Terms of service

Summary

The main clauses explained in plain words. This summary does not replace the terms; where the two differ, the clauses below prevail.

Your data is yours. You can export all of your data within 60 days after the agreement ends (clauses 9 and 18).
Cancel whenever you like. Cancel before the next billing period begins and nothing more is charged (clauses 8 and 17).
Changes are announced in advance. Changes to the terms and to prices are notified 30 days ahead (clauses 7 and 19).
You can sell while offline. The till keeps working without the internet and sends its records once the connection returns (clause 4).
Liability is capped. Each party's liability is limited to the fees paid in the last 12 months (clause 15).
The laws of Mongolia apply. Disputes are first settled by negotiation (clause 21).

1 Definitions

In these terms, the following terms have the meanings given below:

“Service”: Storex's cloud system and till software, their updates and documentation, and the technical support provided by Storex.
“Customer”: A legal entity, or an individual operating a sole business, that has registered for the Service and accepted these terms.
“User”: An employee or representative granted access to the Service with the Customer's authorization.
“Customer Data”: Product, sales, financial, employee and counterparty information entered into the Service by the Customer or a User, or generated in the Service in the course of their operations.
“Order”: The record or invoice stating the plan, devices, number of branches, price and billing period chosen by the Customer.
“Billing Period”: The monthly or annual period, stated in the Order, for which fees are paid in advance.
“Third-Party Services”: Systems that work with the Service but are not under Storex's control, such as e-Barimt, banks, QPay, card terminals and messaging services.

2 The parties and the agreement

2.1.
Service provider: Storex (TODO: registered legal name, state registration number, registered address).
2.2.
Storex is a legal entity separate from other brands, and these terms apply only to Storex's Service.
2.3.
The agreement between the parties consists of these terms, the Order, the Data processing agreement and the Privacy policy. If these documents conflict, the following prevail in order: a separate agreement signed by the parties, then the Order, then, on matters concerning personal data, the Data processing agreement, and finally these terms.

3 Formation of the agreement

3.1.
By accepting these terms on the signup form, the agreement is concluded in electronic form in accordance with the Civil Code. Storex records and retains the date and time of acceptance and the version of the terms accepted.
3.2.
A person accepting these terms on behalf of a legal entity confirms that they are authorized to represent that entity and, if they are found not to be, is personally liable for the obligations incurred.
3.3.
A person registering for the Service must be at least 18 years old and have full legal capacity.

4 The Service

4.1.
The Service consists of a cloud system and till software covering point of sale, inventory, appointments, promotions, online orders, accounting and payroll. The features available to the Customer are determined by its Order.
4.2.
The till can make sales without an internet connection and sends the records to the cloud system once the connection returns. Because working offline for a long period may make it impossible to submit e-Barimt receipts within the time required by law, the Customer is responsible for connecting its devices regularly.
4.3.
Storex regularly updates and improves the Service. Updates will not materially reduce the core features included in the Order. Any removal of a core feature will be notified in advance as set out in clause 19.
4.4.
Features marked as “experimental” are offered as is, and the commitments in clauses 13 and 14 do not apply to them.

5 Accounts and security

5.1.
The Customer shall provide accurate account information, including its taxpayer number and e-Barimt registration, and update it promptly when it changes.
5.2.
The Customer is responsible for granting and revoking Users' access and for keeping their sign-in credentials confidential. Actions taken by a User in the Service are deemed to be actions of the Customer.
5.3.
If the Customer suspects that sign-in credentials have been compromised or that unauthorized access has occurred, it shall notify Storex within 24 hours.
5.4.
Storex takes appropriate technical and organizational measures to protect the Service and Customer Data in accordance with the Law on Cybersecurity and generally accepted industry practice.

6 Acceptable use

6.1.
The Customer and its Users shall not:
- use the Service unlawfully, or to sell goods or services prohibited by law;
- record fictitious or false transactions, or alter or delete receipts in order to evade tax;
- decompile, copy or modify the software's source code, or build a competing product based on it;
- carry out security testing, overload the system or circumvent its protections without Storex's prior written permission;
- resell or rent out the Service to third parties;
- upload malicious code or content that infringes the intellectual property rights of others.
6.2.
A breach of this clause is a material breach of these terms, and Storex may suspend the Service as set out in clause 17.

