Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Waddy, Inc. ("Waddy," "we," "us," or "our") governing your access to and use of the Waddy platform, including our website, applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Waddy provides a cloud-based restaurant management platform that includes:

• Employee scheduling and labor management
• Inventory tracking and purchase order management
• AI-powered forecasting and recommendations
• Sales tracking and reporting
• Point-of-sale (POS) integrations
• Multi-location management tools

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to affected customers.

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Requirements

• You must be at least 18 years old to create an account
• You must provide a valid email address
• You may not create multiple accounts for the same organization
• You must notify us immediately of any unauthorized access

3.3 Account Security

You are solely responsible for maintaining the security of your account. We recommend using strong, unique passwords and enabling two-factor authentication where available.

4. Subscription and Billing

4.1 Free Trial

We offer a 14-day free trial that provides full access to the Service. No credit card is required for the trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Service.

4.2 Subscription Plans

We offer several subscription tiers (Starter, Professional, Enterprise) with varying features and pricing. Current pricing is available on our website. We reserve the right to change pricing with 30 days' notice to existing customers.

4.3 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Per-location pricing is calculated based on active locations
• Adding locations during a billing cycle will result in prorated charges
• All fees are non-refundable except as expressly stated herein

4.4 Payment

Payment is processed through our third-party payment processor (Stripe). By providing payment information, you authorize us to charge your payment method for all fees incurred. You are responsible for keeping your payment information current.

4.5 Failed Payments

If a payment fails, we will attempt to process it again and notify you. Continued payment failure may result in suspension or termination of your account.

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful purposes related to managing your restaurant operations. You agree not to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble the Service
• Resell, sublicense, or redistribute the Service
• Use the Service to compete with Waddy
• Scrape or collect data from the Service by automated means

5.2 Content Standards

You are responsible for all data, content, and information you upload to the Service. You agree not to upload content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.

6. Data and Privacy

6.1 Your Data

You retain ownership of all data you input into the Service ("Customer Data"). You grant us a limited license to use Customer Data solely to provide and improve the Service.

6.2 Data Processing

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.3 Data Security

We implement industry-standard security measures to protect Customer Data. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

6.4 Data Portability

You may export your Customer Data at any time through the Service. Upon termination, we will make your data available for export for 30 days before permanent deletion.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by Waddy and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription term.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.

7.3 Trademarks

"Waddy" and associated logos are trademarks of Waddy, Inc. You may not use our trademarks without prior written consent.

8. Third-Party Integrations

The Service may integrate with third-party services (e.g., POS systems, payment processors). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the actions or content of third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER 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 uninterrupted, error-free, or secure. AI-generated recommendations are suggestions only and should not be relied upon as the sole basis for business decisions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESTAURANTSAAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Waddy and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of a third party.

12. Term and Termination

12.1 Term

These Terms remain in effect until terminated by either party.

12.2 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period.

12.3 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security risk to the Service

12.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You may export your data for 30 days following termination. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, and indemnification.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at [email protected] to attempt to resolve any dispute informally.

13.2 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

14.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Waddy regarding the Service.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14.6 Modifications

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms, please contact us at: