Terms of Use

Welcome to SchoolBitez. These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Nlogic Software LLC ("SchoolBitez," "we," "us," or "our"), governing your access to and use of the SchoolBitez platform, including our website, mobile applications, APIs, and all related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Platform.

1. Definitions

• "Platform" refers to the SchoolBitez software-as-a-service application, including all web and mobile interfaces, tools, features, and functionality provided by SchoolBitez.
• "User" refers to any individual or entity that accesses or uses the Platform, including school administrators, caterers, food service providers, parents, guardians, and staff members.
• "Content" refers to any data, information, text, images, menus, orders, financial records, reports, or other materials uploaded, submitted, or generated through the Platform.
• "Services" refers to all services provided through the Platform, including menu management, online ordering, payment processing, reporting, and related functionality.

2. Acceptance of Terms

By creating an account, accessing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are accepting these Terms on behalf of a school, school district, catering company, or other organization, you represent and warrant that you have the authority to bind such entity to these Terms.

3. Account Registration and Security

To access certain features of the Platform, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration and keep your account information updated.
• Maintain the confidentiality of your account credentials, including your password.
• Accept responsibility for all activities that occur under your account.
• Notify SchoolBitez immediately of any unauthorized use of your account or any other breach of security.
• Not share your account credentials with any third party or allow any third party to access your account.

SchoolBitez reserves the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

4. Permitted Use

Subject to these Terms, SchoolBitez grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes related to school meal management, catering operations, or parental meal ordering. You shall not:

• Use the Platform for any purpose other than its intended school catering and meal management functions.
• Sublicense, resell, rent, lease, or otherwise commercially exploit the Platform or any portion thereof to any third party.
• Use the Platform in any manner that violates applicable local, state, national, or international law or regulation.
• Interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure.
• Attempt to gain unauthorized access to the Platform, other user accounts, or any associated systems or networks.

5. Intellectual Property and Proprietary Rights

The Platform, including but not limited to its source code, object code, algorithms, user interface design, architecture, documentation, features, functionality, graphics, logos, and all related intellectual property, is and shall remain the exclusive property of SchoolBitez and its licensors. All rights not expressly granted herein are reserved.

You expressly agree that you shall not:

• Copy, reproduce, modify, adapt, translate, or create derivative works of the Platform or any part thereof.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying technology of the Platform.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Platform.
• Use SchoolBitez trademarks, trade names, logos, or service marks without prior written consent.
• Scrape, harvest, or extract data from the Platform using automated means, bots, or similar technologies.
• Benchmark, test, or evaluate the Platform for the purpose of developing or assisting a competing product or service.

6. Confidentiality

In the course of using the Platform, you may receive or have access to confidential information belonging to SchoolBitez, including but not limited to product features, roadmaps, technical specifications, pricing structures, business strategies, communications, and proprietary methodologies ("Confidential Information"). You agree to:

• Maintain the strict confidentiality of all Confidential Information and not disclose it to any third party without the prior written consent of SchoolBitez.
• Use Confidential Information solely for the purpose of utilizing the Platform in accordance with these Terms.
• Take all reasonable measures to protect the confidentiality of Confidential Information, using no less than the degree of care you use to protect your own confidential information.
• Not use Confidential Information to develop, enhance, or market any product or service that competes with SchoolBitez.
• Promptly return or destroy all Confidential Information upon termination of your account or upon request by SchoolBitez.

This confidentiality obligation shall survive the termination of these Terms for a period of three (3) years.

7. User Content and Data

You retain ownership of all Content that you upload, submit, or transmit through the Platform. By uploading Content, you grant SchoolBitez a non-exclusive, worldwide, royalty-free license to use, process, store, and display such Content solely for the purpose of providing and improving the Services.

You represent and warrant that you have all necessary rights and permissions to upload and share any Content on the Platform, and that such Content does not violate the rights of any third party. You are solely responsible for the accuracy, completeness, and legality of all Content you provide.

8. Food Service, Health, and Safety Disclaimer

THIS SECTION CONTAINS IMPORTANT LIMITATIONS ON SCHOOLBITEZ'S LIABILITY. PLEASE READ IT CAREFULLY.

SchoolBitez is a software platform that facilitates menu management, meal ordering, payment collection, and reporting for schools and caterers. SchoolBitez does not prepare, cook, handle, package, deliver, or serve any food or beverages. SchoolBitez is not a food service provider, caterer, restaurant, or food establishment.

