Last Updated: December 2, 2024
Welcome to Dutchie! The Merchant Agreement is a contract between you and Dutchie that governs your access to and use of the Services identified in your Order Form or otherwise used by you. By executing your Order Form or otherwise accessing the Services, you and Dutchie are agreeing to the terms of this Merchant Agreement. Please read it carefully, and don’t hesitate to reach out if you have any questions.
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1.1 Right to Access Subscription Services. Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Subscription Services identified in your Order Form.
1.2 Professional Services. If your Order Form includes Professional Services, you will promptly provide us with any information, resources and assistance we may require in order to provide you with the Professional Services. Any dates specified to you, including in an Order Form, are estimates only, and are contingent upon your timely cooperation.
1.3 Purchased Hardware. If your Order Form includes any Purchased Hardware, additional terms set forth in your Order Form (including any hardware warranty and return policies) apply to your purchase of the Purchased Hardware and form a part of this Agreement.
1.4 Users. If you authorize Users to access and use the Services identified in your Order Form, you will be responsible for your Users’ compliance with this Agreement and all activities conducted by them through their use of the Services, and any reference to your access to or use of the Services in this Agreement includes access to or use of the Services by your Users. You must ensure that each User keeps their login credentials confidential and notify us if you become aware of any unauthorized access to a User’s login credentials or the Services.
1.5 Modification of Services. We may make changes to the Services from time-to-time, including by adding, modifying or removing features and functionality to provide improved or new experiences for you, your Users and Customers.
1.6 Service-Specific Terms. Certain Services may be subject to additional terms and conditions, as more particularly identified in the Service-Specific Terms incorporated by reference into this Agreement. Service-Specific Terms only apply to you to the extent that you have subscribed to a Service that includes the functionality identified therein.
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2.1 General Restrictions. You will only use the Services for lawful purposes and as expressly permitted herein and in the applicable Order Form and agree that you will not, directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, models or algorithms of the Services; (b) modify, translate, or create derivative works based on the Services; (c) access or use the Services to develop (or to allow a third party to develop) a similar or competing product or service; (d) alter, distribute, license, resell, transfer, assign, rent, lease, timeshare or otherwise commercially exploit the Services or provide the Services on a service bureau basis; (e) remove or obscure any proprietary notices or labels from the Services; (f) use the Services at any location other than the permitted Locations; (g) use the Services for fraudulent purposes or in any manner that could damage, disable, overburden, impair or otherwise interfere with the provisioning of the Services (including the use of automated systems or software to scrape or extract data from the Services); or (h) interfere with or circumvent any usage or scope of use restrictions applicable to the Services.
2.2 Licensing. You will immediately notify us and cease your use of the Services if there is a change in the status of your legal authorization to sell cannabis, including, without limitation, the expiration, suspension, cancellation, revocation, nonexistence or invalidation of any cannabis-related license, permit or approval. From time-to-time during the Term we may seek to validate the status of your ability to sell cannabis under Applicable Law. Upon our reasonable request, you will provide us with any permits, business licenses, or other related information required for us to verify your compliance with Applicable Law and this Agreement. If you do not promptly provide us with any requested information, we may suspend your access to the Services upon notice to you.
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You may choose to use Third-Party Services in connection with your use of the Services. If you enable Third-Party Services in connection with your use of the Services, you authorize us to allow the Third-Party Service to access or use your Merchant Data as required for the interoperation of the Third-Party Service with the Services. This may include transmitting, transferring or modifying your Merchant Data, or storing your Merchant Data on systems belonging to the Third-Party Service. Your use of Third-Party Services is subject to the relevant provider’s terms of use and privacy policy, and not this Agreement. We do not control the Third-Party Services and have no liability relating to your use of Third-Party Services.
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4.1 Term. This Agreement will commence on the Effective Date and will continue in full force and effect for the Term.
4.2 Subscription Term. The initial term of each Order Form will continue for the Initial Subscription Term. Thereafter, the Order Form will automatically renew for subsequent Renewal Subscription Terms equal to the duration of the Initial Subscription Term unless either party provides the other party with written notice of non-renewal no later than 30 days before the end of the Current Subscription Term.
4.3 Suspension. We may suspend your access to any or all of the Services without notice in the event that we reasonably believe you are using the Services in a manner that violates Applicable Law or this Agreement. If you are overdue on any payment of undisputed Fees we may provide you with notice of your overdue Fees. Unless the full amount due is promptly paid following such notice, we may suspend your access to any or all of the Services within 7 days of the date of the notice without any further notice to you. If we believe that you are disputing Fees reasonably and in good faith and are cooperating diligently to resolve the dispute, we will not suspend the Services subject to the dispute for non-payment.
