# TERMS OF SERVICE – NOOGA TECH CHECK-IN APP
Last Updated: January 15, 2025
## 1. ACCEPTANCE OF TERMS
By using the Nooga Tech Check-In application (the “App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.
## 2. DESCRIPTION OF SERVICE
The Nooga Tech Check-In App is a point-of-sale integration that allows merchants to:
– Process customer check-ins for business activities
– Manage customer data and waivers
– Process payments through Clover integration
– Generate reports and analytics
– Track activity participation and timing
## 3. USER ACCOUNTS AND REGISTRATION
### 3.1 Account Creation
To use the App, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials.
### 3.2 Authorized Users
Only authorized employees and representatives of the merchant may use the App. You are responsible for all activities that occur under your account.
### 3.3 Account Security
You must immediately notify us of any unauthorized use of your account or any other breach of security.
## 4. ACCEPTABLE USE
### 4.1 Permitted Use
You may use the App only for lawful business purposes in connection with your business operations.
### 4.2 Prohibited Activities
You may not:
– Use the App for any illegal or unauthorized purpose
– Interfere with or disrupt the App’s functionality
– Attempt to gain unauthorized access to our systems
– Copy, modify, or distribute the App without permission
– Use the App to process fraudulent transactions
– Violate any applicable laws or regulations
## 5. PAYMENT PROCESSING
### 5.1 Clover Integration
Payment processing is handled through Clover’s systems. You must comply with Clover’s terms of service and payment processing requirements.
### 5.2 Transaction Fees
You are responsible for all fees associated with payment processing, including Clover’s transaction fees.
### 5.3 Chargebacks and Disputes
You are responsible for handling customer disputes and chargebacks in accordance with applicable payment network rules.
## 6. DATA AND PRIVACY
### 6.1 Customer Data
You are responsible for obtaining proper consent from customers for data collection and processing.
### 6.2 Compliance
You must comply with all applicable data protection laws, including PCI DSS requirements for payment data.
### 6.3 Data Security
You must implement appropriate security measures to protect customer data and payment information.
## 7. INTELLECTUAL PROPERTY
### 7.1 Our Rights
The App and all related intellectual property rights are owned by Nooga Tech. You receive only a limited license to use the App as described in these Terms.
### 7.2 Your Content
You retain ownership of your business data, but grant us a license to process and store such data as necessary to provide the service.
## 8. SERVICE AVAILABILITY
### 8.1 Uptime
While we strive for maximum uptime, we do not guarantee uninterrupted service availability.
### 8.2 Maintenance
We may perform scheduled maintenance that temporarily interrupts service. We will provide reasonable notice when possible.
### 8.3 Third-Party Dependencies
The App relies on third-party services (including Clover). We are not responsible for third-party service interruptions.
## 9. LIMITATION OF LIABILITY
### 9.1 Disclaimer
THE APP IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
### 9.2 Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
### 9.3 Maximum Liability
Our total liability to you shall not exceed the amount you paid for the service in the 12 months preceding the claim.
## 10. INDEMNIFICATION
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
– Your use of the App
– Your violation of these Terms
– Your violation of any third-party rights
– Your processing of customer data
## 11. TERMINATION
### 11.1 Termination by You
You may terminate your account at any time by providing written notice.
### 11.2 Termination by Us
We may terminate your access immediately for violation of these Terms or for any other reason with 30 days’ notice.
### 11.3 Effect of Termination
Upon termination, your right to use the App ceases immediately. We will provide reasonable access to export your data.
## 12. MODIFICATIONS
We may modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the modified Terms.
## 13. GOVERNING LAW AND DISPUTES
### 13.1 Governing Law
These Terms are governed by the laws of the State of Tennessee, without regard to conflict of law principles.
### 13.2 Dispute Resolution
Any disputes shall be resolved through binding arbitration in Chattanooga, Tennessee, except for claims seeking injunctive relief.
### 13.3 Class Action Waiver
You waive any right to participate in class action lawsuits against us.
## 14. MISCELLANEOUS
### 14.1 Entire Agreement
These Terms constitute the entire agreement between you and us regarding the App.
### 14.2 Severability
If any provision of these Terms is found invalid, the remaining provisions shall remain in effect.
### 14.3 Assignment
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
## 15. CONTACT INFORMATION
For questions about these Terms, contact us at:
Nooga Tech
Email: [email protected]
Phone: (423) 644-2424
## 16. CLOVER-SPECIFIC TERMS
### 16.1 Clover Compliance
You acknowledge that this App integrates with Clover and you must comply with all Clover terms of service and requirements.
### 16.2 Payment Data
All payment data is processed through Clover’s secure systems. We do not store complete payment card information.
### 16.3 API Usage
Use of Clover’s API through this App is subject to Clover’s API terms and rate limits.
EFFECTIVE DATE: These Terms are effective as of the date listed above and apply to all use of the Nooga Tech Check-In App.