1. Terms and definitions
Software / Service means food service automation software provided as a cloud service through the website [website address], including its web interface, mobile applications, modules (KDS, POS, inventory, analytics, etc.) and updates.
Subscription means the prepaid right to use the Software for a specified period under the selected pricing plan.
Pricing plan (plan) means a set of features and limits (number of locations, users, transactions, etc.) available for a fixed monthly/quarterly/annual fee.
User means a legal entity, an individual entrepreneur or a limited liability company that has registered and uses the Software.
Account means the User's account, comprising a login, password and profile.
User Content means data entered and uploaded by the User (menus, recipe cards, orders, reports, etc.).
2. Subject of the Agreement
2.1. This Agreement governs use of the Software under a subscription to the selected pricing plan.
2.2. Use of the Software constitutes full and unconditional acceptance of this Agreement and the Privacy Policy.
2.3. The Rights Holder grants the User a non-exclusive, non-transferable right to use the Software during the subscription term and within the features of the selected plan.
3. Registration and access
3.1. To access the Software, the User must register and provide accurate information (email, telephone number and name of the organization/individual entrepreneur).
3.2. Features become accessible after a plan has been selected and paid for. A free trial, if available, is provided for [X] days, subject to linking a payment method or confirming billing details.
3.3. The User is responsible for safeguarding their login and password. All actions performed through the Account are deemed to be actions of the User.
4. Subscription, plans and payment
4.1. The Software may be used exclusively by subscribing to one of the plans published in the Pricing section of the website.
4.2. Plans differ in their features, limits and price; the terms of each plan form an integral part of this Agreement.
4.3. Subscription fees are paid in advance, monthly/quarterly/annually, depending on the selected plan.
4.4. Automatic renewal applies if the User has a linked payment method or the contract provides for payment without further approval. The User may disable automatic renewal in their account.
4.5. If payment is not received by the end of the paid period, access to features is restricted: some features (viewing reports for earlier periods and exporting data) may remain available for 30 calendar days, after which access is suspended.
4.6. Refunds are made in the manner and circumstances specified in the Refunds and Subscription Cancellation section of the plans, taking into account services actually provided.
4.7. The Rights Holder may change plans by giving at least 14 calendar days' notice before the changes take effect.
5. Rights and obligations of the parties
5.1. The User shall:
- use the Software for its intended purpose (food service automation) and within the paid plan;
- not disclose their login/password to third parties or grant Account access to persons not authorized by the User;
- not decompile or modify the Software or circumvent its technical protection measures;
- not distribute copies of the Software or create derivative products;
- keep Account information up to date;
- comply with Russian law and third-party rights when posting User Content;
- independently ensure that their use of the Software complies with legal requirements (cash handling procedures, product marking, EGAIS, accounting, etc.).
5.2. The Rights Holder shall:
- ensure that the Software operates in accordance with its stated specifications;
- notify Users of scheduled maintenance and significant changes to features;
- process personal data in accordance with the Privacy Policy;
- provide technical support to the extent specified in the plan.
6. Intellectual property
6.1. Exclusive rights to the Software, interface, databases, algorithms and other intellectual property belong to the Rights Holder.
6.2. User Content remains the User's property, but the User grants the Rights Holder a non-exclusive, royalty-free, perpetual license to use, store, copy, process and display that Content as part of the operation of the Software.
6.3. Extracting or using the Software's databases/content for commercial purposes without the Rights Holder's written consent is prohibited.
7. Personal data and confidentiality
7.1. Personal data is processed in accordance with applicable Russian law and the Privacy Policy published on the website.
7.2. The User confirms that they are entitled to provide employee/business partner data used in the Software and have obtained the necessary consents, where required.
7.3. The Rights Holder does not disclose personal data to third parties except as required by law or as necessary to provide services (payment providers, hosting, technical support, etc.).
8. Specific provisions for food service automation
8.1. The Software may integrate with fiscal cash registers, fiscal data operators (OFD), product marking systems, EGAIS and other external services. The User is independently responsible for accurate data transmission and compliance with legal requirements.
8.2. The Rights Holder is not liable for errors in fiscal documents, missed deadlines for submitting data to government authorities or other consequences caused by improper actions of the User or third parties.
8.3. The Software may include KDS (Kitchen Display System) modules and other modules for staff. Access rights to modules are determined by Account roles and plan limits.
9. Liability and limitation of liability
9.1. The Rights Holder is not liable for:
- interruptions caused by internet outages, failures of the User's equipment or actions of third parties;
- errors caused by inaccurate data entered by the User;
- consequential losses, lost profits and other indirect losses.
9.2. The User is responsible for the accuracy and lawfulness of the Content they post and for compliance with legal requirements when using the Software.
10. Termination and suspension of access
10.1. Access may be suspended or terminated:
- at the User's request;
- if this Agreement is breached;
- if the plan is not paid for;
- during maintenance or when support for a version is discontinued.
10.2. When access is terminated, the Rights Holder retains the User's data for 30 calendar days to allow export in [CSV/Excel/API] format, after which it may be deleted in accordance with the data retention policy and legal requirements.
11. Amendments to the Agreement
11.1. The Rights Holder may amend this Agreement unilaterally.
11.2. Amendments take effect upon publication on the website. Continued use of the Software after publication constitutes acceptance of the amendments.
12. Governing law and dispute resolution
12.1. This Agreement and the relations arising under it are governed by the laws of the Russian Federation.
12.2. Disputes shall be resolved through negotiations or, if no agreement is reached, by a court at the Rights Holder's location.
13. Miscellaneous
13.1. This Agreement takes effect on its publication date and remains in force until withdrawn by the Rights Holder.
13.2. Electronic notices sent to the email address provided at registration constitute proper notice.
13.3. Individual Software modules/features may be subject to additional terms set out in the documentation. In the event of a conflict, the terms relating to the specific module prevail.