End User Licensing Agreement
END USER LICENSE AGREEMENT
This End User License Agreement ("Agreement") is a legal agreement between you ("End User" or "you") and Sidecar Data Solutions LLC ( "we," or "us") regarding the use of our data analytics products and services that analyze sales reports from Clover and Square platforms (the "Services"). By accessing or using the Services, you agree to be bound by the terms of this Agreement.
- LICENSE GRANT
- Subject to the terms of this Agreement, Sidecar Data Solutions LLC grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your internal business purposes.
- You may not sublicense, resell, distribute, or otherwise make the Services available to any third party without prior written consent from Sidecar Data Solutions LLC.
- RESTRICTIONS
- You shall not:
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services;
- Modify, adapt, or create derivative works based on the Services;
- Use the Services in a way that violates applicable laws or regulations;
- Use the Services to infringe upon the rights of any third party, including intellectual property and privacy rights.
- DATA ACCESS AND PRIVACY
- The Services require access to sales reports from the Clover platform. By using the Services, you authorize Sidecar Data Solutions LLC to access and process your sales data as necessary to provide analytics.
- Sidecar Data Solutions LLC will handle your data in accordance with our Privacy Policy and Data Handling Agreement documentation.
- You are responsible for ensuring that you have the necessary rights and consents to allow us to access and analyze your sales data.
- INTELLECTUAL PROPERTY
- The Services, including but not limited to software, algorithms, reports, and related documentation, are owned by Sidecar Data Solutions LLC or its licensors and are protected by intellectual property laws.
- This Agreement does not grant you any rights to Sidecar Data Solutions LLC’s trademarks, logos, or other proprietary materials.
- DISCLAIMER OF WARRANTIES
- The services are provided "as is" without a warranty of any kind. Sidecar Data Solutions LLC disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Sidecar Data Solutions LLC does not guarantee that the services will be error-free or uninterrupted.
- LIMITATION OF LIABILITY
- To the maximum extent permitted by law, Sidecar Data Solutions LLC shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or related to this agreement, even if advised of the possibility of such damages.
- Sidecar Data Solutions LLC’s total liability under this agreement shall not exceed the amount paid by you for the services in the twelve (12) months preceding the event giving rise to the claim.
- Sidecar Data Solutions LLC is not liable for the resulting effect of their reporting, that liability is solely on the client and their implementation.
- TERMINATION
- This Agreement remains in effect until terminated by either party. There will be no refund of the subscription cost if the Service is terminated by the End User.
- Sidecar Data Solutions LLC may terminate this Agreement immediately if you breach any term herein. Upon termination, you must cease using the Services and delete all related materials.
- Either party may terminate this SOW with 7 days' written notice. Fees for work completed up to the termination date will remain payable.
- GENERAL PROVISIONS
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Ohio.
- Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings.
- Amendments: Sidecar Data Solutions LLC reserves the right to update this Agreement at any time. Continued use of the Services after an update constitutes acceptance of the revised Agreement.
- Severability: If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
- CONTACT INFORMATION
If you have any questions about this Agreement, please contact us at support@sidecardatasolutions.com.
By signing the SOW and using the Services, you acknowledge that you have read, understood, and agreed to this End User License Agreement.