Terms of Service

Welcome to Qendrix. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "Restaurant," or "You") and Qendrix, Inc. ("Qendrix," "we," "us," or "our"). By accessing or using our website, AI booking agent, table management system, or related services (the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 18.

1. Description of Service

Qendrix provides an AI-powered restaurant management platform that includes:

• AI Booking Agent: An automated system for handling phone, text, and online reservations using artificial intelligence.
• Table Management System (TMS): Tools for managing floor plans, seating arrangements, waitlists, and server rotation.
• Guest Intelligence: CRM features for tracking guest history, preferences, dietary restrictions, and special occasions.
• Analytics & Reporting: Dashboards, reporting, and predictive insights for business optimization.
• Integrations: Connections with third-party POS systems, payment processors, and marketing platforms.

2. Eligibility

To use the Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction.
• Have the legal authority to bind yourself or your organization to these Terms.
• Not be prohibited from using the Services under applicable law.
• Be a legitimate hospitality business (restaurant, bar, café, or similar establishment).

3. Account Registration

3.1 Account Creation: To use the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep this information up-to-date.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.3 Account Sharing: You may create multiple user accounts for your staff members. Each user must have their own credentials. You are responsible for ensuring that your staff complies with these Terms.

3.4 Account Suspension: We reserve the right to suspend or terminate accounts that are inactive for more than 12 months, or for any violation of these Terms.

4. Use of AI & Disclaimers

4.1 AI Limitations: Our Service uses artificial intelligence to interact with your guests. While sophisticated, AI technology has inherent limitations. The AI may occasionally make errors, misunderstand context, provide inaccurate information, or fail to complete a booking. You acknowledge that Qendrix is not liable for misunderstandings, booking errors, double bookings, or missed reservations resulting from AI interactions.

4.2 Monitoring and Recording: We may monitor and record calls, text messages, and other communications processed by the AI for quality assurance, training, compliance, and improvement purposes. You represent and warrant that you have obtained all necessary rights, consents, and authorizations to allow such recording in your jurisdiction, including complying with any two-party consent laws.

4.3 AI Disclosure to Guests: You are responsible for disclosing to your guests that they may be interacting with an AI system when they contact your establishment through Qendrix-powered channels.

4.4 No Guaranteed Results: While we strive to provide accurate and reliable AI services, we do not guarantee any specific results, including increased bookings, revenue, or customer satisfaction.

5. Fees and Payment

5.1 Subscription Fees: The Services are offered on a subscription basis. Current pricing is available on our website. We may offer different plans with varying features and limits.

5.2 Billing Cycle: Payments are processed monthly or annually in advance, depending on your selected plan. By providing a payment method, you authorize us to charge the applicable fees automatically.

5.3 Taxes: All fees are exclusive of applicable taxes (including VAT, GST, and sales tax), which you are responsible for paying.

5.4 Price Changes: We may change our prices at any time. Price changes will take effect at the start of your next billing cycle. We will provide at least 30 days' notice before any price increase.

5.5 Late Payment: If payment fails, we may suspend your access to the Services until payment is received. Accounts with balances overdue by more than 30 days may be subject to interest charges and/or collection fees.

5.6 Cancellation: You may cancel your subscription at any time through your account settings or by contacting support. Your access will continue until the end of the current billing cycle.

5.7 Refunds: We do not offer refunds for partial use, unused portions of your subscription, or for any fees already charged. Refunds may be provided at our sole discretion.

6. Free Trials and Promotions

6.1 Free Trials: We may offer free trials at our discretion. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

6.2 Promotional Offers: Promotional pricing or discounts are subject to specific terms and may be limited to new customers, specific plans, or time periods.

7. Data Ownership & License

7.1 Your Data: You retain all rights to your data (e.g., your menu, floor plans, operational settings, and specific guest lists that you input). You grant Qendrix a non-exclusive, worldwide, royalty-free license to use, copy, store, and process this data solely to provide and improve the Services.

7.2 Guest Data: Both parties agree to handle guest personal information in compliance with applicable privacy laws and our Privacy Policy. You are the data controller for guest data collected through your use of the Services; Qendrix acts as a data processor.

7.3 Aggregated Data: Qendrix may collect and use anonymized, aggregated data derived from the use of the Services for analytics, benchmarking, industry reports, marketing, and product improvement. This data will not identify you or your guests.

7.4 Data Portability: Upon request, we will provide an export of your data in a commonly used format within 30 days.

8. Intellectual Property

8.1 Qendrix IP: The Services, including all software, algorithms, AI models, designs, text, graphics, logos, trademarks, and other content, are owned by Qendrix or its licensors and are protected by intellectual property laws. These Terms do not grant you any ownership rights in the Services.

8.2 Limited License: Subject to your compliance with these Terms, Qendrix grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

8.3 Feedback: If you provide us with feedback, suggestions, or ideas about the Services, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into our Services without any obligation to you.

8.4 Restrictions: You may not: (a) sublicense, sell, or distribute the Services; (b) modify, adapt, or create derivative works; (c) reverse engineer, decompile, or disassemble the Services; (d) remove any proprietary notices; (e) use the Services to build a competing product.

9. Your Responsibilities

As a Customer, you agree to:

• Provide accurate business information and keep it up-to-date.
• Honor reservations made through the Services.
• Maintain accurate availability in the system.
• Respond promptly to guest inquiries escalated by the AI.
• Comply with all applicable laws, including consumer protection, data privacy, and accessibility laws.
• Obtain and maintain all necessary licenses and permits to operate your business.
• Ensure that any content you upload does not infringe third-party rights.

10. Acceptable Use

You agree not to:

• Use the Services for any illegal, fraudulent, or unauthorized purpose.
• Attempt to reverse engineer, decompile, or copy the Services or underlying technology.
• Use the AI agent to harass, spam, deceive, or mislead guests.
• Transmit viruses, malware, or other harmful code.
• Overload, interfere with, or disrupt the integrity or performance of our systems.
• Attempt to gain unauthorized access to our systems or other users' accounts.
• Scrape, data mine, or use automated tools to access the Services (except as expressly permitted).
• Use the Services in a way that could damage, disable, or impair Qendrix or other users.
• Violate any applicable laws or regulations.
• Resell, redistribute, or sublicense the Services without our written consent.

11. Service Level & Availability

11.1 Availability: We strive to maintain high availability of the Services but do not guarantee uninterrupted access. The Services may be unavailable during maintenance windows, updates, or due to circumstances beyond our control.

11.2 Scheduled Maintenance: We will provide reasonable notice of planned maintenance that may affect availability, typically via email or in-app notification.

11.3 Support: We provide customer support during business hours. Response times vary based on your subscription plan and issue severity.

12. Third-Party Integrations

12.1 Third-Party Services: The Services may integrate with or link to third-party services (e.g., POS systems, payment processors, review platforms). Your use of such services is governed by their respective terms and privacy policies.

12.2 No Endorsement: Qendrix does not endorse and is not responsible for the availability, accuracy, or content of third-party services, or for any loss or damage caused by your use of them.

13. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. QENDRIX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QENDRIX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL;
• ANY COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES;
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
• DAMAGES ARISING FROM AI ERRORS, MISUNDERSTANDINGS, OR BOOKING FAILURES;
• DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT.

IN NO EVENT SHALL QENDRIX'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO QENDRIX IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Qendrix and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights; (e) any content or data you submit through the Services; or (f) your failure to comply with applicable recording consent laws.

16. Termination

16.1 Termination by You: You may terminate these Terms at any time by canceling your subscription and ceasing use of the Services.

16.2 Termination by Qendrix: We reserve the right to suspend or terminate your access to the Services at our sole discretion, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason.

16.3 Effect of Termination: Upon termination: (a) your right to use the Services immediately ceases; (b) you remain liable for all fees incurred prior to termination; (c) we may delete your data after a reasonable retention period (typically 30 days), unless a longer period is required by law.

16.4 Survival: Sections regarding intellectual property, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive, shall survive termination.

17. Modifications to Service and Terms

17.1 Service Changes: We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation.

17.2 Terms Changes: We may update these Terms from time to time. Material changes will be communicated via email or prominent notice on our website at least 30 days before they take effect. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

18. Dispute Resolution

18.1 Informal Resolution: Before filing any formal dispute, you agree to first contact us at hello@qendrix.com and attempt to resolve the dispute informally for at least 30 days.

18.2 Binding Arbitration: If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, USA, or another mutually agreed location.

18.3 Class Action Waiver: YOU AND QENDRIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

18.4 Exceptions: Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration agreement above, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any disputes not subject to arbitration.

20. Force Majeure

Qendrix shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, epidemics or pandemics, internet or telecommunications failures, power outages, or failures of third-party service providers.

21. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) and sanctions programs administered by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC). You may not use or export the Services in violation of these laws.

22. General Provisions

22.1 Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Qendrix regarding the Services.

22.2 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

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

22.4 Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Qendrix may assign these Terms without restriction.

22.5 Notices: We may provide notices to you via email, in-app notification, or posting on our website. You may provide notices to us via email at hello@qendrix.com.

22.6 No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.

Contact

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