Terms & Conditions

1. Overview

The Site provides information about Brisque and its technology, products, solutions, and services designed for restaurants and other food-service businesses.

Brisque's offerings may include restaurant technology, point-of-sale solutions, online ordering and related restaurant tools, artificial intelligence-enabled solutions, analytics and automation, website development, search engine optimization, digital marketing, content services, and other technology or business solutions.

The Site may also provide access to resources, articles, product information, demonstrations, case studies, customer information, business insights, and other materials.

The information provided through the Site is intended primarily for general informational and business purposes.

Your use of any Brisque product, software, platform, subscription, or professional service may be subject to additional terms, agreements, pricing, eligibility requirements, or service-specific conditions.

2. Brisque Is a Technology and Services Provider

Brisque provides technology and related services to restaurants, food-service businesses, and other businesses.

Brisque is not itself a restaurant, food preparation entity, retailer, or independent merchant unless expressly stated otherwise.

Businesses that use Brisque's products or services operate independently of Brisque and are responsible for their own products, services, operations, pricing, representations, customer relationships, and compliance with applicable laws and regulations.

Brisque does not independently verify or guarantee the quality, safety, legality, availability, or performance of products or services offered by businesses that use Brisque's technology.

If you have a question, complaint, or concern regarding a restaurant, merchant, food product, order, delivery, or other service provided by a Brisque customer, you should contact that business directly.

3. Eligibility

You must be legally capable of entering into a binding agreement under applicable law to use the Site.

By accessing or using the Site, you represent and warrant that:

• You have the legal capacity to agree to these Terms;
• The information you provide to Brisque is accurate and not misleading;
• You will use the Site only for lawful purposes;
• Your use of the Site will comply with all applicable laws and regulations; and
• You have not previously been prohibited or suspended from using the Site or Brisque's services.

If you access or use the Site on behalf of a company, restaurant, organization, or other business, you represent that you have authority to act on behalf of that organization and agree to these Terms on its behalf.

4. Limited License

Subject to your continued compliance with these Terms, Brisque grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site for lawful informational and business purposes.

This license does not grant you ownership of the Site or any Brisque intellectual property.

All rights not expressly granted to you under these Terms are reserved by Brisque and its licensors.

5. License Restrictions

Except where expressly permitted by Brisque in writing or where a restriction is prohibited by applicable law, you may not:

• Reproduce, copy, distribute, publicly display, or publicly perform any portion of the Site;
• Modify, adapt, translate, or create derivative works from the Site;
• Sell, license, lease, transfer, sublicense, or otherwise commercially exploit the Site or its content;
• Circumvent or interfere with any security, access-control, or technological protection feature of the Site;
• Attempt to gain unauthorized access to the Site or related systems;
• Remove copyright, trademark, or other proprietary notices;
• Use the Site to develop or provide a competing product or service using Brisque's proprietary materials; or
• Use the Site in any manner not expressly permitted by these Terms.

6. Information You Submit

The Site may allow you to submit information through contact forms, demo requests, enquiry forms, surveys, applications, feedback forms, or other communication features.

You agree that any information you provide to Brisque will be accurate and not misleading.

You must not submit information or materials that:

• You do not have the legal right to disclose;
• Are unlawful, fraudulent, defamatory, misleading, or deceptive;
• Infringe another person's intellectual property, privacy, confidentiality, or other rights;
• Contain malicious code, viruses, malware, or other harmful material; or
• Violate any applicable law or regulation.

Do not submit confidential or proprietary business information through a general Site form unless Brisque specifically requests that information through an appropriate secure process.

Personal information submitted through the Site will be handled in accordance with Brisque's Privacy Policy.

7. Feedback

If you voluntarily provide suggestions, ideas, comments, recommendations, or other feedback regarding the Site, Brisque's products, services, or technology ("Feedback"), you acknowledge that Brisque may use that Feedback to evaluate, improve, develop, and enhance its products, services, and technology.

To the extent permitted by applicable law, you grant Brisque a non-exclusive, worldwide, royalty-free right to use and incorporate such Feedback without an obligation to compensate you.

You represent that you have the necessary rights to provide the Feedback.

This section does not transfer ownership of intellectual property that you independently own and that is not incorporated into the Feedback.

8. Ownership and Intellectual Property

The Site and all materials made available through it, including:

• Text and written content;
• Articles and resources;
• Graphics and images;
• Videos and other media;
• Website design and layout;
• Logos and branding;
• Product names and descriptions;
• Software and technology;
• Data and compilations;
• Case studies;
• Documentation; and
• Other materials

(collectively, the "Materials") are owned by Brisque or its licensors and are protected by applicable intellectual property and other laws.

