Terms of Use

These Terms of Use ("Terms") form a binding agreement between you ("Customer", "you") and Pure Hospitality ("PureKDS", "we", "us") and govern your access to and use of the PureKDS Kitchen Intelligence software-as-a-service platform, websites, APIs, and related services (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

PureKDS provides a cloud-hosted Kitchen Display System and operational intelligence platform for hospitality operators. We may update, improve, or modify features of the Service from time to time. Material changes that adversely affect existing functionality will be communicated in advance where reasonably practicable.

You are responsible for maintaining the confidentiality of your account credentials, for all activity that occurs under your account, and for ensuring that authorized users comply with these Terms. Notify us promptly of any unauthorized access.

You agree not to, and not to permit any third party to:

• reverse engineer, decompile, or attempt to derive source code from the Service;
• resell, sublicense, or make the Service available to any third party except as expressly permitted;
• upload content that is unlawful, infringing, harmful, or contains malicious code;
• interfere with or disrupt the integrity, security, or performance of the Service;
• use the Service to build a competing product or to benchmark without our written consent.

You retain all rights to data you or your users submit to the Service ("Customer Data"). You grant us a worldwide, non-exclusive licence to host, copy, transmit, and display Customer Data solely to provide and improve the Service and as otherwise permitted by our Privacy Policy. You are responsible for the accuracy, quality, and legality of Customer Data and for obtaining all necessary consents.

Fees for paid plans are set out in your order form or applicable pricing page. Unless otherwise stated, fees are non-refundable, exclusive of taxes, and payable in advance. Late payments may incur interest and suspension of the Service.

The Service may interoperate with third-party services (for example, point-of-sale, payment, or communications providers). Your use of those services is governed by their own terms; we are not responsible for third-party services.

The Service, including all software, models, designs, and documentation, is and remains the property of PureKDS and its licensors. Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you by implication or otherwise.

Each party will protect the other's confidential information with the same degree of care it uses for its own, and at least a reasonable degree of care, and will use it only to perform under these Terms.

We will provide the Service with reasonable skill and care. Except as expressly stated, the Service is provided "as is" and we disclaim all other warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data. Each party's total aggregate liability arising out of or relating to these Terms will not exceed the fees paid by you to us in the twelve months preceding the event giving rise to the claim.

These Terms apply for the duration of your subscription. Either party may terminate for material breach not cured within thirty days of notice. On termination your right to use the Service ends and we will delete Customer Data in accordance with our retention practices.

We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, for material changes, provide reasonable notice. Continued use of the Service constitutes acceptance of the updated Terms.

These Terms are governed by the laws applicable at the registered seat of Pure Hospitality, without regard to conflict-of-laws principles. The courts located there will have exclusive jurisdiction, subject to any mandatory consumer protections.

Questions about these Terms can be sent to contact@purehospitality.ai.