Effective Date: August 21, 2026
Terms of Service
These Terms of Service ("Terms") govern your access to and use of Inocean POS, Inocean ERP, IECSP.com and related software, websites, applications, APIs, hosting services, demonstration environments and technical services (collectively, the "Services") provided by Maginut Inc. ("Maginut", "we", "us" or "our").
By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of a business or other organization, you represent that you are authorized to accept these Terms on its behalf.
1. Services
Inocean is an integrated business software platform designed primarily for restaurants, retailers and multi-location businesses.
Depending on the service plan, the Services may include:
- Point-of-sale functionality;
- Restaurant operations;
- Retail operations;
- Kitchen Display System;
- Queue management;
- Reservations;
- Table management;
- Inventory management;
- Purchasing and procurement;
- Supplier and receiving management;
- Reporting;
- Cash management;
- Customer and employee management;
- APIs and integrations;
- Hosting and deployment services;
- Technical support.
Features may vary by product version, deployment configuration or service plan.
2. Account and Access
You are responsible for:
- maintaining the confidentiality of account credentials;
- controlling access to your account;
- assigning appropriate employee permissions;
- ensuring that authorized users use the Services appropriately; and
- notifying us of suspected unauthorized access.
You are responsible for activities performed through your account unless caused by our failure to maintain reasonable security measures.
3. Customer Data
You retain ownership of data submitted to the Services by you or on your behalf ("Customer Data").
You grant Maginut the limited rights necessary to host, process, transmit, back up, secure and otherwise provide the Services.
We do not acquire ownership of your business records, customer records, transaction records or inventory data merely because such information is stored in Inocean.
4. Acceptable Use
You must not use the Services to:
- violate applicable law;
- interfere with the operation or security of the Services;
- gain unauthorized access to systems or accounts;
- distribute malicious software;
- intentionally abuse or overload the Services;
- attempt to reverse engineer or compromise security mechanisms; or
- use the Services for fraudulent or unlawful activities.
5. Third-Party Services
The Services may integrate with third-party services, including payment processors, delivery platforms, messaging services, hosting providers and other business systems.
Third-party services are governed by their own terms and policies.
Maginut does not control third-party services and does not guarantee their availability, accuracy, security or continued compatibility.
6. Fees
Fees, where applicable, are described on the applicable pricing page, order form or service agreement.
Free or sponsored access may be subject to eligibility requirements and availability.
We may change future pricing with reasonable notice. Changes will not retroactively alter fees already paid for a committed billing period unless otherwise agreed.
7. Intellectual Property
The Services, software, source code, interfaces, documentation, trademarks, designs and related technology are owned by or licensed to Maginut unless otherwise stated.
Nothing in these Terms transfers ownership of the Services to you.
8. Open Source Components
Inocean incorporates open-source software, including components of Shopware Community Edition and other open-source technologies.
Those components remain subject to their respective open-source licenses.
Nothing in these Terms restricts rights granted to you under applicable open-source licenses.
9. Service Changes
We may modify, improve, replace or discontinue features from time to time.
We will make reasonable efforts to avoid materially disrupting active production services.
10. Suspension and Termination
We may suspend or terminate access where reasonably necessary because of:
- non-payment;
- security threats;
- unlawful use;
- abuse of the Services;
- material violation of these Terms; or
- circumstances requiring immediate suspension to protect the Services or other customers.
Upon termination, Customer Data may be handled according to the applicable Backup / Data Retention policy.
11. Disclaimer
The Services are provided as a business software platform and are not a substitute for the Customer's own operational, accounting, tax, legal, food safety or business judgment.
Maginut does not guarantee that the Services will be uninterrupted, error-free or suitable for every particular business requirement.
12. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the applicable laws of Canada.
Subject to applicable law, disputes will be resolved by the courts of British Columbia.
13. Contact
Maginut Inc.
Email: info@maginut.com
Limitation of Liability
To the maximum extent permitted by applicable law:
Maginut will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business opportunities, goodwill or anticipated savings arising from the use or inability to use the Services.
