Effective Date: September 2, 2026
Last Updated: September 2, 2026
Welcome to Divergent POS. These Terms and Conditions (“Terms”) govern your access to and use of the Divergent POS website, software, point-of-sale systems, hardware, subscriptions, support services, and other products and services offered by Divergent POS (“Divergent POS,” “we,” “us,” or “our”).
By accessing our website, purchasing our products or services, creating an account, installing or using our POS software, or otherwise engaging our services, you acknowledge that you have read, understood, and agreed to these Terms.
If you do not agree with these Terms, please do not use our website, software, products, or services.
Divergent POS provides point-of-sale and business management solutions designed to help businesses manage sales, inventory, customers, transactions, reporting, payments, and other business operations.
Our solutions may include, depending on the package purchased:
Specific features, hardware, pricing, inclusions, and service levels may vary depending on the package, quotation, order form, agreement, or proposal provided to the customer.
By using Divergent POS services, you confirm that:
If an individual accepts these Terms on behalf of a company, partnership, corporation, or other organization, that individual represents that they have the authority to do so.
Divergent POS may provide software, hardware, implementation, configuration, training, maintenance, support, and other services.
The exact scope of services provided to a customer will depend on the customer's:
Where there is a conflict between these Terms and a separate written agreement signed by both parties, the specific written agreement will generally control with respect to the subject matter covered by that agreement.
Prices displayed on the Divergent POS website or communicated by our sales representatives may be subject to change unless otherwise stated in a valid quotation, order, or written agreement.
Customers are responsible for paying all applicable charges associated with their selected products and services.
Depending on the agreement, charges may include:
Payment terms will be communicated before or during the purchase process.
Unless otherwise agreed in writing, Divergent POS may require payment before delivery, installation, activation, or provision of certain products or services.
Unless expressly stated otherwise, applicable taxes, government charges, delivery fees, or other charges may be included in or added to the quoted price depending on the applicable transaction.
Customers are responsible for providing accurate billing information necessary for proper invoicing and documentation.
Divergent POS may issue invoices, receipts, or other transaction documents in accordance with applicable Philippine laws and regulations.
Where Divergent POS software is licensed rather than sold outright, the customer receives a limited, non-exclusive, non-transferable right to use the software for the customer's authorized business operations during the applicable license or subscription period.
Unless expressly permitted in writing, customers may not:
Any software supplied by Divergent POS remains subject to applicable intellectual property rights.
If an account, username, password, PIN, or other authentication method is provided, the customer is responsible for maintaining the confidentiality of their credentials.
Customers should:
The customer is responsible for activities performed using its authorized account credentials unless the customer can demonstrate that the activity resulted from unauthorized access not caused by the customer's failure to maintain reasonable security.
Customers are responsible for properly configuring and using their POS system.
Customers must provide accurate information required for implementation, including where applicable:
Customers are also responsible for ensuring that their employees and authorized users receive appropriate training and follow their internal policies.
Customers retain responsibility for the business information and data entered into or generated through their use of the POS system.
This may include:
Customers are responsible for ensuring that they have the necessary rights and lawful basis to collect, upload, process, and use personal information or other data entered into the system.
Where Divergent POS processes personal information on behalf of a customer, the parties will comply with applicable Philippine data protection requirements and any applicable data processing agreement.
For additional information about how Divergent POS handles personal information, please refer to our Privacy Policy.
Divergent POS respects the privacy of individuals and businesses using our services.
Personal information may be collected and processed in connection with account registration, sales transactions, customer support, installation, training, billing, product delivery, system administration, and other legitimate business purposes.
Our processing of personal information is subject to applicable Philippine data privacy laws and our Privacy Policy.
Customers using Divergent POS to process information about their own customers, employees, or other individuals are responsible for complying with applicable privacy obligations relating to that information.
Divergent POS may offer POS solutions designed to support businesses with applicable Philippine tax and regulatory requirements.
Where a particular Divergent POS product or configuration is represented as BIR-compliant, BIR-accredited, or suitable for a particular regulatory requirement, that representation applies only to the applicable product, version, configuration, and conditions for which such status or representation is valid.
Customers remain responsible for:
Divergent POS does not guarantee that the use of a POS system alone will make a business compliant with every tax, accounting, licensing, or regulatory obligation.
