Terms of Service (License Agreement)
This document defines the terms of service related to the Clopos POS restaurant management software.
Based on the invoice issued to you by the licensor, upon payment of the license fee, you agree to the terms of this License Agreement and consider it concluded.
"Terms of Service" (License Agreement) – a license agreement concluded between Clopos MMC ("License") and a legal or natural person ("Licensee").
"Software" – computer software or a set of programs that is the result of intellectual activity and is provided for use under this agreement.
Clopos MMC guarantees that it is the legal owner of the software and has all legal authority to enter into this agreement.
"License" – permission for other individuals or organizations to use patented inventions, as well as technical achievements, production experience and secrets, trademarks, etc.
"Clopos Cloud" – a type of SaaS license provided to a legal or natural person on a paid basis for a specific period.
1. Contract Terms
1.1 The licensor is obliged to provide the software license under the terms of this agreement, and the client is obliged to pay for this license.
1.2 The license must specify the name, version, and validity period of the software.
1.3 The monthly license (subscription) fee is determined depending on the range of features provided by Clopos according to the client's needs. Changes in the license (subscription) fee can only be made based on a mutual decision between the Client and Clopos. The monthly license (subscription) period starts from the date of the contract conclusion.
2. License Terms
2.1 The licensor provides the following rights under a simple license:
2.1.1 Ensure the use of the software and define its functionality according to its purpose.
2.2 All rights to the software that are not mentioned in this agreement and not directly referenced are not granted by the licensor company.
2.3 The following actions are PROHIBITED:
2.3.1 Copying the software by the user.
2.3.2 Reproducing the software, i.e., creating one or more copies of it.
2.3.3 Selling the software and its copies.
2.3.4 Making the software publicly available.
2.3.5 Interfering with the devices (if available) provided under the license, as well as disassembling the devices without the licensor's consent during the license validity period.
2.4 The client must use the software within the license validity period according to the technical requirements set by the licensor.
3. License Duration
3.1 The agreement between the parties is valid for 12 (twelve) months from the date of signing. If no written notice is provided 1 (one) month before the contract expiration, the contract is automatically extended for another 12 (twelve) months. The parties may terminate this agreement unilaterally by notifying the other party 1 (one) month in advance.
4. License Fee
4.1 The license fee under this agreement is specified in AZN currency.
4.2 The client agrees to pay the amount specified in the invoice for the license(s) under this agreement.
4.3 License prices are listed on the licensor’s official website: https://www.clopos.com/prices
4.4 In case of contract termination between the parties, the license fee is non-refundable.
4.5 Upon payment of the license fee based on the invoice issued by the licensor company, you are considered to have agreed to the terms of this License Agreement, and the contract is deemed concluded between you and the licensor company.
4.6 The licensor company has the right to make unilateral changes to this agreement.
4.6.1 After the corresponding amounts are credited to the licensor's bank account, all the client's payment obligations are considered fulfilled.
4.7 The license must be provided within 5 (five) days after the license fee payment.
4.8 You can find all user documentation related to the software at: https://help.clopos.com
4.9 If the license fee is not paid on time, the use of the software is restricted.
4.9.1 After restriction is applied, your data is stored for 6 (six) months. After this period, your account is deleted from the system.
5. Force Majeure Circumstances
5.1 In this agreement, “force majeure” refers to an event that prevents a party from fulfilling its obligations or delays their fulfillment under this agreement. Such circumstances include floods, earthquakes, and other natural disasters, wars, military actions, and emergencies. This also includes martial law, legal or regulatory acts of authorities in the partner's or licensor company's territory, as well as any other unforeseen events that the parties could not have reasonably anticipated or prevented.
6. Internet (Network) Requirements
6.1 For the normal operation of Clopos software, the following conditions must be met:
6.1.1 The internet connection must be stable with a download speed of 4 Mbps and an upload speed of 0.75 Mbps.
6.1.2 All workstations must be within the same network and have uninterrupted internet access.
7. Device Requirements
7.1 The following device parameters are required for Clopos POS software:
7.1.1 POS Terminal
CPU: 2 cores, 2 GHz, 2 MB cache+
RAM: 2 GB+
Storage: 64 GB HDD or SSD
Screen: Touch support, resolution 1024x768
OS: Windows 10
8. Data Protection
8.1 All client data is protected by the licensor.
8.2 Client data stored in our cloud services is not shared with third parties.
9. Technical Support and Consultation Services
9.1 The licensor provides technical support services to clients.