End User License Agreement (EULA)

1. Introduction

Parties: This Agreement is between Consolidated Delivery Group, Inc. dba CDGcommerce ("CDGcommerce") and the Merchant.
Purpose: This EULA governs the use of software applications provided by CDGcommerce.

2. SMS Messaging & Compliance

By opting in to receive SMS messages from CDGcommerce, you agree to receive messages at varying frequencies. Carrier fees and data rates may apply. For details on how we handle your data, please review our online privacy policy. You may send "START" to opt in again, "HELP" for assistance, or "STOP" at any time to end these communications.

3. License Grant

Scope of License: CDGcommerce grants the Merchant a non-exclusive, non-transferable, limited license to use the software.
Usage Limits: The license may be subject to usage limits as defined by CDGcommerce.

4. Restrictions

Prohibited Uses: The Merchant shall not use the software for any illegal purposes or in any manner inconsistent with this EULA.
Modification and Reverse Engineering: The Merchant is prohibited from modifying, reverse engineering, or otherwise tampering with the software.

5. Intellectual Property Rights

Ownership: All intellectual property rights in the software are owned by CDGcommerce.
No Transfer of Rights: This EULA does not transfer any intellectual property rights to the Merchant.

6. Liability Disclaimer

No Warranties: The software is provided "as is" without any warranties, express or implied.
Limitation of Liability: CDGcommerce shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this EULA or the use of the software.

7. Indemnification

The Merchant agrees to indemnify and hold harmless CDGcommerce from any claims, damages, liabilities, costs, and expenses arising from the Merchant's use of the software.

8. Termination

Breach of EULA: This EULA will terminate immediately without notice if the Merchant fails to comply with any term or condition.
Effect of Termination: Upon termination, all rights granted to the Merchant under this EULA will cease.

9. General Provisions

Governing Law: This EULA shall be governed by the laws of the State of Florida.
Entire Agreement: This EULA constitutes the entire agreement between the parties and supersedes all prior understandings.
Amendment: This EULA may only be amended in writing signed by both parties.

10. Acknowledgement

By using the software, the Merchant acknowledges that they have read this EULA, understand it, and agree to be bound by its terms and conditions.