⚠️ DRAFT - UNDER LEGAL REVIEW
This document is a placeholder based on the Clover Terms of Service Template. It must be customized and reviewed by legal counsel before publication.
Action Required: Replace all [BRACKETED] placeholders with Next Rev-specific information.
Template Source: Clover EULA/Terms of Service Template
Next Rev Terms of Service
Last Updated: [DATE]
1. Acceptance of Terms
By accessing or using any Next Rev product or service, including Member Link, you ("Merchant", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.
Information you provide to Next Rev or your consumers provide is subject to Next Rev's Privacy Policy, which is accessible at https://nxtrev.com/privacy.
2. Services Description
Next Rev provides business software solutions, including:
2.1 Member Link
Member Link is a membership management application that integrates with Clover POS systems. The service includes:
- Web-based member management dashboard
- Android application for barcode scanning on Clover devices
- Automatic synchronization with Clover customer database
- Member tracking and status management
- [Automatic renewal processing - if applicable]
2.2 [Future Products]
[Descriptions of future Next Rev products will be added here]
3. Clover Integration
[IMPORTANT CLOVER REQUIREMENT] As required by Clover App Market Developer Terms:
- App fees, payments from the merchant for the use of Member Link, and merchant-customer payment processing must be implemented within either Clover or Fiserv or both
- Member Link integrates with your Clover account via OAuth authentication
- You grant Next Rev permission to access your Clover merchant data necessary for Member Link to function
- You are responsible for maintaining an active Clover merchant account
4. User Obligations
As a merchant using Next Rev services, you agree to:
- Provide accurate and complete information when setting up your account
- Maintain the security of your account credentials
- Use the service only for lawful purposes
- Comply with all applicable laws and regulations
- Not misuse or abuse the service
- Ensure you have necessary rights to data you upload (member information)
4.1 Member Link-Specific Obligations
When using Member Link, you additionally agree to:
- Obtain necessary consent from members before collecting their personal data
- Comply with privacy laws regarding member data (GDPR, CCPA, etc.)
- Ensure member data is accurate and up-to-date
- Not use member data for purposes unrelated to membership management
5. Payment Terms
[TO BE CUSTOMIZED based on pricing model]
- Pricing: [Free tier / Subscription fee / Usage-based pricing]
- Billing: [Monthly / Annual / One-time]
- Payment Method: [Through Clover billing system]
- Refunds: [Refund policy to be determined]
- Trial Period: [If applicable]
6. Intellectual Property
Next Rev retains all rights, title, and interest in and to the services, including:
- Software code and architecture
- User interfaces and designs
- Trademarks, logos, and branding (Next Rev, Member Link)
- Documentation and support materials
You retain ownership of your merchant data and member information. By using our services, you grant Next Rev a license to process and store this data solely for providing the services.
7. Data and Privacy
Our collection, use, and disclosure of your data is described in our Privacy Policy at https://nxtrev.com/privacy.
Data Ownership: You own all merchant and member data. Next Rev acts as a data processor.
Data Portability: You may export your data at any time through the service interface.
Data Deletion: Upon termination, we will delete your data according to our retention policies as described in the Privacy Policy.
8. Service Availability
[TO BE CUSTOMIZED]
- Uptime: We strive to maintain [XX]% uptime, but do not guarantee uninterrupted service
- Maintenance: We may perform scheduled maintenance with [notice period]
- Support: Support is available via support@nxtrev.com
9. Limitation of Liability
[TO BE CUSTOMIZED WITH LEGAL COUNSEL]
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Next Rev provides the services "AS IS" without warranties of any kind
- Next Rev shall not be liable for indirect, incidental, special, or consequential damages
- Next Rev's total liability shall not exceed [amount paid in past 12 months / specific dollar amount]
10. Indemnification
[TO BE CUSTOMIZED WITH LEGAL COUNSEL]
You agree to indemnify and hold harmless Next Rev from claims arising from:
- Your use of the services
- Your violation of these Terms
- Your violation of any law or regulation
- Your member data or how you collect/use it
11. Termination
11.1 By You
You may terminate your account at any time by [process to be determined].
11.2 By Next Rev
We may suspend or terminate your access if:
- You violate these Terms
- Your account is inactive for [time period]
- You fail to pay fees (if applicable)
- We discontinue the service (with [notice period])
11.3 Effect of Termination
Upon termination:
- Your access to the service will cease
- Data will be deleted according to our retention policy
- You may request data export before termination
- [Refund policy if applicable]
12. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by:
- Posting updated Terms on this page with new "Last Updated" date
- Sending email notification to your account email [if material changes]
Continued use of the service after changes constitutes acceptance of the new Terms.
13. Governing Law
[TO BE CUSTOMIZED]
These Terms shall be governed by the laws of [State/Country], without regard to conflict of law provisions.
14. Dispute Resolution
[TO BE CUSTOMIZED WITH LEGAL COUNSEL]
- Arbitration: [If requiring arbitration]
- Jurisdiction: [Specific courts/location]
- Class Action Waiver: [If applicable]
15. Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between you and Next Rev regarding the services.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
No Waiver: Failure to enforce any provision does not constitute a waiver.
Assignment: You may not assign these Terms without our consent. We may assign to any successor or affiliate.
16. Contact
For questions about these Terms, contact us:
Next Rev
Email: [legal@nxtrev.com or appropriate contact]
[Physical address if required]
Customization Checklist:
- [ ] Replace [DATE] with publication date
- [ ] Customize all [TO BE CUSTOMIZED] sections
- [ ] Determine pricing and payment terms (Section 5)
- [ ] Set service availability commitments (Section 8)
- [ ] Have legal counsel review liability limitations (Section 9)
- [ ] Have legal counsel review indemnification (Section 10)
- [ ] Define termination process and notice periods (Section 11)
- [ ] Determine governing law and jurisdiction (Section 13)
- [ ] Decide on dispute resolution approach (Section 14)
- [ ] Add physical address if required
- [ ] Set up legal@nxtrev.com email or appropriate contact
- [ ] Ensure compliance with Clover App Market Developer Terms
- [ ] Have legal counsel review entire document
- [ ] Remove all draft notices and brackets before publishing
Important Clover Requirements to Address:
- ✓ Payment processing must be through Clover/Fiserv (Section 3)
- ✓ Privacy Policy must be referenced (Section 1 and 7)
- ✓ Data handling must be clearly described
Resources: