Legal

Terms of Service

Last updated: [date of publication]

1. Who we are and who these terms are for

BarakahUp is point-of-sale software for small shops, market stalls, masjids and community groups. It is provided by [BarakahUp legal entity name], a [Maryland limited liability company] ("BarakahUp", "we", "us"). Our websites include getbarakahup.com, app.getbarakahup.com and each shop's store page (for example almadina.getbarakahup.com).

These terms are an agreement between BarakahUp and the business or organization that signs up ("you", the "merchant"). The person who signs up confirms they are at least 18 and have authority to bind that business.

You accept these terms when you create an account, connect a Stripe account, or use the register with your business data. If you don't agree, don't use BarakahUp. The free demo at app.getbarakahup.com uses sample data and takes no real payments; these terms still apply to it, except the parts about payments and fees.

2. Your account, staff and devices

• Owner account. The owner's email login controls the business. Give us accurate details and keep them current.
• Staff PINs. Owners and managers add staff and give each one a role (owner, manager or cashier) and a 4–6 digit PIN. You decide who gets which permissions, including refunds, discounts and manager approvals.
• Register devices. A tablet or phone signed in as a register can be used by any staff member who has it. Keep devices locked away when the shop is closed, and remove a device or change PINs if one is lost or a staff member leaves.
• Responsibility. You are responsible for everything done under your account, by your staff or on your devices. Tell us at contact@getbarakahup.com right away if you think your account was misused.
• Offline sales. The register can keep recording cash sales when the internet drops and sends them when it's back. Sales stored on a device are lost if that device is wiped or lost before it reconnects.

3. Card payments through Stripe

BarakahUp is software. We are not a bank, payment processor or money transmitter, and we never hold your money. Card payments are processed by Stripe, Inc. ("Stripe").

• Your own Stripe account. To take cards you connect your own Stripe account through Stripe Connect. Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the "Stripe Services Agreement"). By agreeing to these terms or continuing to use BarakahUp, you agree to be bound by the Stripe Services Agreement, as Stripe may change it from time to time.
• Information we share with Stripe. As a condition of BarakahUp enabling payments through Stripe, you agree to give us accurate and complete information about you and your business, and you authorize us to share it and transaction information about your use of the payment services provided by Stripe.
• Money goes straight to you. Payments go to your Stripe account and Stripe pays out to your bank. Stripe charges its fees directly to you. BarakahUp adds no markup on card fees.
• Disputes and refunds. Chargebacks, refunds and reserves are between you, your customer and Stripe. Refunds made in BarakahUp are sent to Stripe for you, but Stripe's records are final.
• In-person cards. Tap to Pay and card readers use Stripe Terminal and follow Stripe's rules for supported devices and countries.
• Cash and other payments. Cash, checks, Zelle and other payments you record are your own records. BarakahUp doesn't move or verify that money.

4. Plans, fees and billing

BarakahUp earns from monthly plans and add-ons, never from a share of your card payments. Current prices are on getbarakahup.com.

• Billing. Paid plans are billed monthly in advance to the card on file, starting on the day you upgrade, and renew until you cancel. [Nonprofit and early-partner discounts apply as agreed in writing.]
• Cancelling. You can cancel any time; the plan stays active until the end of the month you've paid for. We don't refund part-months unless the law requires it.
• Price changes. We will give at least 30 days' notice by email before a price increase. It applies from your next billing date after that.
• Taxes. Prices don't include sales tax where it applies.
• Late payment. If a payment fails we will email you and try again. After [14] days we may move you to the Free plan. Your data is kept.

5. What you're responsible for

BarakahUp gives you tools; you run your business and deal with your customers. In particular:

• Prices, taxes and records. You set prices and tax rates and are responsible for collecting and paying sales tax and keeping the records the law requires. Check reports against Stripe and your bank.
• Refunds and returns. You set your own refund and return policy and tell customers about it.
• Gift cards. Gift cards you sell are your obligation to your customers. BarakahUp gift cards don't expire, and you must honor balances, follow federal and Maryland gift card rules, and handle unclaimed balances as the law requires.
• Rewards points. You set and may change your rewards program. Points have no cash value unless you say otherwise.
• Standing (repeat) orders and saved cards. Before charging a saved card automatically, you must get the customer's clear consent to the amount or how it's worked out, how often, and how to cancel, and you must stop when they ask. BarakahUp shows this on the card-saving page, but the consent is between you and the customer.
• Advance orders and deposits. You set deposit, pickup and cancellation rules and honor them.
• Emails and texts. Only send receipts and messages to customers who gave their details for that purpose. Marketing messages need opt-in, an unsubscribe or STOP option, and (for texts) sending only between 8am and 9pm local time. You are the sender responsible under CAN-SPAM and the TCPA.
• Your customers' privacy. Tell your customers how you use their information (for example with a notice at the counter or on your store page), and only collect what you need.
• Legal use. Follow all laws that apply to your business, including licensing and any rules for what you sell. EBT and SNAP sales are not supported online.

