Adventure Hub Connector End User License Agreement

This End-User License Agreement (EULA) is a legal agreement between you  as Licensee and GCD Technologies Ltd. (hereafter “GCD”).

This agreement concerns the Adventure Hub app (hereafter “the app”) and updates made available to you by GCD. Please read the following terms of use carefully.

By installing and using the app, you agree to be bounded` by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the app.

License And Provision Of Rights

This agreement gives you, your administrators and your employees non-exclusive and non-negotiable right to use the app. You are not eligible for sublicensing. All exceeding rights of the app are with GCD and are explicitly reserved; in particular possible proprietorship and intellectual property rights.

You are not allowed – for whatever reason – to copy, to lend or to rent the app. Without limiting the previous regulation, you are not allowed to copy the app, or parts thereof, on a server or on any other platform or distribute by other means. You may not reverse engineer, decompile, or disassemble the app.

Service Description and Terms of Use

The Adventure Hub Connector app enables you to integrate with your Adventure Hub account, giving you immediate and live access to the schedule, pricing plans and bookings that are set up in your Adventure Hub account.

The app is offered as a free app to any Clover merchant with an existing Adventure Hub account.

Termination For Cause

This Agreement may be terminated by you at any time by uninstalling the App. Your termination of this Agreement shall be effective as of the end of the current billing period in which you uninstall the App.

GCD may terminate this Agreement and/or suspend the provision of the Service immediately for: illegal, fraudulent, excessive or improper use of the Service.

Confidentiality, Registration And Passwords

You agree to maintain the confidentiality of any and all of your login credentials. You are responsible for all actions taken with your login credentials and stored information. If you permit another person to have access to your login credentials, we will treat this as if you have authoriszed such use and you will be liable for all actions taken by those persons. You are wholly responsible for the use of your login credentials as provided in these Terms.

Service Limitations

  1. Access to the app is available only with a valid, pre-existing Adventure Hub account
  2. GCD may perform maintenance on the Adventure Hub App from time to time which may result in service interruptions, delays, or errors. We will not be liable for any such interruptions, delays, errors, or bugs. You agree that we may contact you in order to assist you with the App Services and obtain information needed to identify and fix any errors.

Indemnity, Disclaimer, Limitations of Liability

Each user shall indemnify, defend and hold harmless GCD and its affiliates and their respective officers, employees and agents, from any and all claims, demands, damages, costs, and liabilities including reasonable legal fees, due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Service; or his or her violation of the Terms.

Each user’s use of the service is at his or her sole risk. The service is provided “as is” and we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personaliszation settings. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Specifically, we make no warranty that (i) the service will meet your individual requirements and (ii) any user access will be uninterrupted, timely, secure or error-free. Excluding only damages arising out of our wilful misconduct, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from any user’s use or inability to use any part of the service thereon.

Nothing herein shall be to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity nor do these terms of service extend rights to any third party. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behaviour, negligence or any other course of action by us.

Each user is responsible for backing up their Clover data and site data to ensure that use of the service does not result in loss of data.

Disclaimer of warranties

You expressly understand and agree that your use of the service is provided “as is” and “as available.” to the maximum extent permitted by law, GCD, on behalf of itself and its affiliates and suppliers, expressly disclaims any and all warranties, express or implied, relating to the service, including without limitation any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Neither GCD nor its affiliates and their respective officers, employees and agents,  warrants that the service will meet your requirements or that your use of the service will be timely, secure, uninterrupted or error-free. Neither GCD nor its licensors or suppliers has any liability whatsoever in connection with your use of service. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in this agreement. We do not authorise anyone, including, but not limited to, GCD employees, agents, or representatives, to make a warranty of any kind on our behalf and you should not rely on any such statement.

Intellectual Property Rights

All brands, logos, company names and intellectual property rights which are part of or are associated with the app, are in the sole authority of dispose of GCD. This agreement gives you no right of use of the brands. All intellectual property rights of the app, in particular of the code, as well as all texts contained therein are property of GCD. Every non-authorised usage or utilisation of the app contained or associated brands will be prosecuted.

Copyright

All title and copyrights in the source code of the app made by GCD and the accompanying online materials, are owned by GCD. The app is protected by copyright laws and international treaty provisions. Therefore, you must treat the app like any other copyrighted material.