Terms of Use
1. ACCEPTANCE OF TERMS
These Terms of Use ("Terms") govern your access to and use of the WasteWiseAI Inc. ("Company," "we," "our," or "us") restaurant management software platform, website, mobile applications, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.
2. CHANGES TO TERMS
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms. We encourage you to review the Terms periodically for any changes.
3. SERVICE DESCRIPTION
3.1 Platform Overview. WasteWiseAI is a restaurant management software platform offering inventory management, recipe/menu management, procurement/purchasing capabilities, and labor management functionality for independently owned or small-chain restaurants in the United States.
3.2 Subscription Plans. We offer three subscription options:
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Month-to-Month Plan
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Annual Plan (charged monthly at a discounted rate)
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One-Time Payment Plan
Details of each plan, including pricing and features, are available on our website and subject to change.
3.3 Voice Command Interface. The Service includes voice command functionality that allows users to interact with the platform through voice commands. Voice interactions may be processed, stored, and analyzed to improve the Service.
3.4 Third-Party Integrations. The Service may integrate with third-party services, particularly vendor APIs for procurement purposes. Use of such integrations is subject to the terms and privacy policies of those third parties.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Account Creation. To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
4.2 Account Responsibility. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
4.3 Authorized Users. If you register on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms. You may authorize employees or contractors ("Authorized Users") to access the Service under your account, but you remain responsible for all actions taken by such Authorized Users.
4.4 Age Restriction. The Service is intended for use by individuals who are at least 18 years of age. By using the Service, you represent and warrant that you are at least 18 years old.
5. USER CONTENT AND LICENSES
5.1 User Content. The Service allows you to upload, store, and manage various types of content, including but not limited to inventory data, recipes, menus, staff schedules, and vendor information ("User Content").
5.2 License to User Content. You retain all rights in your User Content. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, process, adapt, modify, publish, transmit, and display your User Content solely for the purposes of providing and improving the Service.
5.3 Representations and Warranties. You represent and warrant that: (i) you own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content as described herein; and (ii) your User Content does not violate any third party's intellectual property rights, privacy rights, or other legal rights.
5.4 Backup Responsibility. While we implement reasonable security measures, you are responsible for maintaining appropriate backups of your User Content.
6. ACCEPTABLE USE
6.1 Compliance with Laws. You agree to use the Service in compliance with all applicable laws, regulations, and industry standards, including without limitation those related to food safety, employment, privacy, and data protection.
6.2 Prohibited Activities. You agree not to:
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Use the Service for any illegal purpose or in violation of any laws
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Access, tamper with, or use non-public areas of the Service
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Attempt to probe, scan, or test the vulnerability of the Service or breach security measures
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Interfere with or disrupt the integrity or performance of the Service
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Create false identities or impersonate any person or entity
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Post, upload, or distribute content that is fraudulent, defamatory, offensive, or infringes on another's rights
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Attempt to reverse engineer, decompile, or disassemble any portion of the Service
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Use the Service to transmit malware, viruses, or other harmful code
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Use automated methods or scripts to access or scrape data from the Service
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Resell, lease, or commercially distribute the Service without our express written permission
7. PAYMENT TERMS
7.1 Fees. You agree to pay all fees associated with your selected subscription plan. All fees are exclusive of applicable taxes unless stated otherwise.
7.2 Billing. For subscription plans, we will bill you on a recurring basis according to your selected plan (monthly or annually). For one-time payment plans, you will be charged the full amount at the time of purchase.
7.3 Payment Methods. We accept payment via credit card, debit card, and other payment methods as specified on our website. You authorize us to charge your payment method for all fees incurred.
7.4 Price Changes. We reserve the right to change our prices. If we change the fees for your subscription, we will provide notice at least 30 days before the change takes effect.
7.5 Late Payments. For any undisputed amounts not paid when due, we may charge a late fee of 1.5% per month or the maximum rate permitted by law, whichever is less.
7.6 Taxes. You are responsible for paying all taxes associated with your use of the Service, excluding taxes based on our net income.
8. TERMINATION AND CANCELLATION
8.1 Term. These Terms will remain in effect until terminated by either you or us as described herein.
8.2 Termination by You. You may terminate your account and these Terms at any time by following the cancellation procedures outlined in our Refund and Cancellation Policy.