You expressly acknowledge and agree that:

• No liability for food quality or safety: SchoolBitez shall not be liable for the quality, safety, taste, temperature, freshness, nutritional content, or suitability of any food or beverages ordered through, listed on, or otherwise associated with the Platform. All food-related responsibilities rest solely with the caterer, school, or food service provider.
• No liability for allergic reactions or health issues: SchoolBitez shall not be liable for any allergic reactions, foodborne illnesses, food poisoning, choking incidents, nutritional deficiencies, or any other health issues, injuries, or medical conditions arising from or related to the consumption of food or beverages ordered through the Platform. While the Platform may provide allergen information as entered by food service providers, SchoolBitez does not verify, guarantee, or warrant the accuracy or completeness of such information.
• No liability for missed meals: SchoolBitez shall not be liable for any missed meals, late deliveries, incorrect orders, order cancellations, or failure to fulfill meal orders for any reason, including but not limited to system downtime, technical errors, connectivity issues, payment processing failures, user error, or acts of third parties. Parents, guardians, and schools are responsible for ensuring that students have access to adequate nutrition.
• No liability for dietary compliance: SchoolBitez does not guarantee compliance with any specific dietary requirements, religious dietary laws, medical dietary restrictions, or government nutritional guidelines. Users are solely responsible for verifying that food selections meet their specific dietary needs.
• No liability for third-party actions: SchoolBitez shall not be liable for any acts, omissions, negligence, or misconduct of any caterer, food vendor, school, delivery service, or any other third party that uses or interacts with the Platform.

9. Payment Terms

Certain features of the Platform require payment of fees. By subscribing to a paid plan, you agree to pay all applicable fees as described on our pricing page or in a separate order form. All fees are stated in U.S. dollars unless otherwise specified.

• Fees are billed in advance on a monthly or annual basis, depending on your subscription plan.
• All fees are non-refundable except as expressly stated in these Terms or required by applicable law.
• SchoolBitez reserves the right to modify pricing with thirty (30) days prior written notice.
• Failure to pay fees when due may result in suspension or termination of your access to the Platform.
• You are responsible for all taxes associated with your use of the Platform, excluding taxes based on SchoolBitez's net income.

10. Payment Processing

The Platform integrates with third-party payment processors, including but not limited to Stripe, Square, Authorize.net, and Vanco. SchoolBitez does not directly process, store, or handle credit card or bank account information. All payment transactions are subject to the terms and conditions of the applicable payment processor. SchoolBitez shall not be liable for any errors, delays, or failures in payment processing caused by third-party payment providers.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCHOOLBITEZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, or other intangible losses.
• Any damages arising from personal injury, illness, allergic reactions, food contamination, missed meals, or any health-related incidents connected to food ordered or managed through the Platform.
• Any damages arising from unauthorized access to or alteration of your data or Content.
• Any damages arising from interruption, suspension, or termination of the Platform or Services.
• Any damages arising from the conduct of any third party on or through the Platform.

IN NO EVENT SHALL SCHOOLBITEZ'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE AMOUNTS PAID BY YOU TO SCHOOLBITEZ DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SCHOOLBITEZ SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

SCHOOLBITEZ DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCHOOLBITEZ DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE PLATFORM, INCLUDING MENU INFORMATION, ALLERGEN DATA, NUTRITIONAL INFORMATION, OR PRICING.

13. Indemnification

You agree to indemnify, defend, and hold harmless SchoolBitez, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Content or data; (e) any food or beverages prepared, served, or distributed in connection with your use of the Platform; (f) any allegation that your use of the Platform infringes or violates the rights of any third party; or (g) any dispute between you and any other User or third party.

14. Term and Termination

These Terms are effective upon your first access to or use of the Platform and shall remain in effect until terminated. Either party may terminate these Terms at any time by providing written notice to the other party.

• SchoolBitez may suspend or terminate your access to the Platform immediately and without prior notice for any violation of these Terms or for any other reason at its sole discretion.
• Upon termination, your right to access and use the Platform shall immediately cease.
• SchoolBitez may retain or delete your Content and data following termination in accordance with our data retention policies and applicable law.
• Sections relating to intellectual property, confidentiality, limitation of liability, disclaimer of warranties, indemnification, and governing law shall survive termination.

15. Modifications to Terms

SchoolBitez reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Platform.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively in the state or federal courts located in Santa Clara County, California, and you hereby consent to the personal jurisdiction of such courts.

Before initiating any legal proceeding, you agree to first attempt to resolve the dispute informally by contacting SchoolBitez at support@schoolbitez.com. If the dispute is not resolved within thirty (30) days, either party may pursue formal legal remedies.

17. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and SchoolBitez regarding your use of the Platform and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
• Waiver: The failure of SchoolBitez to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of SchoolBitez. SchoolBitez may freely assign these Terms.
• Force Majeure: SchoolBitez shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, power failures, internet outages, or labor disputes.
• Notices: All notices under these Terms shall be in writing and sent to the email address associated with your account or to support@schoolbitez.com.