SaaS Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern access to and use of the RestaurantOS software-as-a-service platform, applications, websites, APIs, mobile applications and related services provided by Trionix Global (“Provider”, “we”, “us” or “our”).

By registering for, accessing or using the Services, the customer (“Customer”, “you” or “your”) agrees to be legally bound by these Terms.

If the Customer is entering into these Terms on behalf of a company, organisation or other legal entity, the person accepting these Terms represents that they have authority to bind that entity.

2. SaaS Services

The Provider provides software through a hosted Software-as-a-Service (“SaaS”) model.

The Services may include, depending on the Customer’s subscription:

• Software applications and modules;
• Web and mobile access;
• Account management;
• Data storage;
• Reporting and analytics;
• Integrations and APIs;
• Notifications, email, SMS or messaging services;
• Software updates and maintenance;
• Technical support; and
• Other services expressly included in the Customer’s subscription or quotation.

The specific features available to the Customer are determined by the applicable subscription plan, quotation, order form or service agreement.

3. Subscription and User Accounts

The Customer is responsible for:

• Maintaining accurate account information;
• Maintaining the confidentiality of usernames, passwords, API keys and authentication credentials;
• Controlling access to its account;
• Ensuring that authorised users comply with these Terms;
• Immediately notifying the Provider of suspected unauthorised access; and
• Ensuring that users do not share credentials improperly.

The Customer is responsible for all activity performed through its account unless the Customer can demonstrate that such activity resulted directly from the Provider’s breach of its contractual security obligations.

The Provider may suspend access where necessary to protect the platform, other customers, the Provider’s infrastructure or comply with applicable law.

4. Customer Data

The Customer retains ownership of all data, records, files, information, documents and other content submitted to the Services (“Customer Data”).

The Customer grants the Provider a limited, non-exclusive right to host, store, process, transmit and otherwise use Customer Data solely to provide, maintain, secure and improve the contracted Services, subject to applicable data protection laws.

The Provider does not acquire ownership of Customer Data merely by providing the Services.

5. Customer Responsibility for Data

The Customer is solely responsible for:

• The accuracy, legality and completeness of Customer Data;
• Obtaining all necessary consents, permissions and lawful bases for collecting and processing personal data;
• Providing appropriate privacy notices to its users and customers;
• Determining what information is entered into the system;
• Determining retention periods applicable to its data;
• Managing its users and access permissions;
• Maintaining appropriate internal security procedures; and
• Maintaining independent backups of important Customer Data.

Where the Customer determines the purposes and means of processing personal data, the Customer will generally act as the Data Controller and the Provider may act as the Data Processor, where applicable. The parties shall comply with applicable data protection legislation and, where required, execute a separate Data Processing Agreement.

6. Customer Backup Responsibility

The Customer acknowledges and agrees that it is ultimately responsible for maintaining independent and adequate backups of its Customer Data.

The Customer should regularly download, export or otherwise maintain copies of important Customer Data using the backup or export functionality made available by the Provider.

The Provider may implement backup, redundancy, disaster recovery or restoration mechanisms as part of the Services. However, unless a separate written Service Level Agreement (“SLA”) expressly guarantees a particular backup frequency, retention period or recovery point/recovery time, such mechanisms shall not constitute a guarantee that every item of Customer Data can be recovered in every circumstance.

The Provider shall not be liable, to the maximum extent permitted by applicable law, for loss of Customer Data where such loss results from circumstances outside the Provider’s reasonable control, Customer actions or omissions, failure by the Customer to maintain independent backups, unauthorised access through Customer credentials, third-party systems, or other excluded events.

7. Hosting and Third-Party Infrastructure

The Services may depend upon third-party infrastructure and service providers, including but not limited to:

• Cloud hosting providers;
• Data centres;
• Internet service providers;
• Domain and DNS providers;
• Payment processors;
• Email providers;
• SMS providers;
• WhatsApp or messaging providers;
• Authentication providers;
• External APIs;
• Software libraries and platforms; and
• Other technology providers.

The Provider shall use commercially reasonable efforts to select reputable third-party service providers.

However, the Provider cannot guarantee uninterrupted availability or performance of third-party services and shall not be responsible for failures, outages, restrictions, suspension, changes, security incidents or discontinuation of third-party services that are outside the Provider’s reasonable control.

8. Service Availability

The Provider will use commercially reasonable efforts to maintain availability of the Services.

The Services may periodically be unavailable due to:

• Scheduled maintenance;
• Emergency maintenance;
• Software upgrades;
• Security updates;
• Infrastructure failures;
• Internet or telecommunications failures;
• Third-party service interruptions;
• Cybersecurity incidents;
• Force majeure events; or
• Other circumstances beyond the Provider’s reasonable control.

Unless expressly stated in a separate SLA, the Provider does not guarantee uninterrupted, error-free or continuous availability of the Services.

9. Maintenance and Updates

The Provider may modify, update, improve, replace or discontinue features of the Services from time to time.

The Provider may perform scheduled or emergency maintenance where reasonably necessary for security, reliability, performance, compliance or operational purposes.

Where reasonably practicable, the Provider will provide advance notice of material planned maintenance.

10. Security

The Provider will implement reasonable technical and organisational security measures appropriate to the nature of the Services and reasonably foreseeable risks.

However, no internet-based or cloud-based system can be guaranteed to be completely secure.

The Customer acknowledges that cybersecurity risks may include hacking, malware, ransomware, phishing, credential theft, denial-of-service attacks, vulnerabilities in third-party services and other threats.

The Customer is responsible for implementing appropriate security controls within its own organisation, including secure passwords, user access management, multi-factor authentication where available, device security and employee awareness.