Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of Wabiit's website, marketing materials, and any software or services we provide to you or your organization (collectively, the "Services"). By using our website or entering into an order form or other written agreement with Wabiit for paid Services, you agree to these Terms.

If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

Specific commercial terms (scope, fees, term, and service levels) may be set out in a separate agreement or order ("Order"). If there is a conflict between these Terms and an executed Order, the Order controls for that subject matter.

2. The Services

Wabiit provides tools and related implementation or support services to help restaurants operate branded ordering experiences, which may include integrations with third-party platforms (for example, payment processors or delivery networks). Features and availability depend on your plan, configuration, and third-party dependencies outside our control.

3. Eligibility and accounts

You must provide accurate information when you register, submit leads, or configure the Services. You are responsible for maintaining the confidentiality of credentials and for activity under your accounts. Notify us promptly of any unauthorized use.

4. Acceptable use

You agree not to misuse the Services. Without limitation, you must not:

• Violate applicable law or infringe others' intellectual property or privacy rights;
• Attempt to gain unauthorized access to the Services, other customers' data, or underlying systems;
• Interfere with or disrupt the integrity or performance of the Services, including by introducing malware or excessive automated access;
• Reverse engineer, decompile, or attempt to extract source code from our software except where expressly permitted by law; or
• Use the Services to build a competing product or to benchmark publicly without our consent.

We may suspend or terminate access if we reasonably believe you have violated these rules or pose a security or legal risk.

5. Fees and payment

Paid Services are billed according to your Order, which may include subscription fees, transaction-based fees, and optional add-ons. Unless otherwise stated, fees are quoted in U.S. dollars, are non-refundable except as required by law or expressly stated in your Order, and may change with reasonable notice for subsequent renewal terms. Late payments may incur interest or suspension of Services as described in your Order.

6. Customer data and privacy

You retain rights to content and data you submit to the Services ("Customer Data"). You grant Wabiit a limited license to host, process, and display Customer Data solely to provide and improve the Services and as described in our Privacy Policy and your Order. You represent that you have obtained all consents and rights needed for us to process Customer Data as contemplated by the Services.

Wabiit stores end-customer data on your behalf — including customer names, phone numbers, email addresses, delivery addresses, and order history — solely to operate your ordering experience. We do not store, process, or have access to credit card numbers, CVV codes, or any other sensitive payment card information. All payment transactions are handled by Square, Inc., a PCI DSS Level 1 certified payment processor. Loyalty program data and saved payment methods are managed exclusively within Square's secure, PCI-compliant infrastructure.

Upon termination or offboarding from the Wabiit platform, we will delete all associated end-customer data within a reasonable period. You may request earlier deletion by contacting hello@wabiit.com.

7. Third-party services

The Services interoperate with third-party products including Square (payments and point-of-sale), DoorDash (delivery), and AWS (infrastructure). These services are governed by their own terms and privacy policies. Wabiit is not responsible for third-party services or for outages, changes, or actions taken by those providers.

Square processes all payment card transactions and is solely responsible for the secure handling of cardholder data under PCI DSS standards. By using Wabiit's payment features, you agree to Square's Terms of Service and authorize Square to process payments on behalf of your restaurant.

8. Intellectual property

Wabiit and its licensors own all rights in the Services, software, branding, and documentation, excluding your Customer Data. Subject to these Terms and your Order, we grant you a limited, non-exclusive, non-transferable right to use the Services during the subscription term for your internal business purposes.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WABIIT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WABIIT NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR LIABILITY THAT CANNOT BE LIMITED BY LAW, WABIIT'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO WABIIT FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR, IF NO FEES APPLY, ONE HUNDRED U.S. DOLLARS).

11. Indemnity

You will defend and indemnify Wabiit and its officers, directors, and employees against any third-party claims, damages, and costs (including reasonable attorneys' fees) arising from your Customer Data, your use of the Services in violation of these Terms, or your violation of law or third-party rights.

12. Term and termination

These Terms remain in effect while you use the website or Services. Paid subscriptions terminate or renew as set out in your Order. We may suspend or terminate access for material breach after notice where appropriate. Upon termination, your right to use the Services ceases; provisions that by their nature should survive (including intellectual property, disclaimers, limitations, indemnity, and governing law) will survive.

13. Governing law and disputes

These Terms are governed by the laws of the United States and the State of Texas, excluding conflict-of-law rules. You and Wabiit agree that the state and federal courts located in Texas will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, and you consent to personal jurisdiction there.

14. General

These Terms constitute the entire agreement between you and Wabiit regarding the subject matter and supersede prior understandings. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of assets.

15. Contact

For questions about these Terms, email us at hello@wabiit.com or contact us through the business inquiry or demo request options on our website.