License Agreement & Terms of Service

1. The Services

The Services let restaurants and other merchants (each, a “Merchant”) publish an online ordering experience, receive and manage orders, and connect their Clover account, and let customers place orders with participating Merchants. Orders and the sale of food and beverages are transactions between the customer and the Merchant. We provide the technology that facilitates those transactions; we are not the seller, preparer, or provider of any food or beverage.

2. License grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the companion application and to use the Services for their intended purpose — for Merchants, to operate online ordering for their own business, and for customers, to place orders. All rights not expressly granted are reserved.

3. Accounts and connected services

Some features require connecting a Clover account or creating login credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must provide accurate information and promptly update it as needed. Your use of Clover and other third-party services is also governed by their respective terms.

4. Orders, pricing, and payments

Menu items, availability, pricing, taxes, and fees are set and controlled by the Merchant. Card payments are processed by Clover / Fiserv through their secure, hosted payment fields; we do not store full card details. Order acceptance, preparation, fulfillment, cancellations, and refunds are handled by the Merchant according to the Merchant’s policies. Any dispute about an order should be raised with the Merchant.

5. Acceptable use

You agree not to:

• Use the Services in violation of any law or regulation;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services or related systems;
• Reverse engineer, decompile, or attempt to extract source code except where permitted by law;
• Introduce malware or attempt to probe, scan, or test the vulnerability of the Services;
• Misrepresent your identity or place fraudulent orders;
• Use the Services to infringe the rights of others or to send unlawful or abusive content.

6. Intellectual property

The Services, including all software, design, and content we provide (excluding Merchant content and third-party content), are owned by us or our licensors and are protected by intellectual property laws. Merchant names, logos, and menu content remain the property of the respective Merchant.

7. Third-party services

The Services integrate with third-party services, including Clover / Fiserv for payments and order management. We are not responsible for the availability, accuracy, or practices of third-party services, and your use of them is subject to their own terms and policies.

8. Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

9. Limitation of liability

To the maximum extent permitted by law, in no event will Ivywild Media be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or relating to the Services. Our total liability for any claim relating to the Services will not exceed the greater of the amounts you paid us for the Services in the twelve months before the claim or one hundred U.S. dollars (US$100).

10. Indemnification

You agree to indemnify and hold harmless Ivywild Media and its affiliates from any claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your content, or your violation of these Terms or applicable law.

11. Termination

We may suspend or terminate access to the Services at any time if you violate these Terms or if necessary to protect the Services or other users. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive.

12. Governing law

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. The exclusive venue for any dispute that is not subject to arbitration or small-claims court will be the state or federal courts located in Colorado.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Effective” date above and, where appropriate, provide additional notice. Your continued use of the Services after an update constitutes acceptance of the revised Terms.

14. Contact us

Ivywild Media
Email: Nick@ivywildmedia.com