Platform Terms of Service

Effective Date: January 7, 2025

Last Updated: January 7, 2025

1. Agreement to Terms

By accessing or using the System Path platform ("Platform," "Service," or "Services"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using the Platform.

2. Service Description

System Path provides a comprehensive restaurant marketing and commerce SaaS platform that includes:

• Multi-location restaurant management
• Menu creation and management
• Website builder with custom domains
• Order processing and management
• Customer relationship management
• Marketing and promotional tools
• Analytics and reporting
• Payment processing integration

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Platform. By registering, you represent that you have the authority to bind the entity on whose behalf you are creating an account.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your password and for all activities that occur under your account.

3.3 Account Security

You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Subscription Plans and Billing

4.1 Subscription Plans

System Path offers various subscription plans with different features and pricing. Details of current plans are available on our pricing page. We reserve the right to modify plans and pricing with 30 days' notice.

4.2 Billing and Payment

• Subscriptions are billed monthly or annually in advance
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method for all fees
• Failed payments may result in service suspension

4.3 Free Trials

If we offer a free trial, you may use the Service free of charge until the trial expires. After expiration, you must subscribe to continue using the Service.

5. User Responsibilities and Acceptable Use

5.1 Your Responsibilities

You are responsible for:

• All content you upload or transmit through the Platform
• Compliance with all applicable laws and regulations
• Obtaining necessary licenses and permits for your restaurant operations
• Accuracy of menu items, pricing, and business information
• Handling customer data in compliance with privacy laws

5.2 Prohibited Uses

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any laws
• Upload content that infringes intellectual property rights
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Platform or other accounts
• Interfere with or disrupt the Service or servers
• Reverse engineer or attempt to extract source code
• Use the Service to send spam or unsolicited communications
• Resell or redistribute the Service without authorization
• Use automated systems to access the Service without permission
• Violate any applicable food safety or health regulations

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of content you upload to the Platform ("Your Content"). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely to provide the Services.

6.2 Platform Content

The Platform and its original content (excluding Your Content), features, and functionality are owned by System Path and are protected by international copyright, trademark, and other intellectual property laws.

6.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service becomes our property and may be used without compensation or attribution to you.

7. Third-Party Services

The Platform may integrate with third-party services (payment processors, delivery platforms, marketing tools). Your use of these services is governed by their respective terms and privacy policies. We are not responsible for third-party services' actions or failures.

8. Data Protection and Privacy

Your use of the Platform is also governed by our Platform Privacy Policy. You agree to comply with all applicable data protection laws when handling customer information through the Platform.

9. Service Level Agreement

9.1 Uptime Commitment

We strive to maintain 99.9% uptime for the Platform, excluding scheduled maintenance and circumstances beyond our control.

9.2 Support

Support levels and response times vary by subscription plan. Enterprise customers receive priority support with guaranteed response times.

10. Disclaimers and Limitations of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYSTEM PATH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless System Path, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or business operations

12. Termination

12.1 Termination by You

You may terminate your account at any time through the Platform settings or by contacting support. Termination does not entitle you to refunds for unused subscription periods.

12.2 Termination by Us

We may suspend or terminate your account immediately if you violate these Terms or for any other reason with 30 days' notice. We may terminate immediately for serious violations.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete Your Content after 30 days. You remain liable for all charges incurred before termination.

13. Dispute Resolution

13.1 Arbitration

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules, except where prohibited by law.

13.2 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions, class arbitrations, or representative actions.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

14.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and System Path.

14.3 Modifications

We may modify these Terms at any time. Material changes will be notified via email or Platform notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.

14.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

14.5 Assignment

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

15. Contact Information

For questions about these Terms of Service, please contact us at: