RFIDify Terms and Conditions
This is the RFIDify Software License Agreement. Also referred to as “the software”, “we”, “us”.
- Introduction
1.1 The License Agreement forms a legally binding contract between you and RFIDify LLC in relation to your use of the RFIDify software.
- Accepting this License Agreement
2.1 In order to use RFIDify and any of its software or apps, you must first agree to the License Agreement. You may not use the software if you do not accept the License Agreement. 2.2 By clicking to accept and/or using this software, you hereby agree to the terms of the License Agreement. 2.3 You may not use the software and may not accept the License Agreement if you are a person barred from the software under the laws of the United States or other countries, including the country in which you are resident or from which you use the software. 2.4 If you are agreeing to be bound by the License Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to the License Agreement. If you do not have the requisite authority, you may not accept the License Agreement or use the software on behalf of your employer or other entity.
- Use of the software by You
3.1 You agree that if you use our software, you will protect the privacy and legal rights of the users that will interact with your account. If the users such as, but not limited to, event attendees or cashless payment users provide you with names, credit card information, or personal information, you must make the users aware that the information will be available in your account, and you must provide legally adequate privacy notice and protection for those users. 3.2 You agree that you will not engage in any illegal activity with the RFIDify software 3.3 You agree that you are solely responsible for (and that RFIDify has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through the software and/or applications, and for the consequences of your actions (including any loss or damage which RFIDify may suffer) by doing so. 3.4 You agree that you are solely responsible for (and that RFIDify has no responsibility to you or to any third party for) any breach of your obligations under the License Agreement, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which RFIDify or any third party may suffer) of any such breach. 3.5 RFIDify processes payments through https://stripe.com, which means usage of our software also constitutes your agreement to Stripe’s terms and conditions and other legal agreements which can be found on their website. Your Stripe account is solely managed and owned by you, and any disputes, chargebacks, or other issues with your Stripe account are between you and Stripe. 3.6 We reserve the right to change our transaction fee, platform fees, or anything else pertaining to our software as we see fit. Any such changes will be properly communicated to you before the change takes place.
- Your Credentials
4.1 You agree that you are responsible for maintaining the confidentiality of any credentials that may be issued to you by RFIDify or which you may choose yourself and that you will be solely responsible for all actions that happen under your account. If you choose to not enable two-factor authentication for your account, you are responsible for the security of your account credentials, and that RFIDify is not responsible should your credentials be compromised.
- Privacy and Information
5.1 In order to continually innovate and improve our software, RFIDify may collect certain usage statistics from the software including but not limited to a unique identifier, associated IP address, version number of the software, and information on which tools and/or services in the software are being used and how they are being used. 5.2 The data collected is examined in the aggregate to improve the software and is maintained in accordance with our Privacy Policy.
- Third Party Integrations/Applications
6.1 If you use the software and enable any of our third party integration add-ons, you agree that RFIDify is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that RFIDify is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources. 6.2 You should be aware the data, content, and resources presented to you through such a third party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners. 6.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, the License Agreement does not affect your legal relationship with these third parties.
- Terminating this License Agreement
7.1 The License Agreement will continue to apply until terminated by either you or RFIDify as set out below. 7.2 If you want to terminate the License Agreement, you may do so by ceasing your use of the software and any relevant credentials. 7.3 RFIDify may at any time, terminate the License Agreement with you if: (A) you have breached any provision of the License Agreement; or (B) RFIDify is required to do so by law; or (D) RFIDify decides to no longer provide the software or certain parts of the software to users in the country in which you are resident or from which you use the service, or the provision of the software or certain software services to you by RFIDify is, in RFIDify’s sole discretion, no longer commercially viable. 7.4 When the License Agreement comes to an end, all of the legal rights, obligations and liabilities that you and RFIDify have benefited from, been subject to (or which have accrued over time while the License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 12.5 shall continue to apply to such rights, obligations and liabilities indefinitely.
- DISCLAIMER OF WARRANTIES
8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE RFIDIFY SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND FROM RFIDIFY. 8.2 YOUR USE OF THE SOFTWARE AND ANY TRANSACTIONS PROCESSED THROUGH THE USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY TRANSACTION, SALE, CHARGEBACK, FRAUD, DISPUTE, ETC THAT COULD RESULT FROM SUCH USE. 8.3 RFIDIFY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT RFIDIFY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT RFIDIFY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- Indemnification
10.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless RFIDify, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the software, and (b) any non-compliance by you with the License Agreement.
- Changes to the License Agreement
11.1 RFIDify may make changes to the License Agreement as it distributes new versions of the software. When these changes are made, RFIDify will make a new version of the License Agreement available, and will bring it to your attention by sending you an email, and/or by some other means. If you don’t agree to the new terms, you are free to reject them by discontinuing your use of the software. Your continued use of the software after a change to the terms serves as your acceptance of, and agreement with any such changes. At any time you can view the terms of conditions on our website.
- General Legal Terms
12.1 The License Agreement constitutes the whole legal agreement between you and RFIDify and governs your use of the software (excluding any services for which RFIDify may provide to you under a separate written agreement), and completely replaces any prior agreements between you and RFIDify in relation to the software. 12.2 You agree that if RFIDify does not exercise or enforce any legal right or remedy which is contained in the License Agreement (or which RFIDify has the benefit of under any applicable law), this will not be taken to be a formal waiver of RFIDify’s rights and that those rights or remedies will still be available to RFIDify. 12.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the License Agreement is invalid, then that provision will be removed from the License Agreement without affecting the rest of the License Agreement. The remaining provisions of the License Agreement will continue to be valid and enforceable. 12.4 The rights granted in the License Agreement may not be assigned or transferred by either you or RFIDify without the prior written approval of RFIDify. You shall not be permitted to delegate your responsibilities or obligations under the License Agreement without the prior written approval of RFIDify. 12.5 The License Agreement, and your relationship with RFIDify under the License Agreement, shall be governed by the laws of the State of Kansas without regard to its conflict of laws provisions. You and RFIDify agree to submit to the exclusive jurisdiction of the courts located within the county of Sedgwick, Kansas to resolve any legal matter arising from the License Agreement. Notwithstanding this, you agree that RFIDify shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. August 11, 2021