Except as expressly permitted under these Terms or with Brisque's prior written authorization, you may not reproduce, modify, distribute, publish, transmit, display, sell, license, or otherwise exploit the Materials.

Nothing in these Terms grants you ownership or any other proprietary interest in Brisque's intellectual property.

9. Trademarks

Brisque and its logos, product names, service names, designs, slogans, and other marks may constitute trademarks or service marks owned by Brisque or its affiliates.

You may not use Brisque's trademarks without prior written permission.

Third-party names, trademarks, logos, and service marks appearing on the Site remain the property of their respective owners.

The appearance of a third-party trademark or logo on the Site does not necessarily constitute an endorsement, partnership, or affiliation with Brisque.

10. Third-Party Websites, Services, and Integrations

The Site may contain links to third-party websites, applications, platforms, services, or resources.

Third-party websites and services are not controlled by Brisque. Brisque is not responsible for the content, availability, security, privacy practices, policies, or terms of third-party websites or services.

Your use of a third-party website or service is subject to that third party's applicable terms and policies.

The inclusion of a third-party link does not constitute an endorsement, recommendation, or guarantee by Brisque.

Where Brisque products or services integrate with third-party platforms, such integrations may be subject to additional terms and technical limitations.

11. AI and Technology Information

The Site may contain information regarding artificial intelligence, automation, analytics, restaurant intelligence, software, and other technology-enabled capabilities.

Examples, demonstrations, descriptions, and other information concerning AI or technology capabilities are provided for general informational purposes.

AI-generated or automated information may not always be complete, accurate, current, or suitable for a particular purpose.

You are responsible for independently evaluating information before relying on it for business, financial, operational, legal, compliance, or other decisions.

Specific AI-enabled products or features made available through Brisque's platform may be subject to additional Platform Terms or product-specific agreements.

12. Marketing, Case Studies, and Business Results

The Site may contain case studies, testimonials, examples, customer stories, performance references, or statements describing potential benefits associated with Brisque's products or services.

These materials are provided for informational and illustrative purposes.

Past performance, customer experiences, or examples described on the Site do not guarantee that you will achieve the same or similar results.

Business performance may depend on numerous factors outside Brisque's control, including market conditions, competition, location, pricing, customer demand, advertising activity, business operations, implementation, and other circumstances.

Unless expressly agreed in a separate written agreement, Brisque does not guarantee any particular level of revenue, sales, leads, website traffic, search rankings, customer acquisition, conversions, or business growth.

13. Prohibited Conduct

BY USING THE SITE, YOU AGREE NOT TO:

1. Use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law;
2. Violate or encourage others to violate the rights of Brisque or any third party;
3. Interfere with or circumvent security-related features of the Site, including features that restrict access to or copying of Materials;
4. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any portion of the Site, except where expressly permitted by applicable law;
5. Introduce, upload, transmit, or distribute any virus, malware, spyware, worm, ransomware, or other malicious code;
6. Interfere with the operation, availability, security, or performance of the Site or any network, server, or system connected to the Site;
7. Impersonate any person or entity or falsely represent an affiliation with any person or organization;
8. Engage in fraudulent, deceptive, or misleading activity;
9. Sell, transfer, sublicense, or otherwise provide another person with access rights granted to you under these Terms;
10. Harvest, collect, scrape, or otherwise obtain information about Site users without authorization;
11. Use robots, spiders, crawlers, bots, site-search tools, scraping tools, data-mining tools, or other automated or manual methods to retrieve, index, copy, reproduce, or collect Site Materials without Brisque's prior written consent;
12. Frame, mirror, reproduce, or incorporate any portion of the Site into another website, application, product, or service without Brisque's prior written permission;
13. Use the Site or its Materials to develop, train, or operate a competing service in a manner that violates Brisque's intellectual property rights or applicable law;
14. Reproduce, modify, adapt, translate, create derivative works from, sell, rent, lease, distribute, or otherwise commercially exploit any portion of the Site without authorization; or
15. Attempt to assist, encourage, or permit another person to engage in any prohibited conduct described in these Terms.

14. Modification of the Site

Brisque reserves the right to modify, update, suspend, restrict, or discontinue the Site or any portion of it at any time.

This may include changes to Site content, features, functionality, products, services, resources, or availability.

Brisque may make such changes temporarily or permanently.

To the maximum extent permitted by applicable law, Brisque will not be liable for any loss or inconvenience resulting from a modification, suspension, restriction, or discontinuation of the Site.

15. Changes to These Terms

Brisque may modify these Terms from time to time.

When changes are made, Brisque may update the "Last Updated" date displayed at the beginning of these Terms.

Where required by applicable law, Brisque may provide additional notice of material changes.

Your continued access to or use of the Site after revised Terms become effective constitutes your acceptance of the updated Terms, to the extent permitted by applicable law.

16. Term and Termination

These Terms become effective when you first access or use the Site and remain effective until terminated.

If you violate these Terms, your authorization to access and use the Site may automatically terminate.

Brisque may also suspend or terminate your access to the Site where permitted by applicable law, including where Brisque reasonably believes that your use of the Site:

• Violates these Terms;
• Violates applicable law;
• Creates a security risk;
• May cause harm to Brisque or another person; or
• Interferes with the operation of the Site.

Upon termination:

• Your license to use the Site will terminate;
• You must immediately cease unauthorized use of the Site and Materials; and
• Provisions that by their nature should survive termination will remain in effect.

17. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Brisque and its affiliates, officers, directors, employees, consultants, contractors, licensors, service providers, and agents from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:

1. Your unauthorized use or misuse of the Site;
2. Your violation of these Terms;
3. Your violation of applicable law or regulation;
4. Your infringement or violation of a third party's intellectual property, privacy, confidentiality, publicity, or other rights; or
5. Any dispute or issue between you and a third party arising from your use of the Site.

Brisque reserves the right, at its own expense, to assume exclusive control and defense of any matter otherwise subject to indemnification by you. In such circumstances, you agree to reasonably cooperate with Brisque in the defense of that matter.

18. Disclaimers; No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL MATERIALS, CONTENT, INFORMATION, AND FEATURES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE."

Brisque disclaims all warranties, express or implied, relating to the Site and Materials, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from a course of dealing or usage of trade, except to the extent that such warranties cannot lawfully be excluded.

Brisque does not warrant that:

• The Site will be available at all times;
• The Site will operate without interruption;
• The Site will be secure or free from errors;
• The Site will be free from viruses or other harmful components;
• Information on the Site will always be accurate, complete, or current;
• Defects or errors will be corrected; or
• The Site or its Materials will satisfy your particular requirements.

Information available through the Site is provided for general informational purposes and does not constitute legal, financial, tax, medical, or other professional advice unless expressly identified as such.

Your use of the Site is at your own discretion and risk.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRISQUE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE.

This includes, where permitted by applicable law, loss of profits, revenue, business opportunities, goodwill, data, or other intangible losses.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRISQUE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED [INSERT APPROVED LIABILITY CAP].

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

20. Privacy Policy

Your use of the Site is also subject to Brisque's Privacy Policy.

The Privacy Policy explains how Brisque collects, uses, stores, processes, and discloses personal information obtained through the Site.

The Privacy Policy is incorporated into these Terms by reference.

If you do not agree with the Privacy Policy, you should not use the Site or submit personal information through it.

21. Electronic Communications

When you communicate with Brisque electronically, including through forms, email, or other electronic channels made available through the Site, you consent to receiving electronic communications from Brisque where permitted by applicable law.

These communications may include responses to enquiries, service-related information, administrative notices, updates, and other communications relating to your interaction with Brisque.

Where promotional communications are sent, they will include an appropriate mechanism for opting out where required by applicable law.

22. Accessibility

Brisque is committed to improving the accessibility and usability of its digital experiences.

If you experience difficulty accessing any portion of the Site or require assistance, please contact Brisque using the contact information provided below.

23. Governing Law and Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of [CONFIRMED STATE/COUNTRY], without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any dispute arising out of or relating to these Terms or your use of the Site will be subject to the jurisdiction of the courts located in [CONFIRMED CITY, STATE/COUNTRY], unless otherwise required by applicable law.

24. International Use

The Site may be accessible from locations outside the jurisdiction in which Brisque operates.

Brisque does not represent that the Site, Materials, products, or services are appropriate or available for use in every country or jurisdiction.

If you access the Site from outside Brisque's operating jurisdiction, you are responsible for ensuring that your use of the Site complies with applicable local laws.

25. No Obligation to Provide Support

Unless expressly stated otherwise, Brisque is not obligated to provide technical support, maintenance, or customer support for the public Site.

Any support provided in connection with Brisque's products or services may be governed by separate terms, agreements, or service-level commitments.

26. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the remaining provisions will remain in full force and effect.

27. Waiver

Brisque's failure to enforce any provision of these Terms will not constitute a waiver of Brisque's right to enforce that provision in the future.

A waiver of any provision will be effective only if made in writing by an authorized representative of Brisque.

28. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without Brisque's prior written consent, except where permitted by applicable law.

Brisque may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, financing transaction, or similar business transaction.

29. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and Brisque concerning your use of the Site.

These Terms supersede prior or contemporaneous understandings concerning your use of the Site, except where a separate written agreement expressly governs a particular Brisque product or service.

30. Contact Us

If you have questions, concerns, or requests regarding these Website Terms, please contact Brisque at:

[CONFIRMED LEGAL ENTITY NAME]

Legal/Business Address: [CONFIRMED REGISTERED ADDRESS]

Email: [CONFIRMED LEGAL OR SUPPORT EMAIL]

Website: www.brisque.com

1. Definitions

For purposes of these Terms:

"Brisque" means [Legal Entity Name], together with its applicable affiliates, subsidiaries, and service providers.

"Platform" means Brisque's websites, software, applications, dashboards, systems, APIs, interfaces, tools, and related technology through which the Services are provided.

"Services" means the products and services made available by Brisque to the Restaurant, including any services identified in an Order Form, subscription, proposal, or other applicable agreement.

"Restaurant Data" means information, content, records, materials, and data submitted, uploaded, transmitted, or otherwise provided by or on behalf of the Restaurant through the Services.

"Customer Data" means personal information or other information relating to the Restaurant's customers that is submitted, imported, collected, or processed through the Services.

"User" or "Authorized User" means an individual authorized by the Restaurant to access or use the Services.

"Order Form" means an order form, proposal, statement of work, subscription agreement, or other commercial document describing the Services purchased by the Restaurant.

"Third-Party Services" means products, services, platforms, applications, payment processors, integrations, software, or websites operated by third parties.

"AI Services" means AI-powered features, tools, models, recommendations, content generation, automation, analysis, or other artificial-intelligence functionality made available through the Services.

2. Brisque Is Not a Restaurant

Brisque is a restaurant technology platform and is not a restaurant, food preparation entity, or food seller. Restaurants operate independently and are responsible for their food, beverages, pricing, menu information, food safety, and compliance with applicable laws and regulations.

Brisque does not prepare, handle, inspect, or sell food and does not independently verify Restaurant compliance. Brisque is not responsible for the quality, safety, availability, or representations made by Restaurants through the Platform.

3. Brisque Is Not a Delivery Service

Brisque does not provide food delivery services unless expressly stated otherwise. Orders may be delivered by Restaurants or third-party delivery providers.

Brisque does not guarantee the availability, timing, quality, or performance of delivery services provided by Restaurants or third-party providers. Such services may be subject to separate terms and policies.

4. Brisque Platform and Services

Brisque provides technology and business services designed to help restaurants manage operations, engage customers, support marketing activities, and use technology to operate and grow their businesses.

Depending on the Services selected by the Restaurant, Brisque may provide:

• Point-of-sale and restaurant management technology;
• Online ordering and customer engagement tools;
• Marketing and digital marketing services;
• Search engine optimization and website-related services;
• Customer communication and marketing tools;
• Analytics, reporting, and business insights;
• AI-powered tools and automation;
• Restaurant websites and digital experiences;
• Integrations with third-party platforms;
• Hardware and related equipment, where applicable;
• Technical support and implementation services; and
• Other products or services described in an applicable Order Form.

Not every Restaurant will receive every Service. The Services available to a Restaurant will depend on the applicable subscription, Order Form, package, or other commercial agreement.

Brisque may modify, improve, update, replace, or discontinue particular features or Services from time to time, subject to any specific commitments made in an applicable written agreement.

5. Brisque Is a Technology and Services Provider

Brisque provides technology and related business services to restaurants. Brisque does not own, operate, manage, or control the Restaurant's food and beverage business unless expressly agreed otherwise in writing.

The Restaurant remains solely responsible for its business operations, products, employees, customers, pricing, menus, taxes, food preparation, food safety, regulatory compliance, and fulfillment of orders.

Brisque does not independently verify the accuracy of information provided by the Restaurant and does not guarantee the quality, legality, safety, or suitability of the Restaurant's products, services, promotions, or business practices.

The Restaurant is responsible for complying with all laws, regulations, and industry requirements applicable to its business.

6. Eligibility and Authority

To use the Services, you must:

• Be legally capable of entering into a binding agreement;
• Provide accurate and complete information;
• Have authority to act on behalf of the Restaurant, where applicable;
• Use the Services in compliance with applicable laws and regulations; and
• Maintain the accuracy of information provided to Brisque.

If you accept these Terms on behalf of a company, restaurant, or other organization, you represent and warrant that you have the authority to bind that organization.

7. Restaurant Account and Authorized Users

Certain Services require the Restaurant to create an account.

The Restaurant is responsible for:

• Maintaining accurate account information;
• Protecting account credentials;
• Controlling access to the Platform;
• Creating and managing Authorized User accounts;
• Ensuring that Authorized Users comply with these Terms;
• Maintaining appropriate user permissions; and
• Notifying Brisque promptly of unauthorized access or suspected security incidents.

The Restaurant is responsible for all activity occurring through its account or through accounts created for its Authorized Users, except to the extent caused by Brisque's own breach of its obligations.

