NextPOS LLC, doing business as BrewPOS
Mailing address: 1751 Hover Street B-4, #209, Longmont, CO 80501 | brewpossales.com
Version 1.1 | Effective October 18, 2026
These Terms and Conditions (the "Terms") apply to your use of the brewpossales.com website and any other BrewPOS website or web page that links to them (the "Site"), and to the BrewPOS point-of-sale software, Equipment and services we provide to merchants (the "Services"). In these Terms, "BrewPOS," "NextPOS," "we," "us" and "our" mean NextPOS LLC, a Nevada limited liability company doing business as BrewPOS. "You" and "your" mean the person using the Site and, if you sign up for the Services, the business you represent (the "Merchant").
By using the Site, you agree to these Terms. If you sign a BrewPOS Service Agreement or accept the BrewPOS End-User License Agreement (the "EULA"), you also agree to these Terms as part of those agreements, in the version in effect on the date you first sign or accept. If you do not agree, do not use the Site or the Services.
Our Privacy Policy (brewpos.com/privacy-policy) explains how we collect and use information. It is separate from these Terms.
Your relationship with BrewPOS is made up of these documents:
Your signed BrewPOS Service Agreement for your plan, including its Merchant Details, any Equipment List or Schedule, any personal guaranty and any Custom Terms Addendum.
These Terms, in the version in effect when you signed.
The EULA.
Your separate agreements with payment processors and banks, described in the Payment Processing Relationships section. Those are agreements between you and the processor, not BrewPOS.
If these Terms differ from your signed Service Agreement about fees, term, cancellation, Equipment or charges, your signed Service Agreement controls. If these Terms differ from the EULA on any other license matter, the EULA controls. Sales agents and other BrewPOS representatives cannot change any of these documents or make promises about price, term, Equipment or fees. Only a Custom Terms Addendum signed by an authorized NextPOS representative can change your Service Agreement, and only for the items it lists.
The Site and the Services are for businesses and for people acting for a business. You must be at least 18 years old and have authority to bind your business to these Terms. The Site is not directed to children, and we do not knowingly collect information from anyone under 18.
You may use the Site for lawful business purposes related to BrewPOS. You may not:
copy, scrape, harvest or mine the Site, its content or its data by automated means, except for ordinary search engine indexing;
interfere with the Site or its security, probe or test its vulnerabilities, overload it, or introduce malware;
try to access areas, accounts or data you are not authorized to use;
misrepresent who you are, or use the Site to send spam or to harass anyone;
use the Site to build a competing product or to gather information for one;
use the Site in violation of any law or card brand rule.
We may suspend or block access to the Site at any time, for any reason, without notice.
If you get an account, portal login or admin access, you must give accurate information and keep it current. You are responsible for all activity under your logins, for deciding who on your staff gets which permissions, and for keeping credentials confidential. Tell us right away if you suspect unauthorized use. We may rely on instructions that come from your logins as instructions from you.
The Site, the Software, the BrewPOS name, logo and trade names, and all content, text, graphics, designs, software and data we provide are owned by NextPOS LLC or its licensors and are protected by copyright, trademark and other law. We give you a limited, non-exclusive, non-transferable, revocable right to view the Site for your own business use. All other rights are reserved. Nothing in these Terms gives you any right to use the BrewPOS name or logos without our written permission.
If you send us feedback, ideas or suggestions, you give us a free, perpetual, worldwide right to use them without owing you anything.
You are responsible for anything you submit through the Site or the Services, such as menus, item names, prices, logos, photos and messages. You promise you have the right to submit it and that it does not infringe anyone's rights or break the law. You give us a license to use, copy, store and display it as needed to provide the Services and operate the Site.
If you believe content on the Site infringes your copyright, send a written notice to NextPOS LLC, Attn: Legal, at the mailing address above, describing the work, where it appears on the Site, and your contact details, and stating that you have a good-faith belief the use is not authorized and that your notice is accurate.
BrewPOS offers three plans. Your signed Service Agreement states which applies to you and controls the details.
$0 Placement Plan. Software fee: $69 per station per month, or as stated in your attached Custom Terms Addendum; term: 36 months; processing: through BrewPOS's processing program with Dual Pricing.
Standard. Software fee: $69 per station per month, or as stated in your attached Custom Terms Addendum; term: as stated in your Service Agreement; processing: standard processing rates through BrewPOS's processing program.
Bring Your Own. Software fee: $89 per station per month, or as stated in your attached Custom Terms Addendum; term: as stated in your Service Agreement; processing: your own processor. Other charges may apply.
