FastOrder Clover Integration End-User License Agreement
This End-User License Agreement (the “Agreement”) is between the business or individual accepting it (the “Merchant”) and Quantek inc (“Quantek,” “Developer,” “App Provider,” “we,” or “us”). It governs the Merchant’s use of the FastOrder Clover integration and its related services and documentation (the “App”). This Agreement is solely between the Merchant and Quantek.
By selecting “Accept,” connecting a Clover merchant account, installing, or using the App, the person accepting confirms that they are authorized to bind the Merchant and agrees to this Agreement. If the Merchant does not agree, it must not connect or use the App.
1. The App and license
The App connects a Merchant’s FastOrder branches and registers to assigned Clover terminals. Depending on the approved region, merchant account, terminal, and enabled capabilities, the App supports attended card payments, pre-payment tips, cancellation requests, receipts, full refunds, supported voids, payment recovery, reconciliation, and reporting. Cash and card may fund separate portions of an order where supported.
During the term of this Agreement, Quantek grants the Merchant a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the App solely for the Merchant’s internal lawful business purposes. The Merchant may not sell, rent, sublicense, distribute, reverse engineer, decompile, modify, benchmark, create derivative works from, or attempt to obtain the App’s source code except where applicable law expressly permits it.
Quantek and its licensors retain all rights not expressly granted. No license to any trademark, service mark, logo, trade dress, or other intellectual property is granted except as required to use the App. The App may update automatically, require supported versions, and experience planned or unplanned maintenance. The Merchant is responsible for compatible Clover equipment, FastOrder equipment, Internet connectivity, and other services needed to use the App.
2. Fees, taxes, and payment processing
Quantek does not charge a fee to install or use the Clover App, and the App has no paid in-App features. Fees for FastOrder services outside the App are governed by the Merchant’s separate FastOrder service relationship and do not increase because the Merchant installs the App. Any future App Fee will be submitted to Clover for approval, disclosed in the Clover App Market, and collected through the Clover App Market. Clover hardware, payment processing, connectivity, and account fees are governed by the Merchant’s separate agreements with Clover, Fiserv, or its approved processor.
Customer card payments initiated through this App are submitted to Clover services for processing. Quantek does not receive the Merchant’s settlement funds. Approval, decline, authorization, settlement, disputes, chargebacks, and processing eligibility are governed by the Merchant’s payment-processing agreements. A local cancellation request or loading screen does not prove that a submitted transaction was canceled.
The Merchant is responsible for taxes applicable to its business and its use of FastOrder, except taxes based on Quantek’s income.
3. Term
This Agreement begins when the Merchant accepts, connects, installs, or first uses the App and continues until terminated. Existing FastOrder subscription terms remain governed by the Merchant’s separate written service agreement. Disconnecting Clover does not by itself cancel FastOrder or erase financial records.
4. Suspension and termination
The Merchant may stop new Clover collection, request disconnection, or request termination through FastOrder support. Quantek may suspend or terminate the App for a material breach, unlawful or unauthorized use, fraud or security risk, unavailable authorization, excessive or harmful use, a third-party service termination, or a legal or Clover requirement. Quantek will provide notice where reasonably practicable.
Unresolved financial operations may delay credential deletion or terminal release while their outcomes are reconciled. Historical payment records and the functionality needed for authorized refunds, receipts, reporting, legal retention, and support may continue after new payment collection stops. Any refund of FastOrder subscription charges is governed by the Merchant’s FastOrder service agreement and applicable law.
5. Confidentiality, data, and feedback
Each party will protect the other party’s non-public business, technical, customer, operational, and financial information using reasonable safeguards and disclose it only to personnel and service providers who need it to perform authorized obligations, in response to valid legal process, or as required by law. Confidential information excludes information lawfully known without restriction, independently developed, received lawfully from another source, or made public without breach.
Quantek will handle personal information as described in the FastOrder Clover integration privacy policy. Payment and audit records are used for App operation, recovery, reconciliation, reporting, security, and legal compliance. Feedback is optional and must not contain credentials or card data. Quantek may use non-confidential suggestions to improve the App without a compensation obligation.
