These Terms of Service ("Terms") govern access to and use of the software, website, and services provided by Esyncify ("Esyncify", "we", "our", or "us"). By creating an account, accessing, or using our services, you ("Customer", "you", or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
If you do not agree to these Terms, you may not access or use the services.
The Services are intended solely for businesses and commercial users. You must be at least the age of majority in your jurisdiction and capable of forming a binding contract.
To use the Services, you must register for an Account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials, all activity that occurs under your Account, and promptly notifying us of any unauthorized use or security breach.
We may refuse, suspend, or terminate Accounts at our discretion in accordance with these Terms.
Esyncify provides software that consolidates and manages restaurant orders received from Connected Platforms, routes orders to POS systems and kitchen printers, synchronizes menus and order status, and generates operational reports.
The Services are provided on a subscription basis and may evolve over time. We may add, modify, or remove features, functionality, or supported integrations. We will use reasonable efforts to provide notice of material changes that adversely affect core functionality.
The Services rely on, and interoperate with, Connected Platforms that are operated by independent third parties and are outside Esyncify's control. You acknowledge and agree that your use of any Connected Platform is governed by that platform's own terms, you are solely responsible for maintaining your own accounts, authorizations, and compliance with each Connected Platform. Esyncify is not a party to your relationship with any Connected Platform, and Connected Platforms may change or discontinue their APIs at any time. You authorize Esyncify to access, receive, transmit, and process data through Connected Platforms on your behalf to provide the Services.
You agree to use the Services only for lawful business purposes. You will not interfere with the Services, reverse engineer them, resell them, introduce malware, or misuse end-customer personal information for any purpose other than fulfilling and managing orders.
Access to the Services requires payment of applicable subscription fees. Fees are billed in advance on a recurring basis, are non-refundable except as required by law, and may change upon reasonable advance notice. You are responsible for all applicable taxes. If any payment is overdue, we may suspend or terminate access after reasonable notice.
As between the parties, Customer retains all rights to Customer Data. You grant Esyncify a limited, non-exclusive license to host, process, transmit, and display Customer Data solely as necessary to provide the Services. With respect to order information and end-customer personal information, Esyncify acts as a service provider processing such information on your behalf and under your instructions. Our Privacy Policy is incorporated into these Terms by reference.
The Services and all related content are owned by Esyncify or its licensors. No rights are granted beyond the limited right to use the Services. You may not use Esyncify's name, logos, or trademarks without prior written consent.
We will use commercially reasonable efforts to keep the Services available. In the event of a documented Esyncify Service Outage lasting more than 24 continuous hours, Esyncify may, at its sole discretion, issue service credits. No credits or refunds will be issued for issues arising from Connected Platform failures, your own internet connectivity or hardware, or events beyond Esyncify's control.
We may suspend your access if you breach these Terms, fail to pay fees, or your use poses a security risk. Where practicable, we will provide notice and an opportunity to remedy the issue.
These Terms remain in effect while you use the Services. Either party may terminate in accordance with these Terms. Upon termination, your right to use the Services ceases. We will make Customer Data available for export for a limited period, after which it may be deleted per our Privacy Policy.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. ESYNCIFY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESYNCIFY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ESYNCIFY'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.
You agree to indemnify and hold harmless Esyncify and its officers, directors, employees, and agents from claims arising out of your use of the Services, your Customer Data, or your violation of these Terms or any Connected Platform's terms.
Each party will protect the other's non-public information using reasonable care and use it only as needed to perform under these Terms.
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The courts of British Columbia will have exclusive jurisdiction over disputes arising from these Terms.
We may update these Terms from time to time with reasonable notice. Continued use after changes take effect constitutes acceptance.
Neither party is liable for delays caused by events beyond its reasonable control. You may not assign these Terms without our prior written consent. If any provision is held unenforceable, the remaining provisions remain in full effect.
If you have questions regarding these Terms, please contact:
Esyncify — Vancouver, British Columbia, Canada
General inquiries: [email protected]
Privacy requests: [email protected]