NAMAA Clover POS App End User License Agreement

This End User License Agreement ("Agreement") is between Namaa Loyalty Rewards ("Namaa," "App Provider," "we," "us," or "our") and the merchant, business, organization, or individual that installs, accesses, or uses the NAMAA Loyalty Rewards application on a Clover point-of-sale device ("Merchant," "you," or "your").

By installing, pairing, accessing, enabling, or using the NAMAA Clover POS app and any related services, documentation, updates, device components, scanner tools, or support features (collectively, the "App"), you agree to this Agreement. If you do not agree, do not install, pair, access, or use the App.

1. The App

The App is designed to help participating merchants use NAMAA Loyalty Rewards with Clover POS devices. Depending on the features enabled for your account and device, the App may:

• pair a Clover device to a merchant's NAMAA account using a one-time pairing code;
• store a device token and device label for secure register identification;
• listen for supported NAMAA customer loyalty barcodes from Clover scanners or compatible external scanners;
• verify loyalty barcodes with NAMAA backend services;
• show limited customer loyalty information, such as customer display name, point balance, visits, and last visit;
• link eligible checkout activity to customer loyalty accounts;
• enable optional compact overlay, keyboard scanner mode, diagnostics, and Clover payment-screen scan features; and
• provide local diagnostics and operational tools for merchant staff and support.

2. License Grant

Subject to this Agreement, Namaa grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App solely on supported Clover devices and solely for your internal business use with NAMAA Loyalty Rewards. Namaa and its licensors reserve all rights not expressly granted.

3. Restrictions

You must not, and must not allow anyone else to:

• copy, modify, translate, adapt, distribute, resell, lease, rent, sublicense, or transfer the App except as expressly allowed by Clover or this Agreement;
• reverse engineer, decompile, disassemble, or attempt to derive source code, except to the extent such restriction is prohibited by law;
• circumvent pairing, authentication, barcode, scan, rate-limit, access-control, or security features;
• use the App to create fake, fraudulent, duplicate, unauthorized, or manipulated loyalty activity;
• scan customer barcodes, access customer loyalty data, or use customer information without a valid business purpose and all required permissions or notices;
• use the App for unlawful, harmful, deceptive, abusive, infringing, or unauthorized purposes;
• interfere with Clover, Fiserv, Namaa, merchant systems, customer accounts, or third-party services;
• use the App to process or store full payment card numbers outside Clover/Fiserv-authorized payment systems; or
• remove or alter proprietary notices, branding, or security markings.

4. Merchant Responsibilities

You are responsible for:

• ensuring that only authorized staff access the App, pairing codes, device settings, scanner modes, and diagnostics;
• maintaining the security of your Clover account, Clover devices, NAMAA account, employee permissions, and physical registers;
• training staff to use loyalty scans and customer information lawfully and appropriately;
• honoring your own loyalty program terms, redemptions, discounts, offers, and customer-facing promises;
• providing required notices to customers and obtaining any required consents for loyalty enrollment, barcode scans, rewards, data sharing, and customer communications;
• ensuring your use of the App complies with applicable laws, Clover terms, Fiserv terms, App Market policies, payment-network rules, privacy laws, consumer-protection laws, and this Agreement;
• reviewing scan and loyalty results before relying on them for customer service or business decisions; and
• promptly notifying Namaa of suspected unauthorized access, device theft, pairing-code exposure, fraudulent scans, or security incidents.

5. Clover, Fiserv, and Payment Processing

Clover and Fiserv are separate third parties. Your use of Clover hardware, Clover software, Clover APIs, payment services, merchant accounts, and App Market features is governed by your agreements with Clover, Fiserv, or their affiliates. Namaa is not Clover or Fiserv and does not control their services.

The App is a loyalty and scan-support application. It is not a payment processor and is not intended to store full payment card numbers. Any payment acceptance, authorization, capture, settlement, refund, chargeback, payment security, or payment-network compliance remains handled by Clover, Fiserv, your payment provider, and you.

6. Fees

Any fees for the App will be disclosed through the Clover App Market, NAMAA onboarding, or a separate written agreement. If Clover displays app fees, subscription fees, trial terms, or billing terms, those terms apply in addition to this Agreement. Taxes, chargebacks, Clover fees, payment processing fees, and third-party service charges are your responsibility unless expressly stated otherwise.

7. Data and Privacy

Namaa's collection and use of information through the App is described in the NAMAA Clover POS App Privacy Policy. You agree that you have provided all required notices and obtained all required rights, permissions, and consents for Namaa to process information as needed to provide the App and related services. You must not submit, scan, or transmit information through the App unless you have the right to do so.