4.4 Termination. Either party may terminate this Agreement for cause if the other party: (a) fails to cure any material breach of this Agreement (including, without limitation, your failure to pay undisputed Fees) within 30 days after written notice detailing the breach; (b) ceases operation without a successor; or (c) if permitted by Applicable Law, seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, if any of these proceedings are instituted against that party and not dismissed within 60 days thereafter. We may terminate an Order Form or this Agreement for convenience upon notice to you.
4.5 Effect of Termination. Upon expiration or termination of an Order Form and/or this Agreement, your right to use and access the Services covered by the applicable Order Form(s) will immediately terminate, and each party will return to the other all Confidential Information. Upon termination, we may permanently delete Merchant Data in our sole discretion. In the event that we terminate an Order Form and/or this Agreement for convenience, or if you terminate an Order Form and/or this Agreement for cause, we will provide a refund of any prepaid but unused Fees, and you will not be liable for the remaining Fees through the remainder of your Current Subscription Term. In the event that we terminate an Order Form and/or this Agreement for cause, or if you terminate an Order Form and/or this Agreement without cause, you will be required to immediately pay us all unpaid Fees which would otherwise become due through the remainder of your Current Subscription Term.
4.6 Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, all rights to payment of Fees, confidentiality obligations, warranty disclaimers, indemnification obligations and limitations of liability.
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5.1 Fees. You agree to pay all Fees in accordance with your applicable Order Form for the duration of your Subscription Term. Except as expressly provided in this Agreement, your payment of Fees is non-refundable and non-creditable, and your payment obligations are non-cancelable. All Fees are payable in United States dollars, unless otherwise agreed to by us in writing. You must notify us in writing of any good faith dispute of Fees within 20 days of your receipt of the applicable invoice, and you must reasonably cooperate with us in resolving any dispute. If you are overdue on any payment of undisputed Fees, we may assess, and you agree to pay, interest on the unpaid Fees in the amount of 1.5% per month, or the maximum amount allowable under Applicable Law, whichever is less. The Fees identified in your Order Form will remain unchanged during the Initial Subscription Term. We reserve the right to modify Fees at the beginning of, or at any time during, a Renewal Subscription Term, by providing you with at least 30 days’ prior notice, which will include the effective date of the modification. If you do not accept the modification, you must provide us with written notice prior to the effective date of the modification electing to either (a) remove the Service(s) subject to the modification; or (b) terminate this Agreement. If you do not provide such written notice, or if you otherwise continue to use the applicable Services as of the effective date of the modification, then you will be deemed to have accepted the modification. If you have provided us with written notice electing to remove the Service(s) subject to the modification or terminate this Agreement in full, and have actually ceased your use of the Services prior to the effective date of the modification, you will only be responsible for Fees accruing through the effective date of termination.
5.2 Taxes. Fees are exclusive of all sales, use, value-added, withholding and other taxes or duties, and you will promptly pay or reimburse us for all taxes arising out of this Agreement. You acknowledge that the imposition and calculation of applicable taxes will be in accordance with Applicable Law of the jurisdiction where the Services are performed or delivered, as applicable. If you are entitled to an exemption from the payment of any taxes under Applicable Law, you will promptly provide us with legally sufficient tax exemption certificates for each taxing jurisdiction for which you claim exemption. If you are outside of the United States and required to pay or withhold any tax in respect of any Fees due to us under this Agreement, you will gross up payments actually made such that we receive Fees due under this Agreement in full and free of any deduction for any such tax.
5.3 Automatic Payment. If you are paying Fees automatically via credit card or ACH, you authorize us to charge your authorized payment method for all Fees accruing hereunder during the Term. Automatic payments will be processed by a third-party processor, and you consent to the disclosure of your payment information to such third-party processor. We will provide you with an invoice attributable to each billing period, and at other times during the Term when fees become payable, and all amounts invoiced will be automatically debited to your authorized payment method within 15 days from the date of the invoice. In the event of a failed attempt to charge your authorized payment method (for example, if your authorized payment method has expired or is no longer valid), you authorize us to re-attempt billing your authorized payment method. You must keep your authorized payment method updated during the Term.
