TERMINATION

This Agreement will remain in effect until terminated by either party. Cheers POS may terminate the Agreement for any of the following:

Breach of any term in this Agreement
Legal or regulatory violations
Insolvency, bankruptcy, or cessation of operations
Misuse or unauthorized access to the Application

Upon termination:

Your license is revoked immediately
Access to the Application and stored data will be disabled
All outstanding fees remain due

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Cheers POS shall not be liable for:

Lost profits, business interruption, or revenue loss
Data corruption or data loss
Indirect, incidental, or consequential damages
Any amount exceeding the total fees paid by you to Cheers POS in the prior 12 months

This limitation applies even if Cheers POS has been advised of the possibility of such damages.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Cheers POS, its affiliates, and its representatives from any claims, damages, or liabilities resulting from:

Your use of the Application
Your violation of this Agreement
Any third-party claim arising from Your Content or business operations

14. EXPORT COMPLIANCE

You agree to comply with all applicable U.S. export control laws. You may not use, export, or re-export the Application in violation of such regulations.

15. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of Kansas. Any dispute arising from this Agreement shall be resolved exclusively in the state or federal courts located in or responsible for Pottawatomie County, Kansas.

16. ENTIRE AGREEMENT

This Agreement, including any referenced policies or documents (such as the Cheers POS Privacy Policy), constitutes the entire agreement between you and Cheers POS. It supersedes any prior discussions or agreements, whether written or oral.

Contact Information
For any questions or legal notices related to this Agreement, contact: support@cheerspos.com