End User License Agreement and Terms of Service for OCHEF POS
Last updated: October 20, 2026
This End User License Agreement and Terms of Service (the “Agreement”) is between you, the merchant (“you” or “Merchant”), and 9394-3496 Québec inc., doing business as Ô Chef (“Developer” or “App Provider”). You and the Developer are the only parties to this Agreement.
The “App” means OCHEF POS (Clover App ID 5ED6CY57HJPCM), including its software, services, documentation and related intellectual property.
By clicking “Accept”, or by downloading, installing, copying or using the App, you agree to this Agreement. If you do not agree, click “Decline” and do not use the App.
1. The App
1.1 Description
OCHEF POS is a semi-integrated point-of-sale web application. It manages products, cart, taxes, receipts, loyalty points and sales and cash reports. It sends payment requests to a Clover device through the Clover REST Pay Display API (Cloud Pay Display) and records the result. Supported transactions: sales, full and partial refunds, and automatic void of partially approved payments. Tips are not supported. Card data is entered and handled only on the Clover device.
1.2 License
The Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the App for your internal business purposes during the Term. You may not distribute, sublicense, modify, reverse engineer, copy, benchmark or create derivative works of the App, or attempt to derive its source code. All other rights are reserved to the Developer and its licensors. You must keep all proprietary notices.
1.3 Updates and availability
The App may be updated automatically, and you may be required to accept updates to keep using it. The App may be interrupted for maintenance, and support for older versions may end. You are responsible for your own equipment, devices and internet connection.
2. Fees
The App is currently provided free of charge: the Developer charges no subscription or transaction fee. Payment processing fees are charged by Clover and your payment processor under your agreements with them.
If the Developer introduces fees, it will give you at least 30 days’ notice; fees will be collected through Clover billing, and you may terminate before they apply. You will then be responsible for any sales, use, excise or similar taxes on those fees, excluding taxes on the Developer’s income. Billing errors must be reported within 120 days after they appear on an invoice; after that period, you release the Developer from any liability for related Losses.
3. Term
This Agreement starts when you accept it, or download, install, copy or use the App, and continues month to month until terminated.
4. Suspension and termination
4.1 By the Developer
The Developer may suspend or terminate your access promptly in case of breach of this Agreement; harm to the Developer’s reputation or intellectual property; termination of an agreement with a third party needed to provide the App (including Clover); excessive use; bankruptcy or insolvency; or fraudulent, illegal or unauthorized use or wilful misconduct.
4.2 By you
You may terminate at any time, without cause, by uninstalling the App or by notice to the Developer. Termination takes effect at the end of the current billing period, if any; no refund is due for that period.
5. Confidentiality, data and ideas
5.1 Confidentiality
Each party will keep confidential the other party’s non-public information, including business information, technical specifications, customer lists and operational, strategic or financial information, and will maintain reasonable safeguards to protect it. This does not apply to information that is public, was lawfully known before, is independently developed or is received from a third party without a duty of confidentiality.
5.2 Permitted disclosures
Confidential information may be disclosed to personnel who need to know it, in response to a subpoena or court order, or as required by law.
5.3 Data
The Developer may use data obtained through the App to provide the services, for research and development, and in aggregated and anonymized form, subject to applicable law and to the OCHEF POS Privacy Policy: https://ochef.ca/clover/privacy
5.4 Ideas
Suggestions or ideas you submit about the App are non-confidential and may be used by the Developer without restriction or compensation; you release the Developer from any related liability.
6. Account
You must register, provide accurate information, keep it up to date and protect access to your account (including employee PIN codes and Clover credentials). You must promptly report any security breach. You are responsible for unauthorized access through your systems or account, and for backing up and keeping your own content and transaction data.
7. Risk allocation
7.1 Disclaimer
The App is provided “as is” and “as available”. To the extent permitted by law, the Developer disclaims all express and implied warranties, including merchantability, fitness for a particular purpose and non-infringement. The Developer is not responsible for errors caused by Clover devices or services, by your payment processor or by other third-party apps.
7.2 Indemnity
You will indemnify and hold harmless the Developer and its affiliates against third-party claims and resulting losses, damages, costs and expenses (“Losses”) arising from your use or misuse of the App or your breach of this Agreement. The Developer may control the defence at your expense. You may not settle a claim that involves more than the payment of money without the Developer’s written consent.
7.3 Exclusion of damages
To the extent permitted by law, the Developer is not liable for lost profits or for indirect, incidental, special, consequential, punitive or similar damages.
7.4 Limitation of liability
To the extent permitted by law, the Developer’s total liability is limited to the greater of the fees you paid for the App in the three months before the event giving rise to the Loss, or CAD $100. Nothing in this Agreement limits liability that cannot be limited by law, including for intentional or gross fault.
8. Communications
You agree to receive communications from the Developer electronically, through the App, by email, by text message or by phone, to the extent permitted by applicable law. You are responsible for any fees charged by your carrier.
9. Compliance with privacy laws
In this Agreement, “Merchant Data” means data that you or your customers provide through the App; “Personal Information” means information about an identifiable individual; “Privacy Laws” means applicable privacy laws, including Québec’s Act respecting the protection of personal information in the private sector, PIPEDA and, where applicable, the California Consumer Privacy Act (CCPA); and “Services” means the App and related services.
The Developer acts only as a service provider for you. It will not collect, retain, use, disclose or sell Merchant Data or Personal Information for its own purposes, except as needed to perform this Agreement and as permitted by Privacy Laws. Collection and use are limited to what is reasonably necessary and proportionate to provide the Services.
10. Data subject rights: assistance with requests
The Developer cooperates with your privacy compliance efforts and with requests from individuals, and provides functionality to help you respond. Requests received directly by the Developer are redirected to you, and the Developer assists you with reasonable requests. The Developer will notify you promptly of any related complaint or communication.
11. General
11.1 Authority
You represent that you have the authority to enter into this Agreement.
11.2 Changes
The Developer may modify this Agreement with notice. Continued use of the App after the notice means you accept the changes. If you do not agree, you must stop using and uninstall the App.
11.3 Compliance with laws
Each party will comply with applicable laws (“Laws”). You must use the App in accordance with its documentation and may not use it for tortious, offensive, malicious or infringing material.
11.4 Governing law and venue
This Agreement is governed by the laws of the Province of Québec and the federal laws of Canada that apply there. The courts of the judicial district of Iberville (Saint-Jean-sur-Richelieu), Québec, have exclusive jurisdiction.
11.5 Entire agreement
This Agreement is the entire agreement between the parties about the App. If a provision is found invalid, the rest remains in force. A delay in exercising a right is not a waiver. The parties are independent contractors.
11.6 Assignment
You may not assign this Agreement without the Developer’s written consent. The Developer may assign it freely.
11.7 Language
This Agreement is available in French and in English. In case of discrepancy, the French version prevails.
11.8 Contact
9394-3496 Québec inc. (Ô Chef), 415 boulevard du Séminaire Nord, Saint-Jean-sur-Richelieu, Québec J3B 5L4, Canada · 514 357-8397 · [email protected]