Brisque may suspend or restrict access to an account where reasonably necessary to protect the Platform, users, data, or security.

8. Point-of-Sale Services

Where included in the Restaurant's Services, Brisque may provide POS technology and related functionality.

Depending on the applicable Service, POS functionality may include:

• Order management;
• Menu and item management;
• Pricing management;
• Payment-related functionality;
• Employee and user access;
• Transaction records;
• Reporting and analytics;
• Customer information;
• Promotions and discounts;
• Inventory-related functionality;
• Kitchen and operational tools; and
• Integrations with third-party systems.

The specific POS features available to the Restaurant will depend on the applicable Service package.

Restaurant Responsibilities

The Restaurant remains responsible for ensuring that:

• Menu information is accurate;
• Prices are accurate;
• Taxes and applicable fees are correctly configured;
• Employee permissions are properly managed;
• Orders are accurately fulfilled;
• Refunds and cancellations are handled appropriately;
• Business records are maintained as required by law; and
• The POS is used in compliance with applicable laws and regulations.

Brisque is not responsible for errors resulting from inaccurate information, improper configuration, unauthorized access, or misuse of the POS by the Restaurant or its Authorized Users.

9. Payment Processing

Where the Services support payment processing, payments may be processed by Brisque or by one or more Third-Party Services, depending on the applicable arrangement.

The Restaurant may be required to establish and maintain accounts with third-party payment processors.

The Restaurant is responsible for complying with applicable payment-processing requirements, card-network rules, and applicable laws.

Unless expressly stated otherwise in an applicable agreement, Brisque does not determine the Restaurant's prices, taxes, refunds, discounts, or other commercial terms.

Additional fees may apply to payment processing, hardware, transactions, or Third-Party Services as described in the applicable Order Form or pricing terms.

10. Hardware and Equipment

Where Brisque provides or facilitates the provision of hardware, including POS devices, tablets, terminals, printers, kiosks, or related equipment, additional terms may apply.

The applicable Order Form may specify:

• Hardware ownership;
• Purchase or rental arrangements;
• Installation;
• Maintenance;
• Replacement;
• Shipping;
• Damage or loss;
• Return requirements; and
• Applicable hardware charges.

The Restaurant is responsible for maintaining hardware in reasonable condition and using it in accordance with applicable instructions.

11. Marketing and Digital Marketing Services

Depending on the Services purchased, Brisque may provide marketing and digital services, including:

• Digital marketing;
• Search engine optimization;
• Website services;
• Marketing campaigns;
• Customer engagement;
• Email marketing;
• SMS or text marketing;
• Promotional campaigns;
• Content creation;
• Advertising support;
• Customer retention tools;
• Analytics and reporting; and
• Other marketing-related Services.

The specific marketing Services provided will be described in the applicable Order Form or service agreement.

The Restaurant is responsible for providing accurate business information, pricing, menus, brand assets, promotional details, and other materials reasonably required to provide the Services.

Where Restaurant approval is required before publication or distribution, the Restaurant is responsible for reviewing and approving such materials within the applicable timeframe.

12. Marketing Communications and Customer Contacts

Certain Services may allow the Restaurant to upload, import, collect, or otherwise provide customer contact information for marketing or communication purposes.

This information may include names, telephone numbers, email addresses, addresses, customer preferences, and related information.

The Restaurant represents and warrants that it has the legal right and appropriate permissions, consents, notices, or other lawful basis required to collect, use, disclose, and provide such information to Brisque for the purposes contemplated by the Services.

The Restaurant is responsible for determining and maintaining compliance with applicable laws governing marketing communications, including requirements relating to consent, opt-outs, unsubscribe requests, telephone communications, email communications, and text messaging.

Brisque may provide technical tools or infrastructure for sending communications on behalf of the Restaurant. Brisque's provision of such infrastructure does not make Brisque responsible for the Restaurant's underlying marketing practices or legal obligations.

13. AI-Powered Services

Brisque may make AI-powered tools and features available as part of its Services.

AI Services may assist with functions such as:

• Content generation;
• Marketing recommendations;
• Customer communications;
• Business insights;
• Analytics;
• Automation;
• Recommendations;
• Operational assistance;
• Search or information retrieval; and
• Other AI-enabled functionality.

AI-generated content or recommendations may contain inaccuracies, omissions, outdated information, or other errors.

The Restaurant is responsible for reviewing AI-generated outputs before publishing, distributing, sending, relying upon, or using such outputs where human review is appropriate.

Brisque does not guarantee that AI-generated content or recommendations will be accurate, complete, suitable for a particular purpose, legally compliant, or appropriate for the Restaurant's business.

The Restaurant remains responsible for decisions made based on AI-generated outputs.

