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Last updated: August 6, 2017

This is a legal agreement (hereafter “agreement”) between you, the business accepting payments through a Clover hardware device, as Licensee (hereafter “you”, “subscriber”) and POS Business Solutions as Licensor.This agreement concerns the Chargeback Fighter software, programs, technologies, documentation and updates (hereafter together “software”, or “app”) made available to you by POS Business Solutions.The installation of the Chargeback Fighter app by you represents your agreement to be bound by the terms of this End User License Agreement (hereafter “EULA”). Please read the following terms of use carefully. If you do not agree to the terms of this EULA, do not install or use the app or service.You represent and warrant that you (a) have the right and authority to bind your business to these Terms, (b) authorize POS Business Solutions to rely on any instructions provided by or agreements entered into with any persons to whom you grant permission to access and use the Clover App Market, and (c) you are not barred or otherwise legally prohibited from accessing or using the Clover App Market.

Since this app, software and service may capture images through the hardware device of merchant device users, customers, employees, managers, owners, visitors and people nearby, you represent and warrant that you understand, and will follow all applicable privacy and data collection laws and regulations (including, but not limited to, any notice or consent requirements) regarding the use of this app in your business legal jurisdiction, city, county, state and country.You verify that you are allowed to collect this type of information and to use the app in your type of business in your legal jurisdiction, city, county, state, and country, and that all notice and consent requirements are met before installing and using the App.This may include but is not limited to posting of signs in visible locations, notifying and collecting all required consent from any and all employees, customers and users of any hardware device on which the app is used, and people who may be nearby devices being used, that their pictures may be taken, before allowing the device to be used if the Chargeback Fighter app is installed.Since laws regarding capturing still or video images vary greatly based on your business type, business location, or locations where your business activities may take any hardware device on which the app is used (for example using your hardware device at trade shows, mobile venues like food trucks or traveling salespeople, or delivering products to private homes or businesses), it is your full responsibility to ensure you understand and follow all the laws relevant to you.If the laws regarding your business type, business location or locations, or the locations where your business activities take any hardware device on which the app is used, make following all laws relevant to taking pictures difficult or impossible, then you must not install or use this app and service.It is your responsibility to regularly monitor the laws in your legal jurisdiction (city, county, state and country) relevant to taking pictures at your business locations and relevant to your business activities.If Merchant becomes aware of any change in the laws affecting their type of business or in their legal jurisdiction, city, county, state, or country, that would make use of the App unlawful, the Merchant is responsible for immediately uninstalling the App from their account in order to discontinue its use.

The Chargeback Fighter app captures pictures (still images) through the camera or cameras of the hardware device or devices on which the app is used around the time of a successful payment transaction.The Chargeback Fighter app then either:

1. Sends the picture or pictures along with relevant payment transaction information to the merchant owner. The Chargeback Fighter app will then delete the pictures taken related to that transaction on the device.
2. Stores the picture or pictures along with relevant file identifiers in a Cloud Storage Service (for example Google Cloud Storage https://cloud.google.com/customers/ ) and sends relevant payment transaction information along with photo file identifiers to the Clover merchant owner. The Chargeback Fighter app will store the pictures taken related to that transaction on the device for no less than 150 days after the date of the transaction. After 150 days after the date of transaction, the Chargeback Fighter app may delete the photo files off the Cloud Storage Service. If a merchant wishes to keep transaction photos for longer than 150 days, they must download these files off the Cloud Storage Service within 150 days after the date of the corresponding transaction.

If the merchant owner email box is full and rejects or “bounces” incoming emails from the Chargeback Fighter app or the email is undeliverable for any other reason, those emails and the content therein will be permanently lost and can not be recovered or resent from the Chargeback Fighter app or the POS Business Solution service.The Clover merchant owner may then use picture or pictures taken through the app, along with other relevant payment transaction information, to attempt to dispute any chargeback activities initiated by customers.POS Business Solutions and use of the Chargeback Fighter app does not and cannot guarantee that any chargeback dispute will be successfully decided in favor of the merchant.The Chargeback Fighter app only collects information after a successful payment transaction, which the merchant may choose to use in any chargeback dispute.The merchant understands that there is no guarantee that the person making the transaction will be in front of the camera at the precise time any photos are taken, or that the lighting will be sufficient to see and clearly identify the person, or that the picture may be blurry due to movement of the person or the hardware device on which the app is used.The merchant understands that the camera on the hardware device may be covered or blocked by a person’s finger, or any other physical item, person or object, and in these cases, the app may not produce any pictures of value to the merchant in regards to fighting a chargeback action.The merchant understands that they must not cover up the front facing camera on any hardware device on which the app is used, with stickers, device holders, or block the view of the camera when using the app in order to gain the value of using the app.It is the full responsibility of the merchant to complete any and all work regarding disputing any chargeback action including filling out any paperwork, providing additional documentation, including downloading and printing out the transaction information and photo files from their email or Cloud Storage Service relevant to the chargeback action including downloading, printing out or sending digitally, any photos produced by the Chargeback Fighter app.The features and functionality of the Chargeback Fighter App may be modified from time to time by POS Business Solutions in its discretion.The Service may be 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.