7 Fees and payment

7.1.
The fees for the Service and the billing period are set out in the Order. Fees are paid in advance at the start of each Billing Period.
7.2.
The Order states clearly whether prices include VAT. Storex issues an e-Barimt receipt for every payment.
7.3.
Invoices are payable within TODO: number of days days. Late payments may incur a penalty of TODO: rate, within the limits set by the Civil Code.
7.4.
If a payment is not made on time, Storex will send a written reminder and, if payment is still not made within 14 days of the reminder, may suspend the Service. Data is not deleted during suspension, and the Customer can still view and export its data.
7.5.
Storex will give 30 days' notice of any price change, and the new price applies from the Billing Period following the notice.
7.6.
Fees paid in advance are not refunded. However, if Storex terminates the agreement on the grounds set out in clauses 17.3 or 17.4, or the Customer exercises its right under clause 19.3, the fees for the unused period are refunded pro rata.
7.7.
Fees for Third-Party Services such as banks, QPay, card terminals and messaging services are paid separately by the Customer under its agreement with the relevant provider.

8 Term and renewal

8.1.
The agreement takes effect on the day the terms are accepted.
8.2.
If a trial period is granted, its length is stated at signup. If no paid Order is chosen when the trial ends, the Service is stopped and the data is retained as set out in clause 18.
8.3.
An Order renews automatically for the same period at the end of each Billing Period. To opt out of renewal, the Customer must give notice through the system settings or by email before the Billing Period ends.

9 Customer Data

9.1.
Customer Data is the property of the Customer. Storex uses it only to provide the Service, to maintain security and to meet its legal obligations.
9.2.
With respect to personal data, the Customer is the controller and Storex is a processor acting on its instructions, and the data is processed in accordance with the Law on Personal Data Protection and the Data processing agreement. The Customer is responsible for having a lawful basis for collecting the data of its own customers and employees.
9.3.
Storex may use aggregated, de-identified statistics to improve the Service. Neither the Customer nor any individual can be identified from such statistics.
9.4.
Data is stored in TODO: server location and backed up regularly. Except where required by law, Storex does not transfer Customer Data to third parties.
9.5.
If a competent public authority demands Customer Data, Storex will notify the Customer in advance unless prohibited by law.

10 Confidentiality

10.1.
Each party shall keep confidential the trade secrets and technical and financial information of the other party that it learns in the course of the agreement, and use them only for the purposes of the agreement.
10.2.
This obligation does not apply to information that is publicly available or whose disclosure is required by law or court order. The obligation of confidentiality continues for 3 years after the agreement ends.

11 Intellectual property

11.1.
All intellectual property rights in the Service, its software, design, brand and documentation are retained by Storex and its licensors.
11.2.
For as long as the agreement is in force, Storex grants the Customer a non-exclusive, non-transferable right to use the Service for its own internal operations.
11.3.
Storex may use suggestions and feedback provided by the Customer to improve the Service free of charge.

12 Third-Party Services

12.1.
The Service works with Third-Party Services such as e-Barimt, banks and QPay. Their use is governed by the agreement between the Customer and the relevant provider.
12.2.
Storex is not liable for loss caused by a failure, change or outage of a Third-Party Service. Storex will make reasonable efforts to mitigate the consequences of such a failure.
12.3.
The Customer is responsible for the accuracy of its tax and accounting reports and records. The Service is a tool that helps prepare them and does not replace professional advice.

13 Availability and support

13.1.
Storex will make reasonable efforts to keep the Service available without interruption. A service level agreement (SLA) is not part of these terms and may be agreed in a separate agreement. TODO: SLA
13.2.
Planned maintenance is carried out outside business hours where possible, with 48 hours' notice. Urgent security fixes may be made without prior notice.
13.3.
Technical support is provided at info@storex.mn and through the system's help section.

14 Warranty

14.1.
Storex warrants that the Service will perform materially in accordance with the core features described in its documentation. If this warranty is breached, Storex will remedy the defect within a reasonable time; if it cannot be remedied, the Customer may terminate the agreement under clause 17.3.
14.2.
Except for warranties required by law, Storex does not warrant that the Service will be fit for any particular purpose or will operate entirely without error.

