End User License Agreement (“Agreement”)
Last updated: September 26, 2018
Please read the terms of this Agreement carefully before installing or using the Application. Your right to use the Application is governed by the terms of the Agreement. By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
INTRODUCTION
This is a legal agreement (the “Agreement”) between you, the end user (“Merchant”), and Ackroo Inc., a Canadian corporation (“Ackroo”) having offices at 62 Steacie Drive, Suite 201, Ottawa, ON K2K 2A9. If you are not the end user of the Application it is your responsibility to ensure the end user is aware of and is willing to fulfil the requirements of this Agreement.
LICENSE
Ackroo licenses to you use of the Application for a) a free trial period for up to 30 days and b) with an official 12 month contract, in which the Merchant agrees to pay to Ackroo the fees associated with the Service, following the end of the free trial period. At the end of the trial, trial users will be required to provide Ackroo with payment information. If not payment information is provided, Ackroo reserves the right to disable the application. Subject to the terms of this Agreement, you have a non-exclusive, limited right to install the Application on your Clover Device that you operate and own. Permitting unauthorized access to, copying or using, the Application is a breach of this Agreement. The number of concurrent users is restricted to the number of employees using the Application on the Clover Device.
UPDATES, UPGRADES AND MODIFICATIONS
Ackroo may update or upgrade the Application but shall not be obliged to supply such updates or upgrades with or without a contract.
Ackroo reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
RESTRICTIONS
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party
- Modify, customize, or create imitative works based on the Application
- Alter, destroy or otherwise remove any proprietary notices or labels on the Application
- Use the Application other than for its intended purposes
- Use the Application in a manner that violates any applicable law
TERM AND TERMINATION
This Agreement shall commence when you accept its terms by selecting the “I Accept” or “Enter” or “Next” button or by using the Application when pre-installed on your Clover Device. Once you have installed the Application, the licence granted in this Agreement shall continue until the following scenarios a) the end of the trial period; b) terminated by you before the end of the trial period; c) terminated by Ackroo before the end of the trial period or; d) if you continue with Ackroo on an official 12 month contract, indefinitely until terminated by you or Ackroo.
You may terminate this License Agreement by destroying and uninstalling the Ackroo application from your Clover Device and the License Agreement will become null and void. Any Agreement with Ackroo directly will not be null and void by uninstalling the application. This Agreement, and any and all rights provided to you in connection with the Application, shall automatically terminate if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, you shall cease using and shall destroy the Application.
The License will also terminate without further action or notice by Ackroo if you become bankrupt, go into liquidation, suffer or make any winding up petition, make any arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.
OWNERSHIP AND INTELLECTUAL PROPERTY
All rights, titles, and interest in the Application and all patents, trademarks, copyrights and all other intellectual property and other proprietary right applicable, shall at all times remain solely and exclusively with Ackroo and its licensors. You shall not, nor permit any third party to, take any action inconsistent with such right, title, and interest.
Unauthorized reproduction of the Application is strictly prohibited and may subject you to civil and/or criminal penalties. All right title and interest in and to the content using this Application belongs to and is governed under the terms and conditions expressed by Ackroo.
TRIAL VERSION
Functions of the trial version of this Application will cease to operate after the trial period expires.
The Application will be fully usable again once an official 12 month contract has been signed and associated fees are paid with Ackroo, for continued use of the Ackroo Application on the Clover Device.
If you are downloading or using the trial version of the Software on behalf of any organization, company or other entity, you represent and warrant that you have full authority to enter into this License on behalf of such entity. All references to “you” shall apply.
DISCLAIMER OF WARRANTY
The Application is provided “as is”. Ackroo and Clover does not warrant that the Application will meet your requirements or that its operation will be uninterrupted or error-free.
CONFIDENTIALITY
You acknowledge and agree that the Application may contain confidential information. You agree to maintain and protect such confidential information and not to disclose without express authorization of Ackroo.
DATA COLLECTION
Use of this Application requires the creation of an Ackroo Anywhere Program account or the transferring of a current Ackroo Anywhere Program account. The creation of a new account requires the transfer of personally identifiable information to Ackroo. This information will be used to communicate with you to validate your Ackroo account and for general communication purposes not limited to your use of this Application. All data collected is subject to Ackroo’s Privacy Policy which is available at www.ackroo.com/clover/privacy-policy.
SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
AMENDMENTS TO THIS AGREEMENT
Ackroo reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Information
If you have any questions about this Agreement, please contact us at support@ackroo.com.
