Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and HellasBAE LLC, operating as TORO Cigar POS ("TORO," "we," "us," or "our"). By purchasing, installing, or using the TORO Cigar POS software and related services, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

Service Description

TORO provides a point of sale software system designed specifically for tobacco retail businesses. Our service includes:

• Point of sale software with tobacco-specific features including multi-pack inventory management, age verification, and tobacco tax calculation.
• Ongoing software updates, enhancements, and new feature releases.
• Unlimited customer support via phone, email, and remote access.
• Pre-loaded product database with 57,000+ cigar products.
• Customer relationship management, reporting, and analytics tools.

Pricing and Payment

The TORO POS system is offered at the following pricing:

• One-time setup fee: $5,000, due upon purchase. This covers software licensing, initial configuration, data migration, and training.
• Monthly subscription: $119 per month, billed monthly. This covers ongoing software access, updates, and unlimited support.

Payment may be made via ACH bank transfer or credit card. Monthly subscription fees are billed on a recurring basis. If a payment fails, we will attempt to notify you and provide a reasonable period to resolve the issue before suspending service.

We reserve the right to modify pricing with 60 days written notice. Any pricing changes will not apply to active customers without their consent.

Software License

Subject to your compliance with these Terms and payment of all applicable fees, TORO grants you a non-exclusive, non-transferable, revocable license to use the TORO POS software for your internal business operations at the location(s) specified in your account.

You may not:

• Copy, modify, distribute, sell, or lease any part of the software.
• Reverse engineer, decompile, or disassemble the software.
• Sublicense or transfer the software to a third party.
• Use the software for any unlawful purpose.

Support

Your monthly subscription includes unlimited support via phone, email, and remote access. Support is provided directly by the development team -- not an outsourced call center. We strive to respond to all support requests promptly, though response times may vary based on the nature and severity of the issue.

Data Ownership

You retain full ownership of all business data entered into or generated by the TORO POS system, including but not limited to customer records, transaction histories, inventory data, and reports. TORO does not claim any ownership rights to your business data.

We may access your data solely for the purposes of providing support, maintaining the system, and improving our services. We will not share your business data with third parties except as described in our Privacy Policy.

Limitation of Liability

To the maximum extent permitted by applicable law, TORO and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of or inability to use the service.

In no event shall TORO's total liability to you for all claims arising out of or relating to these Terms or the service exceed the total amount you have paid to TORO in the twelve (12) months immediately preceding the event giving rise to the claim.

The service is provided on an "as is" and "as available" basis. TORO makes no warranties, express or implied, regarding the service, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Termination

Either party may terminate this agreement with 30 days written notice to the other party. Upon termination:

• Your license to use the TORO POS software will end.
• You will have a reasonable period (no less than 30 days) to export your business data from the system.
• Any outstanding fees owed to TORO through the termination date remain due and payable.
• The one-time setup fee is non-refundable.

TORO may terminate or suspend your access immediately if you breach these Terms, fail to pay fees after reasonable notice, or use the software in a manner that could harm TORO or other users.

Indemnification

You agree to indemnify, defend, and hold harmless TORO and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the service, your violation of these Terms, or your violation of any third-party rights.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any disputes arising from these Terms or the service shall be resolved in the state or federal courts located in Pennsylvania.

Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the service after such changes constitutes your acceptance of the new Terms.

Contact Us

If you have any questions about these Terms of Service, please contact us: