Terms of Service

1. Agreement of Terms

In these Terms and Conditions, the words “Cobalt,” “us,” “we,” and “our” refer to our company, Cobalt Payments Inc. The word “Site” refers to our websites www.bevly.co, www.bevly.us, www.cobaltconnect.net, www.cobaltpays.com, www.cobalt.info, and any other websites we may use in the future. The word “Bevly” refers to our Bevly Web application, Bevly Android Application, Cobalt Services, or Bevly API, as appropriate in context. The words “You” and “Your” refer to you or the business entity you represent.

Your use of the Site and Bevly is subject to:

• (a) the terms set forth below (“Terms of Service”), and
• (b) Cobalt’s Privacy Policy found at https://bevly.co/privacy-policy/ (incorporated herein by reference).

YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” OR “INSTALL” BUTTON, OR BY USING THE SITE OR SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR BEVLY. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.

2. Data Access, Exports, and Platform Limitations

Migration Disclaimer: If Cobalt and/or Bevly’s support team assists in migrating your business’s product, inventory, or customer data into the Bevly platform, you acknowledge that Bevly makes no guarantees as to the accuracy, completeness, or integrity of such migrated data. You are solely responsible for validating and reviewing migrated information. Bevly is not liable for any data errors, losses, or omissions.

Contractual Scope of Access: Bevly is not contractually obligated to provide full database access or custom exports beyond what is made available through the standard platform, export tools, or API.

Standard Export Tools Provided: Bevly offers CSV, Excel, and other user-facing export tools in alignment with standard SaaS industry practices. It is the client’s responsibility to export necessary data during the term of service.

No Obligation for Custom Extraction: Bevly is not required to create or support custom data extraction formats, workflows, or full database dumps unless explicitly stated in a separate written agreement.

Proprietary Infrastructure: Bevly’s backend systems, architecture, schema, and export formatting are proprietary and protected intellectual property. Requests for backend access or system-level data will be denied to preserve security and trade secrets.

Security and Compliance: To comply with PCI-DSS, SOC2, and other privacy standards, Bevly restricts access to internal systems and certain data formats that may pose security risks.

Good Faith Support: Bevly will make reasonable efforts to help you retrieve accessible data using its standard tools. Any inability to extract specific data must be addressed via Bevly’s published support channels.

Limitation of Liability – Data Access: You must demonstrate direct, quantifiable harm in order to seek recourse. Perceived inconvenience, technical constraints, or operational delay are not sufficient grounds for liability.

3. Data Ownership and Usage

You retain ownership only of the following business-specific data fields that you input into the Bevly platform:

• Product Name
• Retail Price
• SKU
• Last Bottle Cost
• Category
• Tax Rate
• Container Size
• Aggregated Total Units Sold (per product)
• Aggregated Total Revenue (per product)

By using Bevly’s services, you grant Bevly a non-exclusive, royalty-free, transferable license to use, aggregate, anonymize, analyze, and derive insights from this data to improve its services, develop new features, fulfill reporting functions, and for other internal business purposes.

Bevly retains all rights to:

• Aggregated or anonymized data derived from client input

• All schemas, formats, and configurations used to collect, process, or display data on the platform

• All intellectual property, including software, database schema, user interface (UI), designs, trademarks, service marks, proprietary methodologies, and technology

• Platform usage data, including logs, metadata, diagnostics, interaction logs, timestamps, and performance statistics

By using the Bevly platform, you acknowledge and accept these limitations and ownership rights, which are consistent with industry norms and upheld by U.S. software-as-a-service legal precedent.

Bevly shall not be restricted in its use of aggregated, de-identified, or anonymized data that does not identify your business.

4. Ownership and Intellectual Property

Cobalt and its licensors retain full ownership of the Site, Bevly, and all enhancements, updates, and related intellectual property. Your license to use the platform is revocable at any time in Cobalt’s sole discretion.

You may not:

• Reverse engineer or copy any part of the platform;
• Use our trademarks (“Marks”) without prior written permission;
• Alter or remove proprietary notices from Bevly or its components

You may submit comments, ideas or feedback about the Cobalt’s Services or Bevly, including about how to improve the Bevly Services. By submitting feedback or suggestions to Bevly, you grant us the right to use that feedback freely and without obligation. By submitting any idea, you agree that (a) Cobalt expressly disclaims any confidentiality obligations or use restrictions, express or implied, with respect to any idea; (b) your submission will be non-confidential; and (c) Cobalt is free to use and disclose the idea on an unrestricted basis without notifying or compensating you. You release Cobalt from all liability and obligations that may arise from Cobalt’s receipt, review, use or disclosure of any portion of any idea.

You may not use Cobalt’s Marks in any manner, including in any advertisements, displays, or press releases, without Cobalt’s prior written consent. “Marks” means Cobalt’s names, logos, emblems, brands, service marks, trademarks, trade names, taglines, or other proprietary designations. You shall not, and shall not permit any third party to remove, relocate, or otherwise alter any proprietary rights notices from the Bevly Services (or any part) or the Marks.

5. Restrictions on Access and Use; Right to Investigate and Litigate

Bevly reserves the unrestricted right, in its sole discretion and without prior notice, to restrict, suspend, or permanently revoke access to the platform or any associated services for any user or client if Bevly reasonably suspects or determines that:

• The user or client has engaged in the unauthorized duplication, reverse engineering, or copying of Bevly’s software, user interface, data structures, workflows, documentation, or other intellectual property;
• The user or client is providing access to, or otherwise facilitating the use of Bevly’s systems, services, or data by a competitor, consultant, or other third party for the purpose of acquiring trade secrets or confidential information;
• The user or client is misusing the Bevly platform in a manner that violates intellectual property laws, confidentiality agreements, these Terms of Service, or applicable commercial standards;
• The user or client is acting in bad faith or engaging in any conduct intended to harm Bevly’s business, reputation, systems, clients, or competitive position.

Bevly may take immediate action to block access to any associated users, suspend services, preserve relevant evidence, and notify applicable legal authorities as deemed necessary.

In addition to injunctive relief and termination of services, Bevly reserves the right to pursue all available legal remedies, including litigation, and to seek the recovery of compensatory damages, statutory damages, punitive damages, and reasonable attorneys’ fees and costs incurred in connection with investigating or prosecuting such misconduct.

6. Agreement for the Use of Market Data

Market and product data shared by Cobalt or its affiliates is for internal use only by the registered business location. Republishing or redistributing this data without express written consent is prohibited, even if the other location is under the same ownership.

7. Registration Market Data and Account Security

In consideration of your use of the Cobalt Services, the Site and/or Bevly, you agree to:

1. Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”);
2. Maintain and promptly update the Registration Data, and any other information you provide to Cobalt, to keep it accurate, current and complete;
3. Maintain password and account security
4. Notify Cobalt of any breach or unauthorized access
5. Accept full responsibility for activity under your account
6. When you register to create an account on the Site, you will be provided a username and a temporary password (“Bevly User ID”)

7. Accept all risks of unauthorized access to the Registration Data and any other information you provide to Cobalt.

8. Compliance and Policy Acknowledgment

1. You will comply with applicable Payment Card Industry (“PCI”) security regulations, and will notify Cobalt in the event that the status of your PCI compliance changes. Cobalt and its partners may suspend or terminate your license to the Commerce Platform if we believe you are no longer in compliance with the PCI requirements.
2. You agree that all data collected by Cobalt from its users is subject to the Cobalt Privacy Policy. You understand and agree that through our partnership with third-party POS providers; we may collect data from you, and that such data is subject to the Cobalt Privacy Policy.
3. You agree that third-party POS providers will have the right to share general account information about your account with Cobalt, such as information regarding your use of the POS platform and financial metrics which may include detail product information, product sales, inventory management, and transaction volume on the POS platform. Cobalt shall use such information solely to optimize operations between the Bevly & POS platforms. Cobalt will not use this information for any purpose other than as stated in this Section, and will only share this information with its affiliate partners. When you terminate your account with or are removed from the POS Platform, Cobalt will delete this information within a reasonable period of time.

9. User Conduct Obligations

This Site and its content are intended for facilitating the marketing and advertising of Client products. You may not use this Site or its content for any purpose not related to your business.