AI Data Use

The manner in which Restaurant Data or Customer Data may be used in connection with AI Services, including whether such data may be used for model improvement, training, analytics, or other purposes, will be governed by Brisque's applicable data practices, Privacy Policy, Data Processing Agreement, and/or applicable Order Form.

14. Restaurant Data

The Restaurant retains its rights in Restaurant Data that it provides to Brisque, subject to the rights granted to Brisque under these Terms and any applicable agreement.

The Restaurant grants Brisque the rights reasonably necessary to:

• Provide the Services;
• Host and process Restaurant Data;
• Maintain and secure the Platform;
• Provide customer support;
• Perform analytics and reporting;
• Prevent fraud and misuse;
• Improve the Services;
• Develop and maintain Platform functionality; and
• Perform other activities expressly authorized by the Restaurant or permitted under applicable law.

The Restaurant represents and warrants that it has all necessary rights and permissions to provide Restaurant Data to Brisque for the purposes contemplated by the Services.

15. Customer Data and Personal Information

The Restaurant may provide Brisque with Customer Data in connection with the Services.

The Restaurant is responsible for ensuring that its collection and use of Customer Data complies with applicable privacy and data-protection laws.

The Restaurant must provide all notices and obtain all consents or other lawful bases required for its collection, use, disclosure, and transfer of Customer Data.

Brisque will process personal information in accordance with its Privacy Policy and any applicable Data Processing Agreement.

Where required, the parties may enter into a separate Data Processing Agreement governing the processing of personal information.

16. Data Security

Brisque will maintain reasonable administrative, technical, and organizational measures designed to protect information processed through the Services.

The Restaurant is responsible for maintaining appropriate account security, access controls, passwords, devices, networks, and Authorized User permissions.

No method of electronic transmission or storage can be guaranteed to be completely secure.

The parties' specific security obligations may be further described in an applicable Data Processing Agreement, security documentation, or Order Form.

17. Website and SEO Services

Where Brisque provides website, SEO, content, or related digital services, the Restaurant authorizes Brisque to use Restaurant-provided information, branding, images, menus, descriptions, and other materials as reasonably necessary to provide those Services.

The Restaurant is responsible for ensuring that materials it provides to Brisque are accurate and do not infringe third-party rights.

Brisque does not guarantee:

• Specific search-engine rankings;
• Specific traffic levels;
• Specific numbers of leads or customers;
• Specific revenue;
• Advertising performance;
• Conversion rates; or
• Any particular business outcome.

Search engines, advertising platforms, social networks, and other third parties may change their policies, algorithms, systems, or availability without notice.

18. Third-Party Services and Integrations

The Services may integrate with or depend upon Third-Party Services, including payment processors, advertising platforms, social media platforms, communication providers, analytics providers, delivery services, reservation systems, accounting systems, AI providers, and other technology providers.

Third-Party Services are governed by their own terms, policies, and privacy practices.

Brisque is not responsible for the availability, functionality, security, policies, pricing, or performance of Third-Party Services except to the extent expressly provided in an applicable written agreement.

Changes made by a third-party provider may affect the functionality of the Services.

The Restaurant authorizes Brisque to exchange information with applicable Third-Party Services where reasonably necessary to provide the Services.

19. Restaurant Content

The Restaurant may provide or upload content to the Platform, including:

• Logos;
• Photographs;
• Videos;
• Menus;
• Product descriptions;
• Business information;
• Promotional materials;
• Reviews;
• Text;
• Customer communications; and
• Other materials.

The Restaurant retains ownership of its content.

The Restaurant grants Brisque a limited, non-exclusive, worldwide license to host, reproduce, modify, display, transmit, distribute, and otherwise use such content as reasonably necessary to provide and improve the Services.

The Restaurant represents that it has the necessary rights and permissions to provide such content to Brisque.

20. Brisque Intellectual Property

Brisque and its licensors retain all rights, title, and interest in and to:

• The Platform;
• Software;
• Source code and object code;
• Technology;
• Interfaces;
• Designs;
• Documentation;
• Brisque trademarks;
• Proprietary systems;
• AI technology;
• Analytics technology;
• Processes;
• Improvements; and
• Other Brisque intellectual property.

Except for the limited rights expressly granted under these Terms, no rights in Brisque's intellectual property are transferred to the Restaurant.

21. License to Use the Platform

Subject to the Restaurant's compliance with these Terms and payment of applicable fees, Brisque grants the Restaurant a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription or service period.

The Restaurant may not:

• Copy or reproduce the Platform except as permitted;
• Resell or sublicense the Services;
• Reverse engineer the Platform except where legally permitted;
• Attempt to access source code;
• Circumvent security measures;
• Interfere with the Platform;
• Use the Platform to develop a competing service;
• Remove proprietary notices; or
• Allow unauthorized persons to access the Services.

