Terms and Conditions
In these terms and conditions, the words “Cobalt,” “Bevly,” “us,” “we,” and “our,” refer to our company, Cobalt Payments Inc and our website(s), www.Bevly.co, www.cobaltconnect.net, www.cobaltpays.com, or our service, Bevly Web application, Bevly Android Application, or Bevly API as is appropriate in the context of the use of the words. “you” and “your” refer to you.
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 SERVICES. 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.
Agreement for the Use of Market Data
Cobalt and its’ Affiliate Partners agree to provide in electronic form the products information each month. This agreement is for the merchant’s location mentioned in merchant processing agreement as well as affiliate partner agreement and it is understood by the store owner that this data is to be used in conjunction with his/her Cobalt point of sale system only and none of this data in whole or in part will be republished without the expressed written consent of Cobalt and its affiliate partners. In addition, this data may not be used, copied, distributed to any location even if the store is owned by the person/company that has signed this agreement. In the event the store owner inadvertently distributes the Market Data with the prior written consent of Cobalt and its partner affiliates, the store owner will be responsible for the cost of the data. Additionally, penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to all damages to Cobalt and its Affiliate Partners. The court can, in its discretion, also assess costs and attorneys’ fees.
Limitation of Liability
In no event shall Bevly 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 or related to of the use of or inability to use our site, software application, services or products, even if Bevly has been advised of the possibility of such damages. In no event will Bevly be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Bevly shall have no liability with respect to the content of the site, services or products or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The foregoing exclusions apply to the extent permitted by applicable law in the applicable jurisdiction. Bevly’s aggregate liability under or in connection with the terms and conditions will be limited to the amount paid for the services or products, if any. This limitation will apply even in the event of a fundamental or material breach of this terms and conditions.
In the event of any problem with this website, software application, the products or services provided, you agree that your sole remedy is to cease using this website or said products or services provided. Bevly is not liable to you or to third parties for any damage, harm, injury or claim that arises from your use of any services or products purchased from our site.
Registration Market Data and Account Security:
In consideration of your use of the Site and/or application, you agree to:
- provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”);
- maintain and promptly update the Registration Data, and any other information you provide to Cobalt, to keep it accurate, current and complete;
- When you register to create an account on the Site (“Bevly User ID”), you will be provided a username and a temporary password.
- maintain the security of your password and identification;
- notify Cobalt immediately of any unauthorized use of your account or other breach of security;
- accept all responsibility for any and all activities that occur under your account; and
- accept all risks of unauthorized access to the Registration Data and any other information you provide to Cobalt.
Obligations for Bevly Users.
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 Services; (iii) attempt to decipher, decompile, disassemble or reverse engineer any of the software application used to provide the Site or Services; (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 Services 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.
Ownership and Liability
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products and services are property of Bevly. Our products are provided “as is” without warranty of any kind, either expressed or implied.
All elements of the Site and software application are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
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:
- using any data mining, robots or similar data gathering or extraction methods;
- manipulating or otherwise displaying the Site or its content by using framing or similar navigational technology;
- registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Cobalt or Client product or service if you are not expressly authorized by such party to do so; and
- using the Site or its content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
This site and its content are provided “as is” and both Cobalt and Client 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 and Client will not be liable for any damages of any kind arising from the use of this Site or its content, 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 its content. 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 and Client explicitly disclaim 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. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
- You will comply with Bevly’s Policies, Acceptable Use Policy, as may be updated from time to time in Bevly’s sole discretion.
- You will comply with applicable Payment Card Industry (“PCI”) security regulations, and will notify Bevly, and the payment processing services listed in Section 6 of this Addendum, in the event that the status of your PCI compliance changes. Bevly 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.
- You agree that third-party POS providers will have the right to share general account information about your account with Bevly, 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. Bevly shall use such information solely to optimize operations between the Bevly & POS platforms. Bevly will not use this information for any purpose other than as stated in this Section 3(d), and will only share this information with its affiliate partners. When you terminate your account with or are removed from the POS Platform, Bevly will delete this information within a reasonable period of time.
Payments and Price Changes
Bevly software application is made available to you through a monthly subscription. If you subscribe to the Application, you must pay the monthly fee in advance to access and use the Application. Fees are described in the applicable Program Details on our Company’s website or the third party service from which you accessed the Bevly Application. All fees charged will be processed through the Clover App market. The first monthly fee will start to accrue as of the first day immediately following any trial period (if applicable). The fees do not include any taxes or duties of any kind, and you will be solely responsible for all such taxes. All fees are quoted in and payable in U.S. dollars. Company reserves the right to suspend your access to and use of the Application if you fail to pay any undisputed amount owed on or before its due date.
Bevly reserves the right to modify or discontinue, temporarily or permanently, Bevly application and Services. Such notice may be provided at any time by posting the changes to the Bevly Terms and Conditions.
Promotions and Limited Offers
Waived Monthly Fee Promotion Terms
The Contract Period is a two (2) years minimum commitment starting at the date of the equipment installation. One (1) Bevly license subscription per approved merchant location. Throughout the entire Contract Period, Approved Merchants must continue processing all credit card transactions through a Clover Point of Sales device purchased from Cobalt.
If Approved Merchant cancels before the Contract Period is satisfied, Merchant will be charged an early termination fee.
Termination fee is determined by the entire contract period multiplied by the monthly subscription fee before any discounts or promotional price.
Although we don’t think you’ll ever want a refund, we gladly refund your purchase if it’s requested within 15 days. No refunds will be given after 15 days from the initial purchase under any circumstances.
Updates will be released as often as needed for bugfixes, compatibility, and/or feature additions. These updates are only available to customers who have paid for and have an active subscription with Bevly.
You agree to indemnify and hold Bevly 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.
Termination and Cancellation
Bevly 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 Bevly for violation of the Terms and Conditions. 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. Bevly reserves the right to refuse services or products to anyone for any reason at any time, refund your payment 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.
Clover and its affiliates are not responsible or liable to you in any way with respect to your use of the Bevly Application.
Newsletter and Email
Bevly may on occasion send you email notifications related to your plugin licenses. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your account.
Changes to Site Terms:
Cobalt reserve the right to change any of the terms and conditions contained in the Site Terms 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 Site Terms. 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 Site Terms whenever you visit one of our websites.
Questions and Contact Information:
Questions or comments about the Site or Site Terms may be directed to Cobalt at: firstname.lastname@example.org or by calling: 1.866.977.3888
Last Modified: 5/11/2021
2075 Silas Deane Hwy, Rocky Hill CT