Goodfynd Monthly POS Paid Software License Agreement
Agreement Overview:
This Contract outlines the terms and conditions under which Provider agrees to grant Customer access to its Software as a Service platform ("Platform") for payment management and enterprise food management, hereinafter referred to as the "Service."
1. Services Provided:
Provider agrees to provide the following services ("Services"):
Access to the full suite operating system for managing payment systems, including all updates, features, and functionalities released during the term of this Contract.
User licenses for designated seats within Institution, allowing authorized users to access and utilize the Platform.
Technical support during business hours 9a - 5p EST Monday to Friday and closed on national holidays.
Maintenance and security updates to ensure the optimal performance and security of the Platform.
2. Subscription Term:
The initial term of this Contract shall commence on the Effective Date and shall continue for a period of twelve (12) months, charged monthly Month To Month ("Initial Term").
Upon expiration of the Initial Term, this Contract shall automatically renew for successive twelve (12) months terms charged monthly Month To Month ("Renewal Term(s)") unless terminated by either party in writing at least thirty (30) days prior to the expiration of the then-current term.
3. User License and Fees:
In consideration for the Services provided herein, Institution shall pay Provider a monthly subscription fee ("Subscription Fee") based on the number of user licenses required.
The Subscription Fee per user license shall be as agreed upon between the parties and specified in Exhibit A attached hereto.
4. Payment Terms:
All payments of $20.00 shall be made in USD and are due at point of purchase and paid on a monthly basis thereafter.
Failure to pay any invoiced amount within the specified timeframe may result in suspension or termination of access to the Platform.
Provider reserves the right to suspend access to the Platform in the event of late payment until all outstanding amounts are settled. A full refund grace period of 24 hours from point of purchase exists for all subscribers.
5. Intellectual Property Rights:
Provider retains all intellectual property rights in and to the Platform, including but not limited to proprietary software, algorithms, and documentation.
Customer acknowledges that it is granted a limited, non-exclusive right to use the Platform solely for its internal business purposes and that no ownership rights are transferred under this Contract.
6. Confidentiality:
Both parties agree to keep confidential all proprietary and sensitive information disclosed during the term of this Contract, including but not limited to proprietary information, technical data, and trade secrets.
7. Limitation of Liability:
In no event shall either party be liable to the other for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, arising out of or in connection with this Contract.
8. Termination:
Either party may terminate this Contract upon written notice if the other party breaches any material terms of this Contract including payment and fails to cure such breach within thirty (30) days of receiving written notice thereof.
9. Governing Law:
This Contract shall be governed by and construed in accordance with the laws of [Virginia], without regard to its conflict of laws principles.
10. Entire Agreement:
This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to such subject matter.