22. Feedback

The Restaurant may provide suggestions, recommendations, ideas, or other feedback regarding the Services.

The Restaurant agrees that Brisque may use such feedback without restriction or compensation, provided that Brisque does not disclose the Restaurant's confidential information in doing so.

23. Fees, Subscriptions, and Billing

The Restaurant agrees to pay the fees specified in the applicable Order Form, subscription, proposal, pricing schedule, or other commercial agreement.

Fees may include, where applicable:

• Subscription fees;
• Setup or implementation fees;
• POS fees;
• Transaction fees;
• Marketing fees;
• Advertising fees;
• Hardware fees;
• Usage-based fees;
• Professional service fees; and
• Third-party charges.

Applicable taxes may be charged in addition to the stated fees unless otherwise specified.

Billing

The Restaurant authorizes Brisque or its applicable payment provider to charge the payment method provided for amounts due under the applicable agreement.

The Restaurant is responsible for keeping billing information current.

If payment is overdue, Brisque may suspend applicable Services after providing any notice required under the applicable agreement or law.

24. Price Changes

Brisque may modify its pricing from time to time.

Where required, Brisque will provide advance notice of material pricing changes in accordance with the applicable agreement or law.

Unless otherwise agreed in writing, changes will apply to future billing periods and will not retroactively change amounts already paid.

25. Term and Renewal

These Terms become effective when accepted by the Restaurant or when the Restaurant first accesses or uses the Services, whichever occurs earlier.

The applicable Order Form or subscription agreement will specify the initial service period and renewal terms.

Unless otherwise stated, subscriptions may automatically renew for successive periods according to the applicable Order Form.

26. Suspension and Termination

Brisque may suspend or terminate access to the Services if:

• The Restaurant materially breaches these Terms;
• Fees remain unpaid;
• The Restaurant engages in unlawful activity;
• The Restaurant creates a security risk;
• The Restaurant misuses the Platform;
• Suspension is reasonably necessary to protect the Platform or other users; or
• Suspension or termination is otherwise permitted under the applicable agreement.

The Restaurant may terminate its Services in accordance with the cancellation provisions of the applicable Order Form or subscription agreement.

Upon termination:

• Access to applicable Services may cease;
• Outstanding fees remain payable;
• Licenses granted under these Terms will terminate, except where otherwise stated;
• The Restaurant must return applicable Brisque-owned hardware;
• The parties will comply with applicable data-retention and deletion requirements; and
• Provisions that by their nature should survive termination will remain effective.

27. Service Availability and Changes

Brisque will use reasonable efforts to maintain the availability of the Services.

However, the Services may occasionally be unavailable due to:

• Scheduled maintenance;
• Emergency maintenance;
• Internet or telecommunications failures;
• Third-party outages;
• Security incidents;
• Technical failures;
• Force majeure events; or
• Other circumstances outside Brisque's reasonable control.

Brisque may modify, update, replace, or discontinue features of the Services.

Any specific uptime commitments or service-level obligations will be governed by an applicable Service Level Agreement ("SLA") or Order Form.

28. Support

Brisque may provide technical support according to the support package selected by the Restaurant.

Support services, response times, support channels, availability, and exclusions may be described in an applicable Order Form, SLA, or support policy.

Additional fees may apply to services outside the Restaurant's included support package.

29. Acceptable Use

The Restaurant and its Authorized Users may not use the Services to:

• Violate applicable laws or regulations;
• Commit fraud or deceptive activity;
• Infringe intellectual property rights;
• Gain unauthorized access to accounts or systems;
• Introduce malware or harmful code;
• Interfere with the operation of the Platform;
• Circumvent security mechanisms;
• Scrape or harvest information without authorization;
• Send unlawful or unauthorized marketing communications;
• Upload unlawful or infringing content;
• Reverse engineer the Platform except where legally permitted; or
• Use the Services in a manner that could damage Brisque, its users, or the Platform.

30. Restaurant Compliance

The Restaurant is solely responsible for compliance with laws and regulations applicable to its business, including, where applicable:

• Food safety requirements;
• Consumer protection laws;
• Tax requirements;
• Employment laws;
• Alcohol-related requirements;
• Advertising and promotional laws;
• Privacy and data-protection laws;
• Marketing communication requirements;
• Accessibility requirements;
• Payment requirements; and
• Local, state, federal, and international requirements applicable to the Restaurant.

Brisque provides technology and related services and does not assume responsibility for the Restaurant's legal or regulatory compliance.

31. Business Results and Marketing Disclaimer

Brisque may provide recommendations, marketing services, analytics, AI-generated insights, SEO services, advertising services, or other growth-related tools.

