Terms of Service

2. Account Registration and Security

2.1 Account Creation

To use certain features of our Services, you must register for an account. When registering, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding contract

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that we believe have been compromised.

3. Subscription and Payment

3.1 Subscription Plans

Our Services are offered on a subscription basis. By subscribing, you agree to pay the fees associated with your chosen plan. Subscription fees are charged in advance on a recurring basis (monthly or annually, as selected).

3.2 Payment Terms

• All fees are non-refundable unless otherwise stated
• You authorize us to charge your payment method on a recurring basis
• You are responsible for all applicable taxes
• Failed payments may result in service suspension or termination

3.3 Price Changes

We reserve the right to modify our pricing with at least 30 days' advance notice. Price changes will apply to subsequent billing cycles. If you do not accept the new pricing, you may cancel your subscription.

3.4 Free Trials

We may offer free trials for certain subscription plans. At the end of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use the Services to send spam or unsolicited communications
• Engage in any automated use of the Services (bots, scrapers, etc.) without our written permission
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Services for any competitive purposes or to build a competing product

5. Intellectual Property Rights

5.1 Our Rights

The Services, including all content, features, functionality, software, and underlying technology, are owned by Mise and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.

5.2 Your Rights

You retain all rights to the data and content you input into the Services ("Your Content"). By using the Services, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and transmit Your Content to provide the Services
• Create aggregated, anonymized data for analytics and service improvement

You represent and warrant that you have all necessary rights to Your Content and that Your Content does not violate any third-party rights or applicable laws.

6. Third-Party Integrations

Our Services may integrate with third-party services (e.g., Toast POS, QuickBooks, payment processors). Your use of these integrations is subject to the third party's terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services.

You authorize us to access and use data from integrated third-party services as necessary to provide our Services.

7. Data Backup and Security

While we implement industry-standard security measures and perform regular backups, you are responsible for:

• Maintaining your own backups of critical data
• Implementing appropriate security measures at your restaurant locations
• Ensuring employee compliance with security best practices

We are not liable for data loss or security breaches resulting from your failure to follow security best practices.

8. Service Availability

We strive to provide reliable, uninterrupted service. However, we do not guarantee that:

• The Services will be available at all times or without interruption
• The Services will be error-free or bug-free
• Any defects will be corrected within a specific timeframe

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

9. Disclaimers and Limitations of Liability

9.1 Disclaimers

THE SERVICES ARE 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, TITLE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute goods or services
• Any damages arising from your use or inability to use the Services

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Mise and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or any data you submit

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. You will not receive a refund for any unused portion of your subscription.

11.2 Termination by Us

We may suspend or terminate your access to the Services immediately, without prior notice, if:

• You breach these Terms
• Your payment method fails
• We are required to do so by law
• We believe your use poses a security risk or harms our systems or other users

11.3 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• We will delete Your Content within 90 days, unless required to retain it by law
• You may request an export of Your Content before deletion

Sections 5, 9, 10, 12, and 13 shall survive termination.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

12.2 Arbitration

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and the seat of arbitration shall be determined by mutual agreement.

You and Mise agree to waive any right to a jury trial or to participate in a class action.

12.3 Exceptions

Either party may seek injunctive relief in court to protect its intellectual property rights or to enforce confidentiality obligations.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and EULA, constitute the entire agreement between you and Mise regarding the Services.

13.2 Amendments

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

13.3 Severability

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

13.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.5 Assignment

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

13.6 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including acts of God, war, terrorism, strikes, or natural disasters.

14. Contact Information

If you have any questions about these Terms, please contact us at: