End User License Agreement

Qualia poslovna rjesenja d.o.o.
Clover Apps
End-user license agreement

Last updated: 2020-08-20 (yyyy-MM-dd)

This is a legal agreement (hereafter „agreement”) between you as Licensee (hereafter “you”, “subscriber”) and Qualia poslovna rjesenja d.o.o. (hereafter “Qualia”) as Licensor.

“Application”, or “App”  refers to Analytics | BusinessQ for Clover App or  Payment Insights | BusinessQ for Clover App or Reports2Mail for Clover App , or Seery App for Clover.

This agreement concerns the BusinessQ apps for Clover software, programs, technologies, documentation and updates (hereafter together „software”, or “app”) made available to you by Qualia. Please read the following terms of use carefully.
By installing and using the software, you agree to be bounded by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the software.

Software Description, Service and Service Term

The Analytics App provides business insights for managers and business owners: „If You Can’t Monitor It, You Can’t Manage It“! Track metrics like Total Payment, Taxes, Refunds, Net Payment, Costs, Discounts, Profit, Revenue Modifiers and Number of orders… on relevant business dimensions like Order, Order Type, Hour, Item, Item Category, Item Label/Tag, SKU, Date, Day in a Week, Employee, Payment Type …, on any device via web browser. App visually presents how your business is doing, shows different time trends, Key Performance Indicators, periods comparisons and more… It helps companies to see otherwise hidden patterns, to spot business problems on time as well as to identify useful opportunities in their business data.

The features and functionality of the Analytics App may be modified from time to time by Qualia in its discretion.

The Service is offered both as a free and a paid service. The paid Service is offered on a month-to-month basis and it automatically renews on a monthly basis.

Termination for Cause

This Agreement may be terminated by you at any time by uninstalling the App. Your termination of this Agreement shall be effective as of the end of the current billing period in which you uninstall the App.

Qualia may terminate this Agreement and/or suspend the provision of the Service immediately for: illegal, fraudulent, excessive or improper use of the Service; if any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid when due; or for breach, not subject to cure.

Confidentiality, Registration and Passwords.

You agree to maintain the confidentiality of any and all of your login credentials. You are responsible for all actions taken with your login credentials and stored information. If you permit another person to have access to your login credentials, we will treat this as if you have authorized such use and you will be liable for all actions taken by those persons. You are wholly responsible for the use of your login credentials as provided in these Terms.

Service Limitations

1. Qualia may alter which devices and browsers are approved as compatible with the Analytics App in its discretion from time-to-time.
2. Qualia may perform maintenance on the Analytics App from time to time which may result in service interruptions, delays, or errors. We will not be liable for any such interruptions, delays, errors, or bugs. You agree that we may contact you in order to assist you with the Analytics App Services and obtain information needed to identify and fix any errors.

Limitations of Liability

BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF ANALYTICS SERVICE DESCRIBED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF QUALIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU AGREE THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, NOT TO EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.

Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUALIA, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER QUALIA NOR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. NEITHER QUALIA NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, QUALIA EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

License and provision of rights

This agreement gives you, your administrators and your employees non-exclusive and non-negotiable right to use the software. You are not eligible for sublicensing. All exceeding rights of the software are with Qualia and are explicitly reserved; in particular possible proprietorship and intellectual property rights.

Restriction of the license

You are not allowed – for whatever reason – to copy, to lend or to rent software. Without limiting the previous regulation, you are not allowed to copy the software, or parts thereof, on a server or on any other platform or distribute by other means. You may not reverse engineer, decompile, or disassemble the software.

Copyright

All title and copyrights in the source code of the software made by Qualia and the accompanying online materials, are owned by the Qualia. The software is protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.

Intellectual property rights

All brands, logos company names and intellectual property rights (hereafter „brands”) which are part of or are associated with the software, are in the sole authority of dispose of Qualia. This agreement gives you no right of use of the brands. All intellectual property rights of the software, in particular of the code, as well as all texts contained therein are property of Qualia. Every non-authorized usage or utilization of the software contained or associated brands will be prosecuted.

Entirety of the agreement

This agreement constitutes together with the above mentioned regulations the whole agreement between you and Qualia in respect to the usage of the software and prevails all earlier agreements or other correspondence about the usage of the software.

Additional Clover Terms

Reasonable advance notice will be provided to current subscribers of an app before Qualia cease making services available through app, Qualia take down an app or remove it from current distribution due to:
(a) an allegation or actual infringement of any intellectual property right or right of publicity or privacy of any third party,
(b) an allegation or actual defamation,
(c) an allegation or determination that an app does not comply with applicable law,
(d) Qualia ceasing to do business, or
(e) Qualia filing a petition in bankruptcy, dissolving or otherwise failing or unable to pay debts as they become due.
An app may be removed at any time from the App Market if it is determined that the app:
(i) may infringe or otherwise violate the intellectual property rights or any other rights of any third party;
(ii) violates any applicable law, regulation, card association rule, or is subject to an injunction;
(iii) 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.
A subscriber may cancel their subscription at any time before the end of the applicable billing cycle, and upon cancellation, the subscriber will:
(i) Not receive a refund for the billing period during which the subscriber cancels its subscription, and
(ii) be able to access its subscription and receive issues and updates of the relevant subscription until the subscription termination date.

If subscriber desire a refund of any App Fees, subscriber must request such refund directly from Qualia.
Clover and its affiliates do not have any responsibility or liability to a subscriber of an app in any way with respect to the subscriber’s use of an app.

Other

Merchant specific data pulled from Clover API is displayed in user interface in tabular form or visualized as graph. And that data can also be accessible from user interface in the form of exported Excel and CSV data files, or image files (for graphs) in various formats.

All responsibility for extracted data from user interface lies on the user who extracted the data. It becomes their responsibility on how they manage exported data. The same applies to automatic emailing reports.

Contact Us

If you have any questions or concerns regarding these Terms or our Apps, contact us on clover@qualia.hr.