POS End-User License Agreement

 

FIREPAY POS – END USER LICENSE AGREEMENT

Last Updated: January 2025

This End User License Agreement (“Agreement”) is a legal agreement between you (“End User”, “You”, or “Your”) and FirePAY Inc., a division of Diadem Technologies (“Company”, “We”, “Us”, or “Our”), governing your use of the FirePAY POS software, including all related services, updates, and documentation (“Software”).

BY INSTALLING, ACCESSING, OR USING 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

The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software solely for your internal business operations in accordance with the terms of this Agreement.

2. Restrictions

You may not:

  • Modify, reverse engineer, decompile, or disassemble the Software.

  • Rent, lease, sell, sublicense, or otherwise transfer the Software to any third party.

  • Use the Software to operate a service bureau or provide it as a service to others without written consent.

  • Circumvent any security mechanisms or usage restrictions.

  • Use the Software for any unlawful purpose.

3. Ownership

The Software is licensed, not sold. The Company retains all rights, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not convey to you any rights of ownership in the Software.

4. Updates and Support

The Company may, from time to time, provide updates or enhancements to the Software. Such updates may be installed automatically. Support services may be provided at the Company’s discretion.

5. Data and Privacy

Your use of the Software is subject to the FirePAY Privacy Policy [insert URL]. You are responsible for complying with all applicable data protection and privacy laws in your jurisdiction.

6. Third-Party Services

The Software may enable access to third-party services or websites. The Company is not responsible for third-party content, services, or policies.

7. Term and Termination

This Agreement is effective until terminated. It may be terminated by:

  • You, by discontinuing use and uninstalling the Software.

  • The Company, if you fail to comply with any term of this Agreement.

Upon termination, you must cease all use of the Software and delete all copies in your possession.

8. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company from any claims, liabilities, damages, and expenses (including attorneys’ fees) arising out of your use of the Software or your violation of this Agreement.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of law principles.

12. Entire Agreement

This Agreement constitutes the entire agreement between you and the Company concerning the Software and supersedes all prior or contemporaneous communications.

13. Contact Information

If you have any questions about this Agreement, please contact:

Diadem Technologies LLC
165 Broadway                                                                                                                                                                                                                                                      23rd Floor                                                                                                                                                                                                                                                            New York, NY 10006

Email: legal@diademtechnologies.com
Phone: 877-274-6652
Website: https://firepay.app/pos