Last updated: October 18, 2025
Parties & Acceptance
These Terms of Service (“Terms”) govern access to and use of the MarketBar platform, software, and services (collectively, “Service”) provided by MarketBar, Inc. (“MarketBar,” “we,” “us,” or “our”) to the subscribing business (“Merchant,” “you”). By installing, connecting to, or using the Service— including via the Clover App Market—Merchant agrees to these Terms. These Terms also serve as the End‑User License Agreement required by Clover for the MarketBar app. This Agreement is solely between you and MarketBar; Clover Network, LLC and its affiliates are not parties to these Terms and are not responsible for the App.
The Service
Functionality
MarketBar provides tools for dynamic pricing, promotional “market events,” display content, and analytics for beverage items
No Card Data
MarketBar does not process or store payment card data
Dependencies
Merchant must maintain an active Clover account and grant required API permissions for Inventory, Orders, Merchant (and Discounts if used).
Merchant Responsibilities
Configuration & Guardrails
Merchant controls item selection, base prices, minimum/maximum price limits, and discount rules
Content & Displays
Merchant is responsible for in‑venue displays and any marketing claims or promotions shown to patrons.
Access Credentials
OAuth tokens and API keys are confidential
Accurate Data
Merchant is responsible for accuracy of all item data (names, costs, taxes, prices) and for reviewing changes before or during events.
Subscriptions, Fees & Taxes
Subscription
Fees are billed per location unless otherwise agreed
Billing & Taxes
Fees are non‑cancelable and non‑refundable except as expressly stated
Trials & Promotions
Trial terms or guarantees (if any) are described in the sign‑up flow or Order Form and may be changed prospectively.
Data; Privacy; Security
Merchant Data
MarketBar processes Merchant Data (e.g., items, orders, discounts, merchant profile) solely to provide and improve the Service, and for aggregated, de‑identified analytics.
Security
MarketBar uses reasonable administrative, technical, and physical safeguards; OAuth/Access tokens are encrypted at rest.
Privacy Policy
The Privacy Policy (incorporated by reference) describes how we collect and use data.
Intellectual Property & License
License to Merchant
Subject to these Terms, MarketBar grants Merchant a limited, non‑exclusive, non‑transferable license to use the Service during the subscription term.
Feedback
Suggestions may be used by MarketBar without restriction.
Service Levels; Modifications
Availability
MarketBar will use commercially reasonable efforts to provide reliable Service but may perform maintenance or modify features.
Beta Features
Beta or preview features are provided “AS IS” without warranties and may change or end at any time.
Compliance & Laws
Merchant represents it holds all licenses/permits to sell alcohol and will comply with laws governing pricing, promotions, taxes, and consumer protection. Merchant determines whether dynamic pricing, discounts, or “market events” are permitted in its jurisdiction and configures guardrails accordingly.
Disclaimers
THE SERVICE IS PROVIDED “AS IS.” MARKETBAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT ANY PARTICULAR REVENUE OUTCOME OR DISTRIBUTOR AGREEMENT; EXAMPLES ARE ILLUSTRATIVE ONLY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETBAR’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS PAID BY MERCHANT TO MARKETBAR IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. MARKETBAR WILL NOT BE LIABLE FOR LOST PROFITS, LOST SALES, BUSINESS INTERRUPTION, OR INDIRECT/CONSEQUENTIAL DAMAGES.
Indemnification
Merchant will defend and indemnify MarketBar against claims arising from (a) Merchant’s configuration or use of the Service; (b) promotions or representations made by Merchant; (c) violation of law; or (d) disputes with patrons or distributors.
Term & Termination
Either party may terminate for material breach if not cured within 30 days after written notice. MarketBar may suspend the Service for non‑payment or risk to the Service. On termination, access ends and we may delete Merchant Data after a reasonable retention period.
Confidentiality
Each party will protect the other’s confidential information with reasonable care and use it only as permitted under these Terms.
Governing Law; Dispute Resolution
These Terms are governed by the laws of [STATE/COUNTRY], without regard to conflicts rules. Disputes will be resolved by binding arbitration in [CITY, STATE] under the rules of [ARBITRATION BODY]. Each party waives class actions to the maximum extent permitted by law.
Miscellaneous
Assignment with consent (not unreasonably withheld). Notices by email are effective upon sending. If any provision is unenforceable, the remainder stays in effect. These Terms (and any Order Form) are the entire agreement and may be updated prospectively by posting revised terms.
Contact: MarketBar, Inc., jhoneck82@gmail.com