Terms of Use

Last updated: April 3, 2025

1. Acceptance of Terms

By accessing or using Exter Solutions' website, EX-POS platform, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Use. If you do not agree, please do not use our Services.

2. SMS Messaging Terms

By providing your mobile phone number to Exter Solutions or a merchant using the EX-POS platform, and by opting in to SMS communications, you expressly consent to receive the following types of text messages:

2a. Order Confirmation & Transactional Messages

When you place an order through an EX-POS-powered restaurant (online or by phone), you will receive automated SMS order confirmations and status updates. These messages are necessary to complete your transaction and are sent based on your order activity.

2b. Promotional SMS Messages

If you opt in to a merchant's SMS marketing program through EX-POS, you consent to receive promotional text messages including special offers, discounts, new menu items, flash sales, and loyalty program updates. Promotional messages are sent by or on behalf of the specific merchant whose program you joined.

Important SMS Disclosures:

  • Message and data rates may apply.
  • Message frequency varies; promotional messages may be sent up to 10 times per month per merchant.
  • To opt out of a merchant's promotional messages, reply STOP to any promotional SMS.
  • To opt out of all messages from a merchant, reply STOP ALL.
  • For assistance, reply HELP or contact info@exter.ca.
  • Consent to receive SMS messages is not a condition of purchase.
  • Carriers are not liable for delayed or undelivered messages.

3. Use of the EX-POS Platform

You agree to use the EX-POS platform only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the platform in any way that violates applicable federal, provincial, or local laws or regulations.
  • Transmit unsolicited promotional communications (spam) through the platform.
  • Attempt to gain unauthorized access to any part of the platform or its systems.
  • Interfere with or disrupt the integrity or performance of the platform.

4. Merchant Responsibilities

Merchants using EX-POS to operate SMS marketing programs are solely responsible for:

  • Obtaining proper opt-in consent from customers before sending promotional messages.
  • Providing clear opt-out instructions in every promotional message.
  • Complying with Canada's Anti-Spam Legislation (CASL), TCPA, and all applicable telecommunications regulations.
  • The content and accuracy of all messages sent through their account.

5. Intellectual Property

All content, trademarks, logos, and software associated with EX-POS and Exter Solutions are the property of Exter Solutions or its licensors. You may not reproduce, distribute, or create derivative works without our express written permission.

6. Disclaimer of Warranties

The Services are provided "as is" without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

7. Limitation of Liability

To the fullest extent permitted by law, Exter Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, including SMS communications.

8. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes shall be resolved in the courts of Ontario.

9. Changes to These Terms

We reserve the right to update these Terms at any time. We will notify users of material changes by updating the "Last updated" date. Continued use of the Services after changes constitutes acceptance of the new Terms.

10. Contact Us

For questions about these Terms, please contact:

Exter Solutions

1670 North Service Rd E, Unit 107, Oakville, ON L6H 7G3

Email: info@exter.ca

Phone: 519-781-7688