15 Liability

15.1.
Neither party is liable to the other for indirect loss, such as loss of profit, revenue or business reputation.
15.2.
A party's total liability under the agreement shall not exceed the amount of fees paid by the Customer to Storex in the 12 months before the loss arose.
15.3.
The limitations in clauses 15.1 and 15.2 do not apply to:
- intentional or grossly negligent acts or omissions;
- a breach of the confidentiality obligations in clause 10;
- loss arising from a breach of the Customer's payment obligations or of clause 6;
- any other liability that may not be limited by law.
15.4.
The Customer shall defend Storex against, and compensate it for any loss arising from, claims by third parties resulting from the Customer's unlawful use of the Service or its entry of personal data without a lawful basis.

16 Force majeure

16.1.
A party is not liable for failing to perform its obligations because of circumstances beyond the parties' control that could not reasonably have been foreseen, such as natural disasters, fire, war, civil unrest, nationwide power or telecommunications outages, or decisions of public authorities.
16.2.
A party affected by such circumstances shall notify the other party immediately and take steps to mitigate the consequences. If the circumstances last for more than 30 days, either party may terminate the agreement.

17 Suspension and termination

17.1.
The Customer may terminate the agreement at any time. Termination takes effect at the end of the current Billing Period.
17.2.
If the Service is being used unlawfully, or its use poses a direct threat to the security of the Service or of other customers, Storex may suspend the Service immediately and will give the reason. A suspension applies only to the extent and for the time necessary.
17.3.
Either party may terminate the agreement if the other party materially breaches these terms and does not remedy the breach within 14 days of written notice of it.
17.4.
If Storex discontinues the Service entirely, it will give 90 days' notice and refund the fees for the unused period.

18 After the agreement ends

18.1.
For 60 days after the agreement ends, the Customer can view its data in read-only mode and export it in common machine-readable formats (CSV, XLSX).
18.2.
When that period ends, Storex will delete the Customer Data within 30 days. Deletion from backup copies is completed within 90 days through the regular backup rotation.
18.3.
Information that the Law on Accounting, the General Taxation Law or other laws require to be kept, such as primary financial documents and e-Barimt receipts, is retained for the period required by law. This obligation continues after the agreement ends.
18.4.
Unpaid fees and clauses 9–11, 15, 18 and 21 survive the end of the agreement.

19 Changes to these terms

19.1.
If Storex changes these terms, it will publish the new version on this page and give notice by email and within the system 30 days before it takes effect. Each version is identified by its date.
19.2.
Changes required by changes in legislation or by security requirements may take effect on shorter notice.
19.3.
If a change materially affects the Customer's rights, the Customer may, before the change takes effect, terminate the agreement without penalty and receive a refund of the fees for the unused period.

20 Notices

20.1.
Notices relating to the agreement are sent to the email address stated in the Customer's account, or to Storex at info@storex.mn. A notice is deemed received on the first business day after it is sent.
20.2.
Each party shall notify the other immediately of any change to its contact details.

21 Governing law and dispute resolution

21.1.
These terms are governed by and construed in accordance with the laws of Mongolia.
21.2.
If a dispute arises, the parties will first seek to resolve it by negotiation. If no agreement is reached within 30 days after one party notifies the other in writing, the dispute will be resolved by the competent courts of Mongolia.
21.3.
Where the Customer is an individual, these terms do not limit the rights granted by the Law on Consumer Protection.

22 Miscellaneous

22.1.
If any provision of these terms is found to be invalid, the remaining provisions remain in force.
22.2.
A party's failure to exercise a right is not a waiver of that right.
22.3.
The Customer shall not assign its rights and obligations under the agreement without Storex's prior written consent. If Storex is reorganized or merged, it may transfer the agreement to its lawful successor and will give notice of this.
22.4.
These terms are made in the Mongolian language. If a translation into another language differs, the Mongolian original prevails. Headings are for ease of reading only.

23 Contact

Please send questions and requests about these terms to info@storex.mn. Postal address: TODO: registered address.