You are specifically prohibited from:

1. Using any data mining, robots or similar data gathering or extraction methods such as using scraping tools or bots;
2. Circumvent platform security or attempt reverse engineering
3. Abuse system integrity or intercept platform data
4. Frame, manipulate, or hijack content display
5. Use Bevly or the Site for non-business or unlawful purposes
6. Manipulating or otherwise displaying the Site or its content by using framing or similar navigational technology;
7. Registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Cobalt product or service if you are not expressly authorized by such party to do so; and
8. Using the Site or its content other than for its intended purpose.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Cobalt reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Cobalt may be entitled at law or in equity.

In addition, without limitation, you agree that while using or accessing the Site or Services you will not: (i) circumvent, disable or otherwise interfere with security related features of the Site or Services; (ii) attempt to probe, scan or test the vulnerability of any Bevly system or network, or breach or impair or circumvent any security or authentication measures protecting the Site or Bevly ; (iii) attempt to decipher, decompile, disassemble or reverse engineer any of the software application used to provide the Site or Bevly ; (iv) collect, or attempt to collect, any product information or personal data about other Bevly Users without their express permission; (v) use the Site or Bevly in any manner not permitted by these Terms of Service; or (vi) encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

10. Your Responsibilities

If You access the Cobalt Services, the Site and/or Bevly Services through your tablet, laptop, PC or other device identified by Clover as compatible with and capable of accessing and/or supporting the Bevly Services (Device) using a wired (Ethernet) or wireless (Wi-Fi or cellular) connection to the Internet, You are solely responsible for the payment of any fees that may be imposed by your Internet/data provider.

You are solely responsible for obtaining all required permits, consents and licenses and monitoring legal developments applicable to the Bevly Services and the operation of your business, interpreting Applicable Laws and regulations, determining the requirements for compliance with all Applicable Laws and regulations, and maintaining an on-going compliance program.

You are solely responsible for ensuring the accuracy, quality, integrity, legality and appropriateness of all information and data regarding your business that you provide to Cobalt or its service providers in connection with the Bevly Services. In addition, if applicable, you are solely responsible for verifying that all information and data loaded onto a Device by Cobalt or its service providers at your request are accurate prior to your business use of such Device. Cobalt and its service providers disclaim any and all liability arising out of any inaccuracies with respect to any information or data you provide.

11. Protecting Information

You shall safeguard all confidential information that Cobalt supplies or otherwise makes accessible to you, using at least a reasonable degree of care. You shall only use Cobalt’s confidential information for purposes directly related to these Terms of Use and shall not disclose such information to any third party except as expressly authorized in writing by Cobalt. Upon request, you agree to promptly return or securely destroy all confidential information in your possession or control.

You agree to comply with all applicable laws and regulations related to the collection, use, storage, sharing, security, disposal, or international transfer of personal or confidential information. These may include, but are not limited to, the Federal Trade Commission Act, California Consumer Privacy Act (CCPA), CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), Gramm-Leach-Bliley Act (GLBA), state consumer protection laws, security breach notification laws, and any Bevly-specific data handling requirements.

12. Disclaimer

THIS SITE, ITS CONTENT AND BEVLY ARE PROVIDED “AS IS” AND BOTH COBALT AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CLIENTS, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. COBALT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR BEVLY, OR UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR BEVLY. WE MAKE NO WARRANTY THAT THE SITE OR ITS CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. COBALT USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE SITE CONTENT, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT’S ACCURACY, CORRECTNESS OR RELIABILITY. COBALT OFFERS A SEARCH FEATURE WITHIN THE SITE. COBALT EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. COBALT ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT.

13. Limitation of Liability

IN NO EVENT SHALL COBALT OR ITS AFFILIATE PARTNERS BE LIABLE FOR ANY LOSS, CLAIM, DAMAGES, OR COST (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR LOST INFORMATION) ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, SOFTWARE, SERVICES, OR PRODUCTS, EVEN IF COBALT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COBALT BE LIABLE FOR LOSS OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. COBALT SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT OR PERFORMANCE OF THE SITE OR SERVICES, INCLUDING CLAIMS RELATED TO DEFAMATION, PRIVACY, TRADEMARK, PUBLICITY RIGHTS, OR DISCLOSURE OF CONFIDENTIAL INFORMATION.

THE FOREGOING EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL COBALT’S TOTAL LIABILITY UNDER THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

If you are dissatisfied with the Site, the Services, or any content provided, your sole and exclusive remedy is to discontinue use of the Site and Services.

