Terms of Use

Waiterly PIOTR KRZYSTANEK ('Waiterly', 'we' or 'us') operates a Software-as-a-Service point-of-sale system ('Waiterly POS') from which you may access and use our restaurant management services ('Waiterly Services').

These Terms of Use apply to the content and functionality of the Waiterly POS system, and to the Waiterly Services. These Terms of Use do not apply to products or services that we make available pursuant to different terms.

Information that you provide to us

You may give us information about yourself when you use the Waiterly POS system. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information about your account or our services. You authorize us to send those messages when you use the Waiterly POS system and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with 'STOP', or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.

Waiterly POS Intellectual Property

As between you and Waiterly, Waiterly and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Waiterly POS system (collectively, 'Waiterly IP'). Waiterly IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Waiterly IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the Waiterly POS system or our products or services ('Ideas'). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Waiterly has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

Access to Waiterly POS

Waiterly grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Waiterly POS system for your restaurant business operations. This license does not include a right to use any of the content and information for purposes other than your restaurant operations. Your permissions and/or licenses are automatically terminated by any unauthorized use.

Services, Content and Specifications

Details of the services available through the Waiterly POS system ('Waiterly Services') are set out in our service documentation and website. All features, content, specifications, services and prices of services described or depicted in the Waiterly POS system are subject to change at any time without notice. The inclusion of any services in the Waiterly POS system at a particular time does not imply or warrant that these services will be available at any time. By using our services, you represent that the services will be used only in a lawful manner for restaurant operations.

Subscriptions

We offer you the ability to purchase subscriptions to access the Waiterly POS system. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.

Your account

We require that you create an account to access the Waiterly POS system. You must provide accurate information about yourself and your business when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any transactions processed, under your account. We reserve the right to terminate your account at any time and for any reason.

Sanctions and export policy

You may not use the Waiterly POS system or purchase any Waiterly Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC) or equivalent authorities in other jurisdictions. We do not claim, and we cannot guarantee that the Waiterly POS system or any Waiterly Service is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

No warranties

We provide the Waiterly POS system, Waiterly IP and Waiterly Services 'as is' and 'as available', without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Waiterly or obtained by you from or through the Waiterly POS system - whether from Waiterly or another entity, and whether oral or written - creates or implies any warranty from Waiterly to you.

Waiterly disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Waiterly POS system; (b) that the Waiterly Services will meet your specific needs or requirements; (c) that the Waiterly POS system will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Waiterly will correct any defects or errors in the Waiterly POS system; or (e) that the Waiterly POS system is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Waiterly POS system is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Limitation of liability

Under no circumstances will Waiterly be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Waiterly POS system or for the unavailability of the Waiterly POS system, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Waiterly POS system, even if such damages are foreseeable, and whether or not you or Waiterly has been advised of the possibility of such damages. Waiterly is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Waiterly POS system or your failure to use or implement anti-fraud measures, security controls, or any other data security measure.

You agree to limit any additional liability not disclaimed or denied by Waiterly in relation to the Waiterly POS system, Waiterly IP, and Waiterly Services, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Waiterly during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

Disputes

Any disputes arising out of or relating to these Terms of Use will be resolved through binding arbitration in accordance with the laws of Poland, or through the appropriate courts in Poland if arbitration is not available or required by law. The parties agree to submit to the personal jurisdiction of the courts located in Poland for the resolution of any disputes.

Applicable law

By using the Waiterly POS system, you agree that the laws of Poland, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Waiterly.

Modification and severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Waiterly POS system by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the 'Last updated' date at the bottom of the page.

Our address

Waiterly PIOTR KRZYSTANEK

Email: legal@waiterlypos.com

Website: www.waiterlypos.com