Application End User
License Agreement
GENERAL
1.1. By installing the Application (as defined
below), you agree to be bound by these terms of use ("app terms"),
all applicable laws and regulations, and agree that you are responsible for
compliance with any applicable local laws. If you do not agree with any of
these terms, you are prohibited from using or accessing this site. The
materials contained in this Software are protected by applicable copyright and
trade mark law. Please review them carefully before installation and/or
acceptance.
2.
DEFINITIONS
The "Application" shall mean the
software provided by Smart Apps, LLC to offer services related to Smart Apps,
LLC, Smart Apps LLC’s services and its partners’ services, to be used on Clover
POS devices and any upgrades from time to time and any other software or
documentation which enables the use of the Application.
3.
DATA PROTECTION
Any personal information you supply to Smart
Apps, LLC when using the Application will be used by Smart Apps, LLC in
accordance with its Privacy Policy.
4.
Smart Charge App
The Application allows you to access certain
functionality available on the application. Such access will be governed by the
Smart Charge App Terms of Use.
4.1. By using this app, you understand that it is the sole responsibility of the store owner who they choose to extend ‘store credit’ and allow sales towards any charge accounts. This app does NOT check the credit worthiness of the Smart Charge account assignee on behalf of the store owner.
4.2. By using this app, you understand that the Smart Charge app and its developers are not responsible and/or liable for balance collection. The store owner bears all risks from extending house credit. The store owner agrees to indemnify, defend, and hold harmless Smart Charge app developers, affiliates, officers, directors, employees and permitted assignee’s from and against any loss, liability, damage, penalty or expenses (including attorney’s fees and cost of defense) suffered or incurred as a result of using the Smart Charge app.
4.3. By using this app, you understand that the revenue numbers shown within the Clover reports will be inaccurate. You must utilize the reports within the Smart Charge app for accurate payment transaction numbers.
5.
PROPRIETARY RIGHTS AND LICENCE
5.1. All trademarks, copyright, database rights
and other intellectual property rights of any nature in the Application
together with the underlying software code are owned either directly by Smart
Apps, LLC or by Smart Apps, LLC’s licensors.
6.
CONDITIONS OF USE
6.1. You will not, nor allow third parties on
your behalf to (i) make and distribute copies of the
Application (ii) attempt to copy, reproduce, alter, .m modify, reverse
engineer, disassemble, decompile, transfer, exchange or translate the
Application; or (iii) create derivative works of the Application of any kind
whatsoever.
6.2. The Application is currently made available
to you for your personal, non-commercial use. Smart Apps, LLC reserves the
right to amend or withdraw the Application, or charge for the application or
service provided to you in accordance with these app terms, at any time and for
any reason.
6.3. You acknowledge that the terms of agreement
with your respective mobile network provider (‘Mobile Provider’) will continue
to apply when using the Application. As a result, you may be charged by the
Mobile Provider for access to network connection services for the duration of
the connection while accessing the Application or any such third party charges
as may arise. You accept responsibility for any such charges that arise
6.4. If you are not the bill payer for the
mobile telephone or handheld device being used to access the Application, you
will be assumed to have received permission from the bill payer for using the
Application.
7.
AVAILABILITY
7.1. This Application is available to Clover
devices running Clover POS Platform. Smart Apps, LLC will use reasonable
efforts to make the Application and its services available at all times.
However you acknowledge the Application is provided over the internet and
mobile networks and so the quality and availability of the Application may be
affected by factors outside Smart Apps LLC’s reasonable control.
8.
SYSTEM REQUIREMENTS
8.1. In order to use the Application, you are
required to have a Clover POS device, Clover service account, internet access,
and the necessary minimum specifications ('Software Requirements').
8.2. The version of the Application software may
be upgraded from time to time to add support for new functions and services.
9.
TERMINATION
9.1. Smart Apps, LLC may terminate use of the
Application at any time by giving notice of termination to you.
9.2. Upon any termination, (a) the rights and
licenses granted to you herein shall terminate; (b) you must cease all use of
the Software;
10.
LIMITATION OF LIABILITY
10.2. Upon any termination, (a) the rights and
licenses granted to you herein shall terminate; (b) you must cease all use of
the Software;
10.1. In no event will Smart Apps, LLC be liable
for any direct, indirect, special, punitive, exemplary or consequential losses
or damages of whatsoever kind arising out of your use or access to the
Application, including loss of profit or the like whether or not in the
contemplation of the parties, whether based on breach of contract, tort
(including negligence), product liability or otherwise.
10.2. Smart Apps, LLC is not liable to you for
any damage or alteration to your equipment including but not limited to
computer equipment, handheld device or Clover POS devices as a result of the
installation or use of the Application.
10.3. Nothing in these App terms shall exclude
or limit Smart Apps LLC’s liability for death or personal injury caused by
negligence or for fraud or fraudulent misrepresentation or any other liability
which cannot be excluded or limited under applicable law.
10.4 The materials appearing in the App could include technical, typographical, or photographic errors. Smart Apps, LLC does not warrant that any of the materials in its Software are accurate, complete, or current. Smart Apps, LLC may make changes to the materials contained in its Software at any time without notice. Smart Apps, LLC does not, however, make any commitment to update the materials.