8.3 Termination by Us. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. We also reserve the right to discontinue the Service or any portion thereof at any time with reasonable notice.
8.4 Material Breach. In addition to any other remedies it may have, either party may terminate these Terms upon thirty (30) days' notice (or without notice in the case of nonpayment) if the other party materially breaches any terms or conditions of these Terms.
8.5 Effect of Termination. Upon termination:
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Your right to access and use the Service will immediately cease
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You will pay in full for the Services up to and including the last day on which the Services are provided
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We will make all User Content available to you for electronic retrieval for a period of thirty (30) days, but thereafter we may delete stored User Content
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Sections that by their nature should survive termination will survive, including but not limited to payment obligations, warranty disclaimers, indemnity, and limitations of liability
9. INTELLECTUAL PROPERTY
9.1 Our Intellectual Property. The Service and all content, features, and functionality thereof, including but not limited to the design, software, text, graphics, logos, icons, images, audio clips, and software, are owned by us or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9.2 License to Use the Service. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal business operations.
9.3 Feedback. Any feedback, suggestions, ideas, or recommendations you provide regarding the Service ("Feedback") may be used by us without any obligation to you. You hereby grant us a perpetual, irrevocable, transferable, sublicensable, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback for any purpose.
9.4 Trademarks. "WasteWiseAI," our logo, and other marks, graphics, icons, and service names are our trademarks. You may not use our trademarks without our prior written consent.
10. THIRD-PARTY SERVICES AND CONTENT
10.1 Third-Party Services. The Service may contain links to third-party websites, services, or content that are not owned or controlled by us. We do not endorse or assume any responsibility for third-party services or content.
10.2 Vendor Integrations. Our procurement/purchasing program integrates with third-party vendors through APIs. We are not responsible for the availability, accuracy, or content of such vendor services. Your use of vendor services is subject to their terms and privacy policies.
10.3 No Endorsement. Your business relationship with vendors facilitated through our platform is between you and the vendor. We do not endorse, guarantee, or assume responsibility for any vendor's products, services, or business practices.
11. DISCLAIMERS
11.1 As-Is Service. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2 No Guarantee of Results. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
11.3 Voice Recognition Limitations. WHILE WE STRIVE FOR ACCURACY IN OUR VOICE RECOGNITION TECHNOLOGY, WE DO NOT GUARANTEE THAT THE VOICE COMMAND INTERFACE WILL RECOGNIZE ALL COMMANDS CORRECTLY OR FUNCTION WITHOUT ERROR. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF VOICE-PROCESSED DATA.
11.4 Food Safety and Compliance. THE SERVICE IS A MANAGEMENT TOOL AND DOES NOT GUARANTEE COMPLIANCE WITH HEALTH, SAFETY, OR REGULATORY REQUIREMENTS. YOU REMAIN SOLELY RESPONSIBLE FOR ENSURING YOUR RESTAURANT OPERATIONS COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
12. LIMITATION OF LIABILITY
12.1 Exclusion of Damages. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Liability Cap. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3 Essential Purpose. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees, arising out of or in any way connected with: (i) your access to or use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
14. DISPUTE RESOLUTION
14.1 Informal Resolution. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at support@wastewiseai.com. We'll try to resolve the dispute informally by contacting you via email.
14.2 Arbitration. If the dispute cannot be resolved informally within 60 days, you and we agree to resolve any claims related to these Terms through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in [Your County, Your State], or any other location we agree to.
14.3 Exceptions. Either party may assert claims in small claims court if they qualify. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
14.4 Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14.5 30-Day Opt-Out Period. You have the right to opt out of this arbitration agreement by notifying us in writing within 30 days of first accepting these Terms.
15. GENERAL PROVISIONS
15.1 Governing Law. These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
15.2 Entire Agreement. These Terms, together with our Privacy Policy and Refund and Cancellation Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.
15.3 Waiver and Severability. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.4 Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent.
15.5 Force Majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, internet disturbances, or power failures.
15.6 Contact Information. If you have any questions about these Terms, please contact us at:
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Email: support@wastewiseai.com
