Terms of Service

1 Agreement to Terms

By accessing or using FornoCloud, you confirm that you are at least 18 years old, have the authority to enter into these Terms on behalf of yourself or your business, and agree to comply with all applicable laws and regulations. These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and FornoCloud ("FornoCloud," "we," "us," or "our").

We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice on the Service. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

2 Use of Service

FornoCloud is a restaurant management SaaS platform that provides point-of-sale (POS) functionality, kitchen display system (KDS), online ordering, delivery management, website builder, customer relationship management (CRM), and related tools designed for food service businesses.

You may use the Service solely for your lawful business operations. You agree to:

• Provide accurate and complete information when using the Service
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Comply with all applicable laws, including those relating to data privacy, food safety, and consumer protection
• Use the Service only for its intended purpose as a restaurant management tool

3 Accounts and Registration

To use FornoCloud, you must register for an account by providing your email address, a secure password, and your restaurant's business information including name, address, and contact details. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You may not share your account with others or create accounts on behalf of third parties without their express authorization. Each subscription covers one restaurant location unless you have purchased a multi-location plan. We reserve the right to suspend or terminate accounts that violate these Terms.

4 Payment and Billing

FornoCloud uses Stripe, a third-party payment processor, to handle all billing. By providing your payment information, you authorize us to charge your payment method for the subscription plan you select and any applicable taxes.

• Subscription Plans: We offer Starter ($49/month), Pro ($99/month), and Enterprise (custom pricing) plans.
• Billing Cycle: Subscriptions are billed monthly or annually depending on your selected plan.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date.
• Price Changes: We will provide at least 30 days' notice before changing subscription prices. Continued use after the price change takes effect constitutes acceptance.
• Taxes: Prices shown do not include applicable sales tax, which will be calculated and added at checkout based on your location.

5 Trial Period

New customers may be eligible for a 3-day free trial of the FornoCloud platform. During the trial period, you have access to the full features of your selected plan at no charge.

We reserve the right to modify or discontinue the trial offer at any time. Only one free trial per restaurant entity is permitted.

6 Refund Policy

We want you to be satisfied with FornoCloud. Our refund policy is as follows:

• 7-Day Refund Window: If you are dissatisfied with the Service, you may request a prorated refund within 7 days of a charge. Refunds are calculated based on unused days in your billing period.
• Annual Plans: For annual subscriptions, refunds are available within 30 days of the annual charge, prorated for unused months.
• Non-Refundable Items: Setup fees, one-time charges, and fees for additional services are non-refundable unless required by applicable law.
• Trial Charges: If you were charged after a trial period and did not intend to continue, contact us within 7 days and we will issue a full refund.

To request a refund, contact us at hello@fornocloud.com with your account email and reason for the refund request.

7 Acceptable Use

You agree not to use FornoCloud in any manner that:

• Violates any applicable law or regulation
• Infringes the intellectual property rights of FornoCloud or any third party
• Attempts to reverse-engineer, decompile, or create a competing product based on the Service
• Transmits malware, viruses, or harmful code
• Attempts to gain unauthorized access to our systems or other customers' data
• Impersonates any person or entity
• Uses the Service for fraudulent transactions or to process illegal payments
• Violates the terms of service of any third-party services integrated with FornoCloud

Violations may result in immediate account suspension without refund and may be reported to appropriate law enforcement authorities.

8 Data and Privacy

Your privacy is important to us. Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using FornoCloud, you consent to our data practices as described in the Privacy Policy.

You retain ownership of all data you upload to or generate through FornoCloud, including customer information, order history, and menu data ("Your Data"). You grant FornoCloud a limited license to process Your Data solely to provide the Service to you.

We implement industry-standard security measures to protect Your Data. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.

9 Intellectual Property

FornoCloud and its licensors own all right, title, and interest in the Service, including all software, interfaces, designs, text, graphics, logos, and trademarks ("FornoCloud Content"). These Terms do not grant you any rights to FornoCloud Content except the limited right to use the Service as permitted herein.

You own all data, content, and information you submit to FornoCloud ("Tenant Data"), including your menu, customer data, and transaction records. We do not claim ownership of Tenant Data.

You grant us a non-exclusive, worldwide, royalty-free license to use Tenant Data solely to operate, improve, and provide the Service. We may use aggregated and anonymized data derived from Tenant Data to improve our platform, provided such data cannot be used to identify you or your customers.

10 Service Availability

We strive to maintain high availability of the FornoCloud platform. Our target is 99.5% uptime, measured monthly, excluding scheduled maintenance windows.

• Maintenance Windows: Scheduled maintenance is typically performed between 2:00 AM and 5:00 AM Pacific Time on weekdays. We will provide at least 24 hours' advance notice for planned maintenance.
• Emergency Maintenance: We may perform emergency maintenance at any time without notice if required to protect the security or integrity of the Service.
• Service Credits: If monthly uptime falls below 99.5%, eligible customers may request service credits. Credits are the sole remedy for downtime and do not include cash refunds.

We are not responsible for service interruptions caused by factors outside our reasonable control, including internet outages, third-party service failures, or force majeure events.

11 Termination

Either party may terminate these Terms at any time. You may cancel your subscription through your account settings or by contacting us at hello@fornocloud.com. Termination takes effect at the end of your current billing period.

We may terminate or suspend your account immediately if you:

• Materially breach these Terms and fail to cure within 10 days of notice
• Engage in fraudulent activity or illegal use of the Service
• Fail to pay applicable fees
• Create risk or legal exposure for FornoCloud

12 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORNOCLOUD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

13 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

If you are a consumer located in the European Union, you may also have rights under applicable EU consumer protection laws that cannot be waived by contract. Nothing in these Terms is intended to limit those rights.

Any claim arising out of or relating to these Terms must be brought within one (1) year of when the claim arose, or it is permanently barred.