Drive POS LLC
Last updated: September 1, 2025
Welcome to Drive Payments (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website at drivepos.us and any related products or services (the “Services”). By using the Services, you agree to these Terms.
1) Who we serve
We primarily serve business customers. You confirm you have authority to bind your business to these Terms. If you access the Services on behalf of an organization, “you” means both you personally and that organization.
2) Your account & information
Provide accurate, current information and keep it updated. You’re responsible for all activity under your account and for safeguarding logins, API keys, and devices used to access the Services.
3) Communications & SMS/voice consent
By providing a phone number or email, you consent to receive communications (including automated calls, prerecorded voice, SMS/MMS, and email) related to the Services, transactions, support, and marketing. Message and data rates may apply. Message frequency varies.
To opt out of marketing texts, reply STOP; reply HELP for help. Consent is not a condition of purchase. Carriers are not liable for delayed or undelivered messages. For email, use our unsubscribe link or contact info@drivepos.us.
4) AI assistants, automation & call recording
We may use AI-powered tools (including voice agents and chat) to route inquiries, answer questions, qualify leads, schedule, or provide support. Interactions may be monitored, recorded, transcribed, and analyzed for quality, training, improvement, and compliance. Do not share sensitive or confidential data through AI channels. AI outputs can be fallible; verify critical information.
5) Cookies, analytics & ads
We use cookies and similar technologies for core functionality, analytics, and advertising (including retargeting). See our Privacy Policy for details and your choices.
6) Acceptable use
You agree not to: (i) violate laws; (ii) infringe IP, privacy, or publicity rights; (iii) access non-public areas or interfere with the Services; (iv) upload malware; (v) resell, reverse engineer, or misuse the Services; or (vi) submit unlawful, obscene, or deceptive content.
7) Third-party services
The Services may integrate with third-party platforms (e.g., payment, analytics, ads, AI vendors). Those services have their own terms and privacy policies, which you should review.
8) Fees & payment (if applicable)
Some Services may be paid. Unless stated otherwise, fees are due in advance, non-cancelable, and non-refundable during the applicable term. You authorize us (or our processor) to charge your payment method for fees, taxes, and any authorized usage.
9) Intellectual property
The Services and all associated content, features, and functionality are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes, subject to these Terms.
10) Disclaimers
The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, accurate, or error-free.
11) Limitation of liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or business, even if advised of the possibility. Our total liability for any claim arising out of or relating to the Services will not exceed the greater of: (a) amounts you paid us for the Services in the 12 months before the event giving rise to the claim, or (b) $100.
12) Indemnification
You agree to defend, indemnify, and hold harmless Drive Payments and its officers, directors, employees, and agents from any claim, liability, damages, losses, and expenses (including reasonable legal fees) arising from your content, your use of the Services, or your violation of these Terms or applicable law.
13) Changes to the Services & Terms
We may modify the Services and these Terms. If we make material changes, we’ll post an updated version and revise the “Last updated” date. Your continued use of the Services after changes means you accept them.
14) Governing law; venue
These Terms are governed by the laws of the State of New York, without regard to conflicts of laws principles. The exclusive venue for any dispute shall be the state or federal courts located in Ulster County, New York, and you consent to their jurisdiction.
15) Contact
Drive POS LLC
41 Clarendon Ave, Kingston, NY 12401
Email: info@drivepos.us | Phone: 1-866-270-4490