This End User License Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and Brainbean Technolabs, the owner and operator of Smokecloud ("Company," "we," "us," or "our").

By installing, accessing, or using Smokecloud and its related services, including Clover POS integration (collectively, the "Software"), you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the Software.

1. License Grant

Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Software solely for your internal business operations.

This license does not grant you ownership of the Software or any intellectual property rights therein.

2. Restrictions

You agree NOT to:

• Modify, adapt, translate, or create derivative works of the Software
• Reverse engineer, decompile, or disassemble the Software
• Resell, lease, sublicense, or distribute the Software
• Use the Software for unlawful purposes
• Attempt to gain unauthorized access to the Software or related systems
• Circumvent security features or access controls

3. Clover POS Integration

Smokecloud may integrate with Clover POS systems and related third-party services.

You acknowledge that use of Clover services is subject to Clover’s own terms and policies.

Company is not responsible for outages, errors, or service interruptions caused by third-party providers.

Data synchronization depends on third-party system availability and accuracy.

4. User Data

You retain ownership of your business data, including transaction records and customer information uploaded to the Software.

You grant Company a limited license to process, store, and use your data solely for:

• Providing the Software services
• Improving functionality
• Generating analytics and reports

Company will implement commercially reasonable security measures but does not guarantee absolute security.

5. Fees and Payment

If applicable, access to the Software may require payment of subscription or service fees. Failure to pay fees may result in suspension or termination of access.

All fees are non-refundable unless otherwise stated in writing.

6. Updates and Modifications

Company may update, modify, or discontinue features of the Software at any time. Continued use of the Software after updates constitutes acceptance of those changes.

7. Term and Termination

This Agreement remains in effect until terminated.

Company may suspend or terminate your access if:

• You violate this Agreement
• Payment obligations are not met
• Required by law

Upon termination, your license to use the Software immediately ceases.

8. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE."

Company makes no warranties, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

9. Limitation of Liability

To the fullest extent permitted by law:

• Company shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or lost data.
• Company’s total liability under this Agreement shall not exceed the amount paid by you in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Company, its affiliates, officers, and employees from claims arising out of:

• Your misuse of the Software
• Your violation of this Agreement
• Your violation of applicable laws or third-party rights

11. Intellectual Property

All rights, title, and interest in the Software, including trademarks, logos, and proprietary technology, remain the exclusive property of Company.

12. Compliance With Laws

You agree to comply with all applicable local, state, federal, and international laws when using the Software.

13. Governing Law

This Agreement shall be governed by the laws of the State of Florida, without regard to conflict of law principles.

14. Entire Agreement

This Agreement constitutes the entire agreement between you and Company regarding use of the Software and supersedes all prior agreements or understandings.

15. Contact Information

If you have questions about this Agreement, please contact:

Brainbean Technolabs
809 N Pebble Beach Blvd, Sun City Center, Fl 33573
info@brainbean.us
+1 (917) 302 2646