Effective Date: June 2nd, 2015 This agreement (or “EULA”) is a legal agreement between the person, company or organization (“You”) that has licensed a software product (“Product” – FoodKonnekt) and mKonnekt DBA as FoodKonnekt(“Licensor” or “Application Provider”). The Product is to be obtained only through Clover’s software distribution platform (“App Store”). By installing and/or using any Product provided by the Licensor, You are confirming your acceptance of this agreement and You are agreeing to become bound by the terms of this agreement. This EULA shall apply only to a Product supplied by the Licensor herewith regardless of whether other software or platform is referred to or described herein. The Products transacted through the Services are licensed, not sold, to You for use only under the terms of this license. The Application Provider reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.” The Licensed Application is to be used on devices that are compatible with Clover platform and can also be accessed (for reporting and dashboard purposes) on devices that support different browser (Windows Explorer, Chrome & Safari) and the aforementioned devices are referenced in this license as “Devices”.
- Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules. This license does not allow You to use the Licensed Application on any Devices that You do not own or control but can run the application on multiple devices within a location. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Support & Communication: You consent to receiving emails and other form of communication from the Application Provider during the course of license agreement between the both parties. You also consent to receive third party offers from companies and entities that the Application Provider has tied up with as part of its business operations.
- Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider will also collect information about employees, product information, customer information in order for seamless integration of the application and the Clover platform. Application Provider may use this information to improve its products or to provide services or technologies to You. During initial set up all the “Product” including item and price information is retrieved from the Clover platform and you should verify that the information is accurate and up to date. In case of any issues you should inform the Application Provider in writing about such issues and the Application Provider will examine and analyze the underlying reasons for such errors and omissions. The Application Provider will then determine the course of action based on the analysis.
- Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
- Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
- Subscription Model: FoodKonnekt follows a “platform as a service” model with different levels of subscription as well as a pay as you go level. Currently we will have three subscription tiers with the base rate starting at $49.99 (for 100 orders) and for every order over this a charge of $0.49. The second subscription tier would be at $74.99 (up to 200 orders) and for every order over this limit there will be a charge of $0.39. The premium subscription tier is $99.99 for unlimited orders. For the pay as you go level we will offer 5 free orders per month and from 6th order onwards there will be a charge $0.99 per order.
- You can cancel your subscription at any time by uninstalling the app from your Clover account. As the Application Provider charges monthly subscription fee in advance, you will not receive a refund upon cancelation. Any refunds is a decison of the Application Provider and is taken on a per case basis. Also Application Provider has the right to cancel your services in case of non payment of your monthly subscription charges. Application Provider will contact you with a written communication in case of its inability to process your payment and within seven days of this communcation the Application Provider expects the payment option restored. In case this does not happen the Application Provider will terminate this agreement and any unpaid charges will be recovered as per the law.
- Subscription charges and changes to the freemium model are within the perview of the Application Provider. The Application Provider has the right to change the service charges with our prior notice and the price changes apply to the new user immediately. Existing users will still continue with the existing pricing structure as long as their current agreement is in good standing. If for whatever reasons either the agreement is terminated then the old pricing will not be effective on renewal of the agreement.
- The Application Provider calculates the taxes based on the data input by the user. It is the user’s responsibility to maintain all the relevant tax rates and make sure that the tax rates are upto date in the Product.
- The Application Provider will make reasonable efforts to minimize interruptions to providing the service. In case of any interruptions the Application Provider will take necesary actions to get the service back online but you acknowledge and agree that credit allowances for interruption of the Service will not be provided. In case of service interruptions beyond the Application Provider’s control (acts of god, war etc) you also agree that credit allowances will not be provided.
- Application Provider has the right to cancel the services to you if it is determined that
there is an IP infringement, inability to pay for the services, ceasing of business and other
reasons. Also the Application Provider can take the product off the market for any
business reason including filing a petition in bankruptcy, the app violating applicable
laws or violates the
Clover App Market Developer Program Policies; (iv) is being distributed in a manner that is in breach of the Clover Developer Terms; (v) may create liability for Clover; or (vi) may contain a virus, malware or spyware, or may have an adverse impact on Clover’s systems.
- No Warranty: You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the license application and any services performed or provided by the licensed application (“services”) are provided “as is” and “as available,” with all faults and without warranty of any kind, and application provider hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and noninfringement of third party rights. Application provider does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that effects in the licensed application or services will be corrected. No oral or written information or advice given by application provider or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
- Limitation of Liability. To the extent not prohibited by law, in no event shall application provider be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
- In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
- The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublishedrights reserved under the copyright laws of the United States.
- The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.