1. DESCRIPTION OF SERVICE
Service shall mean subscription to Restograph which is a restaurant management software that takes advantage of real-time sales analytics to deliver actionable insights.
2. SUBSCRIPTION AS BOOSTER TO WIRELESS SERVICE
a. Subscription to a wireless service is a condition precedent to subscription to the Service. In the event that Customer terminates his/her subscription to a wireless service, subscription to the Service will also be automatically terminated.
b. Additional Restograph Booster will require additional subscription to a wireless service.
3. MINIMUM SUBSCRIPTION PERIOD (MSP)
a. Subscription to Restograph has an MSP of twenty-four (24) months from activation. Upon expiration of the MSP, subscription to the Service will continue until Customer or Globe terminates the subscription.
b. Should the Customer terminate the subscription to Restograph within the MSP, Customer shall pay pre-termination charge equivalent to the total MSF of the Restograph Booster multiplied by the remaining months of the MSP.
a. Restograph and any copyrights, trademarks, patents, trade secrets, intellectual property rights and other proprietary rights in and to the Service are owned by Globe’s licensor and/or its Suppliers, and Customer obtains no right, title or interest therein. Should the Service or the operation thereof become, or in Globe’s opinion is likely to become, the subject of a claim of infringement, Globe may (i) procure for Customer the right to continue using the Service, (ii) replace or modify the same so that it becomes non-infringing; or (iii) terminate this Agreement upon written notice in which event, Customer will not be liable for pre-termination charges.
a. Customer shall provide for a security system for its own network, equipment, and/or operating system and other similar appurtenances. The Customer shall be responsible for ensuring the security and confidentiality of its own systems and devices.
b. Customer shall be responsible for the security of its user name and password. Any use of the Service through Customer’s user name and password shall be conclusively presumed to be authorized by the Customer.
6. TECHNICAL SUPPORT
Technical support shall consist of resolution of issues such as access, content, and other similar problems. For technical support, Customer may email [email protected] Mondays to Fridays, 8:00 a.m. to 5:00 p.m.
7. PROHIBITED ACTS
The Customer shall use the Service only for legitimate purposes and shall not –
a. Use the Service for any purpose that is illegal, immoral, or contrary to public policy.
b. cause or cause others to copy, reconfigure, reverse engineer, decompile, disassemble, derive source code, modify or prepare derivative works of the Service, or tamper with any of the components of the Service;
c. remove, disable, or defeat any functionality in the Service designed to limit or control access to or its use;
d. introduce into the application any program which contains viruses, worms, ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication service;
e. provide a third party access to Service, or any portion thereof;
f. resell or bundle the Service together with other services rendered by Customer or a third party;
g. make any portion of Service available through any timesharing system, service bureau, the Internet, or any other similar technology now existing or developed in the future;
h. store in a retrieval system, transfer, publish, distribute, display to others, broadcast, sell, or sublicense the, or any portion thereof;
j. use the Service in any fashion that may infringe any copyright, intellectual property right, or proprietary or property right or interest of Globe or Globe’s licensor; or
k. engage in any activity analogous to the foregoing.
Customer shall indemnify Globe for any and all damages that Globe may suffer, as well as any third party claims for which Globe may be held liable arising out of Customer’s commission of any of the prohibitions stated in Clause 7, or violation of any of these terms and conditions.
9. FORCE MAJEURE
Neither party shall be in default if its failure to perform any obligation hereunder is caused solely by supervening conditions beyond that party’s reasonable control, including, but not limited to, natural calamities, civil commotion, strikes, labor disputes, fires, terrorist acts, or governmental demands or requirements; provided that any such performance shall be completed as soon as commercially reasonable following the termination of any such supervening conditions.
10. WARRANTY DISCLAIMER
○ Restograph is furnished on an "as is", as-available basis. Globe does not warrant that the Service will be uninterrupted or error-free. All warranties of any type not expressly stated in the Agreement, express or implied, including the warranties of merchantability and fitness for a particular purpose are expressly disclaimed.
○ Globe shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Service, (b) the unavailability or interruption of the Service, (c) Customer’s use of the Service (regardless of whether Customer received assistance from Globe or its licensor in using the Service, or (d) Customer’s use of any equipment in connection with the Service.
11. LIMITATION OF LIABILITY
○ In no event shall Globe and/or its Suppliers be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including without limitation, damages for loss of profits, loss of use, business interruption, loss of data or other pecuniary loss), in connection with this agreement, whether based upon contract, tort or any other legal theory, including negligence, even if Globe has been advised of the possibility of such damages.
○ In no event shall Globe’s liability to Customer arising out of this Agreement exceed the total amount of fees actually paid by Customer to Globe, or an amount equivalent to one year MSF, whichever is lower.
○ Globe may terminate the subscription to the Service upon notice if Customer commits any of the Prohibited Acts stated in Clause 7;
○ Globe may terminate the subscription to the Service upon 15 days prior written notice (“Cure Period”) if Customer fails to pay the MSF and other charges, if any, unless during the Cure Period, Customer pays all outstanding amounts to the full satisfaction of Globe. Globe may terminate the subscription upon seven days prior written notice in the event any circumstance arises which prevents Globe from rendering the Service. In such an event, Customer shall not be liable to pay pre-termination charge.
Customer shall not assign or transfer his/her subscription to the Service without the prior written consent of Globe.