Terms & Conditions of Use
Last Updated: July 15, 2024
1. Introduction
These Terms of Service (as updated from time to time, “Terms”) between you (including your authorized employees and agents) and GlobPey LLC and affiliates as applicable, (“GlobPey”) govern your access to and use of GlobPey’s products and services (collectively, “GlobPey Services”). Any of your obligations set out in these Terms relating to the use of a Device or of the GlobPey Services are in addition and not in substitution of any other obligations imposed on you by any Authorized Provider under any separate agreement covering purchase or lease of such Device or GlobPey Services.
2. Accepting the Terms; Use of the GlobPey Services
2.1 You accept these Terms when you use any of the GlobPey Services or click to accept these Terms (where this option is made available to you). Your acceptance of these Terms creates a contract between you and GlobPey. You cannot use the GlobPey Services if you do not accept the Terms. When you accept the Terms on behalf of your business, you represent to GlobPey that you have the authority to use the GlobPey Services and to bind the business to the Terms.
2.2 After you accept the Terms, GlobPey will give you credentials to create a GlobPey Account. You shall provide GlobPey with accurate, current, and complete information about you and your business (Account Information) and update your Account Information promptly after any changes. GlobPey may terminate your GlobPey Account and your access to the GlobPey Services if your Account Information is inaccurate or incomplete.
2.3 The GlobPey Services may provide you with access to the GlobPey App Market and links to software applications that you may obtain from GlobPey or third-party developers (each, an App) through the GlobPey Services. Although third-party Apps may interface or function with the GlobPey Services, these Apps are not part of the GlobPey Services; App developers provide Apps directly to you. You must enter into separate agreements with the App developers to use the Apps. You are solely responsible for your use of all Apps, compliance with corresponding agreements for Apps, and any associated fees or charges for the Apps. You use Apps at your own risk. Some GlobPey Services and applications may have additional terms that you must agree to before you can use them.
3. Grant of License
GlobPey grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign in any way, to access and use the GlobPey Services for your internal business use solely to manage your business and/or conduct associated point of sale activities in accordance with these Terms.
4. Restrictions
4.1 You agree not to, and will not permit others to:
a. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the GlobPey Services or make the GlobPey Services available to any third party.
b. Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the GlobPey Services.
c. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of GlobPey or its affiliates, partners, suppliers or the licensors of the GlobPey Services.
d. Use the GlobPey Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the GlobPey Services, or any servers or networks connected to the GlobPey Services or GlobPey’s security systems.
e. Use the GlobPey Services for any illegal purpose, or in violation of any local, state, national, or international law, including laws governing intellectual property and other proprietary rights, data protection and privacy.
5. Other Requirements and Limitations
5.1 System Requirements: Use of the GlobPey Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the GlobPey Services involves hardware, software, and Internet access, your ability to use such Services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
5.2 Limitations on Use: You agree to use the GlobPey Services only for purposes as permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. GlobPey reserves the right to modify or impose any limitations on the use of the GlobPey Services at any time, with or without notice to you.
5.3 No Unlawful Use: You agree that you will not use the GlobPey Services in any manner that is unlawful, or harms GlobPey, its service providers, suppliers, or any other user. You will not use the GlobPey Services in any manner that could damage, disable, overburden, or impair the GlobPey Services.
6. Communicating with Customers
6.1 Customer Communication: By using the GlobPey Services, you agree that GlobPey can communicate with you electronically. This includes any legal communication, notices, agreements, and other information related to the GlobPey Services. GlobPey may also send promotional communications to you, unless you have told us that you do not wish to receive them.
6.2 Electronic Notices: If you have a GlobPey account, we may notify you by posting a notice in your account, or by sending an email to the email address then associated with your account. Notice will be considered received by you within 24 hours of the time a notice is either posted to your account or emailed to you unless we receive notice that the email was not delivered.
6.3 Telephone Communications: If you provide us with your phone number, you agree that we may call you at this phone number to service your GlobPey account. You also agree that we may record and monitor calls for quality and training purposes.
7. Third Party Services
7.1 General: The GlobPey Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.
7.2 Third Party Software: If you are using GlobPey software such as an API, developer’s toolkit, or other software application that you have downloaded to your computer, device, or other platform, then GlobPey hereby grants you a personal, worldwide, non-assignable, non-exclusive, revocable license to use such GlobPey software solely to access the GlobPey Services. Your license to use GlobPey software will end on the earlier of your no longer using the GlobPey Services or GlobPey terminating the GlobPey Services. You must not reverse engineer or decompile the GlobPey software, nor attempt to do so, nor assist anyone else to do so. GlobPey may update the GlobPey software automatically when a new version is available.
8. Maintenance
8.1 Scheduled Maintenance: GlobPey may need to perform maintenance on or upgrade the GlobPey Services or the underlying infrastructure that enables you to use the GlobPey Services. This may require GlobPey to temporarily suspend or limit your use of some or all of the GlobPey Services until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an emergency or legal requirement dictates otherwise, GlobPey will provide you with reasonable notice of any such suspension or limitation.
8.2 Unscheduled Maintenance: GlobPey may also need to perform unscheduled maintenance. If this happens, GlobPey will do its best to minimize the impact of any such maintenance on your use of the GlobPey Services.
9. Fees
9.1 Fees for Services: You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. GlobPey reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the GlobPey Services. Your use of the GlobPey Services following such notification constitutes your acceptance of any new or increased charges.
9.2 Taxes: All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
9.3 Non-Payment: GlobPey reserves the right to suspend or terminate your access to the GlobPey Services and any related services if there are overdue, unpaid fees.
10. Term and Termination
10.1 Term: These Terms will remain in full force and effect while you use the GlobPey Services. You may terminate your use of the GlobPey Services or your account for any reason by contacting GlobPey.
10.2 Termination by GlobPey: GlobPey may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if GlobPey determines that you have violated any provision of these Terms or that your conduct or content would tend to damage GlobPey’s reputation and goodwill. If GlobPey deletes your account for these reasons, you may not re-register for the GlobPey Services. GlobPey may block your email address and Internet protocol address to prevent further registration.
10.3 Effect of Termination: Upon termination, all licenses granted by GlobPey will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. GlobPey shall not be responsible for the loss of such content.
11. Privacy & Data Use
11.1 Collection of Information: GlobPey LLC collects, stores, and uses data collected from you in accordance with its Privacy Policy. The data we collect includes personal data, such as your name, email address, and other information that you provide us by using our services.
11.2 Use of Information: We use the information we collect to provide, maintain, protect and improve the GlobPey Services, to develop new ones, and to protect GlobPey and our users. We also use this information to offer you tailored content, such as giving you more relevant search results and ads.
11.3 Sharing of Information: We do not share personal information with companies, organizations and individuals outside of GlobPey unless one of the following circumstances applies:
-
With your consent: We will share personal information with companies, organizations or individuals outside of GlobPey when we have your consent to do so.
-
For legal reasons: We will share personal information with companies, organizations or individuals outside of GlobPey if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request.
11.4 Data Protection: GlobPey LLC implements security measures designed to protect your information from unauthorized access, disclosure or accidental loss or destruction of Nonpublic Personal Information. We utilize reasonable and appropriate physical, technical, and administrative procedures and measures to safeguard the information we collect and use.
12. Protecting Information
12.1 Security Measures: GlobPey LLC takes the security of your information very seriously. We use technical and administrative security measures such as but not limited to firewalls, encryption techniques, and authentication procedures, among others, to work towards maintaining the security, integrity, and availability of your data.
12.2 Data Breach Procedures: In the event of a data breach, GlobPey LLC will take appropriate measures to secure data, mitigate potential harm, and notify affected users and necessary authorities in accordance with applicable laws and regulations.
12.3 User Responsibility: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify GlobPey LLC immediately if you suspect or become aware of any unauthorized use of your account or any other breach of security.