14. Updates

Bevly may release updates for bug fixes, security patches, or new features. Only users with active subscriptions may access such updates.

15. Indemnification

You agree to indemnify and hold Cobalt officers, directors, employees and agents, harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from content you submit, post, transmit or otherwise make available through use of our services or products, your connection to our service or products, your violation of the Terms and Conditions, or your violation of any rights of another.

16. Termination and Cancellation

Cobalt, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service or products provided by Cobalt for violation of these Terms of Service. Termination will result in the deactivation or deletion of your account and access to your account, including the deactivation or deletion of all content in your account. Cobalt reserves the right to refuse services or products to anyone for any reason at any time, and terminate your account if deemed necessary. If you are dissatisfied with any aspect of our services or products and wish to terminate your account voluntarily, you may do so by contacting us.

17. Changes to the Terms of Service:

Cobalt reserves the right to change any of the terms and conditions contained in these Terms of Service or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Terms of Service. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Terms of Service whenever you visit one of our websites. Cobalt reserves the right to modify or discontinue, temporarily or permanently, the Bevly application and Services. Such notice may be provided at any time by posting the changes to these Terms of Service. Your continued use constitutes acceptance of the updated Terms.

18. Force Majeure

Cobalt will not be liable for any default or delay in the performance of its obligations under these Terms of Service if and to the extent such default or delay is caused by an event (including strike, lockout, labor dispute, power failure, equipment failure, system blackouts, inability to obtain materials, fire, flood, terrorism, pestilence, epidemics, pandemics, earthquake, elements of nature or acts of God, riots, or civil disorders (a “Force Majeure event”) beyond the reasonable control of such party. In the event of any such Force Majeure event Cobalt nonperforming party shall endeavor in good faith to circumvent the delay or default through the use of alternate sources, workaround plans or other means, as may be reasonably and commercially practicable under the circumstances.

19. Non-Disparagement and Defamation

You agree not to publish, post, or communicate any false, defamatory, misleading, or disparaging remarks, comments, or statements about Bevly, Cobalt, or its officers, employees, products, or services, whether orally or in writing, including via social media, online reviews, or third-party platforms.

Nothing in this clause prohibits you from expressing factual opinions or experiences, provided such statements are not knowingly false, malicious, or misleading in nature.

Bevly reserves the right to pursue legal action for defamation, trade libel, or reputational harm arising from false or malicious public statements, including claims for actual damages, loss of business, and attorneys’ fees.

20. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Connecticut, USA, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. The sole jurisdiction and venue for actions related to Terms of Service will be the state or federal courts located in Hartford, Connecticut, and both parties consent to the jurisdiction of such courts with respect to any such action. In any action or proceeding to enforce or interpret Terms of Service, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

21. Arbitration

Any controversy or claim arising out of or relating to these Terms of Service, or breach thereof, shall be settled by arbitration in Hartford, Connecticut. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Qualified arbitrators shall be selected by the Parties. Each Party shall have the right of discovery as set forth in the Federal Rules of Civil Procedure. The Arbitration shall be administered by an agency mutually acceptable to both Parties.

22. Assignment

You may not assign these Terms of Service and the rights and obligations hereunder may not be assigned, in whole or in part, without Cobalt’s prior written consent Any attempted transfer in violation hereof will be void and of no effect. These Terms shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

23. Independent Contractors

The parties shall be independent contractors under these Terms of Service, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

24. Consent to Electronic Communication

You agree that Cobalt, its affiliates and its third party subcontractors and/or agents, may use, in addition to any live agent calls, an automatic telephone dialing system, an artificial or pre-recorded voice, or both, to contact you at the telephone number(s) you have provided, and/or may leave a detailed voice message if you are unable to be reached, even if the number provided is a cellular or wireless number or if you have previously registered on a Do Not Call list or requested not to be contacted for solicitation purposes.

You consent to receiving commercial electronic messages, including e-mail messages, SMS and text messages, and telephone calls, from Cobalt, its affiliates and its third party sales contractors and/or agents.

25. Questions and Contact Information

• Email: support@bevly.co
• Phone: 860.270.0552
• Mailing Address:
  • 2264 Silas Deane Hwy, Suite 105
  • Rocky Hill, CT 06067
  • Attention: Legal

Last Modified: 02/11/2021