Last Updated: February 2025
This End-User License Agreement ("Agreement") is entered into by and between the business or individual accepting this Agreement ("you" or "Licensee") and Tangerine Express LLC, a limited liability company organized and existing under the laws of the State of Delaware, with its principal place of business at 8 The Green, Suite A Dover, Delaware 19901 USA ("Developer"). This Agreement governs your access to and use of the QuepedimosPOS software and related services (collectively, "the Application"). By clicking "Accept" or by accessing, using, or subscribing to the Application, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, you must click "Decline" and refrain from using the Application.
1.1 Subject to the terms and conditions of this Agreement, Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Application solely for your internal business operations. This access is provided under a Software as a Service (SaaS) subscription model, which requires no local installation.
1.2 This Agreement does not grant you any rights to distribute, rent, lease, sublicense, sell, modify, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application.
1.3 The Application may update automatically, and you acknowledge that continued use may require the acceptance of such updates. The developer reserves the right to discontinue or modify the Application at its sole discretion.
1.4 The Application integrates with Clover’s point-of-sale (POS) system and utilizes Clover’s APIs for payment processing and data management. By using the Application, you agree to be bound by Clover’s API Terms of Service and any additional limitations imposed by Clover regarding the use of its platform and services. You acknowledge that any changes to Clover’s platform may impact the functionality of the Application.
2.1 QuepedimosPOS is an advanced omnichannel point-of-sale (POS) system designed for businesses operating in the food service and retail industries. The Application includes features such as billing and invoicing, delivery management, e-commerce modules, kitchen display system (KDS) integration, and self-service kiosks.
2.2 The Application facilitates efficient order and operations management, improving workflow automation, inventory tracking, and customer engagement. Access to the Application is provided via cloud-based credentials and does not require a local installation. The Application integrates with Clover’s POS system for payment processing and order management.
3.1 You agree to pay the Developer a recurring subscription fee for the use of the Application, as specified in your selected plan. Fees will be automatically charged through the payment method you have provided.
3.2 You are responsible for all applicable federal, state, and local taxes associated with the purchase and use of the Application, excluding any taxes based solely on the Developer's net income.
3.3 Failure to make timely payments may result in the suspension or termination of your access to the Application. The developer reserves the right to impose late fees and recover collection costs as permitted by applicable law.
3.4 Payments made through the Application are processed via Clover’s payment platform. You acknowledge that Clover’s terms and conditions regarding payment processing, including fees, chargebacks, and fraud prevention, apply to all transactions.
4.1 This Agreement commences upon your acceptance and remains in effect on a month-to-month basis under the SaaS subscription model, until terminated by either party.
4.2 Developers may terminate this Agreement immediately and without prior notice if you violate any provisions of this Agreement, engage in fraudulent or illegal activities, or fail to comply with payment obligations.
4.3 You may terminate this Agreement by providing written notice to the Developer. Termination will be effective at the end of the current billing cycle. No refunds will be issued for prepaid fees.
4.4 Upon termination, you will have the option to export your data before it is permanently deleted from the system. The developer is not responsible for any data loss after termination.
5.1 Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the term of this Agreement.
5.2 Developers will process and store customer data in compliance with applicable privacy and data protection laws, including but not limited to SOC 2, PCI-DSS, and GDPR, as applicable. Developers will make reasonable efforts to protect the confidentiality and security of data.
5.3 You are responsible for ensuring the accuracy, legality, and integrity of the data you provide to the Application. The developer is not responsible for any inaccuracies or omissions in the data entered by you or your users.
5.4 You acknowledge that your data may be processed through Clover’s systems when making transactions or using their services. Clover’s data protection policies and security measures will apply to your data in accordance with their terms.
6.1 You must register an account to access and use the Application. You agree to provide accurate and up-to-date information during the registration process.
6.2 You are solely responsible for maintaining the security of your account credentials. The developer is not liable for any unauthorized access or use of your account.
6.3 In the event of a security breach, you must immediately notify the Developer in writing.
6.4 You agree to comply with all security measures and best practices set forth by Clover when using their POS system and payment processing services.
7.1 THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
7.2 Developer does not warrant that the Application will meet your specific business needs or operate without interruptions or errors. You acknowledge that Clover’s platform may be subject to changes, and those changes may affect the functionality of the Application.
7.3 Developer provides no guarantees for the availability of the Application except as specified in the Service Level Agreement (SLA) associated with your subscription.
8.1 You agree to indemnify, defend, and hold harmless the Developer, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising from your use or misuse of the Application or breach of this Agreement.
8.2 You further agree to indemnify Clover for any claims arising from your use of their platform, payment processing services, or related integrations.
9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APPLICATION.
9.2 DEVELOPER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO DEVELOPER IN THE THREE (3) MONTHS PRIOR TO THE CLAIM.
10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
10.2 Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in Delaware, and the parties hereby consent to the personal jurisdiction of such courts.
For any inquiries or notifications related to this Agreement, you may contact Developer at:
Tangerine Express LLC
Developer of QuepedimosPOS
Address: 8 The Green, Suite A Dover, Delaware 19901 USA
Email: info@quepedimospos.com Phone: 1 (645) 220-6845