13. Intellectual Property
13.1 Ownership: All intellectual property rights in and to the GlobPey Services, including but not limited to logos, designs, text, graphics, images, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “GlobPey Content”), are the proprietary property of GlobPey LLC or its licensors with all rights reserved.
13.2 License to Use: No GlobPey Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without GlobPey LLC’s prior written permission. You are granted a limited license to access and use the GlobPey Services and the GlobPey Content and to download or print a copy of any portion of the GlobPey Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
13.3 User Content: You grant GlobPey LLC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the GlobPey Services.
14. GlobPey LLC Services Disclaimer
14.1 No Warranty: The GlobPey Services are provided on an “as is” and “as available” basis. Use of the service is at your own risk. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, GlobPey LLC, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.
14.2 Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall GlobPey LLC, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service.
15. Your Responsibilities
15.1 Account Security: You are responsible for maintaining the confidentiality of your GlobPey LLC account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
15.2 Legal Compliance: You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the GlobPey Services.
15.3 User Content: You are solely responsible for all content and activity that occurs on your account, even when content is posted by others who have accounts under your account. You must ensure that all content published on your account complies with applicable copyright laws.
15.4 Respect for Others: You agree not to engage in any activity that interferes with or disrupts the GlobPey Services or the servers and networks which are connected to the GlobPey Services.
16. Limitations on Liability and Damages
16.1 Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall GlobPey LLC, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the GlobPey Services.
16.2 Maximum Liability: Without limiting the foregoing, in no event will GlobPey LLC’s aggregate liability to you exceed, in total, the amounts paid by you to GlobPey LLC.
16.3 Disclaimer: GlobPey LLC is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the GlobPey Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the GlobPey Services.
17. Indemnity
17.1 Indemnification: You agree to indemnify, defend, and hold harmless GlobPey LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the GlobPey Services, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
17.2 Cooperation: GlobPey LLC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
18. Representation and Warranties
18.1 User Representations: You represent and warrant that you have the full power and authority to enter into these Terms and that they are binding upon you and enforceable in accordance with their terms. You further represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the GlobPey Services.
18.2 No Conflict: You represent and warrant that the execution of these Terms, the provision of services, and the performance of such services and other obligations under these Terms, and the compliance with the provisions of these Terms, will not conflict with, or result in a breach of, any terms, conditions, or provisions of any other agreement or instrument to which it is a party.
18.3 Warranty Disclaimer: GlobPey LLC makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services. GlobPey LLC does not represent or warrant that the use of the services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data.
19. Consent to Electronic Communication
19.1 General Consent: By using the GlobPey Services, you consent to receiving electronic communications from GlobPey LLC. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the GlobPey Services. These electronic communications are part of your relationship with GlobPey LLC. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
19.2 Privacy: Your privacy is important to us. Please read the GlobPey LLC Privacy Policy as it contains important information regarding your personal data. The GlobPey LLC Privacy Policy is hereby incorporated into these Terms by reference.
20. Amendment
20.1 Changes to Terms: GlobPey LLC reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the GlobPey Services following the posting of changes will mean that you accept and agree to the changes.
20.2 Notification: Any changes to these Terms will be effective immediately upon posting on this page, with an updated effective date. By accessing the GlobPey Services after any changes have been made, you signify your agreement on a prospective basis to the modified Terms and all of the changes.
21. Assignment
21.1 No Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without GlobPey LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
21.2 GlobPey LLC’s Assignment: GlobPey LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
22. General Provisions
22.1 Entire Agreement: These Terms constitute the entire agreement between you and GlobPey LLC and govern your use of the GlobPey Services, superseding any prior agreements between you and GlobPey LLC with respect to the GlobPey Services.
22.2 Governing Law: These Terms will be governed by the laws of the State of [Your State] without regard to its conflict of laws provisions.
22.3 Waiver and Severability: The failure of GlobPey LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
22.4 Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the GlobPey Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Contacting GlobPey LLC
If you have any questions about these Terms, please contact GlobPey LLC at:
GlobPey LLC 6275 W. Plano Parkway, Suite 500, Plano, Texas 75093; Email: support@globley.com