Terms of Service

Acceptance of Terms

By accessing or using the spitefizhu platform, website, or services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

These terms apply to all users of the service, including but not limited to restaurant owners, managers, staff members, and any other individuals or entities that access or use our platform.

We reserve the right to modify these terms at any time. Your continued use of the service following any changes constitutes acceptance of the new terms.

Service Description

spitefizhu provides a cloud-based analytics platform specifically designed for restaurants to analyse online ordering data, track revenue performance, and generate business insights. Our services include:

• Revenue analytics and reporting
• Customer behaviour analysis
• Menu performance optimisation tools
• Integration with POS systems and ordering platforms
• Predictive analytics and forecasting
• Custom reporting and dashboard creation

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to users.

User Obligations

As a user of our services, you agree to:

• Provide accurate and complete information when creating your account
• Maintain the security of your login credentials and notify us immediately of any unauthorised access
• Use the service only for lawful purposes and in accordance with these terms
• Not attempt to gain unauthorised access to our systems or other users' data
• Not use the service to transmit harmful code, viruses, or malicious software
• Comply with all applicable laws and regulations in your use of the service
• Respect the intellectual property rights of spitefizhu and third parties
• Not reverse engineer, decompile, or attempt to extract the source code of our platform

You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your account information.

Data and Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to the collection, use, and sharing of your data as described in our Privacy Policy.

You retain ownership of your restaurant data and business information. You grant spitefizhu a licence to use this data solely for the purpose of providing our analytics services to you.

We implement industry-standard security measures to protect your data, but you acknowledge that no system is completely secure and that you use our services at your own risk.

Payment Terms

Use of our services requires payment of applicable fees according to your chosen subscription plan. Payment terms include:

• Fees are charged in advance on a monthly or annual basis as specified in your plan
• All fees are non-refundable except as expressly stated in these terms
• We may change our fees with 30 days' written notice
• Failure to pay fees may result in suspension or termination of your account
• You are responsible for all taxes associated with your use of our services

Intellectual Property

The spitefizhu platform, including all software, algorithms, designs, text, graphics, and other content, is the intellectual property of spitefizhu S.A. and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to use our platform solely for your internal business purposes in accordance with these terms. This licence does not include the right to:

• Copy, modify, or create derivative works of our platform
• Distribute, sell, lease, or sublicense access to our services
• Use our trademarks, logos, or branding without written permission
• Remove or alter any proprietary notices or labels

Any feedback, suggestions, or improvements you provide regarding our services may be used by spitefizhu without compensation or attribution.

Limitation of Liability

To the maximum extent permitted by law, spitefizhu shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our services.

Our total liability to you for any claims arising from or related to these terms or our services shall not exceed the amount paid by you to spitefizhu in the 12 months preceding the claim.

We provide our services "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that our services will be uninterrupted, error-free, or completely secure, though we strive to provide reliable and secure services.

Indemnification

You agree to indemnify, defend, and hold harmless spitefizhu, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of our services in violation of these terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights
• Any data or content you provide through our services

Termination

Either party may terminate this agreement at any time with written notice. Termination conditions include:

• You may cancel your subscription at any time through your account settings
• We may terminate your access for violation of these terms or non-payment of fees
• Upon termination, your access to the service will cease and your data may be deleted
• You may request a copy of your data within 30 days of termination
• Provisions regarding intellectual property, limitation of liability, and governing law shall survive termination

Governing Law

These terms shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions. Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts of Braga, Portugal.

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining terms shall remain in full force and effect.

Force Majeure

spitefizhu shall not be liable for any failure or delay in performance under these terms which is due to fire, flood, earthquake, pandemic, government action, war, terrorism, or other causes beyond our reasonable control.

Contact Information

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

• Email: legal@spitefizhu.world
• Phone: +351 258 657 622
• Address: spitefizhu S.A., Rua de Santa Catarina 182, 4785-698 Braga, Portugal

Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on our services, constitute the entire agreement between you and spitefizhu concerning our services.

No waiver of any term of these terms shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.