1. Terms & Conditions
These Terms & Conditions ("Terms") govern access to and use of KitchenAO and related services (the "Services") provided by Velorithm Private Limited ("Velorithm", "we", "us").
By creating an account, accessing, or using the Services, you ("Customer", "you") agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.
1.1 Definitions
- Account: the subscription and login credentials associated with a Customer.
- Authorized Users: individuals you permit to access the Services under your Account (e.g., owner, admin, manager, staff).
- Customer Data: data you or your Authorized Users submit to the Services, including operational, inventory, labor, menu, order, vendor, and analytics-related data.
- Documentation: published user guides, help articles, or materials we provide for the Services.
- Order Form: online checkout, quote, or other ordering document specifying subscription plan, pricing, and term.
1.2 Scope of Services
KitchenAO is an AI-driven platform for inventory management, labor scheduling, menu management, analytics and forecasting, pricing and profitability insights, kitchen workflow/order tracking, and procurement/vendor workflows.
We may also provide professional services such as implementation, data migration, and training ("Professional Services"). Professional Services may be scoped and billed separately, and deliverables (if any) are subject to Section 1.8 (Intellectual Property).
We may update, modify, or discontinue parts of the Services at any time, including adding or removing features, with or without notice. For paid subscriptions, we will not intentionally disable material functionality of the then-current paid plan during an active paid term without providing a commercially reasonable substitute; provided that Velorithm will have sole discretion to determine (a) what constitutes 'material functionality' of a plan and (b) whether a substitute is commercially reasonable.
1.3 Eligibility and Account Responsibilities
- Authorized Users must be at least 18 years old.
- You are responsible for all activity under your Account and for maintaining the confidentiality of credentials.
- You must ensure that your Authorized Users comply with these Terms and our Acceptable Use Policy.
- You must provide accurate Account information and keep it updated.
1.4 Subscription, Fees, Billing, and Taxes
Subscriptions are sold on monthly or annual billing cycles as selected at purchase. Access is typically per Authorized User unless specified otherwise in an Order Form.
Subscriptions auto-renew unless you cancel before the renewal date. You can cancel at any time; cancellation stops future renewals but does not terminate access to the current paid period unless we state otherwise.
All fees are non-refundable except where required by applicable law or expressly stated in writing by Velorithm.
You authorize us (and our payment processors) to charge your payment method for fees, applicable taxes, and any add-ons you purchase.
You are responsible for all taxes, duties, and government assessments associated with your purchase, except taxes based on our net income.
1.5 Nonpayment, Suspension, and Reactivation
- If payment fails or is overdue, we may immediately suspend or restrict access to the Services without any grace period.
- We may charge reasonable reactivation or administrative fees where permitted.
- During suspension, Customer Data may become inaccessible, and certain automated processes may stop.
1.6 Customer Data, Data Accuracy, and AI Outputs
You retain ownership of Customer Data. You grant Velorithm a worldwide, non-exclusive, royalty-free right to host, store, process, transmit, and display Customer Data to provide, secure, and improve the Services, including to generate aggregated and anonymized analytics.
You are solely responsible for the accuracy, legality, and quality of Customer Data and for obtaining all rights, permissions, and consents needed to submit Customer Data (including for employee data).
The Services may provide analytics, forecasts, recommendations, or other AI-assisted outputs ("AI Outputs"). AI Outputs are informational and may be inaccurate. You are responsible for verifying AI Outputs before acting on them, and you assume all risk from decisions made based on AI Outputs.
1.7 Third-Party Services and Integrations
- The Services may interoperate with third-party products and services (e.g., hosting providers, email services, POS or accounting integrations).
- Third-party services are not under our control, and we are not responsible for third-party outages, data loss caused by third parties, or changes to third-party APIs or terms.
- You are responsible for any fees owed to third parties and for complying with third-party terms.
1.8 Intellectual Property; Feedback
Velorithm and its licensors own all right, title, and interest in the Services, Documentation, software, templates, workflows, algorithms, models, and all improvements and derivative works (collectively, "Velorithm IP"). No rights are granted to you except as expressly stated.
Subject to payment of fees and compliance with these Terms, Velorithm grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the subscription term for your internal business purposes.
