Terms of Service

Terms of Service

These Terms of Service ("Terms") govern your use of the services provided by freshvectorhubum S.A. ("Company", "we", "us", or "our") and your access to our website. By using our services or accessing our website, you agree to be bound by these Terms.

Acceptance of Terms

By accessing our website, engaging our services, or entering into a service agreement with freshvectorhubum, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not use our services or website.

These Terms apply to all users of our website and clients of our restaurant technology services, including but not limited to restaurant owners, managers, and authorised representatives.

Description of Services

freshvectorhubum provides restaurant technology stack setup and implementation services, including but not limited to:

• Point of sale system configuration and installation
• Cloud infrastructure setup and management
• Digital ordering platform implementation
• Analytics and reporting system setup
• Technology integration services
• Staff training and ongoing support
• Consultation and advisory services

Specific services will be detailed in individual service agreements or statements of work.

User Obligations

When using our services, you agree to:

• Provide accurate and complete information when requesting services or creating accounts
• Maintain the confidentiality of any login credentials or access information provided
• Use our services only for lawful purposes and in accordance with applicable laws and regulations
• Not interfere with or disrupt our services or systems
• Comply with all reasonable instructions and recommendations provided by our technical team
• Ensure your staff receive appropriate training on implemented systems
• Maintain adequate security measures for systems we implement
• Notify us promptly of any security breaches or system issues

Payment Terms

Payment terms for our services will be specified in individual service agreements. General payment conditions include:

• All fees are quoted in Euros (EUR) unless otherwise specified
• Payment is typically required within 30 days of invoice date unless otherwise agreed
• Late payment may result in suspension of services and additional charges
• All prices are exclusive of applicable taxes unless stated otherwise
• Refunds, if applicable, will be processed according to the specific terms in your service agreement

Intellectual Property

All intellectual property rights in our services, including but not limited to software, documentation, methodologies, and proprietary processes, remain the exclusive property of freshvectorhubum or our licensors.

You are granted a limited, non-exclusive, non-transferable licence to use our services and any provided software solely for your internal business operations. You may not:

• Copy, modify, or distribute our proprietary materials
• Reverse engineer or attempt to derive source code from our software
• Remove or alter any proprietary notices or labels
• Use our intellectual property to develop competing services

Any customisations or configurations we create specifically for your business remain our intellectual property but you retain the right to use them as part of our ongoing service relationship.

Confidentiality

We acknowledge that in providing our services, we may have access to confidential business information. We agree to maintain the confidentiality of such information and use it solely for the purpose of providing our services to you.

Both parties agree not to disclose confidential information to third parties without prior written consent, except as required by law or as necessary to provide the agreed services.

Limitation of Liability

To the maximum extent permitted by applicable law, freshvectorhubum's total liability for any claims arising out of or related to our services shall not exceed the total amount paid by you for services in the twelve (12) months preceding the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, regardless of whether we have been advised of the possibility of such damages.

This limitation of liability does not apply to:

• Damages caused by our gross negligence or wilful misconduct
• Breaches of confidentiality obligations
• Claims related to intellectual property infringement
• Any liability that cannot be excluded under applicable law

Warranties and Disclaimers

We warrant that our services will be performed with reasonable skill and care in accordance with industry standards. However, except as expressly stated in these Terms or a specific service agreement:

• Our services are provided "as is" without warranties of any kind
• We disclaim all warranties, whether express, implied, or statutory
• We do not warrant that our services will be uninterrupted or error-free
• We do not guarantee specific business outcomes or results

Your exclusive remedy for breach of warranty is re-performance of the defective services or, if re-performance is not possible, a refund of fees paid for the defective services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Portugal. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Lisbon, Portugal.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Termination

Either party may terminate the service relationship with reasonable written notice as specified in the applicable service agreement. Immediate termination may occur if:

• Either party materially breaches these Terms and fails to remedy the breach within 30 days of written notice
• Either party becomes insolvent or subject to bankruptcy proceedings
• Continued performance becomes illegal or impossible

Upon termination:

• All outstanding fees become immediately due and payable
• We will provide reasonable assistance in transitioning services
• Each party will return or destroy confidential information of the other party
• Provisions relating to confidentiality, intellectual property, and limitation of liability shall survive termination

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, or government actions.

Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Contact Information

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