6. Your data and your customers' data

Your business data belongs to you. That includes your products, sales, staff, and the customer list you build at checkout.

• What we do with it. We store and process it only to run BarakahUp for you, keep it secure, fix problems, and as the law requires. We act on your behalf as your service provider (a "processor" under privacy laws).
• Never sold or shared. We never sell your data or your customer list, never use it for advertising, and never share it with other merchants.
• Service providers. We use Stripe (payments), Cloudflare (hosting and email sending) and Supabase (database) to run the service. They may only use the data to provide their services to us. See the Privacy Policy for the full list.
• Card numbers. Full card numbers are entered on Stripe's systems and never stored by BarakahUp. We keep only the card brand, last four digits and Stripe's reference IDs.
• Each business is separate. Each business's data is kept apart, and staff of one business can't see another's.
• Export and deletion. You can ask for a copy of your data at any time. When you close your account we delete your business data within [90] days, except records we must keep by law (for example billing records).
• Usage information. We may use anonymous, combined information (for example, how many sales are made across all shops) to improve BarakahUp. It never identifies you or your customers.
• Feedback. If you send ideas or feedback, we may use them freely.

7. Availability, changes and support

• Availability. We work to keep BarakahUp running, but we can't promise it will never be down. It depends on the internet, your devices, and providers like Stripe and Cloudflare. Have a backup way to take payments (for example cash) for outages.
• Changes. We improve BarakahUp often and may add, change or remove features. If we remove a feature from a paid plan you depend on, we'll tell you at least 30 days ahead.
• Support. Email contact@getbarakahup.com. We aim to reply within [one business day]. Support is in English.
• Third-party services. Features that rely on Stripe, delivery services or other providers may change or stop if those providers change their terms.

8. Fair use, suspension and closing an account

You may not use BarakahUp to:

• sell anything illegal, or anything Stripe's restricted businesses list forbids for card payments
• commit fraud, test stolen cards, or launder money
• send spam or messages to people who didn't opt in
• try to get into other businesses' data, break our security, or overload the service
• copy, resell or reverse-engineer BarakahUp, except as the law allows

Suspension. We may suspend an account straight away to stop fraud, a security risk or a legal violation, or if Stripe requires it. Otherwise we'll warn you first and give you a chance to fix the problem.

Closing. You can close your account at any time by emailing us. We can close it with 30 days' notice, or sooner for a serious breach of these terms. Either way, you can export your data for [30] days after closing. Sections that by their nature should last (fees owed, data, liability, disputes) still apply after closing.

9. Disclaimers and limits of liability

As is. BarakahUp is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, including merchantability, fitness for a particular purpose and non-infringement. We don't promise that reports, tax figures or inventory counts are free of errors; check them before relying on them.

Limit. To the extent the law allows, BarakahUp is not liable for lost profits, lost sales, lost data or indirect or consequential damages. Our total liability for any claim is limited to the greater of (a) what you paid us in the 12 months before the claim, or (b) $100.

Not covered by us. We are not responsible for Stripe's processing, payouts, holds or decisions; for outages of the internet, your devices or other providers; or for what you sell and how you deal with your customers.

Indemnity. You will cover BarakahUp's reasonable costs, including legal fees, if a third party makes a claim because of your products, your dealings with your customers, messages you send, or your breach of these terms or the law.

10. Law, disputes, changes and contact

• Governing law. Maryland law governs these terms, without regard to conflict-of-law rules.
• Disputes. Contact us first; we'll try to resolve it informally within 30 days. If we can't, disputes go to the state or federal courts in [county], Maryland.
• Changes to these terms. We may update these terms. For material changes we'll email the account owner at least 30 days before they take effect. Using BarakahUp after that date means you accept them.
• Whole agreement. These terms, the Privacy Policy, your plan details, and any written agreement signed with us make up the whole agreement. If one part can't be enforced, the rest still applies. Not enforcing a term isn't a waiver. You may not transfer this agreement without our consent; we may transfer it to a company that takes over BarakahUp.
• Contact. [BarakahUp legal entity name], [mailing address], contact@getbarakahup.com.