If you provide feedback, suggestions, or ideas, you grant Velorithm a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate the feedback without restriction or compensation.
Unless a separate written agreement states otherwise, all customizations, configurations, scripts, connectors, or deliverables created during Professional Services remain Velorithm IP. Any source-code handover or IP buyout must be agreed separately in writing and fully paid.
1.9 Confidentiality
Each party may receive confidential information from the other. You agree to protect our Confidential Information with at least the same care you use to protect your own, and not less than reasonable care.
Confidential Information includes non-public information about the Services, pricing, security controls, roadmaps, and any non-public materials shared during Professional Services.
Confidentiality obligations do not apply to information that is publicly available without breach, independently developed, or received from a third party without breach.
1.10 Acceptable Use and Restrictions
You will not (and will not allow any third party to):
- reverse engineer, decompile, or attempt to extract source code;
- bypass usage limits;
- use the Services to build a competing product;
- use the Services unlawfully;
- upload malware;
- interfere with or disrupt the Services.
Additional rules are in the Acceptable Use Policy, which is incorporated by reference.
1.11 Beta Features
We may offer beta, preview, or experimental features. Beta features are provided "as is" and may change or be discontinued at any time. Velorithm has no liability for beta features to the maximum extent permitted by law.
1.12 Term, Cancellation, and Termination
These Terms begin when you first use the Services and continue until your subscription ends.
You may cancel at any time, effective at the end of your then-current billing cycle (unless a plan or add-on states otherwise).
We may suspend or terminate immediately if you breach these Terms, fail to pay, pose a security risk, or if required by law.
Upon termination or expiration, your right to use the Services ends.
1.13 Data Retention and Deletion
Velorithm may retain Customer Data and related system logs for as long as reasonably necessary for providing the Services, operational continuity, security, dispute resolution, and legal/compliance obligations, to the extent permitted by applicable law.
Upon a valid written request from Customer, Velorithm will delete or anonymize Customer Data in accordance with applicable data protection laws, subject to (a) retention required to comply with legal obligations, enforce agreements, or resolve disputes, and (b) security and fraud-prevention purposes.
Customer acknowledges that residual copies of Customer Data may remain in backups and archives for a limited period due to system design; such copies will be isolated and protected and will be deleted or overwritten in accordance with Velorithm's backup retention cycles, unless retention is required by law.
1.14 Warranties and Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, VELO RITHM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee uninterrupted, error-free, or secure operation. No uptime guarantee applies unless you purchase an SLA add-on.
1.15 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VELO RITHM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION.
Except to the extent liability cannot be limited under applicable law, or in cases of Velorithm's gross negligence or willful misconduct, TO THE MAXIMUM EXTENT PERMITTED BY LAW, VELO RITHM'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO VELO RITHM FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
1.16 Indemnification
You will defend, indemnify, and hold harmless Velorithm and its directors, officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from:
(a) your Customer Data;
(b) your use of the Services;
(c) your breach of these Terms or the Acceptable Use Policy;
(d) your violation of laws or third-party rights;
(e) disputes with your employees, contractors, suppliers, or customers.
1.17 Governing Law; Dispute Resolution
These Terms are governed by the laws of India, without regard to conflict of law rules.
Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be New Delhi, India.
The arbitration will be conducted in English by a sole arbitrator appointed by mutual written agreement of the parties within fifteen (15) days of a request for arbitration. Failing such agreement, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996, including through a competent court or an agreed arbitral institution/rules. The arbitrator shall be independent and impartial.
Notwithstanding the foregoing, Velorithm may seek injunctive or equitable relief in any competent court to protect its intellectual property, Confidential Information, or security.
Subject to the arbitration clause, courts located in Gaya (Bihar), India will have exclusive jurisdiction.
1.18 Force Majeure
Velorithm will not be liable for delays or failures caused by events beyond reasonable control, including internet outages, cloud provider failures, acts of government, labor disputes, natural disasters, and cyber incidents or security events that occur despite Velorithm maintaining commercially reasonable administrative, technical, and organizational security measures.
1.19 Changes to the Terms
We may update these Terms from time to time. Updated Terms are effective when posted or when we notify you. Continued use after the effective date constitutes acceptance.
1.20 Contact
For questions, contact support@kitchenao.com (support) or sales@kitchenao.com (sales).
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