Terms of Service
Last updated: December 2, 2024
Welcome to RestaurantMate. These Terms of Service ("Terms") govern your access to and use of the RestaurantMate platform, including our website, mobile applications, and related services (collectively, the "Service"). Please read these Terms carefully before using our Service.
1. Acceptance of Terms
By accessing or using RestaurantMate, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, you may not access or use the Service.
2. Description of Service
RestaurantMate is an AI-powered restaurant operations platform that provides:
- Inventory Management: Tools to capture and track inventory through voice, photo, and manual input.
- Vendor Price Comparison: Real-time price monitoring across multiple food distributors.
- Automated Ordering: Features to streamline and automate the ordering process with your vendors.
- AI Insights: Analytics and recommendations to optimize your restaurant operations.
- Delivery Verification: Tools to verify incoming deliveries against orders.
3. Account Registration
3.1 Account Creation
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
3.2 Account Requirements
You must be at least 18 years old and have the legal authority to enter into these Terms. The Service is intended for business use by restaurants, food service establishments, and related businesses.
3.3 Team Accounts
If you create accounts for team members, you are responsible for their compliance with these Terms and for any activities conducted through their accounts.
4. Vendor Credentials and Integrations
4.1 Providing Credentials
Certain features require you to provide login credentials for your vendor accounts (e.g., Sysco, US Foods, Sam's Club). By providing these credentials, you:
- Authorize us to access your vendor accounts on your behalf
- Represent that you have the right to grant this access
- Understand that we will use these credentials solely to provide the Service
- Acknowledge that any orders placed through the Service are your responsibility
4.2 Vendor Relationships
RestaurantMate is not a party to any agreements between you and your vendors. We do not guarantee vendor pricing, product availability, or delivery. Your relationships with vendors are governed by your separate agreements with them.
4.3 Third-Party Terms
Your use of vendor platforms through our Service may be subject to those vendors' terms of service. You are responsible for complying with all applicable third-party terms.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any laws
- Provide false or misleading information
- Attempt to gain unauthorized access to any part of the Service
- Interfere with or disrupt the Service or servers
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated systems to access the Service without permission
- Resell, sublicense, or provide the Service to third parties
- Use the Service to compete with RestaurantMate
- Transmit viruses, malware, or other harmful code
- Harass, abuse, or harm others through the Service
6. Intellectual Property
6.1 Our Intellectual Property
The Service, including all content, features, and functionality, is owned by RestaurantMate and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.
6.2 Your Content
You retain ownership of any content you submit to the Service (inventory data, photos, voice recordings, etc.). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store your content to provide and improve the Service.
6.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use this feedback without restriction or compensation to you.
7. Fees and Payment
7.1 Subscription Fees
Access to certain features requires a paid subscription. Fees are as described on our pricing page or in your order. All fees are in US dollars unless otherwise stated.
7.2 Free Trials
We may offer free trials. At the end of the trial, you will be required to select a paid plan to continue using the Service. We will not charge you without your consent.
7.3 Billing
Subscription fees are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees. If payment fails, we may suspend your access until payment is received.
7.4 Refunds
Subscription fees are generally non-refundable except as required by law or at our sole discretion. You may cancel your subscription at any time, but you will not receive a refund for the current billing period.
7.5 Price Changes
We may change our fees with at least 30 days' notice. Continued use after a price change constitutes acceptance of the new fees.
8. Disclaimers
8.1 Service Provided "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 No Guarantees
We do not guarantee that:
- The Service will be uninterrupted, timely, secure, or error-free
- Results obtained from the Service will be accurate or reliable
- Any errors in the Service will be corrected
- The Service will meet your specific requirements
8.3 AI and Recommendations
Our AI-powered features provide recommendations and insights, but you are responsible for verifying information and making final decisions. We are not liable for decisions made based on our recommendations.
8.4 Vendor Information
We strive to provide accurate vendor pricing and product information, but we do not guarantee its accuracy. Prices and availability may change without notice. Always verify order details before confirming purchases.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESTAURANTMATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or data
- Business interruption
- Cost of substitute services
- Damages arising from orders placed through the Service
- Damages arising from vendor pricing inaccuracies
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless RestaurantMate and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Content you submit to the Service
- Your interactions with vendors
11. Termination
11.1 Termination by You
You may terminate your account at any time by contacting us or using the account settings. Upon termination, your right to use the Service will immediately cease.
11.2 Termination by Us
We may terminate or suspend your account at any time, with or without cause, with or without notice. We may terminate for reasons including, but not limited to, violation of these Terms, non-payment, or harmful activity.
11.3 Effect of Termination
Upon termination, you will lose access to your account and data. We may delete your data after a reasonable period. Sections of these Terms that should survive termination will remain in effect.
12. Dispute Resolution
12.1 Informal Resolution
Before filing any legal claim, you agree to try to resolve any dispute informally by contacting us at legal@restaurantmate.ai. We will try to resolve the dispute within 60 days.
12.2 Arbitration
If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Columbia, Missouri, USA.
12.3 Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
13. General Provisions
13.1 Governing Law
These Terms are governed by the laws of the State of Missouri, USA, without regard to conflict of law principles.
13.2 Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and RestaurantMate regarding the Service.
13.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
13.4 Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
13.5 Assignment
You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.
13.6 Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Continued use after changes constitutes acceptance.
14. Contact Information
If you have questions about these Terms, please contact us:
RestaurantMate
Email: legal@restaurantmate.ai
Address: Columbia, Missouri, USA
