Terms of service

1. The service

Item86 is an online service for hotels and restaurants: menu engineering (dish profitability and popularity), recipe costing, recommendations, purchasing and waste analysis, comps and discounts, staffing and RevPASH, menu reviews, supplier price lists, a live view of POS sales, and group reporting. Features may change as the service develops; we will not remove a core feature you rely on during a paid term without notice.

2. Pilots

A pilot is a free trial period agreed with us. During a pilot the service is provided as it is, without a service level, and either side can end it at any time. At the end of a pilot you can move to a paid plan, export your data, or ask us to delete it.

3. Accounts and your team

• The owner of the account decides who joins and what they can see. You are responsible for your users, for keeping sign-in details safe, and for what is done in your account.
• Tell us straight away at [hello@item86.co] if you think someone has got into your account without permission.
• Accounts are for people working for, or on behalf of, the Customer. Each person needs their own login.

4. Your data

• The data you put into Item86, or that Item86 retrieves from your systems on your instruction, belongs to you ("Customer Data").
• You allow us to store and process Customer Data only to provide, secure and support the service for you, as set out in the data processing agreement.
• You are responsible for having the right to use the data you put into Item86. Please don't put guests' names or other personal details into free-text fields unless you need to.
• We may use anonymous, aggregated statistics about how the service is used (never identifying you, your outlets or your figures) to improve it.

5. POS and other connections

• If you connect a POS system (for example Oracle Simphony) or another system, you authorize Item86 to sign in to it with the details you give us and to retrieve your sales data from it, on a schedule, until you disconnect.
• You confirm that you are allowed to give us that access, including under your agreements with the POS provider, and that the account you give us is limited to what Item86 needs (for Simphony: read-only reporting access).
• We store those login details encrypted and use them for nothing else. Disconnecting deletes them.
• Third-party systems are outside our control; we are not responsible for their availability, accuracy or changes, though we will do our best to keep connections working.

6. Recommendations are advice

Item86 calculates figures and makes suggestions (for example on prices, menus, purchasing, staffing or happy hours) from the data available to it. They are estimates to support your decisions, not guarantees of results. They are only as good as the data behind them, and you decide whether and how to act on them.

7. Acceptable use

You agree not to:

• use Item86 for anything unlawful, or to store data you have no right to use;
• try to get into other customers' data, test or bypass our security, or overload the service;
• copy, resell or reverse-engineer the service, or use it to build a competing product;
• upload malicious files or content.

8. Fees

Pilots are free. Paid plans are charged per outlet per month as shown on our pricing at the time you subscribe (currently USD 86 a month for one outlet; for several outlets, the price agreed with us in writing), plus VAT where it applies (Georgian VAT for businesses in Georgia once we are VAT-registered; elsewhere the reverse charge, using the VAT or tax number you give), payable in advance by card through our payment provider. The card is saved and charged automatically at the start of each monthly or yearly period, for the outlets on the account that day, until you cancel on the Account page; cancelling stops future charges and access continues to the end of the paid period. An invoice is issued for each payment. We will give at least 30 days' notice of a price change, which applies from your next billing period.

9. Availability and support

We aim to keep Item86 available at all times but don't guarantee it will be uninterrupted or error-free. We may need short maintenance breaks and will try to schedule them outside service hours. Support is by email at [hello@item86.co].

10. Confidentiality

Each side will keep the other's non-public business information confidential, use it only for this agreement, and share it only with people who need it and are bound by similar duties. This doesn't cover information that is public, already known, independently developed, or that must be disclosed by law.

11. Our intellectual property

Item86's software, design and content belong to us. You get a right to use the service for your business during this agreement. If you send us suggestions, we may use them freely.

12. Liability

• Except as stated in these terms, the service is provided without warranties of any kind, to the extent the law allows.
• Neither side is liable for indirect or consequential loss, lost profits or lost revenue, or loss of data that could have been avoided by keeping your own records.
• Each side's total liability under this agreement in any 12 months is limited to the fees the Customer paid in those 12 months, or USD [100] during a free pilot.
• Nothing limits liability that can't be limited by law, such as for fraud.

13. Ending the agreement

• You can stop using Item86 and close your account at any time; paid plans run until the end of the period paid for.
• We can suspend or end an account that seriously breaches these terms, after notice where reasonable.
• After an account is closed you have 30 days to ask for an export of your data. We then delete it, as described in the data processing agreement.

14. Changes to these terms

We will tell account owners by email at least 30 days before a material change. If you don't agree, you can close your account before the change applies.

15. Law and disputes

This agreement is governed by [the laws of Georgia]. Both sides will first try to settle a dispute by talking; if that fails, [the courts of Tbilisi, Georgia] have jurisdiction. [To be confirmed.]

16. Contact

[Company legal name], [registered in …, company number …], [registered address]. Email: [hello@item86.co].