5.4 Payment Against Invoice. To the extent that we permit you to manually pay Fees against an invoice, we will provide you with an invoice attributable to each billing period, and at other times during the Term when fees become payable. All Fees invoiced are due and payable within 30 days from the date of the invoice, unless otherwise specified in the applicable Order Form.
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6.1 Our Intellectual Property. Except for the limited rights expressly granted to you in this Agreement, we and our licensors reserve all right, title and interest in and to the Services and all information and materials provided to you in connection with this Agreement, including all related Intellectual Property Rights. If you elect to provide any Feedback to us, you irrevocably assign and transfer to us all right, title and interest (including all Intellectual Property Rights) in and to the Feedback and acknowledge that we are free to use, disclose, reproduce and otherwise exploit the Feedback in our discretion, without obligation or restriction of any kind. We reserve all rights not expressly granted in this Agreement.
6.2 Merchant Data. Except for the limited rights expressly granted to us in this Agreement, you retain all right, title and interest in and to the Merchant Data, including all related Intellectual Property Rights. You grant us a non-exclusive, sublicensable, worldwide, royalty-free right to collect, use, modify and process Merchant Data in accordance with this Agreement and our Privacy Policy to provide and improve the Services and as otherwise expressly set forth herein. You agree to maintain a privacy policy relating to your use of the Services and provide or obtain any disclosures, rights, releases and consents required under Applicable Law to permit the Merchant Data to be collected, used and disclosed in the manner contemplated by this Agreement.
6.3 Anonymized, De-Identified and/or Aggregated Data. Notwithstanding anything to the contrary, we have the right to collect and analyze data and other information relating to the use and performance of the Services and related systems and technologies, and we will be free to: (a) use such information and data, including Merchant Data, during and after the Term, to improve, provide and enhance the Services and for other development, diagnostic and corrective purposes in connection with our current and future Services; and (b) to create anonymized, de-identified and/or aggregated data from Merchant Data (including Personal Information) that does not identify Merchant, any Customers or any other identifiable individual. Such anonymized, de-identified and/or aggregated data may include data analyses generated across the Services, our merchant customers and our partners and may be used for any lawful purposes, including, without limitation, to use, disclose, compile, distribute and publish anonymous statistical or analytical data regarding the performance, provision, and operation of the Services, the development and training of new or existing Services or otherwise. We own and retain all right, title and interest (including any Intellectual Property Rights) in and to such anonymized, de-identified and/or aggregated data, without any obligation to you or any restriction of any kind.
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7.1 Obligations. The receiving party will: (a) protect the confidentiality of the disclosing party’s Confidential Information using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care; (b) not use any Confidential Information of the disclosing party for any purpose outside the scope of this Agreement; (c) not disclose Confidential Information of the disclosing party to any third party (except those third party service providers used by us to provide elements of the Services); and (d) limit access to Confidential Information of the disclosing party to those of its and its Affiliates’ employees, contractors and agents who need access for purposes consistent with this Agreement and who have signed confidentiality obligations with the receiving part containing protections no less stringent than those herein.
7.2 Compelled Disclosure. The receiving party may disclose Confidential Information of the disclosing party if required to do so under Applicable Law; provided, however, that: (a) the receiving party will provide the disclosing party with prompt notice of any request that it disclose Confidential Information, sufficient to allow the disclosing party to object to the request and/or seek an appropriate protective order or, if such notice is prohibited by Applicable Law, the receiving party will disclose the minimum amount of Confidential Information required to be disclosed under Applicable Law; (b) the receiving party will refer the request to the disclosing party and will provide reasonable assistance to the disclosing party, at the disclosing party’s expense, in opposing disclosure or seeking a protective order, unless the receiving party is explicitly prohibited from doing so under Applicable Law; and (c) in no event will the receiving party disclose Confidential Information to a party other than a government agency except under a valid court order from a court having jurisdiction requiring the specific disclosure, including in circumstances where the disclosing party refuses to provide their consent or fails to respond to the receiving party’s inquiries in connection with the request to disclose the Confidential Information.
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8.1 Your Representations and Warranties. You represent and warrant that: (a) you are an entity authorized by Applicable Law to conduct business in the jurisdiction(s) in which you operate; (b) you have obtained all applicable authorizations, approvals, and consents and have and will maintain active and valid permits and/or licenses issued by the applicable local, state, provincial and/or federal regulatory or licensing authorities relating to the sale of cannabis in the jurisdiction(s) in which you operate; and (c) you and your Users are and will remain in compliance with this Agreement and Applicable Law.
