1. Acceptance of Terms
By accessing or using the REVOLT point-of-sale platform, the Divergent Labs website, or any related services (collectively, the “Services”), you agree to be bound by these Terms of Service. If you are using the Services on behalf of a business, you represent that you have the authority to bind that business to these terms. If you do not agree, do not use the Services.
2. Description of Services
Divergent Labs, LLC (“Divergent Labs”) provides REVOLT, a cloud-connected point-of-sale software platform for independent retail stores. The Services include the POS terminal application, the backoffice management dashboard, the API, and related documentation. We may modify, suspend, or discontinue features of the Services at any time with reasonable notice.
3. Accounts and Access
You must create an account to use REVOLT. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized access. We reserve the right to suspend or terminate accounts that violate these terms.
4. User Obligations
You agree to: use the Services only for lawful business purposes; maintain accurate account information; comply with all applicable local, state, and federal laws, including tax regulations; not reverse-engineer, decompile, or attempt to extract source code from the Services; not use the Services to process transactions for illegal goods or services; not interfere with or disrupt the integrity of the Services.
5. Payment Terms
Subscription fees are billed monthly or annually as specified in your service agreement. All fees are quoted in US dollars and are non-refundable except as required by law. We may change pricing with 30 days' written notice. Failure to pay may result in suspension of access to the Services. You are responsible for all taxes applicable to your use of the Services.
6. Data Ownership
You retain ownership of all transaction data, product catalogs, customer records, and other business data you input into the Services (“Your Data”). You grant Divergent Labs a limited license to process, store, and transmit Your Data solely to provide the Services. We may use anonymized, aggregated data for product improvement and analytics. You may export Your Data at any time through the backoffice dashboard.
7. Intellectual Property
The Services, including all software, designs, trademarks, and documentation, are the exclusive property of Divergent Labs, LLC. Nothing in these terms grants you any right, title, or interest in our intellectual property beyond the limited right to use the Services as described herein. You may not use the REVOLT or Divergent Labs name, logo, or trademarks without prior written consent.
8. Limitation of Liability
To the maximum extent permitted by law, Divergent Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, arising from your use of the Services. Our total liability for any claim related to the Services shall not exceed the fees you paid in the 12 months preceding the claim. The Services are provided “as is” without warranties of any kind, express or implied.
9. Indemnification
You agree to indemnify and hold harmless Divergent Labs, its officers, employees, and agents from any claims, losses, or damages (including reasonable attorney's fees) arising from your use of the Services, your violation of these terms, or your violation of any applicable law.
10. Termination
Either party may terminate the subscription with 30 days' written notice. We may terminate or suspend your access immediately if you breach these terms. Upon termination, your right to use the Services ceases. You may export Your Data for up to 90 days following termination. After that period, we may delete Your Data in accordance with our data retention policy.
11. Governing Law
These terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from these terms or the Services shall be resolved in the state or federal courts located in Harris County, Texas.
12. Changes to These Terms
We may update these Terms of Service from time to time. We will notify registered users of material changes via email at least 30 days before they take effect. Continued use of the Services after changes constitutes acceptance of the updated terms.
13. Contact
Questions about these terms:
Divergent Labs, LLC
Email: legal@divergentlab.co