Terms of Service
Last updated: December 2024
1. Acceptance of Terms
By accessing or using Equimise ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.
2. Description of Service
Equimise provides a cloud-based platform for hospitality businesses to manage inventory, menus, invoices, staff scheduling, online ordering, reservations, and analytics. The Service is provided "as is" and may be updated or modified at any time.
3. Account Registration
To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Subscription and Payment
Billing
Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly set forth in these Terms.
Waitlist & Founding Member Access
We offer a waitlist for early access. Founding members who join before launch receive special pricing. No credit card is required to join the waitlist.
Plan Changes
You may upgrade your plan at any time, with changes taking effect immediately. Downgrades take effect at the end of your current billing period.
5. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose
- Attempt to gain unauthorized access to the Service or its systems
- Interfere with or disrupt the Service or servers
- Upload malicious code or content
- Resell or redistribute the Service without authorization
- Use the Service to send spam or unsolicited communications
6. Intellectual Property
The Service, including its design, features, and content, is owned by Equimise and protected by intellectual property laws. You retain ownership of your data but grant us a license to use it to provide the Service.
7. Data and Privacy
Your use of the Service is also governed by our Privacy Policy. You are responsible for the data you upload and must ensure you have the right to use and share it.
8. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance or updates that temporarily affect the Service. Multi-site plan customers may be eligible for SLA guarantees.
9. Limitation of Liability
To the maximum extent permitted by law, Equimise shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless Equimise and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.
11. Termination
You may cancel your subscription at any time. We may suspend or terminate your account for violation of these Terms. Upon termination, you may export your data within 30 days, after which it may be deleted.
12. Modifications to Terms
We may modify these Terms at any time. Material changes will be communicated via email or in-app notification. Continued use of the Service after changes constitutes acceptance of the new Terms.
13. Governing Law
These Terms are governed by the laws of Australia. Any disputes shall be resolved in the courts of New South Wales, Australia.
14. Contact Us
If you have questions about these Terms, please contact us at:
Email: legal@equimise.com