End User License Agreement

This End User License Agreement ("EULA") is a legal agreement between Shipkasoft LLC, doing business as NomioHub ("NomioHub"), and the person or entity accessing or using NomioHub's web, mobile, register, kiosk, kitchen display, and related software, documentation, and updates (collectively, the "Software").

By installing, accessing, or using the Software, or by clicking to accept this EULA, you confirm that you have read and agree to it. If you use the Software for a business or other organization, you represent that you have authority to bind that organization, and "you" includes that organization. If you do not agree, do not use the Software.

Subject to this EULA and any applicable order form, merchant agreement, or subscription terms, NomioHub grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software during the applicable service term solely for your internal business operations.

You may permit your employees and contractors to use the Software on your behalf if they are authorized users, use it only for your business, and comply with this EULA. You are responsible for their use of the Software.

You must provide accurate account information, keep login credentials confidential, and promptly notify NomioHub if you suspect unauthorized access. You are responsible for activity under your account except to the extent caused by NomioHub's failure to use reasonable safeguards.

You may use the Software only with devices, locations, accounts, payment services, and integrations that you are authorized to use. You are responsible for maintaining compatible equipment, internet access, and third-party services required for operation.

Except where applicable law expressly permits it despite these restrictions, you may not copy, modify, translate, distribute, sell, lease, sublicense, publicly display, or create derivative works from the Software; reverse engineer, decompile, disassemble, or attempt to discover its source code or non-public interfaces; remove proprietary notices; bypass security or usage controls; access the Software to build or benchmark a competing product; or allow unauthorized third parties to use it.

You may not use the Software in a way that is unlawful, fraudulent, infringing, harmful, or disruptive, or that compromises the security, availability, or integrity of the Software or another person's systems or data.

The Software is licensed, not sold. NomioHub and its licensors retain all right, title, and interest in and to the Software, including its code, design, documentation, trademarks, and all related intellectual property rights. No rights are granted except those expressly stated in this EULA.

If you provide suggestions or feedback, you grant NomioHub a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or obligation to you.

You retain your rights in the business information, menu data, content, and other data you submit to the Software. You grant NomioHub the rights reasonably necessary to host, process, transmit, display, and otherwise use that data to provide, secure, support, and improve the Software.

You represent that you have the rights and permissions needed to provide that data and instruct NomioHub to process it. Personal information is handled as described in the NomioHub Privacy Policy.

NomioHub may provide patches, upgrades, new versions, or other updates to the Software. Updates may install automatically where supported and may add, change, or remove features. This EULA applies to updates unless separate terms accompany them.

NomioHub may modify or discontinue parts of the Software from time to time. Any material effect on paid services remains subject to the applicable written commercial agreement.

The Software may interoperate with third-party products and services, including Clover, payment processing, hardware, communications, delivery, analytics, and other integrations. Third-party products and services are governed by their own terms and are not licensed under this EULA.

The Software may include open-source or other third-party components. Those components may be governed by separate license terms, and the applicable third-party terms will control if they conflict with this EULA with respect to that component.

Fees, service periods, hardware, payment processing, support levels, and other commercial terms are governed by the applicable order form, merchant agreement, or other written agreement. Unless that agreement expressly states otherwise, this EULA does not grant a right to use the Software after the applicable service term ends.

Non-public features, documentation, security information, and other information identified as confidential or that reasonably should be understood as confidential must be protected using reasonable care and used only as necessary to exercise rights under this EULA. This obligation does not apply to information that is public through no breach, already lawfully known without restriction, independently developed, or lawfully received from another source.

This EULA remains effective while you are authorized to use the Software. NomioHub may suspend or terminate access if you materially breach this EULA, use the Software unlawfully, create a security or operational risk, fail to pay applicable amounts, or if required by law or a third-party service provider on which the Software depends.

When this EULA or your right to use the Software ends, you must stop using the Software and delete any copies in your possession or control. Provisions that by their nature should survive will survive, including ownership, confidentiality, disclaimers, limitations of liability, and general terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." NOMIOHUB DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

NomioHub does not warrant that the Software will be uninterrupted, error-free, completely secure, or compatible with every device or third-party service. Nothing in this EULA excludes a warranty or right that cannot lawfully be excluded.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOMIOHUB AND ITS LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS EULA, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

NomioHub's aggregate liability arising out of or related to the Software or this EULA will not exceed the greater of the amount you paid NomioHub for the Software during the 12 months before the event giving rise to the claim or one hundred U.S. dollars (US $100). These limitations do not apply to liability that cannot be limited under applicable law, and any applicable written agreement may provide different limitations that control.

You must comply with applicable laws when using the Software, including export control and sanctions laws. You may not use or make the Software available where doing so would cause NomioHub or you to violate applicable law.

This EULA, the NomioHub Terms & Conditions, and any applicable order form or merchant agreement form the agreement governing your use of the Software. If they conflict, the order form or merchant agreement controls for its specific commercial terms, this EULA controls for the license to the Software, and the Terms & Conditions control for the broader services, unless a document expressly states otherwise.

Unless an applicable signed agreement expressly provides otherwise, this EULA is governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. Subject to applicable law, any legal action arising out of or relating to this EULA must be brought in the state or federal courts located in Georgia, and each party consents to the jurisdiction of those courts.

You may not assign or transfer this EULA without NomioHub's prior written consent. NomioHub may assign it as part of a merger, acquisition, corporate reorganization, or sale of assets. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver.

This EULA may be updated from time to time. The updated version will be posted on this page with a revised last updated date. If a change materially affects your rights, NomioHub will provide notice as required by applicable law or agreement.