Pop-Up POS iPhone App License Agreement

1. Scope of License & Apple Standard EULA

This License Agreement (“Agreement”) is a legal contract between you (“Licensee,” “you,” or “your”) and TABL Service LLC (“Licensor,” “we,” “us,” or “our”), governing your use of the Pop-Up POS iPhone application (the “Software”), as distributed via Apple's App Store. By downloading, installing, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the Software.

1. License Grant. Subject to your compliance with this Agreement, Licensor grants you a non-exclusive, non-transferable, non-sublicensable, limited license to install and use the Software on Apple-branded products that you own or control and only as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Software is licensed, not sold.
2. Usage Rules & Device-Based Use. Except as permitted in the Usage Rules, you may not make the Software available over a network where it could be used by multiple devices simultaneously, or transfer, redistribute, or sublicense the Software. If you sell your device, you must first remove the Software.
3. Prohibited Actions. You may not copy (except as permitted by this license and the Usage Rules), reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software or any part thereof, except to the extent such activity is expressly permitted by applicable law.
4. Consent to Use of Data. You agree that Licensor may collect and use technical data and related information—such as technical details about your device, system software, and peripherals—to facilitate software updates, product support, and other services related to the Software. Data will be used in aggregated or anonymous form.
5. External Services. The Software may enable access to the internet, third-party services, or content (“External Services”). Use of External Services is at your own risk. Licensor is not responsible for third-party content, accuracy, or data collection practices.
6. Termination of License. The license is effective until terminated by you or Licensor. Your rights automatically terminate without notice if you fail to comply with any term of this Agreement.
7. Export Compliance. You may not use or export or re-export the Software except as authorized by U.S. law and the laws of the jurisdiction where you obtained it. By using the Software, you represent you are not located in any U.S.-embargoed country or on any restricted-party list.

2. Eligibility

Use of the Software is limited to registered business entities located and operating in one of the fifty (50) United States. By using the Software, you represent and warrant that you are authorized to act on behalf of such a business entity and that your use complies with all applicable laws and licensing obligations.

3. Payment Processing & Fees

1. Merchant Account Requirement. To process payments through the Software, you must create and maintain a merchant account with Stripe (the “Payment Processor”). Your use of Stripe's services is governed by Stripe's own terms and conditions, which you must review and accept. Licensor is not a party to your agreement with Stripe and does not control its fees or policies.
2. Fees.
   • The Pop-Up POS app is free to download and use.
   • No subscription, licensing, or recurring fees are charged by Licensor.
   • For each transaction processed through the Software, a $0.40 USD per-transaction fee is payable to Licensor. This fee is collected automatically after the payment has been processed by Stripe.
   • You remain responsible for Stripe's processing fees and any applicable taxes or government charges.
3. Taxes. You are solely responsible for all taxes, duties, and regulatory fees arising from your business transactions or your use of the Software.

4. Restrictions

You may not: copy, distribute, rent, lease, sell, sublicense, or otherwise transfer the Software or any rights to it; modify, adapt, translate, or create derivative works of the Software; attempt to circumvent or disable any security or reporting mechanism; or use the Software in violation of any law or regulation or in any fraudulent or deceptive manner.

5. Ownership

The Software is licensed, not sold. All intellectual-property rights—including copyrights, trademarks, trade secrets, and related rights—remain the sole property of Licensor and its licensors. All rights not expressly granted are reserved.

6. Data & Privacy

Licensor may collect limited technical and business-use data to improve functionality, support operations, and comply with applicable law. Personal or transactional data processed through Stripe are governed solely by Stripe's Privacy Policy. Licensor's privacy practices are detailed in the TABL Service LLC Privacy Policy.

7. Updates & Support

Licensor may, from time to time, release updates, patches, or enhancements. Unless accompanied by a separate license, such updates are governed by this Agreement. Apple Inc. has no obligation to provide maintenance or support for the Software. Support, if offered, will be provided solely by Licensor.

8. Termination

This Agreement is effective until terminated. You may terminate it by deleting the Software. Licensor may terminate your license or access to the Software immediately if you breach any term of this Agreement, fail to maintain an active Stripe merchant account, engage in unlawful or improper use of the Software, or if required to do so by law or by Apple policy. Upon termination, you must cease use and delete all copies of the Software.

9. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED. YOU ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SOFTWARE. (Some jurisdictions do not allow the exclusion of implied warranties; in such cases, these exclusions apply to the maximum extent permitted by law.)

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY EXCEED THE AMOUNT OF TRANSACTION FEES ACTUALLY RETAINED BY LICENSOR FROM YOU DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Licensor, its officers, employees, agents, and affiliates from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use or misuse of the Software, your violation of this Agreement, or your business transactions processed through the Software.

12. Apple Terms & Third-Party Beneficiary

This Agreement is between you and Licensor, not Apple Inc. However, you acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement; upon your acceptance, Apple Inc. has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Licensor, not Apple, is solely responsible for the Software, its content, maintenance, support, warranties (if any), and product-liability claims.

13. U.S. Government End Users

The Software and related documentation are “Commercial Items,” as defined in 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights granted to all other end users under this Agreement.

14. Governing Law & Venue

This Agreement and any disputes arising hereunder are governed by the laws of the State of New York, without regard to its conflict-of-law principles. Any action or proceeding shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the jurisdiction of such courts.

15. Entire Agreement

This Agreement constitutes the entire understanding between you and Licensor concerning the Pop-Up POS iPhone App and supersedes all prior agreements or communications, written or oral, regarding the subject matter.

16. Contact