VoicePOS Terms of Service

VoicePOS lets Clover merchants and their staff manage their point-of-sale data with voice and text commands, in English and Spanish. Within the permissions you approve when you install it, the App can: view and change inventory (items, categories, modifiers, discounts, tags, tax rates, prices and stock); view and update business settings such as hours, tip settings and order types; view employees, roles and shifts; look up customers; and report on orders, sales and payments. It keeps a command history with undo and can read its replies aloud. You need an active Clover merchant account to use it.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, during the term of this Agreement, to use the App solely for your internal business purposes. You will not distribute, lease, rent, host, sublicense, transfer, sell, export, modify, reverse engineer, decompile, copy, benchmark, create derivative works from, or attempt to derive the source code of the App. This license grants you no rights to our trademarks or other intellectual property. We reserve all rights not expressly granted to you.

The App may update automatically, and you may need to accept updates to keep using it. We may perform maintenance that causes interruptions or delays, and we may stop supporting older versions. You are responsible for the equipment and internet connectivity you need to use the App.

The App connects to your Clover account through OAuth 2.0 authorization. By installing it, you authorize us, on your behalf and within the permissions you approved, to read and modify your inventory and business settings, and only to read your employees, customers, orders and payments, in order to carry out the actions you or your staff request, including scheduled changes you set up. You may revoke this access at any time by uninstalling the App.

The App uses artificial intelligence to interpret voice and text commands. While we strive for accuracy, AI interpretations may occasionally be incorrect. The App asks you to confirm before it deletes anything and before it makes changes in bulk; other changes are applied immediately and can be undone from History. Always review critical changes to your inventory, pricing and business settings. We are not liable for errors resulting from AI misinterpretation of your commands.

• You are responsible for the accuracy of the commands you and your staff give the App, and for reviewing the changes it makes to your data.
• You must keep your Clover account credentials and your staff PINs secure, decide who on your staff may use the App, and notify us if you discover a security breach involving the App.
• You must have the right to provide the App with your customers' and employees' data, and you are responsible for any notices to them that applicable law requires.
• You are responsible for backing up, and for the accuracy and completeness of, the data you create or change through the App.
• You agree not to use the App for any unlawful purpose, or to access, store or transmit material that is unlawful, infringing or malicious.

If you subscribe to a paid plan, you will pay the monthly fee for that plan, as shown on the App's listing when you subscribe, through the payment method you select during set-up for the App. Fees are charged automatically each month until you cancel. You are responsible for all sales, use, excise or similar taxes, other than taxes on our income. You must notify us of any billing error within 120 days of when it appears on your invoice.

This Agreement starts when you accept it, or install or use the App, and continues month to month until it is terminated.

We may suspend or terminate your use of the App if you violate this Agreement; if your use may damage our reputation or intellectual property rights; if we lose access to a third-party service the App depends on; if your usage exceeds normal and reasonable levels; if you become insolvent or bankrupt; or if you use the App for any fraudulent, illegal or unauthorized purpose.

You may terminate this Agreement at any time, for any reason, by uninstalling the App or by notifying us. Termination takes effect at the end of the billing period in which you terminate, and fees for that period are not refunded. When this Agreement ends, your license ends and we delete your data as described in the VoicePOS Privacy Policy.

We use the data we obtain through the App to provide the App, to improve it, and, in aggregated and anonymized form only, to improve our services generally, always subject to applicable law. How we collect, use, share and delete information is described in the VoicePOS Privacy Policy at https://miolabsai.com/products/voicepos/privacy.

Neither of us will disclose the other's non-public business information, including technical specifications, customer lists and operational or financial information ("Confidential Information"), except to our respective personnel who need it to perform this Agreement, or as required by law or court order. Confidential Information does not include information that is or becomes public through no fault of the recipient, that the recipient already lawfully had, that it developed independently, or that it received from a third party free to disclose it.

If you send us comments or ideas about the App, you agree that we may use them freely, without any obligation to you.

• We process Merchant data and personal information only on your behalf, as your service provider, and only to perform our obligations under this Agreement, as permitted by the California Consumer Privacy Act (CCPA) and other applicable privacy laws ("Privacy Laws"). We will never sell such personal information.
• We will not collect, use, retain, disclose or otherwise make Merchant data or personal information available for our own commercial purposes, or in any way that does not comply with Privacy Laws.
• We limit the collection, use, retention and disclosure of personal information to what is reasonably necessary and proportionate to provide the App.
• We will reasonably cooperate with you in meeting your obligations under Privacy Laws, including responding to verifiable consumer requests. If one of your customers or staff sends a request to us, we will direct them to you and assist you in responding.
• We will notify you promptly if we receive any complaint, notice or communication relating to either party's compliance with Privacy Laws in connection with the App.

We aim to provide a reliable service but do not guarantee uninterrupted access. The App depends on third-party services, including point-of-sale platform APIs, cloud hosting and AI providers, and their maintenance or outages may temporarily affect it.

The App is provided "as is" and "as available", without warranties of any kind. You are solely responsible for determining whether the App meets your needs. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of security, merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.

To the maximum extent permitted by law, we will not be liable for any lost profits, revenues or business opportunities, data loss, business interruption, or any indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the App, even if they were foreseeable or we were advised they were possible.

Our total, aggregate liability for all claims arising from or relating to this Agreement or the App will not exceed the fees you paid us for the App during the 3 months before the event giving rise to the claim.

You will indemnify us, and our members, officers, employees and agents, against any third-party claims, losses, damages, costs and expenses (including reasonable attorneys' fees) that result from your use or misuse of the App or your breach of this Agreement. We may assume the defense of any such claim at your expense, and you will cooperate with that defense. You will not settle any such claim involving more than the payment of money without our written consent.

You agree that we may communicate with you electronically, through the App, by email using the contact details you provide, and by push notification if you turn notifications on.

We may update this Agreement from time to time. We will notify you of material changes through the App or by email, and the date at the top of this page always shows the latest version. Your continued use of the App after a change means you accept it. If you do not agree to a change, you must stop using and uninstall the App.

This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any proceeding arising from or relating to this Agreement will be brought exclusively in the state or federal courts located in Orange County, Florida, and each party consents to their jurisdiction.

Both parties waive their right to a trial by jury in connection with this Agreement.

• You represent that you have the authority to enter into this Agreement.
• Each party will comply with the laws that apply to its performance under this Agreement, including laws on the collection and use of consumer information obtained through the App.
• This Agreement is the entire agreement between us about the App and supersedes any prior agreements on that subject. If any part of it is found invalid or unenforceable, that part will be severed and the rest will remain in effect. A delay or failure to exercise a right is not a waiver of it.
• We are independent contractors. This Agreement does not create an agency, partnership or joint venture.
• You may not assign this Agreement without our written consent. We may assign it without your consent, with notice to you.

For questions about these Terms or about billing, contact:

HENOC MARKETING LLC, Orlando, Florida

Email: miolabs01@gmail.com