Regulatory requirements may change over time, and customers should obtain appropriate professional or regulatory advice where necessary.
Hardware supplied by Divergent POS may include POS terminals, printers, scanners, cash drawers, displays, networking equipment, and other peripherals.
Hardware availability may depend on supplier inventory and product availability.
Product specifications, models, colors, brands, and components may be substituted with equivalent or improved alternatives where necessary, subject to applicable customer agreements.
Customers are responsible for using hardware according to the manufacturer's or Divergent POS's instructions.
Damage caused by misuse, unauthorized modification, physical damage, liquid damage, electrical problems, improper installation, or other circumstances outside normal use may not be covered by applicable warranty terms.
Where installation is included in the customer's package, Divergent POS will perform the agreed installation and configuration services.
Customers are responsible for providing reasonable access to the installation location and ensuring that necessary facilities are available, which may include:
Installation schedules may be affected by site conditions, customer availability, hardware availability, or circumstances beyond Divergent POS's reasonable control.
Certain Divergent POS features may require an internet connection.
Internet-dependent services may be affected by:
Where an offline-capable feature is offered, offline functionality may have limitations and may require synchronization once connectivity is restored.
Customers remain responsible for maintaining suitable internet and network infrastructure where required.
Divergent POS may integrate with third-party services such as:
Third-party services are generally governed by their own terms and policies.
Divergent POS is not responsible for interruptions, changes, errors, fees, security incidents, or service limitations caused by third-party providers beyond Divergent POS's reasonable control.
Divergent POS may release updates, patches, improvements, security fixes, feature changes, or modifications to its software.
Updates may be required to:
Some updates may change, replace, add, or remove features.
Divergent POS will make reasonable efforts to maintain the functionality of its products, but cannot guarantee that every feature will remain unchanged indefinitely.
Support services may be provided through available channels such as:
Support availability may depend on the customer's package or agreement.
Customers should provide sufficient information when reporting technical issues, including relevant screenshots, error messages, device information, and descriptions of the problem where reasonably possible.
Divergent POS may require remote access or on-site access when necessary to diagnose or resolve certain issues, subject to appropriate authorization and security procedures.
Customers are responsible for maintaining appropriate backups of important business information unless a specific backup service is expressly included in their agreement.
Customers should regularly verify that important records, reports, and business information are available and accessible.
Divergent POS may provide backup or recovery mechanisms for certain products or services, but backup functionality may vary depending on the system configuration.
No backup system can guarantee recovery from every possible failure or event.
Refunds, cancellations, and returns are subject to the applicable purchase agreement, quotation, subscription plan, warranty terms, and applicable Philippine law.
Before purchasing a product or service, customers should review:
Where a refund is approved, the refund method and processing period may depend on the original payment method and applicable policies.
Nothing in these Terms is intended to remove or restrict rights that cannot legally be excluded under applicable Philippine law.
For subscription-based services, the customer must maintain an active subscription and settle applicable fees according to the agreed billing schedule.
If payment is overdue, Divergent POS may, subject to the applicable agreement and law:
Customers should contact Divergent POS promptly if they believe a suspension or billing issue has occurred in error.
Where a customer purchases a package described as “lifetime ownership” or “perpetual license,” the applicable rights are those specifically stated in the customer's quotation, agreement, or purchase documentation.
Lifetime or perpetual ownership does not necessarily mean that all future versions, upgrades, third-party services, hardware, integrations, hosting, or support services will be provided indefinitely without additional charges.
Any included support, maintenance, upgrades, or services will be governed by the applicable package or agreement.
All intellectual property rights relating to Divergent POS's software, website, branding, logos, designs, documentation, interfaces, graphics, processes, and other proprietary materials remain with Divergent POS or its respective licensors unless otherwise stated.
Nothing in these Terms transfers ownership of Divergent POS intellectual property to the customer.
Customers may not use Divergent POS trademarks, logos, branding, or proprietary materials without prior written authorization, except where permitted by law.
Customers must not use Divergent POS products or services to:
Divergent POS may investigate suspected violations and take reasonable action where necessary to protect its systems, customers, employees, and third parties.
We aim to provide reliable and continuous services, but we do not guarantee that the website, software, servers, integrations, or support services will always be available without interruption.
Service interruptions may result from:
We will make reasonable efforts to restore affected services when practicable.