8.2 Our Representations and Warranties. We represent and warrant that we will use commercially reasonable efforts consistent with prevailing industry standards to maintain the Services identified in your Order Form materially in accordance with the Specifications. The remedies set forth in this Agreement are our entire liability and your sole remedy related to the performance of the Services.
8.3 Disclaimers. Except as expressly set forth in this Agreement, the Services are provided “as is” and we and our third-party vendors and licensors disclaim all warranties, express or implied, including, without limitation, the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. You acknowledge that we do not warrant that the Services will be uninterrupted, timely, secure, error-free or virus-free, nor do we make any warranty as to the results that may be obtained through your use of the Services, and no information, advice or services obtained by you from us or through the Services will create any warranty not expressly stated in this Agreement. We do not provide any legal, tax or regulatory advice. The Services and related information and materials made available by us are for informational purposes only, and are not meant to provide, and should not be relied on for, legal, tax or regulatory advice. You acknowledge and agree that you will consult your own legal counsel, tax professional or regulatory advisors before engaging in any transaction. We do not interpret state reporting errors or provide inventory management guidance. You are solely responsible for resolving matters related to reporting and/or inventory management with your local regulatory agency.
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9.1 Our Indemnification Obligation. We will indemnify, defend, and hold you harmless from and against any Claim made or brought against you by a third party alleging that the use of the Services identified on your Order Form as permitted hereunder infringe or misappropriate a valid United States or Canadian patent, copyright or trade secret. Â Notwithstanding the foregoing, we will have no obligation under this Section or otherwise with respect to any such Claim to the extent such Claim is caused by or based on: (a) your breach of this Agreement; (b) any combination of the Services identified in your Order Form with Third-Party Services or data not provided by us; (c) any modification of the Services identified in your Order Form by anyone other than us, or modification of the Services identified in your Order Form by us in accordance with specifications or instructions provided by you; or (d) any activity after we have provided you with a work around or modification that would have avoided such issue without materially adversely affecting the functionality or availability of the Services identified in your Order Form. If we reasonably believe that all or any portion of the Services identified in your Order Form, or your use thereof, is likely to become the subject of any infringement Claim, we may procure for you, at our expense, the right to continue using the Services identified in your Order Form in accordance with the terms of this Agreement, replace or modify the allegedly infringing Service to make it non-infringing, or, in the event that neither of the foregoing options are commercially practicable, we may, in our sole discretion, terminate this Agreement upon written notice to you and refund any prepaid amounts for unused Services. Â This Section 9.1 states our sole responsibility and your sole remedies for any infringement or violation by us of any Intellectual Property Rights.
9.2 Your Indemnification Obligation. You will indemnify, defend, and hold us harmless from and against any Claim made or brought against us, our Affiliates or our service providers by a third party arising from your breach of this Agreement, use of the Services or your use of Third-Party Services (excluding Claims covered by Section 9.1).
9.3 Indemnification Procedure. Each party’s indemnification obligations are dependent upon the indemnified party providing the indemnifying party with: (a) prompt notice of any such Claim; (b) the sole and exclusive authority to defend and/or settle any such Claim (provided that the indemnifying party may not settle any Claim without the indemnified party’s prior written consent, which will not be unreasonably withheld, unless it unconditionally releases the indemnified party of all liability); and (c) reasonable cooperation with the defense of such Claim.
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10.1 No Indirect Damages. To the extent permitted by Applicable Law, in no event will either party, its Affiliates or its or their service providers be liable for any indirect, incidental, punitive, or consequential damages, or loss of profits, revenue, data or business opportunities arising out of or related to this Agreement or the Services, whether an action is in contract, tort or otherwise, and regardless of the theory of liability.
10.2 Limitation of Liability. Except for Excluded Claims, if, notwithstanding the other terms of this Agreement, either party, its Affiliates or its or their service provider is determined to have any liability to the other party, its Affiliates or any third party, the parties agree that the aggregate liability of a party, its Affiliates and its and their service providers will be limited to a sum equal to the total Fees paid or payable for the Services in the 12 month period preceding the first event giving rise to the Claim.