Fees are billed on your Billing Date, the date each month on which BrewPOS bills you. It does not have to match your installation date. Processing charges are separate from the software fee and are set by your processing agreement. Additional services and charges are those stated in your Service Agreement or on the price list at brewpos.com on the date you sign. Anything not listed is not included. Taxes are covered in the Taxes section.
If you stop processing cards through BrewPOS's processing program on the Standard plan, the software fee becomes the amount stated in your Service Agreement for that situation.
BrewPOS is not a bank and is not a payment processor. BrewPOS operates as an independent sales organization (ISO) or sub-ISO. In plain terms, we help merchants get set up with card processing and administer parts of the relationship, but the card processing itself is provided by others.
Who provides processing. Card processing is provided by third-party payment processors, acquirers and sponsor banks, such as Fiserv, TSYS, Paysafe and others, which may change over time. The processor and sponsor bank that apply to you are named in your merchant processing agreement and on your merchant statements.
Your contract is with them. When you accept card processing through BrewPOS, you enter into a merchant processing agreement directly with the processor and its sponsor bank. That contract, and your arrangements with the processor, are between you and them. They are not controlled by BrewPOS or NextPOS. BrewPOS is not a party to them except where the agreement says otherwise.
What BrewPOS may do. BrewPOS may help you apply, may manage or administer your account with the processor on your behalf, may answer your questions, and may pass your requests and information along. BrewPOS's help does not make BrewPOS the processor, the bank, the guarantor or the decision-maker.
What BrewPOS does not control. BrewPOS does not control and is not responsible for the processor's or bank's approval or denial of your application, underwriting decisions, rates and fees stated in the processing agreement, reserves, holds, rolling reserves, delayed or reduced deposits, chargebacks and retrievals, account reviews, suspensions, terminations, placement on a terminated merchant list, processor outages, or changes the processor or bank makes to its terms, pricing, or its relationship with BrewPOS.
Read your processing agreement. You are responsible for reading and following your processing agreement and the rules of the card brands (such as Visa, Mastercard, American Express and Discover), the card networks and the payment card industry. If it conflicts with these Terms about processing, the processing agreement controls for processing.
Disputes with the processor. Questions about funding, fees on your statement, chargebacks, holds or termination should go to the processor named in your agreement. BrewPOS will try to help, but it cannot overrule the processor.
Compensation. BrewPOS may receive compensation from processors or banks for the merchants it refers or services, such as revenue share, residuals or fees. Your processing rates are stated in your processing agreement.
Changing processors. BrewPOS may move your processing to a different processor or bank with notice to you and as your processing agreement allows. Moving may require you to sign a new processing agreement.
Bring Your Own plan. If you use your own processor, BrewPOS has no role in your processing agreement, rates, funding or disputes. BrewPOS provides the software and Equipment only, and your processor's compatibility and requirements are your responsibility.
On plans that use Dual Pricing, BrewPOS's software shows a cash price and a card price. BrewPOS uses Dual Pricing to reduce the cost of processing and to pay for other costs necessary to run the system. If your plan uses Dual Pricing, you agree to keep it turned on for all card transactions at every station for the full term and not to change or work around the settings.
You are responsible for your own menu and item prices and for the signage, receipts and disclosures that card brand rules and applicable law require, including showing both the cash price and the card price clearly. Rules on cash discounts, dual pricing and surcharges change and vary by state and by card brand. BrewPOS may adjust Dual Pricing settings to keep the program compliant, but BrewPOS does not give legal advice and you are responsible for your own compliance.
The name. "$0" is the name of the plan. It does not mean the system operates at zero fees. You still pay the software fee, your processing charges, and any other charges stated in your Service Agreement.
What it does. The plan substantially reduces your cost of card processing and provides the Equipment with no upfront price, in exchange for your commitment to use the Software for the full term.
Equipment allotment. Equipment under the plan is not unlimited. It depends on your monthly card processing volume: at least $10,000 per month for 1 station, $25,000 for 2 stations and $50,000 for 3 stations. A tablet provided by BrewPOS counts as a full station.
Equipment outside the plan. Equipment placed outside the $0 Placement Plan for any reason, including because you want more devices than your volume supports under the plan, will or may carry fees. Those fees are unrelated to BrewPOS and may be financed through a BrewPOS placement partner under that partner's own terms.
Your own equipment. Custom pricing is available if you want to bring your own equipment. It must be new, must run Windows IoT and must be approved by BrewPOS in writing before you buy it. Custom pricing applies only under a Custom Terms Addendum.
Ownership. You own the Equipment placed under the plan from the installation date. BrewPOS keeps no ownership interest in it. The Software is licensed, not sold.
Active use and inactivity. You agree to use the Software to process your sales at every station for the full term. If a station has no completed sales for more than 60 days, BrewPOS treats it as a cancellation of that station and charges $99 per station per month in place of the software fee, starting on the first Billing Date after the 60 days. The charge continues until the station processes a completed sale again or the term ends. It is not prorated. Test, training, voided, refunded and $0 transactions do not count as sales. Generating transactions only to avoid the charge is a breach. BrewPOS emails you at least 5 days before the first charge for a station.
No inactivity charge applies for a period in which BrewPOS approved a hold in a writing signed by an authorized NextPOS representative (for example a seasonal closure or remodel), a station could not process sales because of an outage or failure caused by BrewPOS or a manufacturer defect, or a force majeure event applies.
Ending early. You agree to the full 36-month term. If the agreement ends before the term does, for any reason other than BrewPOS's own breach, including termination for default, abandonment or a cancellation request, you pay $99 per station for each Billing Date left in the term (the "Early Cancellation Charge"). It is due when the agreement ends. This is the agreed price of the Equipment and service you received. BrewPOS's losses from an early exit are hard to calculate in advance, and the parties agree this is a reasonable estimate and not a penalty. Ending early does not change who owns the Equipment.
Abandonment. BrewPOS treats the account as abandoned if a station is inactive and you do not answer two notices sent at least 7 days apart to the email and mailing address on file, you close or leave the location or stop doing business, or you fail to cure a payment default. On abandonment, the Early Cancellation Charge for every affected station is due immediately and BrewPOS may disable the Software.
You may cancel before the end of your initial term by giving notice on the cancellation form and paying the software fee for each station for each Billing Date left in the term. It is due on the cancellation date. You keep the Equipment you bought. BrewPOS and you may agree to a different arrangement only in a writing signed by an authorized NextPOS representative.
Use and care. Use Equipment only to run the Software at the installation location. Tell BrewPOS before you move it. Do not modify it, install other software on it, or connect unauthorized devices to it without BrewPOS's written approval.
Risk of loss. You bear the risk of loss, theft, damage or destruction of Equipment from delivery on. Tell BrewPOS right away if Equipment is lost, stolen or accessed by someone unauthorized.
Manufacturer defects ($0 Placement Plan). During the initial term, BrewPOS repairs or replaces Equipment with a manufacturer defect at no charge. BrewPOS decides after inspecting the unit whether the problem is a manufacturer defect and provides a prepaid label for the defective unit, which BrewPOS keeps. A replacement unit belongs to you when it is delivered. After the initial term, whether to repair or replace Equipment is at BrewPOS's sole discretion.
Damage and loss. If Equipment is lost, stolen, destroyed or damaged by anything other than a manufacturer defect or normal wear, including drops, impact, spilled drinks, beer or other liquids, tampering, power surges and fire, you pay BrewPOS's actual repair cost or, if the unit cannot reasonably be repaired or is lost, the Equipment Value of a replacement. BrewPOS sends an itemized invoice. It is due within 10 days and may be charged to your payment method on file.
Terminal: $1,100
Printer: $399
Card reader: $349
Router: $99
IoT tablet: $1,300
Standard and Bring Your Own. Equipment you bought carries only the manufacturer warranties stated on your hardware purchase order. BrewPOS decides whether a returned item meets those terms after inspection, and you pay the shipping to return it. Service outside warranty is at BrewPOS's discretion and for additional charges.
How to request a repair. Contact BrewPOS support. Keep the unit powered off and disconnected from other devices until support tells you what to do. Do not send Equipment back without a prepaid label from BrewPOS.
Access. Give BrewPOS access to the Equipment during business hours on reasonable notice so it can repair or replace it.
BrewPOS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software on your Equipment at your installation location, for the number of stations in your Service Agreement and for your internal business operations, while your agreement is in effect and fees are paid. Details are in the EULA. You agree to accept and install updates as deployed. BrewPOS may modify, update or discontinue features at any time.
You authorize BrewPOS to debit the bank account on file by ACH, and to charge the backup card if a debit fails, for all fees and other amounts that become due under your agreement. Card charges are stored-credential authorizations for unscheduled merchant-initiated charges under card network rules. Bank charges are business (CCD) ACH debits under the Nacha Operating Rules, and BrewPOS will retry a returned debit no more than twice. Keep a valid payment method on file as long as you owe anything, and update it promptly if it changes. You may revoke this authorization by written notice that BrewPOS receives at least 10 days before a charge. Revoking it, or removing or changing the payment method, does not cancel what you owe. A failed payment that is not paid within 10 days after our email notice is a default, and the remedies in your Service Agreement apply.
