Tikketfy End User License Agreement
This End-User License Agreement (“Agreement”) is between the business or individual accepting this Agreement (“you”) and Tikketfy LLC (“Developer” or “App Provider”). This Agreement is solely between you and Developer and governs your use of Developer’s software application and the corresponding services it provides (together, along with associated documentation, proprietary, or intellectual property, the “App”).
Please review this Agreement carefully. You agree to be bound by its terms when you click “Accept” or otherwise download, install, copy, or use the App, and must accept this Agreement before doing so. If you do not agree, you must click “Decline” and must not download, install, copy, or use the App.
1. The App
1.1 Functionality
The App provides ticketing, event sales, admissions, access control, and attendee check-in functionality through the Clover Point of Sale platform, including but not limited to: selling and delivering tickets; managing events, seating, and orders; scanning QR codes or barcodes; validating entry and re-entry; generating receipts and reports; tracking attendance; enabling refunds, exchanges, and disputes; and providing merchant analytics and operational tools.
1.2 License Grant and Restrictions
Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to use the App solely for your internal business purposes. You will not distribute, lease, rent, host, sublicense, transfer, sell, export, modify, reverse engineer, decompile, copy, benchmark, create derivative works from, or attempt to derive source code from the App.
This license does not grant any rights to Developer’s (or any third party’s) trademarks, service marks, logos, trade dress, proprietary, or other intellectual property except as necessary to use the App as intended. Developer reserves all rights not expressly granted. You must preserve and display any proprietary notices, markings, or branding associated with the App.
1.3 Updates and Availability
The App may update automatically. You may be required to accept updates to continue using it. Developer may perform maintenance that results in service interruptions. Older versions may not be supported. You are responsible for all equipment and services (e.g., internet access) required to use the App.
2. Fees
If applicable, you will pay the Developer a monthly fee for use of the App, collected through the payment method selected during setup. You are responsible for all applicable taxes (excluding taxes on Developer’s income). Billing errors must be reported within 120 days, after which you release Developer from liability related to those errors.
3. Term
This Agreement begins when you accept or use the App and continues month-to-month until terminated (“Term”).
4. Suspension and Termination
4.1 By Developer
Developer may suspend or terminate your access if:
(1) you violate this Agreement;
(2) your use may damage Developer’s reputation or intellectual property;
(3) Developer’s third-party relationships are suspended or terminated;
(4) you exceed reasonable usage;
(5) you experience bankruptcy or insolvency; or
(6) you use the App for fraudulent, illegal, unauthorized purposes, or willful misconduct (including ticket fraud, duplicate entry, or misuse of access privileges).
4.2 By You
You may terminate at any time by giving notice. Termination is effective at the end of the current billing period. No refunds will be issued for the period in which you terminate.
5. Confidentiality, Data, and Ideas
5.1 Confidential Information
Neither party will disclose the other’s non-public business information (“Confidential Information”), except as permitted. Confidential Information excludes information that is public, previously known, independently developed, or lawfully received from a third party. Each party will use reasonable safeguards to protect Confidential Information.
5.2 Permitted Disclosures
Confidential Information may be disclosed to personnel who need to know it to perform obligations, in response to legal process, or as required by law.
5.3 Data Use
Developer may use data obtained through the App to provide services, for research and development, or in aggregated and anonymized form, subject to applicable laws. Information Developer collects about you or your customers is governed by Developer’s Privacy Policy.
5.4 Ideas
Any suggestions or feedback (“Ideas”) you submit are non-confidential, unrestricted, and may be used by Developer without obligation or compensation.
6. Account
You must register an account to use the App and provide accurate information. You are responsible for safeguarding credentials and for all activity under your account. Notify Developer of any security breach. You are responsible for backing up and maintaining the accuracy of content associated with your account (including transaction, ticketing, and attendance data).
7. Risk Allocation
7.1 No Warranties
The App is provided “as-is” and “as-available.” Developer disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, security, and uninterrupted operation.
7.2 Indemnification
You will indemnify Developer and its affiliates against third-party claims arising from your use or misuse of the App or breach of this Agreement.
7.3 Limitation of Liability
Developer will not be liable for lost profits, revenues, or indirect, incidental, special, or consequential damages.
7.4 Liability Cap
Developer’s total liability will not exceed the fees paid by you during the three (3) months preceding the event giving rise to the claim.
8. Communications
You authorize Developer to contact you electronically or otherwise using the information you provide (email, phone, text, etc.). You are responsible for any charges imposed by your communications provider.
9. Compliance with Privacy Laws
Developer makes the following commitments:
9.1 Developer will process Customer Data and Personal Information only on behalf of Customer and as a Service Provider, solely to perform obligations under this Agreement, and will not sell such information.
9.2 Developer will not use or disclose data for its own commercial purposes or in violation of applicable privacy laws.
9.3 Data collection, use, retention, and disclosure will be limited to what is reasonably necessary to provide the services.
10. Data Subject Rights – Assistance
10.1 Developer will reasonably assist Customer with responding to data subject requests under applicable privacy laws.
10.2 If Developer receives a data subject request, it will direct the individual to Customer and assist Customer upon request.
10.3 Developer will promptly notify Customer of any privacy-related complaint or notice related to the Services.
11. General
11.1 Authority
You represent that you have authority to enter into this Agreement.
11.2 Modifications
Developer may modify this Agreement with notice. Continued use constitutes acceptance.
11.3 Compliance with Laws
Each party will comply with applicable laws. You will not use the App to store or transmit unlawful, harmful, or infringing content or malicious code.
11.4 Governing Law and Venue
This Agreement is governed by the laws of the State of New York. Venue is Suffolk County, New York. Both parties waive the right to a jury trial.
11.5 Entire Agreement
This is the entire agreement and supersedes all prior agreements. Invalid provisions will be severed. No waiver is implied by delay. The parties are independent contractors.
11.6 Assignment
You may not assign this Agreement without Developer’s consent. Developer may assign without notice.
11.7 Contact Information
You may contact Developer at:
Tikketfy LLC
429 Castleford Dr
Winterville, NC 28590
United States
Phone: 1-877-425-5849
Email: Info@tikketfy.com