Brisque does not guarantee any particular:

• Revenue;
• Profit;
• Customer acquisition;
• Customer retention;
• Search ranking;
• Website traffic;
• Advertising performance;
• Number of orders;
• Conversion rate; or
• Return on investment.

Examples, projections, estimates, case studies, or performance results presented by Brisque are illustrative and may not represent results that the Restaurant will achieve.

32. Confidentiality

Each party may receive confidential or proprietary information belonging to the other party in connection with the Services.

Each party agrees to use reasonable measures to protect confidential information and to use such information only for purposes related to the parties' business relationship.

Confidentiality obligations may be supplemented by a separate confidentiality agreement or NDA where applicable.

33. Indemnification

To the fullest extent permitted by applicable law, the Restaurant agrees to defend, indemnify, and hold harmless Brisque and its officers, directors, employees, affiliates, contractors, and agents from claims, damages, losses, liabilities, costs, and reasonable expenses arising out of or relating to:

• The Restaurant's misuse of the Services;
• The Restaurant's violation of these Terms;
• The Restaurant's violation of applicable law;
• Restaurant-provided content;
• Restaurant-provided Customer Data;
• Unauthorized or unlawful marketing communications initiated by or on behalf of the Restaurant;
• The Restaurant's products or services; or
• The Restaurant's infringement of third-party rights.

34. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN AN APPLICABLE WRITTEN AGREEMENT.

BRISQUE DISCLAIMS WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR SUITABLE FOR EVERY PARTICULAR BUSINESS PURPOSE.

BRISQUE DOES NOT WARRANT THAT THE SERVICES WILL PRODUCE ANY PARTICULAR BUSINESS, FINANCIAL, MARKETING, SEO, SALES, OR OPERATIONAL RESULT.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

35. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRISQUE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS ARISING OUT OF OR RELATING TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRISQUE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED:

[INSERT AGREED LIABILITY CAP]

The limitations in this Section will apply to the fullest extent permitted by applicable law.

36. Third-Party Claims and Services

Brisque may provide integrations or functionality that depends on third parties.

Brisque is not responsible for losses caused solely by a third party's actions, service interruptions, policy changes, security failures, or discontinuation of services, except to the extent expressly provided otherwise in an applicable agreement.

The Restaurant acknowledges that its use of Third-Party Services may be subject to separate terms and privacy policies.

37. Privacy

Brisque's collection and use of personal information is governed by its Privacy Policy.

Brisque Privacy Policy: www.brisque.com/privacy

Where applicable, additional data-processing terms, cookie policies, security documentation, or other privacy documentation may apply.

38. Changes to These Terms

Brisque may modify these Terms from time to time.

Where a material change is made, Brisque will provide notice as required by applicable law or the applicable agreement.

Unless otherwise stated, updated Terms will become effective on the date specified in the notice.

The version of these Terms applicable when a dispute arises will govern that dispute, subject to applicable law.

39. Electronic Communications

By using the Services, the Restaurant agrees to receive electronic communications from Brisque relating to its account, Services, transactions, support, billing, security, and other matters concerning the business relationship.

Where legally permitted, electronic notices and communications may satisfy requirements that such communications be provided in writing.

40. Assignment

The Restaurant may not assign or transfer its rights or obligations under these Terms without Brisque's prior written consent, except where otherwise permitted by the applicable agreement or law.

Brisque may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar transaction.

41. Force Majeure

Neither party will be responsible for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, internet or telecommunications failures, government actions, labor disputes, pandemics, war, terrorism, civil disturbances, or other events outside the affected party's reasonable control.

42. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

43. Waiver

A party's failure to enforce any provision of these Terms will not constitute a waiver of its right to enforce that provision in the future.

44. Entire Agreement

These Terms, together with any applicable Order Forms, subscription agreements, Service Level Agreements, Data Processing Agreements, Privacy Policy, and other documents expressly incorporated by reference, constitute the agreement between Brisque and the Restaurant concerning the Services.

If there is a conflict between these Terms and an applicable Order Form, the Order Form will control to the extent of the conflict, unless otherwise stated.

45. Governing Law and Dispute Resolution

These Terms will be governed by the laws of:

[INSERT GOVERNING LAW / STATE / COUNTRY]

Any dispute arising out of or relating to these Terms or the Services will be resolved through:

[INSERT COURT JURISDICTION / ARBITRATION PROCEDURE / DISPUTE RESOLUTION MECHANISM]

46. Notices

Legal notices to Brisque should be sent to:

[Legal Entity Name]

[Registered Address]

Email: [Legal Email Address]

Notices to the Restaurant may be delivered to the email address or physical address associated with the Restaurant's account.

47. Contact Us

If you have questions about these Terms or the Services, contact:

Brisque

[Legal Entity Name]

[Business/Registered Address]

Email: [Legal/Support Email]

Website: www.brisque.com