These terms govern use of Culinary Analytics websites, applications, restaurant storefronts, and platform services.
These Terms of Service (“Terms”) are an agreement between you and Culinary Analytics Consultation Group LLC. By accessing or using the services, you agree to these Terms. If you use the services for a business, you represent that you have authority to bind that business.
A signed order form, subscription agreement, implementation statement, data-processing addendum, or other written agreement may include additional terms. If there is a conflict, the signed agreement controls for the subject it covers.
Provide accurate account and business information and keep it current.
Protect credentials, devices, access codes, and administrator privileges.
Use appropriate roles and promptly remove access for users who no longer need it.
Notify Culinary Analytics promptly of suspected unauthorized access or compromised credentials.
Remain responsible for activity under your account except to the extent caused by Culinary Analytics.
Culinary Analytics provides restaurant and retail operations software and related services that may include point of sale, online ordering, menu and inventory tools, analytics, labor workflows, integrations, implementation, and support. Available features depend on the applicable plan, configuration, geography, hardware, and connected providers.
We may improve, replace, or discontinue features. We will use reasonable efforts to provide notice of a material change that significantly reduces a paid service during an active subscription, unless the change is required for security, law, provider compatibility, or urgent platform protection.
Restaurant storefronts are operated for the restaurant identified on the storefront. The restaurant is the seller of food, goods, gift cards, and related services; it is responsible for menu accuracy, pricing, taxes, allergens, preparation, fulfillment, refunds, delivery, customer service, and compliance with laws that apply to its business.
Culinary Analytics provides the ordering technology and may support transaction routing. Unless expressly stated in a signed agreement, Culinary Analytics is not the restaurant, food preparer, delivery provider, or merchant responsible for the underlying order.
The services may connect to payment, point-of-sale, accounting, payroll, delivery, communications, identity, or other third-party services. Your use of those services is governed by their terms. You authorize Culinary Analytics to exchange the data reasonably needed to operate integrations you enable. We are not responsible for third-party services, outages, policy changes, or data outside our control.
Subscription fees, hardware charges, processing rates, implementation charges, renewal terms, and cancellation rights are stated in the applicable checkout, order form, or signed agreement. Fees are due as stated there. You are responsible for applicable taxes other than taxes on Culinary Analytics income.
If an undisputed amount remains overdue, we may suspend paid services after reasonable notice. Restaurant guest orders, refunds, chargebacks, and payouts remain subject to the restaurant agreement and applicable payment-provider rules.
You may not use the services to:
Break the law, infringe rights, deceive others, or facilitate fraud or harmful conduct.
Upload malicious code, probe or bypass security, interfere with availability, or access another customer’s data without authorization.
Reverse engineer or copy protected software except where law expressly permits it.
Scrape, resell, sublicense, or commercially exploit the services outside the rights granted in your agreement.
Submit content you do not have the right to use or process.
Use automated systems in a way that creates unreasonable load or disrupts other users.
You retain your rights in data and content you submit to the services. You grant Culinary Analytics the limited rights needed to host, copy, transmit, transform, back up, and otherwise process that data to provide, secure, support, and improve the services and meet legal obligations.
You are responsible for providing required notices, obtaining required permissions, and using the services lawfully with respect to staff, guests, and other individuals. Our Privacy Policy explains how Culinary Analytics handles personal information in its own role.
Culinary Analytics and its licensors own the services, software, designs, documentation, trademarks, and related intellectual property. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the services during the applicable term for your internal business operations.
If you provide feedback, you allow us to use it without restriction or payment, provided we do not identify you publicly without permission.
Each party may receive non-public information that should reasonably be understood as confidential. The receiving party will use it only for the relationship, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound to protect it. This does not cover information that is public without breach, already lawfully known, independently developed, or lawfully received from another source.
We may suspend access when reasonably necessary to address a security threat, unlawful use, material breach, provider requirement, or overdue undisputed fees. We will limit the scope and duration when practicable. Termination and data-export rights are governed by the applicable agreement. Provisions that by their nature should survive termination will survive.
To the maximum extent permitted by law, the services are provided “as is” and “as available.” Culinary Analytics disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Operational reports and forecasts are decision-support tools and are not accounting, tax, legal, medical, or financial advice. No internet, device, integration, or software service can be guaranteed uninterrupted or error-free.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or data, arising from these Terms. Culinary Analytics’ aggregate liability arising from the services will not exceed the fees paid or payable for the affected services during the twelve months before the event giving rise to the claim. These limits do not apply where they are prohibited by law or to liabilities that cannot lawfully be limited.
You will defend and indemnify Culinary Analytics from third-party claims arising from your customer data, products, restaurant operations, unlawful use of the services, or material breach of these Terms. Culinary Analytics will provide prompt notice and reasonable cooperation, and you may not settle a claim in a way that admits fault or imposes obligations on Culinary Analytics without written consent.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Unless a signed agreement states otherwise, state and federal courts located in Texas will have exclusive jurisdiction, and each party consents to those courts. Mandatory consumer protections that apply in your location are not excluded.
We may update these Terms. Material changes will apply prospectively, and we will provide notice when required. Continued use after the effective date of updated Terms means you accept them. Questions may be sent to info@culinaryanalytics.com.