Fees stated by BrewPOS do not include sales, use, excise or similar taxes unless your Service Agreement says so. You are responsible for taxes on the Services and Equipment, and for sales tax you must collect and remit on your own sales. BrewPOS does not give tax advice. Talk to your own tax professional about the tax treatment of Equipment you own.
You must keep your business compliant with the Payment Card Industry Data Security Standard (PCI DSS) at all times, at your own cost. You are responsible for virus protection and security on your own systems, networks and devices, for access controls for Equipment on your premises, and for telling BrewPOS immediately if Equipment is lost, stolen or accessed without authorization. To the extent the law allows, BrewPOS is not liable for loss, theft, corruption of or unauthorized access to your data that results from your failure to meet these duties.
BrewPOS may collect technical and transaction activity data from the Software and Equipment, such as station status, login activity, transaction counts and dates, software version and error logs, to provide and support the Software, apply your agreement (including measuring active use), bill you and protect security. See the Privacy Policy for more.
By giving us your email address or phone number, you agree that BrewPOS and its service providers may contact you about the Services, your account, billing, notices required by your agreement, support and updates. Required notices may be sent by email. We send text messages only if you opt in, as described in the Text messaging program section.
Marketing. You can unsubscribe from marketing emails using the link in them. We may still send required account and legal notices.
What it is. BrewPOS text messages are sent by NextPOS LLC d/b/a BrewPOS to merchants and prospective merchants who opt in. Messages can include demo and appointment reminders, account, billing and support notices, software and service updates, and, if you agree to them, offers about BrewPOS products and services.
Who can opt in. You must be at least 18 and the account holder or an authorized user of the mobile number you give us.
How often. Message frequency varies.
Cost. Message and data rates may apply for messages we send to you and messages you send to us.
Opting out. You can cancel at any time. Reply STOP to any message. We will send one message confirming you are unsubscribed, and you will get no more texts from us unless you opt in again.
Help. Reply HELP for help, or contact BrewPOS support at 1-800-676-9874 or [email protected].
Carriers. Carriers are not liable for delayed or undelivered messages.
Not a condition of purchase. Consent to marketing texts is not a condition of buying anything.
Privacy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes, and text messaging originator opt-in data and consent will not be shared with any third parties. See our Privacy Policy at brewpos.com/privacy-policy.
The Site and Services may link to or work with third-party websites, apps and services, including processors, banks, financing and placement partners, payroll and online-ordering providers and other integrations. We do not control them and are not responsible for them. Your use of them is under their own terms and privacy policies.
BrewPOS does not promise that the Site or Services will be uninterrupted or error-free. We may perform maintenance, and outages can happen, including outages of internet, power, processors, carriers or other third parties. We may change, suspend or discontinue the Site or any feature, subject to what your Service Agreement requires for the Services you pay for.
Except as expressly stated in your Service Agreement, the Site, the Software, the Equipment and the Services are provided "as is" and "as available," without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, and any warranty arising from course of dealing or usage of trade. BrewPOS does not warrant that the Site or Software will be error-free, uninterrupted or free of viruses, that it will meet your requirements, or that any payment processor or bank will approve, fund or continue to serve your business. BrewPOS does not guarantee any savings, profit or increase in sales.
BrewPOS and its affiliates, members, managers, officers, employees, agents, licensors, successors and assigns will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, revenue, sales, data or goodwill or business interruption, however caused and under any theory, including contract, tort (including negligence) and strict liability, even if advised of the possibility and even if a remedy fails of its essential purpose.
BrewPOS is not liable for downtime, outages, delays, errors, bugs, loss or corruption of data, security incidents, or declined, failed, duplicate or delayed transactions or deposits. BrewPOS is also not liable for the acts or omissions of any payment processor, acquirer, bank, card brand, internet or telecom provider or other third party, for chargebacks, fines or assessments, for claims by your customers or employees, or for errors in tip, tax or payroll reports.
BrewPOS's total liability for all claims arising out of or relating to these Terms, the Site, the Software, the Equipment or the services, taken together, will not exceed $300 in the aggregate, no matter how many claims there are or what legal theory they rest on.
Your sole and exclusive remedy for any defect or failure of the Software or Equipment is the repair, replacement or support BrewPOS provides under your Service Agreement. You are responsible for insuring your own business against loss. The fees reflect this allocation of risk.
These limits apply to the fullest extent the law allows. Nothing in this section limits what you owe under these Terms.
You will indemnify, defend and hold harmless BrewPOS and its members, managers, officers, employees, contractors, successors, assigns and agents from third-party claims, and related damages, penalties, fines, costs and expenses (including reasonable attorneys' fees), arising from your misuse of the Site, Software or Equipment, your breach of these Terms or your agreements with BrewPOS, your negligent or wrongful acts, your violation of law or card brand rules (including PCI DSS and pricing disclosure rules), your content, or your dealings with your customers, employees or processors. BrewPOS will tell you promptly of any claim. You will not settle a claim that imposes obligations on BrewPOS without BrewPOS's written consent.
Governing law. Nevada law governs these Terms, without regard to its conflict of law rules. The Federal Arbitration Act governs arbitration.
Notice first. Before starting arbitration, a party sends the other a written notice of dispute by certified mail or signed-for courier describing the dispute and the relief sought. Notices to BrewPOS go to NextPOS LLC, Attn: Legal, at the mailing address above. If the dispute is not resolved within 30 days after the notice is received, either party may start arbitration. This step does not apply to BrewPOS collecting unpaid amounts or recovering Equipment.
Binding individual arbitration. Except as the next paragraph provides, BrewPOS and you will resolve every claim relating to these Terms, the Site, the Services, the Equipment or any BrewPOS product or service only through binding individual arbitration before the American Arbitration Association under its Commercial Arbitration Rules. This includes claims in contract, tort, statute, fraud or any other theory, and claims that arise after your relationship with BrewPOS ends. Disputes of $25,000 or less are decided by telephone or on documents unless the arbitrator finds good cause for an in-person hearing, held in the county of your principal place of business. The arbitrator may award the same individual relief a court could. A court with jurisdiction may enforce the award.
Small claims and court. Either party may bring an individual claim in small claims court in the county of your principal place of business instead of arbitrating, and no notice of dispute is needed first. BrewPOS may also go to court to recover Equipment or to seek an injunction protecting its intellectual property or confidential information.
No jury, no class actions. Each party waives any right to a jury trial and to participate in a class action, class arbitration or representative proceeding. Claims may be brought only in a party's individual capacity.
Loser pays. In arbitration, the losing party pays the AAA filing, administrative and hearing fees and the arbitrator's compensation, and the winning party's reasonable attorneys' fees and costs. The arbitrator decides who prevailed and may divide these amounts in proportion if each side wins in part. The party that starts the arbitration pays the AAA's up-front fees, subject to reimbursement in the award.
Agencies. Nothing here stops you from raising issues with a federal, state or local agency.
One-year limit. Any claim must be filed within one year after it first could be filed, or it is permanently barred, to the extent the law allows. This does not apply to BrewPOS collecting amounts owed or protecting its intellectual property.
BrewPOS may suspend or end your access to the Site, Software or Services, with notice where reasonably practical, if you breach these Terms or your agreements, use the Services unlawfully or without authorization, fail to pay amounts when due, become insolvent, or put the security or integrity of the Software or BrewPOS's systems at risk. Ending access does not cancel charges that are already due. Sections that by their nature should survive, including payment, ownership, warranty, liability, indemnity and disputes, survive.
BrewPOS may update these Terms by posting a new dated version on the Site and, for merchants, by giving at least 30 days' notice of material changes. Each version is kept and available on request. Using the Site or Services after a change takes effect means you accept it. A change does not alter your fees, term, cancellation terms or Equipment terms during your initial term unless you agree to it in writing or by electronic acceptance, and does not apply to a dispute already noticed.
Entire agreement. These Terms, your Service Agreement, the EULA and any signed Custom Terms Addendum are the entire agreement on their subject and replace earlier proposals and understandings. Oral statements by BrewPOS representatives, including sales agents, are not warranties and are not part of the agreement.
Severability. If a provision is unenforceable, it is changed to the minimum extent needed and the rest stays in effect.
No waiver. A delay in exercising a right is not a waiver of it.
Assignment. You may not assign these Terms without BrewPOS's written consent, including in a sale of your business. BrewPOS may assign them. A prohibited assignment is void.
Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, employment or agency relationship.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. This does not excuse payment of amounts already due.
Notices. BrewPOS may give notice by email to the address on file or by mail to your business address. Notices to BrewPOS go by certified mail or signed-for courier to the mailing address below.
Electronic signatures. Electronic signatures and records are valid and enforceable under the federal E-SIGN Act and applicable state law.
Accessibility. We want the Site to be usable by everyone. If you have trouble using it, contact us and we will help.
NextPOS LLC d/b/a BrewPOS
Attn: Legal
1751 Hover Street B-4, #209, Longmont, CO 80501
brewpossales.com | Support: 1-800-676-9874 | [email protected]
Version 1.1 | Owner: NextPOS LLC d/b/a BrewPOS