Maginut is also not responsible for losses caused by:
- Customer configuration;
- unauthorized account access caused by Customer credentials;
- third-party payment processors;
- Internet or telecommunications failures;
- third-party integrations;
- hardware failures outside Maginut's control;
- Customer misuse;
- inaccurate information entered by Customer;
- events beyond Maginut's reasonable control.
Liability Cap
To the maximum extent permitted by applicable law, Maginut's aggregate liability arising from the Services will not exceed the greater of:
(a) the fees actually paid by the Customer to Maginut for the Services during the twelve months immediately preceding the event giving rise to the claim; or
(b) CAD $100.
For Sponsored or no-fee accounts, the applicable liability limitation remains subject to applicable law.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
Service Availability
Maginut aims to provide reliable and continuously accessible Services but does not guarantee uninterrupted or error-free operation unless a separate written Service Level Agreement ("SLA") applies.
Scheduled Maintenance
We may temporarily suspend Services for:
- software updates;
- security maintenance;
- database maintenance;
- infrastructure maintenance;
- backup operations;
- emergency repairs.
Where reasonably practicable, scheduled maintenance will be communicated in advance.
Emergency Maintenance
Maginut may perform emergency maintenance without advance notice where necessary to protect security, data integrity or system availability.
Third-Party Dependencies
Service availability may be affected by:
- cloud infrastructure providers;
- Internet connectivity;
- DNS providers;
- payment processors;
- delivery platforms;
- external APIs;
- hardware;
- telecommunications services.
Such events may be outside Maginut's control.
No SLA Unless Agreed
Starter and Sponsored plans do not include a contractual uptime SLA.
Business plans receive reasonable technical support during the published support hours.
Custom customers may negotiate a separate SLA.
Backup & Data Retention Policy
Maginut maintains backup procedures designed to reduce the risk of permanent data loss.
Production Data
Depending on the deployment architecture, production databases may be backed up using:
- scheduled full database backups;
- transaction or binary-log based recovery mechanisms;
- off-site backup storage;
- backup verification procedures.
Backup Retention
Standard deployments may use different retention periods depending on the service plan and infrastructure.
Typical retention may include:
- daily backups;
- weekly backups;
- monthly backups;
- transaction-log or binary-log retention where supported.
Specific retention periods may change as infrastructure evolves.
Backup Is Not an Archive
Backups are intended primarily for disaster recovery.
Customers should maintain their own independent copies of information that they are legally or operationally required to retain.
Restore
Where technically feasible, Maginut may restore Customer Data following:
- infrastructure failure;
- database corruption;
- accidental data loss;
- certain security incidents.
Restoration may require downtime.
Customer-Initiated Restore
Customer-requested restoration may be subject to technical limitations, service-plan limitations or additional fees.
Data After Termination
Following termination, Customer Data may remain temporarily in active systems, backups or disaster-recovery systems.
Backup copies may be retained until they expire under normal backup rotation.
Where applicable, Customer Data will then be securely deleted or anonymized, subject to legal or operational retention requirements.
Payment Disclaimer
Inocean provides payment-related functionality as part of the POS platform.
Unless expressly stated otherwise, Maginut is not a bank, credit-card network, merchant acquirer or financial institution.
Payment processing may be provided by independent third-party payment service providers.
Third-Party Payment Processing
When a Customer uses a third-party payment processor:
- the processor controls the processing of the payment;
- the processor's terms and privacy policy apply;
- transaction authorization is determined by the applicable processor or financial institution;
- settlement timing is controlled by the applicable payment provider.
Payment Data
Where supported, payment card information should be processed through appropriate payment-provider systems.
Maginut does not intend to store full payment card numbers or sensitive authentication data unless expressly required for a specific integration and legally permitted.
Payment Failures
Maginut is not responsible for payment failures caused by:
- card networks;
- banks;
- payment processors;
- declined transactions;
- terminal failures;
- Internet connectivity;
- fraud controls;
- merchant account restrictions.
Refunds
Inocean may provide tools for recording or initiating refunds.
The actual movement of funds may be controlled by the applicable payment processor.
Future Payment Partnerships
Maginut may establish relationships with payment processors and may receive referral, integration or other commercial compensation where permitted by law.
Such relationships do not guarantee that a particular processor will be available to every Customer.
