Terms of Service
1. Agreement to Terms
By accessing or using MarginX services, including our website, platform, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
These Terms constitute a legally binding agreement between you and MarginX ("Company," "we," "us," or "our").
2. Description of Services
MarginX provides restaurant operations management software and consulting services designed to help restaurant operators optimize their margins through:
- Food cost management and optimization
- Labor cost analysis and scheduling optimization
- Operational consistency enforcement
- Multi-location management tools
- Analytics and reporting dashboards
- Consulting and strategy services
3. User Accounts
To access certain features of our Services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
4. Acceptable Use
You agree not to use our Services to:
- Violate any applicable laws or regulations
- Infringe on the intellectual property rights of others
- Transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the integrity of our Services
- Collect or harvest user information without consent
- Use automated systems to access our Services without permission
- Engage in any activity that could harm our reputation or business
5. Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and the compilation thereof, are the exclusive property of MarginX or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes, subject to these Terms.
6. Payment Terms
If you subscribe to our paid Services:
- You agree to pay all fees associated with your subscription plan
- Fees are billed in advance on a monthly or annual basis
- All payments are non-refundable unless otherwise specified
- We reserve the right to change pricing with 30 days' notice
- Failure to pay may result in suspension or termination of Services
7. Data and Privacy
Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to our collection and use of data as described in the Privacy Policy.
You retain ownership of all data you submit to our Services. You grant us a limited license to use, store, and process your data solely for the purpose of providing our Services to you.
8. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will be uninterrupted, timely, secure, or error-free
- The results obtained from using the Services will be accurate or reliable
- Any defects in the Services will be corrected
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARGINX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
In no event shall our aggregate liability exceed the amount you paid us in the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless MarginX and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your violation of any rights of another.
11. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination:
- Your right to use the Services will immediately cease
- We may delete your account and all associated data
- All provisions of these Terms that should survive termination shall survive
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts located in Ontario, Canada.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15. Contact Information
If you have any questions about these Terms, please contact us at:
- Email:legal@marginx.ca
- General:info@marginx.ca