To the extent permitted by applicable law, Divergent POS provides its services according to the applicable product specifications and customer agreement.
We do not guarantee that:
Customers should evaluate whether the selected product is suitable for their specific business requirements.
To the extent permitted by applicable Philippine law, Divergent POS will not be responsible for indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use our products or services.
This may include, where legally permissible:
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under Philippine law.
Where applicable, any limitation of liability may also be subject to the specific terms of the customer's written agreement with Divergent POS.
To the extent permitted by law, customers agree to indemnify and hold Divergent POS and its authorized representatives harmless from claims, losses, damages, liabilities, and reasonable expenses arising from:
This provision does not apply to the extent that the claim resulted from Divergent POS's own unlawful conduct or liability that cannot legally be excluded.
Each party may receive confidential business, technical, financial, or operational information belonging to the other party.
Each party agrees to use reasonable measures to protect confidential information and not disclose it to unauthorized persons, except where disclosure is:
Either party may terminate a service relationship in accordance with the applicable agreement, subscription terms, or purchase documentation.
Divergent POS may suspend or terminate access where reasonably necessary because of:
Upon termination, the customer's right to use subscription-based software may end.
Any outstanding payment obligations incurred before termination will remain payable.
Upon termination:
Where applicable, Divergent POS may provide the customer with a reasonable opportunity to retrieve or export available customer data, subject to the applicable product, agreement, technical limitations, and legal requirements.
Divergent POS will not be considered in breach of these Terms for delays or failures caused by circumstances beyond its reasonable control.
Such circumstances may include:
We will make reasonable efforts to minimize the impact of such events.
Divergent POS may update these Terms from time to time to reflect:
The updated version will be posted on our website with an updated “Last Updated” date.
Where required by law or applicable agreement, we will provide appropriate notice of material changes.
Continued use of the services after the effective date of updated Terms may constitute acceptance of the revised Terms, to the extent permitted by law.
Information published on the Divergent POS website is provided for general informational purposes.
Although we aim to keep information accurate and current, product specifications, pricing, availability, features, promotions, and other information may change without prior notice.
A website description does not override a specific written quotation, purchase agreement, or service agreement entered into with a customer.
Our website may contain links to third-party websites or services.
These links are provided for convenience and do not necessarily constitute endorsement by Divergent POS.
Divergent POS is not responsible for the content, security, privacy practices, availability, or policies of third-party websites.
Users should review the applicable terms and privacy policies of third-party websites before using them.
By communicating with Divergent POS electronically, you acknowledge that electronic communications may be used for business purposes, including:
Electronic transactions and communications may be subject to applicable Philippine laws, including the Electronic Commerce Act of 2000.
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of the Philippines, without prejudice to applicable mandatory consumer protection or other legal provisions.
Any dispute shall first be addressed through good-faith communication between the parties.
Where a dispute cannot be resolved amicably, the parties may pursue remedies available under applicable Philippine law.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to the extent permitted by law.
The invalid provision will be interpreted or modified to the extent necessary to make it enforceable while preserving its original purpose as much as legally possible.
Failure by Divergent POS to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision in the future.
Any waiver must be made in accordance with applicable law and, where appropriate, in writing.
These Terms, together with any applicable quotation, order form, subscription agreement, service agreement, invoice, warranty terms, and other written agreements between Divergent POS and the customer, constitute the applicable agreement governing the customer's use or purchase of the relevant products and services.
If you have questions regarding these Terms and Conditions, please contact Divergent POS through:
Divergent POS
Website: https://www.divergentpos.com/
Email: misha.ballesteros@divergentechphil.com
Phone: 0968-103-3977
Address: Unit 701-A, Pacifica One Center, 2178 Chino Roces Ave, Makati City, 1230 Metro Manila
For privacy-related concerns, please refer to our Privacy Policy or contact our designated privacy contact/DPO at:
Privacy Contact / Data Protection Officer: [Insert Name or Office]
Email: [Insert Privacy Email Address]
By purchasing, accessing, installing, or using Divergent POS products and services, the customer acknowledges that they have had the opportunity to review these Terms and Conditions and agrees to comply with the applicable provisions.
Nothing in these Terms is intended to waive, remove, or restrict any right or protection that cannot legally be waived under applicable Philippine law.
Last Updated: September 2, 2026
