Developer End User License Agreement (EULA)

Developer End User License Agreement (EULA) for Fanbase Collective

1. Introduction

This Developer End User License Agreement ("Agreement") is a legal agreement between you ("Developer" or "you") and Fanbase Collective, Inc. ("Fanbase Collective," "we," or "us") governing your use of the Fanbase Collective app (the "App") on the Clover platform. By accessing or using the App, you agree to be bound by the terms and conditions of this Agreement.

2. License Grant

Subject to the terms and conditions of this Agreement, Fanbase Collective grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for the purpose of integrating with the Clover platform to develop, test, and deploy applications that utilize the App ("Applications").

3. Restrictions

You agree not to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the App.
  • Modify, adapt, translate, or create derivative works based on the App.
  • Use the App for any illegal or unauthorized purpose or in any manner that could damage, disable, overburden, or impair the App or the Clover platform.
  • Sell, lease, lend, rent, resell, distribute, or otherwise transfer any of the rights granted to you under this Agreement.
  • Remove or obscure any proprietary notices on the App.

4. Ownership

Fanbase Collective retains all rights, title, and interest in and to the App, including all intellectual property rights therein. Except for the limited license granted to you under this Agreement, you do not acquire any rights, express or implied, in the App.

5. Data Use and Privacy

You agree to comply with all applicable data protection laws and regulations in your use of the App. You acknowledge that Fanbase Collective may collect and use data as described in our Privacy Policy. You are responsible for obtaining any necessary consents from end users of your Applications for the collection and use of their data.

6. Support and Updates

Fanbase Collective may provide you with support or updates for the App at its sole discretion. Fanbase Collective is not obligated to provide any support, updates, or maintenance services.

7. Term and Termination

This Agreement is effective until terminated. Fanbase Collective may terminate this Agreement at any time with or without cause. Upon termination, you must cease all use of the App and destroy any copies of the App in your possession or control.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FANBASE COLLECTIVE DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of Liability

IN NO EVENT SHALL FANBASE COLLECTIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE APP; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; OR (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fanbase Collective, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the App or your violation of this Agreement.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, USA, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Nashville, Davidson County, Tennessee, USA, and you consent to the jurisdiction of such courts.

12. Miscellaneous

  • Entire Agreement: This Agreement constitutes the entire agreement between you and Fanbase Collective regarding the use of the App and supersedes all prior agreements and understandings, whether written or oral, relating to its subject matter.
  • Amendments: Fanbase Collective reserves the right to modify this Agreement at any time. Your continued use of the App after any such modification constitutes your acceptance of the modified Agreement.
  • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

By clicking "Accept" or by accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by this Agreement.