If Merchant customers and device users do not wish to have their picture taken via the App, the Merchant must offer alternatives including:

1. Using a different payment type type like Cash or other non-card based payment type which will result in the App not taking their picture.
2. Instructing the customer or device user how to cover up the camera on the hardware device on which the app is used, using their finger or other object for the duration of the transaction.

If the App is installed, the Merchant is responsible for not using the hardware device on which the app is used, in places where customers, device users, employees and people nearby have an expectation of privacy including places like changing rooms, bathrooms, and locker rooms.It is the responsibility of the Merchant to make their employees aware that the App is running on the devices and regularly training them how to use the devices only in appropriate areas and circumstances.

We will keep a count of emails sent to each merchant over various time periods.The count of emails sent over various time periods may be displayed in the App or used in emails and other marketing materials sent to the merchant who is using the App or has previously used the App.The count of emails may be used for our App management purposes including subscription management, performance and App health monitoring.The count of emails sent may be used in print and digital publications, marketing materials, press releases, and analytics.If the count of emails sent information will be used outside of App, or emails to the merchant using the app, such email counts will always be used without specific Merchant identifying information, or will be used in aggregated form.We may use email tracking software, services and technologies to track email delivery rates and email open rates.

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.POS Business Solutions 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.

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.

1. POS Business Solutions may perform maintenance on the Chargeback Fighter 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 Chargeback Fighter App Services and obtain information needed to identify and fix any errors.
2. POS Business Solutions can not guarantee that emails sent through the Chargeback Fighter app and service will be successfully delivered to the merchant including but not limited to the following reasons:
   1. SPAM filters at Internet service provider, email service provider, business filtering software or at the individual account level.
   2. Internet service provider outages.
   3. Not enough available space in target email account.
   4. Outdated, mistyped or incorrect email address provided in account and or app.
   5. If email account of merchant employee or other person is used as merchant owner email, and such account becomes inaccessible due to a forgotten password, or separation of such employee from merchant.
3. Since all photos are immediately deleted off the Clover device after sending to merchant owner or saved to a Cloud Storage Service, POS Business Solutions and the Chargeback Fighter app can not and will not be able to resend any photos taken or resend any emails sent in case of any of above listed or other reasons.

BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE APP AND SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF THE CHARGEBACK FIGHTER APP AND 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 POS BUSINESS SOLUTIONS 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.

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, POS BUSINESS SOLUTIONS, 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 POS BUSINESS SOLUTIONS 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 POS BUSINESS SOLUTIONS 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, POS BUSINESS SOLUTIONS EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

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 POS Business Solutions and are explicitly reserved; in particular possible proprietorship and intellectual property rights.

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.

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

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 POS Business Solutions. 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 POS Business Solutions. Every non-authorized usage or utilization of the software contained or associated brands will be prosecuted.

This agreement constitutes together with the above mentioned regulations the whole agreement between you and POS Business Solutions in respect to the usage of the app, software and service and supersedes all earlier agreements or other correspondence about the usage of the software.

Clover or any of its affiliates are not (a) a party to this EULA; or (b) the licensor or provider of the Chargeback Fighter app; and/or (c) liable to any person/entity in any way with respect to that person/entity’s use of the Chargeback Fighter app.Reasonable advance notice will be provided to current subscribers of the Chargeback Fighter app before POS Business Solutions ceases making the app or service available, POS Business Solutions takes down the app or removes it from current distribution due to:(a) an allegation or actual infringement of any intellectual property rights 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) POS Business Solutions ceasing to do business, or(e) POS Business Solutions 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 Agreement;(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. Upon cancellation, the subscriber will:(i) Not be able to access its subscription nor receive updates of the relevant subscription after subscription termination.

If subscriber desires a refund of any app fees, subscriber must request such refund directly from POS Business Solutions.

If you have any questions or concerns regarding this EULA or the Chargeback Fighter app, contact us at info@posbusinesssolutions.com