Effective Date: July 23, 2026 · Stock Count Scanner by Thomas Bailey
Please read this End User License Agreement ("Agreement") carefully before installing or using Stock Count Scanner. By installing or using the application, you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the application.
This End User License Agreement ("Agreement") is between Thomas Bailey ("Developer") and you, the merchant ("Merchant" or "you") installing or using Stock Count Scanner (the "App") on the Clover Point of Sale system ("Clover POS"). This Agreement is effective as of the date you install the App.
The App is a Clover POS application that enables merchants to conduct inventory counts by scanning barcodes, tallying item quantities, reviewing discrepancies between counted and on-hand stock levels, and pushing updated inventory quantities to Clover's inventory system. The App syncs with your existing Clover item catalog so inventory data remains consistent.
Subject to the terms of this Agreement, Developer grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App solely for your internal business operations on supported Clover POS devices.
You may not: (a) copy, modify, or distribute the App; (b) reverse engineer, decompile, or disassemble the App; (c) sublicense, sell, rent, or transfer the App or any rights in the App to any third party; or (d) use the App in violation of any applicable law or regulation.
You agree to pay Developer a monthly subscription fee of $14.99 per month for access to the App. Fees are automatically collected through the Clover App Market billing system on your regular Clover billing cycle.
You agree that all fees are non-refundable except as expressly required by applicable law. Developer reserves the right to modify the subscription fee upon reasonable notice. Continued use of the App after any fee change constitutes your acceptance of the new fee.
If you believe there has been a billing error, you must notify Developer within 120 days of the date of the billing statement on which the error appears. Failure to notify Developer within this period constitutes your waiver of any claim related to that billing error.
This Agreement begins on the date you install the App and continues on a month-to-month basis until terminated by either party. There is no minimum term or long-term commitment.
Developer may suspend or terminate your access to the App immediately if: (a) you breach any provision of this Agreement; (b) you fail to pay fees when due; (c) your Clover merchant account is suspended or terminated; or (d) Developer determines, in its reasonable discretion, that continued access poses a risk to Developer, other merchants, or the Clover platform.
You may terminate this Agreement at any time by uninstalling the App through the Clover App Market. Termination will take effect at the end of the then-current billing period. No refund will be issued for any portion of a billing period following termination.
Upon termination, the license granted under this Agreement will immediately cease and you must discontinue all use of the App. Developer may retain aggregated, anonymized data derived from your use of the App after termination.
Each party agrees to keep confidential any non-public information of the other party disclosed in connection with this Agreement and not to disclose such information to any third party without prior written consent, except as required by law.
Developer may use data generated through your use of the App to: (a) provide and improve the App and related services; (b) conduct internal research and analytics; and (c) generate aggregated, anonymized reports that do not identify you or your customers individually.
Your use of the App is also subject to Developer's Privacy Policy, which is incorporated into this Agreement by reference. Developer's Privacy Policy describes how Developer collects, uses, and shares data in connection with the App.
If you provide Developer with any feedback, suggestions, or ideas regarding the App ("Feedback"), you grant Developer a perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate such Feedback into the App or other products and services without any obligation to you.
You are responsible for maintaining the security and confidentiality of your Clover merchant account credentials. You are responsible for all activity that occurs under your account, including use of the App by your employees. You agree to notify Developer immediately of any unauthorized use of your account.
Developer is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
DISCLAIMER OF WARRANTIES. THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DEVELOPER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Developer and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the App; (b) your violation of this Agreement; or (c) your violation of any applicable law or the rights of any third party.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEVELOPER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE APP, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEVELOPER'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO DEVELOPER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
By installing and using the App, you consent to receive communications from Developer electronically, including by email or through notices posted within the App or on our website. You agree that all agreements, notices, disclosures, and other communications that Developer provides electronically satisfy any legal requirement that such communications be in writing.
Developer will comply with all applicable privacy laws and regulations in connection with the App, including the California Consumer Privacy Act ("CCPA") and any other applicable data protection laws.
Developer does not sell personal information, as defined under the CCPA, to third parties. Developer will not sell personal information collected through the App without your prior consent and appropriate notice to affected individuals.
To the extent required by applicable law, Developer will assist you in responding to requests from individuals exercising their data subject rights (such as rights of access, correction, deletion, or portability) with respect to personal data processed by the App on your behalf.
Requests related to personal data processed by the App should be directed to Developer at tbwdds@gmail.com. Developer will respond to such requests within the time periods required by applicable law.
Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in Suffolk County, New York, and you hereby consent to personal jurisdiction in those courts.
Jury Trial Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.
Assignment. You may not assign this Agreement or any rights or obligations hereunder without Developer's prior written consent. Developer may assign this Agreement without your consent in connection with a merger, acquisition, sale of assets, or operation of law. Any purported assignment in violation of this section is void.
Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Developer with respect to the App and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the App.
Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
Waiver. Developer's failure to enforce any right or provision of this Agreement will not be considered a waiver of that right or provision.
Contact. If you have any questions about this Agreement, please contact Developer at: Thomas Bailey · tbwdds@gmail.com