1. Agreement and parties
This End User License Agreement (the “Agreement”) is between DomePath (“DomePath,” “Developer,” “we,” or “us”) and the business or individual accepting this Agreement (“Merchant” or “you”). This Agreement governs your use of the Coorder application for Apple devices, its supporting cloud services, and its Clover integration (collectively, the “Service”).
This Agreement is solely between you and DomePath. Clover Network, LLC, Fiserv, Inc., Apple Inc., and their respective affiliates are not parties to this Agreement and are not the licensor or provider of Coorder.
By installing, authorizing, accessing, or using the Service, you confirm that you have read and accepted this Agreement and have authority to bind the Merchant. If you do not agree, do not install, authorize, or use Coorder.
2. The Service
Coorder provides a visual order-management workspace for Apple devices. When authorized by a Merchant, Coorder connects to Clover to receive and synchronize operational order and menu information. Coorder can display orders, organize preparation through configurable workflows and Kanban views, map Clover items to Coorder inventory, and support restaurant order operations.
Clover continues to provide point-of-sale and payment services. Coorder does not process payments and is not a replacement for Clover’s payment or transaction records.
You are responsible for obtaining compatible Apple hardware, the Coorder Apple application, a supported Clover merchant account, Internet connectivity, and any other equipment or services required to use the Service.
3. License
Subject to this Agreement, DomePath grants the Merchant a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license during the term of this Agreement to use Coorder solely for the Merchant’s internal business operations.
You may not copy, sell, rent, lease, sublicense, distribute, host for third parties, reverse engineer, decompile, attempt to derive source code, circumvent security controls, create derivative works from, or use the Service beyond the rights expressly granted by this Agreement, except where a restriction is prohibited by applicable law.
DomePath and its licensors retain all rights not expressly granted, including rights in Coorder’s software, design, documentation, trademarks, and other intellectual property.
4. Accounts and authorization
You must provide accurate information, use an account you are authorized to control, and protect access to your Apple, Coorder, Clover, and related credentials. You are responsible for activity performed through your accounts and devices, except to the extent caused by DomePath’s breach of this Agreement.
You represent that you are authorized to install Coorder for the Clover Merchant ID you connect and to permit Coorder to process the associated Merchant data. You must promptly notify DomePath of suspected unauthorized access and disconnect or revoke the Clover authorization when access is no longer appropriate.
5. Acceptable use
You will not use the Service to:
- violate law, third-party rights, Clover requirements, Apple requirements, or applicable documentation;
- access a Merchant, account, order, or system without authorization;
- introduce malware, interfere with service operation, overload infrastructure, or bypass technical limits;
- upload unlawful, infringing, deceptive, harmful, or abusive content; or
- use Coorder to process payment card data, banking credentials, or other information that the Service is not designed to receive.
6. Clover, Apple, and third-party services
The Service interoperates with third-party products including Clover, Apple, Firebase, and Google Cloud. Your use of those products is governed by your separate agreements with their providers. DomePath does not control and is not responsible for third-party services, their availability, or changes they make to their systems.
Clover and its affiliates do not provide, license, warrant, support, or assume liability for Coorder. Apple is not responsible for maintenance or support of the Clover integration. Any claim concerning Coorder must be directed to DomePath, subject to applicable third-party platform terms.
7. Fees and taxes
Any fees applicable to the Clover integration will be disclosed through the Clover App Market or another method permitted by Clover and Fiserv. Any separate Apple application purchase or subscription will be disclosed through the Apple App Store. You authorize the applicable platform to collect disclosed charges under its payment terms.
You are responsible for applicable taxes other than taxes based on DomePath’s net income. Unless required by law or stated by the applicable platform, fees are non-refundable.
8. Merchant data and privacy
As between DomePath and the Merchant, the Merchant retains its rights in information it provides or directs Coorder to process (“Merchant Data”). You grant DomePath the limited right to host, transmit, transform, and otherwise process Merchant Data as necessary to provide, secure, maintain, and support the Service.
DomePath will process Merchant Data and personal information on behalf of the Merchant only to provide the Service, for compatible operational purposes, as directed by the Merchant, or as permitted by applicable law. DomePath will not sell Merchant personal information or use it for cross-context behavioral advertising.
Our information practices are described in the Coorder Privacy Policy, which forms part of this Agreement. The Merchant is responsible for its own privacy notices, legal basis, instructions, and responses to its customers’ or personnel’s privacy requests. DomePath will reasonably assist the Merchant with applicable requests based on the nature of the processing and information available to us.
9. Confidentiality
Each party may receive non-public business, technical, or operational information from the other. The receiving party will use reasonable safeguards, use that information only to perform under this Agreement, and disclose it only to personnel and providers who need it and are subject to appropriate obligations, or when required by law.
Confidential information does not include information that becomes public without breach, was lawfully known without restriction, is independently developed, or is lawfully obtained from another source.
10. Updates, maintenance, and availability
We may update Coorder, modify features, perform maintenance, or stop supporting older versions. Updates may be required to continue using the Service. We will use reasonable efforts to operate the Service, but synchronization can be delayed or interrupted by network conditions, Clover or Apple platform changes, maintenance, rate limits, inaccurate configuration, or events beyond DomePath’s reasonable control.
You should maintain appropriate operational procedures and any records required for your business. Coorder is not an accounting, tax, payment settlement, emergency, or legally mandated recordkeeping system.
11. Term, suspension, and termination
This Agreement begins when you first accept, install, authorize, access, or use the Service and continues until terminated.
You may stop using Coorder at any time. You should disconnect Coorder in the app and revoke its authorization through Clover. You may also delete your Coorder account in the Apple application or contact DomePath.
DomePath may suspend or terminate access if you materially breach this Agreement, use the Service unlawfully or fraudulently, create a security risk, exceed reasonable usage limits, fail to pay applicable fees, or if a necessary third-party platform relationship ends. Where reasonable, we will provide notice and an opportunity to cure.
Upon termination, the license ends. Provisions that by their nature should survive—including ownership, confidentiality, disclaimers, liability limitations, indemnity, and general terms—will survive.
12. Feedback
If you voluntarily provide suggestions or ideas about Coorder, you grant DomePath a perpetual, worldwide, royalty-free right to use them without restriction or compensation. Do not submit feedback you consider confidential.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” DOMEPATH DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
You are responsible for determining whether Coorder meets your operational, legal, and technical needs and for reviewing synchronized orders for accuracy. Some jurisdictions do not permit certain warranty exclusions, so parts of this section may not apply to you.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOMEPATH AND ITS AFFILIATES, PERSONNEL, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES; OR BUSINESS INTERRUPTION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOMEPATH’S TOTAL AGGREGATE LIABILITY ARISING FROM THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE FEES THE MERCHANT PAID TO DOMEPATH FOR THE SERVICE DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100.
These limitations apply regardless of the theory of liability and do not limit liability that cannot legally be limited.
15. Indemnification
To the extent permitted by law, the Merchant will defend and indemnify DomePath and its affiliates, officers, personnel, and agents from third-party claims, damages, costs, and reasonable legal fees arising from the Merchant’s unlawful use of the Service, Merchant Data, breach of this Agreement, or violation of another party’s rights. DomePath will provide reasonable notice and cooperation, and the Merchant may not settle a claim in a manner that admits fault or imposes non-monetary obligations on DomePath without written consent.
16. Governing law and disputes
This Agreement is governed by the laws of the State of New York, excluding conflict-of-law rules. Subject to applicable law, the state and federal courts located in Suffolk County, New York will have exclusive jurisdiction over disputes arising from this Agreement, and each party consents to that venue. EACH PARTY WAIVES A JURY TRIAL TO THE EXTENT THAT WAIVER IS PERMITTED BY LAW.
17. Changes to this Agreement
We may revise this Agreement to reflect changes to the Service, law, or platform requirements. We will update the date above and provide additional notice when required. Continued use after a revision becomes effective constitutes acceptance. If you do not agree, you must stop using and uninstall or disconnect the Service.
18. General terms
This Agreement and the referenced Privacy Policy are the entire agreement between the parties concerning the Service and replace prior terms on the same subject. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the rest will remain effective. A failure to enforce a provision is not a waiver.
You may not assign this Agreement without DomePath’s written consent. DomePath may assign it as part of a merger, reorganization, asset transfer, or by operation of law. The parties are independent contractors; this Agreement does not create an agency, partnership, franchise, fiduciary, or joint venture.
Notices may be delivered electronically through the Service, the email associated with an account, or this website. Section headings are for convenience only.