8. Customer Information and Loyalty Programs

You are solely responsible for your customer relationships and your loyalty program terms, including earning rules, redemption rules, expiration rules, discount rules, offer availability, customer communications, employee behavior, and customer disputes. Namaa may provide tools, scan results, loyalty records, and platform functionality, but Namaa is not responsible for promises you make to customers or for your failure to honor applicable customer-facing terms.

9. Availability, Updates, and Support

The App may depend on Clover devices, scanner configuration, internet connectivity, NAMAA backend services, Clover or Fiserv services, app permissions, device software, and third-party infrastructure. The App may be unavailable, interrupted, delayed, or limited from time to time. Namaa may update, modify, suspend, discontinue, or replace any App feature at any time. Some updates may be required to continue using the App.

Support is provided using the support channels made available by Namaa or listed in the Clover App Market. We may require reasonable diagnostic information to troubleshoot issues.

10. Intellectual Property

The App, NAMAA platform, software, code, designs, documentation, trademarks, logos, trade dress, workflows, and related intellectual property are owned by Namaa or its licensors. You receive only the limited license stated in this Agreement. Feedback, suggestions, or ideas you provide may be used by Namaa without restriction or obligation to you.

11. Confidentiality and Security

Pairing codes, device tokens, diagnostics, non-public APIs, security information, and App operational details may be confidential or security-sensitive. You must protect them, limit access to authorized staff, and not disclose them except as needed for authorized use or support.

12. Term and Termination

This Agreement starts when you install, pair, access, or use the App and continues until terminated. You may stop using the App by uninstalling it, unpairing devices, disabling features, or closing your NAMAA merchant account where applicable. Namaa may suspend or terminate your access to the App if you violate this Agreement, violate law or third-party terms, create security risk, misuse customer information, engage in fraud or abuse, fail to pay applicable fees, or if continued access could harm Namaa, Clover, Fiserv, merchants, customers, or the App.

Upon termination, your license ends immediately. Sections that by their nature should survive will survive, including restrictions, merchant responsibilities, data and privacy, intellectual property, disclaimers, limitation of liability, indemnification, dispute terms, and payment obligations.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NAMAA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, AVAILABILITY, ERROR-FREE OPERATION, AND UNINTERRUPTED USE.

Namaa does not warrant that loyalty calculations, scans, discounts, redemptions, integrations, diagnostics, or device features will always be accurate, timely, available, or accepted by every device, scanner, merchant workflow, or customer scenario.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAMAA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST DATA, LOST LOYALTY VALUE, CUSTOMER CLAIMS, DEVICE DOWNTIME, PAYMENT PROCESSING ISSUES, OR BUSINESS INTERRUPTION, EVEN IF NAMAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAMAA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO NAMAA FOR THE APP DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY U.S. DOLLARS (US $50).

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you. In those jurisdictions, liability will be limited to the maximum extent permitted by law.

15. Indemnification

You will defend, indemnify, and hold harmless Namaa, its owners, officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against claims, losses, damages, liabilities, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: your use or misuse of the App; your business, products, services, loyalty program, offers, discounts, or customer relationships; your violation of this Agreement; your violation of law or third-party rights; your use or disclosure of customer information; your Clover or payment processing activity; fraudulent, unauthorized, or abusive activity involving your account, staff, customers, devices, or systems; or information you provide to Namaa.

16. Governing Law and Disputes

This Agreement is governed by the laws of the State of Texas, excluding conflict-of-law rules. Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Texas, unless applicable law requires otherwise. You and Namaa each waive any right to a jury trial to the maximum extent permitted by law.

17. Export and Sanctions Compliance

You may not use, export, re-export, or transfer the App except as authorized by United States law and the laws of the jurisdiction where the App is used. You represent that you are not located in, under the control of, or a national or resident of any country or person subject to applicable sanctions or export restrictions that would prohibit use of the App.

18. Changes to This Agreement

Namaa may update this Agreement from time to time. The updated version will be effective when posted or when otherwise provided, unless a later date is stated. Continued use of the App after an update means you accept the updated Agreement.

19. Severability and Entire Agreement

If any provision of this Agreement is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. This Agreement, together with referenced policies and any applicable order, App Market, or written terms, is the entire agreement between you and Namaa regarding the App.

20. Contact

Questions about this Agreement may be sent to:

Namaa Loyalty Rewards
Email: support@namaa.app