Terms of Service

Acceptance of Terms

By accessing and using the services provided by orbitalproneum SARL ("orbitalproneum", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("Customer", "you", or "your") and orbitalproneum regarding your use of our restaurant analytics platform and related services.

If you do not agree to these Terms, you must not access or use our services. Your continued use of our services following any changes to these Terms constitutes acceptance of those changes.

Description of Services

orbitalproneum provides restaurant analytics services, including but not limited to:

• Reservation data analysis and reporting
• Customer behaviour insights and analytics
• Revenue optimisation tools and dashboards
• Real-time monitoring and notification services
• Custom dashboard development and integration
• Training and support services

Our services are designed to help restaurant owners and operators make data-driven decisions to improve their business performance.

User Obligations

As a user of our services, you agree to:

Authorised Use

You may only use our services for lawful business purposes in accordance with these Terms. You must not use our services in any way that violates applicable laws or regulations.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

Data Accuracy

You are responsible for ensuring that any data you provide to us is accurate, complete, and up-to-date. You must have the necessary rights and permissions to share any data with us for analysis.

Prohibited Activities

You must not:

• Attempt to gain unauthorised access to our systems or services
• Interfere with or disrupt the operation of our services
• Use our services to transmit harmful, offensive, or illegal content
• Reverse engineer, decompile, or attempt to extract source code from our platform
• Share your account credentials with unauthorised parties
• Use our services for competitive intelligence or to develop competing products

Payment Terms

Our services are provided on a subscription basis with fees as specified in your service agreement. Payment terms include:

• Fees are payable in advance on a monthly or annual basis as agreed
• All fees are exclusive of applicable taxes, which you are responsible for paying
• Late payments may result in service suspension or termination
• Refunds are provided only as specified in your service agreement

Intellectual Property

All intellectual property rights in our services, including but not limited to software, algorithms, dashboards, reports, and documentation, are owned by orbitalproneum or our licensors. These Terms do not grant you any ownership rights in our intellectual property.

Limited Licence

We grant you a limited, non-exclusive, non-transferable licence to access and use our services solely for your internal business purposes in accordance with these Terms and your service agreement.

Customer Data

You retain ownership of your data that you provide to us for analysis. By using our services, you grant us a licence to process, analyse, and generate insights from your data solely for the purpose of providing our services to you.

Feedback

Any feedback, suggestions, or ideas you provide to us regarding our services may be used by us without any obligation to you.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which forms part of these Terms. By using our services, you consent to the collection and use of your data as described in our Privacy Policy.

Service Availability

While we strive to provide reliable and continuous service, we cannot guarantee that our services will be available at all times. Our services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

Limitation of Liability

To the maximum extent permitted by applicable law:

Disclaimer of Warranties

Our services are provided "as is" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Damages

In no event shall orbitalproneum be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with your use of our services.

Maximum Liability

Our total liability to you for any claims arising out of or relating to these Terms or our services shall not exceed the amount paid by you to us in the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless orbitalproneum and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or relating to:

• Your use of our services in violation of these Terms
• Your violation of any applicable laws or regulations
• Any data you provide to us that infringes third-party rights
• Any negligent or wrongful conduct by you or your employees

Termination

Either party may terminate your access to our services in accordance with your service agreement. We may also suspend or terminate your access immediately if:

• You breach these Terms or your service agreement
• Your account becomes overdue for payment
• We reasonably believe that continued provision of services would violate applicable laws
• You engage in conduct that could harm our reputation or other customers

Effect of Termination

Upon termination, your right to access and use our services will cease immediately. We will provide you with access to export your data for a reasonable period following termination, after which we may delete your data in accordance with our data retention policies.

Governing Law

These Terms are governed by and construed in accordance with the laws of Luxembourg, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Luxembourg.

Changes to Terms

We may modify these Terms from time to time to reflect changes in our services, business practices, or legal requirements. We will provide notice 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 changes constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the intent of the original provision.

Entire Agreement

These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and orbitalproneum regarding your use of our services and supersede all prior agreements and understandings.

Contact Information

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