Please read these Terms of Service ("Terms") carefully before using the AppyServe platform ("Service") operated by AppyServe ("we," "us," or "our"). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Acceptance of Terms
By creating an account, accessing the platform, or using any part of the Service, you confirm that you are at least 18 years old, have the authority to enter into a binding agreement on behalf of yourself or the entity you represent, and agree to comply with these Terms and all applicable laws.
2. Description of Service
AppyServe provides a cloud-based restaurant point-of-sale platform that includes table management, order management, payment processing coordination, employee management tools, reporting and analytics, loyalty and customer relationship features, and online ordering capabilities. Specific features available to your account depend on your subscription plan.
3. Accounts and Access
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must:
- Provide accurate and complete information when registering
- Notify us immediately of any unauthorized use of your account
- Ensure all users with access to your account comply with these Terms
- Not share login credentials across multiple individuals; create separate staff accounts for people who need access
We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.
4. Subscription Plans and Payment
AppyServe is offered on a subscription basis with fees billed monthly or annually per location. By subscribing, you authorize us to charge the payment method on file at the start of each billing period. Fees are non-refundable except as required by applicable law or as expressly stated in these Terms.
We may change subscription pricing with at least 30 days' written notice. If you do not cancel before the price change takes effect, your continued use of the Service constitutes acceptance of the new pricing.
5. Free Trial
We may offer a free trial period for new accounts. At the end of the trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends. No charge will be applied during the trial period.
6. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation, including those related to data privacy, consumer protection, or payment processing
- Transmit fraudulent, misleading, or harmful content
- Attempt to gain unauthorized access to any part of the Service or its related systems
- Reverse engineer, decompile, or attempt to derive source code from the Service
- Resell, sublicense, or provide the Service to third parties without our written consent
- Use automated means to scrape, crawl, or extract data from the Service
7. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. You retain ownership of all data you input into the Service ("Customer Data"). By using the Service, you grant us a limited license to process, store, and transmit Customer Data solely to provide and improve the Service.
You are responsible for ensuring that your collection and use of guest data, including loyalty program enrollment and contact information, complies with applicable privacy laws (including CCPA, GDPR, and CAN-SPAM where applicable).
8. Payment Processing
AppyServe may integrate with third-party payment processors. We are not responsible for the acts or omissions of any payment processor. Processing of payment transactions is subject to the terms and conditions of the applicable payment processor. We do not store complete payment card numbers and are not liable for payment processing failures, chargebacks, or disputes between you and your guests.
9. Intellectual Property
The Service, including its software, design, content, and trademarks, is owned by AppyServe and protected by applicable intellectual property laws. Nothing in these Terms grants you ownership of or any rights to our intellectual property beyond the limited license to use the Service as described herein.
You retain all intellectual property rights in your Customer Data. By submitting data to the Service, you represent that you have the right to do so.
10. Uptime and Service Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may perform scheduled or emergency maintenance that temporarily affects availability. We will make reasonable efforts to notify you in advance of planned maintenance windows.
11. Disclaimers
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. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR CONTINUOUSLY AVAILABLE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPYSERVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless AppyServe and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
14. Termination
Either party may terminate the subscription at any time. You may cancel through your account settings or by contacting support. Upon termination, your access to the Service will end at the close of your current billing period. We may terminate or suspend your access immediately for material violations of these Terms.
Upon termination, you may request an export of your Customer Data within 30 days. After that period, we may delete your data in accordance with our data retention policies.
15. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.
16. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice in the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes.
17. Contact
If you have questions about these Terms, please contact us at support@appyserve.com.