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11.1 Modification. We reserve the right to change or modify portions of this Agreement at any time. If we do so, we will post the changes on this page and indicate the date this Agreement was last revised. We will also notify you, either through the Services, in an email notification, or through other reasonable means. Any changes will become effective the next business day after being posted, except that changes addressing new functions of the Services or changes made for legal reasons may become effective immediately. If you do not agree with a modification to this Agreement, you must notify us in writing via email to legal@dutchie.com within 14 days after the notice of modification is made available to you. If you provide such notice, then your subscription will continue to be governed by the terms of this Agreement prior to modification until your next Renewal Subscription Term, after which the then-current version of the Merchant Agreement will apply. However, if we can no longer reasonably provide the Services to you under the terms prior to modification (for example, if the modifications are required by law or result from general changes to the Services), then the Agreement and/or affected Services will terminate upon notice to you, and we will promptly refund any prepaid but unused Fees covering the use of the Services after termination.
11.2 Governing Law; Jurisdiction and Venue. This Agreement is governed by the laws of the State of Massachusetts and the United States, without regard to choice or conflict of law rules thereof. The exclusive jurisdiction and venue for actions related to the subject matter of this Agreement are the state and federal courts located in Suffolk County, Massachusetts, and both parties submit to the personal jurisdiction of these courts.
11.3 Assignment. We may assign our rights and obligations under this Agreement (in whole or in part) without your consent and without notice to you. You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent, except that you may assign this Agreement in its entirety to your successor resulting from a merger, acquisition, or sale of all or substantially all of your assets or voting securities, provided that: (a) you provide us with prompt written notice of the assignment and authorization to transfer your Services to the assignee; (b) to the extent that you are overdue on any payment of Fees you pay us all amounts due; and (c) the assignee agrees in writing in a form acceptable to us to assume all of your obligations under this Agreement and complies with our procedural and documentation requirements to give effect to the assignment. Except as expressly authorized in this Section 11.3, any attempt by you to transfer or assign this Agreement will be null and void.
11.4 Notices. Any notice or communication under this Agreement must be in writing. You must send any notices under this Agreement (including breach notices and warranty and indemnity claims) to us via email to legal@dutchie.com. We may send notices to you at the email addresses on your account or, at our option, to your last-known postal address. We may also provide operational notices regarding the Services or other business-related notices through conspicuous posting of the notice on our website or through the Service.
11.5 Subcontractors. We may use subcontractors and permit them to exercise the rights granted to us in order to provide the Services under this Agreement. Subject to the terms of this Agreement, we will remain responsible for our subcontractors’ compliance with the terms of this Agreement.
11.6 Relationship. The parties are independent contractors, and this Agreement does not create a partnership, joint venture, employment, franchise, or agency relationship. Neither party has the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.
11.7 Force Majeure. Neither party will be liable for any delay or failure to perform its obligation under this Agreement if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
11.8 Export. Each party will comply with all applicable export control laws. You represent and warrant that you are not on any government list of prohibited or restricted parties or located in (or a national of) a country subject to a government embargo or that has been designated by the government as a “terrorist supporting” country.
11.9 Publicity. You agree that we may refer to your name and trademarks in our marketing materials and website, including but not limited to displaying your logo, solely for the purpose of identifying you as our customer.
11.10 Severability. If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
11.11 No Third-Party Rights. Nothing in this Agreement confers on any third party the right to enforce any provision of this Agreement.
11.12 Entire Agreement. This Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services identified in your Order Form or any other subject matter covered by this Agreement.  Our failure to exercise or enforce any right or provision of this Agreement will not be a waiver of that right.
Capitalized terms used and not otherwise defined have the following meanings:
Affiliate
means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests in the subject entity.
Applicable Law
means all applicable federal, state, provincial, local and foreign laws, rules and regulations, including, without limitation, those pertaining to the processing and security of Personal Information that those pertaining to cannabis, hemp, CBD and other cannabinoids, as amended from time-to-time, but excluding any federal law, rule or regulation that prohibits or classifies the growing, production, manufacture, sale and/or possession of cannabis, and except to the extent that U.S. federal law conflicts with U.S. state, provincial and local laws regarding these substances.
Claim
means any claim, demand, suit or proceeding.
Confidential Information
means all confidential information disclosed by a party and its Affiliates to the other party and its Affiliates, whether orally or in writing, that is designated as confidential, or which a reasonable person would consider confidential. Confidential Information does not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (b) was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party; (c) is received from a third party without breach of any obligation owed to the disclosing party; or (d) was independently developed by the receiving party.
Current Subscription Term
means your then-current committed period of Services pursuant to your Order Form, as either an Initial Subscription Term or a Renewal Subscription Term.
Customer
means a consumer conducting transactions with you through your use of the Services.
Dutchie, we, us or our
means the Dutchie entity entering into the Merchant Agreement with you, which is dependent upon your location. To the extent that you are located in the United States or in a country other than Canada, the applicable Dutchie entity is Courier Plus, Inc. To the extent that you are located in Canada, the applicable Dutchie entity is 1247567 B.C. Ltd.
Dutchie Hub
means the Service providing access to, as applicable: (a) first-party cashless payments offerings provided by us (including, without limitation, Pay by Bank); (b) a variety of Third-Party Payments Offerings provided by Third-Party Processors; and (c) the ability to manage retail transactions and receive transactional reporting related to the cashless payments offering(s) selected by you.
Effective Date
means the date of last signature on your Order Form.
Excluded Claims
means (a) a breach of Section 7; (b) liability under Section 9; (c) your breach of Section 2; and (d) your obligation to pay Fees under Section 5.
Feedback
means suggestions, enhancement requests, ideas, feedback, recommendations or other input relating to the Services provided by you.
Fees
means any fees set forth in an Order Form attributable to your subscription to or purchase of the Services identified in your Order Form.
Initial Subscription Term
means the initial term of your subscription to the Subscription Services, as reflected in your Order Form.
Intellectual Property Rights
means any and all rights under patent law, copyright law, trade secret law, trademark law, moral rights, goodwill, and any and all other intellectual property rights under Applicable Law that are in existence now and in the future, including, without limitation, any applications, registrations, extensions and renewals related to the foregoing.
Locations
means your Affiliate locations permitted to access and use the Services, as reflected in your Order Form.
Merchant, you or your
means, collectively, the entity which has executed the Order Form, along with any Affiliate(s) identified as a permitted Location.
Merchant Agreement or Agreement
means, collectively, your Order Form(s) and this Merchant Agreement.
Merchant Data
means data and information collected or processed by us on your behalf in the course of providing the Services to you, which may include data or information collected by Dutchie when a Customer transacts with you through the Services, enrolls in a loyalty program or requests a digital receipt, any may further include (a) contact information (such as name, phone number or email address); (b) transaction information; (c) payment information; (d) location information; and (e) medical cannabis card, medical exemption or other similar information.
Order Form
means an ordering document prepared by us which sets forth details particular to you, including the Services to which you are subscribing and/or purchasing, the permitted Locations that will have access to the applicable Services, the associated Fees, the applicable Subscription Term and your billing details.
Personal Information
means information relating to an identified or identifiable individual or household that constitutes “personal information,” “personal data” or the like under Applicable Law.
Privacy Policy
means Dutchie’s Privacy Policy (currently located at https://dutchie.com/privacy/), as may be updated from time-to-time.
Processor
means, with respect to the Pay by Bank Service, Dutchie, and with respect to Third-Party Payments Offerings, the applicable Third-Party Processor.
Processor Agreement
means an agreement between you and a Processor related to the processing of cashless payments transactions.
Professional Services
means any implementation services and/or training purchased by you under an Order Form.
Purchased Hardware
means any hardware that you purchase from us (and not from a third party) as identified in your Order Form.
Renewal Subscription Term
means each renewal period of your subscription to the Subscription Services.
Services
means our Subscription Services, Professional Services, Purchased Hardware, and any other information, products and services developed and/or commercialized by us. For the avoidance of doubt, the Services do not include Third-Party Services.
Specifications
means any printed or digital instructions, online help resources, technical documentation and user manuals relating to the Services which may be made available to you by Dutchie from time-to-time during the Subscription Term, but explicitly excluding any marketing, promotional or similar materials.
Subscription Services
means the SaaS-based Services developed and commercialized by us.
Subscription Term
means, with respect to each Order Form, the Initial Subscription Term and any Renewal Subscription Term(s).
Term
means the period of time beginning on the Effective Date of your initial Order Form and continuing until the expiration or termination of all of your Order Forms.
Third-Party Payments Offering
means a cashless payments offering provided by a Third-Party Processor. For the avoidance of doubt, Third-Party Payments Offerings are considered Third-Party Services.
Third-Party Processor
means a provider of a Third-Party Payments Offering.
Third-Party Services
means products and services that are provided by third parties which interoperate with or are used by you in connection with your use of the Services.
Users
means your employees, representatives, consultants, contractors or agents who you have authorized to access and use the Services for your benefit, and, to the extent applicable, who have unique user IDs and passwords to access the Services.
