Terms of Service
This is the agreement between AppWT LLC and the business that uses AppWT Relay to take orders and reservations. It is written to be read, not to be survived.
1. Who this agreement is between
This agreement is between AppWT Web & AI Solutions (AppWT LLC), a Michigan limited liability company, and the business that signs up for the service. We call ourselves "AppWT" or "we." We call your business "you" or "the Operator." We call a person who places an order through your menu "a Guest."
You accept this agreement when you create an account or when you take your first order through the service, whichever happens first.
2. What the service does
AppWT Relay is software you reach through a web browser. It publishes your menu, takes orders and reservations from your Guests, applies your own pricing and tax settings, routes each order to the stations you choose, and records what was ordered and what was paid.
The service is software only. We do not cook, package, hold, deliver or serve food. We do not set your prices, your hours, your tax rate or your menu. You do.
3. You are the merchant of record
This is the most important term in this document, so it is not buried at the end.
Every sale made through the service is a sale between you and your Guest. AppWT is not a party to it. You are the merchant of record. That means you, and not AppWT, are responsible for:
- the goods and services sold, including their description, quality, safety and allergen information;
- collecting and remitting sales tax, and for the tax rates you configure;
- refunds, cancellations, disputes and chargebacks;
- your own licensing, permits, health inspections and alcohol rules, where any apply;
- honoring the price shown to the Guest at the time the order was placed.
Money from a Guest's payment goes to your payment processor account, not to ours. We never hold your sales revenue.
4. Payments and card data
Card payments run through a third-party payment processor under your own account with that processor. You agree to that processor's terms directly with them, separately from this agreement.
Card numbers, expiration dates and security codes are entered on the processor's own hosted payment page and are never sent to, processed by or stored on AppWT servers. We receive a confirmation that a payment succeeded or failed, along with the last four digits and the card brand for your records. We do not receive the card number.
If your processor reverses a payment, the service will reflect that reversal. The financial outcome of a reversal is between you, your Guest and your processor.
5. Hardware you buy yourself
Receipt printers and other equipment are bought by you, from a retailer of your choosing, and are covered by that manufacturer's warranty. We publish a list of models the service is built to work with. That list is a compatibility statement, not a resale offer and not a warranty.
We do not repair, replace or refund hardware. If a printer fails, the order is still recorded in the service and can be viewed, reprinted or read on screen.
6. Your content and your data
Your menu, your descriptions, your photographs, your prices and your customer records stay yours. You give us permission to store, copy and display that content only to the extent needed to run the service for you.
You keep the right to export your data at any time while your account is active, and for thirty days after it closes. See section 12.
You are responsible for having the right to use anything you upload. Do not upload photographs, logos or text you do not have permission to use.
7. Our platform stays ours
The software, its source code, its design, its documentation and the name it is sold under belong to AppWT. This agreement is a subscription to use the service. It does not transfer ownership of any part of it, and it does not grant a license/licence to copy, resell, rent, reverse engineer or build a competing product from it.
8. Acceptable use
Do not use the service to break the law, to send unsolicited bulk messages, to attack or probe our systems or anyone else's, to misrepresent what you are selling, or to take payment for goods you do not intend to provide. Do not share one account between separate businesses.
You are responsible for what happens under your account, including anything done by your staff. Keep your passwords private and tell us promptly if you believe an account has been compromised.
9. Availability and support
We will make commercially reasonable efforts to keep the service available and to fix faults promptly. We do not commit to a specific uptime percentage or a specific response time in this agreement. We would rather state that plainly than publish a number we cannot yet stand behind.
We may take the service down for maintenance. Where we can plan it, we will give notice and work outside normal service hours.
Support is reached at sales@appwt.com or (888) 565-0171.
10. Disclaimers
The service is provided "as is" and "as available." To the fullest extent the law allows, AppWT disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the service will be uninterrupted, error free, or that it will meet every requirement of your business.
11. Limitation of liability
To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue or lost data, even if it was told those losses were possible.
To the fullest extent the law allows, AppWT's total liability arising out of or relating to this agreement is limited to the amount you paid us for the service in the twelve months before the event giving rise to the claim.
Nothing in this section limits liability that cannot be limited by law, including liability for fraud or for willful misconduct.
12. Term, termination and getting your data out
This agreement runs for as long as your account is active. Either party may end it with thirty days' written notice. We may suspend an account immediately if it is being used in a way that breaks section 8 or that puts the platform or other customers at risk.
When an account closes, your data stays available for export for thirty days. After that it is deleted on a schedule and cannot be recovered. Export anything you need before the thirty days run out.
13. Changes to this agreement
We may update these terms. If a change materially reduces your rights or increases your obligations, we will give at least thirty days' notice by email to the address on your account before it takes effect. Continuing to use the service after that date means you accept the change. If you do not accept it, close the account before the date and export your data.
14. Governing law
This agreement is governed by the laws of the State of Michigan, without regard to its conflict of laws rules. The courts serving Wayne County, Michigan have exclusive jurisdiction, and both parties consent to that venue.
15. Notices
Notices to you go to the email address on your account. Notices to us go to sales@appwt.com and, where this agreement requires writing, to 14365 Yale St, Box 47, Livonia, MI 48154, USA.
16. The rest
If a court finds one part of this agreement unenforceable, the rest stays in force. A failure to enforce a term is not a waiver of it. You may not transfer this agreement without our written consent. We may transfer it to a successor in a merger or sale of the business. This document, plus the Privacy Policy, is the entire agreement between us about the service and replaces any earlier understanding about it.