6. Merchant account responsibilities
The Merchant must provide accurate account information, protect credentials, restrict staff access, assign only terminals belonging to its connected Clover merchant account, and promptly report suspected unauthorized access. The Merchant is responsible for its products, prices, taxes, customer notices, staff permissions, payment instructions, receipts, refunds, and accounting records.
The Merchant must not use the App for fraud, card testing, unlawful transactions, prohibited goods or services, malware, infringement, or activity that harms Clover, Quantek, another merchant, or a customer. The Merchant must not submit another tender for an uncertain payment until its outcome is resolved. The Merchant is responsible for backing up records it is legally required to retain independently of FastOrder.
7. Warranties, risk, and responsibility
The App is provided “as is” and “as available” to the extent permitted by law. Networks, terminals, and third-party services may fail or delay a result. Quantek does not warrant uninterrupted or error-free operation, a particular settlement time, or that the App will meet every Merchant requirement. Statutory warranties and liabilities that cannot lawfully be excluded remain unaffected.
The Merchant will be responsible for third-party claims and reasonable losses resulting from its unlawful use, misuse, or material breach of this Agreement, to the extent permitted by law. Quantek will remain responsible for obligations imposed on it by applicable law. To the extent permitted by law, neither party will be liable under this Agreement for indirect, incidental, special, punitive, or consequential damages or lost profits. Any additional agreed liability cap is stated in the Merchant’s FastOrder service agreement.
8. Communications and support
Quantek may deliver necessary service, account, security, payment-recovery, and legal notices electronically using the Merchant’s account contact details. Marketing communications are separate and subject to applicable consent requirements.
For setup, payment recovery, or support, email [email protected] or use the Quantek contact page. Do not send full card numbers, card security codes, passwords, private keys, or OAuth tokens.
9. Privacy obligations
Quantek processes Merchant Data and Personal Information on behalf of the Merchant to provide and secure the App, follow authorized Merchant instructions, and meet applicable legal obligations. Quantek will not sell personal information obtained through the App or use Clover Merchant or customer data for unrelated advertising. Collection, use, retention, and disclosure are limited to what is reasonably necessary and proportionate for the disclosed purposes.
The Merchant is responsible for its lawful authority to collect and instruct the processing of personal information, for providing required notices to customers and personnel, and for responding to requests concerning the Merchant’s own business practices.
10. Assistance with privacy requests and incidents
Quantek will reasonably assist the Merchant with verifiable access, correction, deletion, portability, restriction, and complaint requests applicable to information handled through the App. A request received directly from a Merchant’s customer or worker may be redirected to the Merchant. Quantek will inform the Merchant of a complaint, notice, or communication materially relating to the parties’ privacy obligations and will provide legally required incident notifications.
Records needed for financial reconciliation, fraud prevention, disputes, tax, accounting, or other legal obligations may be retained instead of deleted immediately. Privacy inquiries may be sent to [email protected].
11. General
Clover and its affiliates are not parties to this Agreement, do not license or provide the App, and are not liable for the Merchant’s use of the App. Quantek is solely responsible for the App’s support and maintenance. Separate Clover, Fiserv, and payment-processing agreements continue to apply.
Each party will comply with laws applicable to its performance. This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules. Subject to any mandatory dispute rights or a controlling written FastOrder service agreement, the courts located in Ottawa, Ontario have exclusive jurisdiction. The parties are independent contractors; this Agreement creates no agency, partnership, or joint venture.
If a provision is invalid or unenforceable, the remaining provisions continue in effect. Delay in enforcing a right is not a waiver. The Merchant may not assign this Agreement without Quantek’s written consent, except where applicable law provides otherwise. Quantek may assign it in connection with a reorganization, merger, financing, or sale of the relevant business, subject to applicable law.
Quantek may update this Agreement by changing its effective date and document version and providing legally required notice. Material changes may require renewed acceptance. Where Clover approval is required, Quantek will submit amended App Terms to Clover before publishing them through the Clover App Market.
Contact: Quantek inc, 2378 Holly Lane, Ottawa, Ontario K1V 7P1, Canada; [email protected].