1. General

The terms and conditions in this DSA govern all use of the software and the services marketed by Deliverect, hereinafter referred to as the “Service” or “Services”, including but not limited to the applications named “Restaurant Butler”, “Digital Menu” or “Kitchen Display” and all additional Deliverect software that is available now and in the future including any software, programs, documentation, tools and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases). The terms and conditions of this DSA also govern all use of the Deliverect website www.Deliverect.com, hereinafter referred to the “Site”. Deliverect may also perform installations and provide hardware and supplies mentioned or not mentioned on the Site (taken together with the Site, hereinafter referred to as the “Product” or “Products”). The term and conditions in this DSA apply to all Products.

Please read this Deliverect services agreement carefully before using the deliverect services. By accessing or using the Deliverect services, customer agrees to be bound by the terms of this agreement. If customer does not agree to the terms of this agreement, customer shall not access, install and/or use the Deliverect services and, if presented with the option to “agree” or “disagree” to the terms, clicks “disagree”.

2. Representation

By accessing any part of the Deliverect’ Services or by using the Services in any way whatsoever, Customer recognizes being bound by the terms of this DSA. Customer warrants and guarantees that Customer is at least eighteen (18) years old and has read, understand, and agree to be bound by this DSA. If Customer is entering into this DSA on behalf of a company, Customer warrants and guarantees that Customer has the authority to bind that company to the terms of this DSA.

As a condition to using the Services, Customer may be required to register with Deliverect and create a Deliverect account and select a password and user name (“Deliverect User ID”). Customer may not (i) select or use any Deliverect User ID of another person or company with the intent to impersonate that person or company; or (ii) use as an Deliverect User ID or Deliverect Site Name a name for which Customer does not have permission to use. Deliverect reserves the right to refuse registration of, or cancel a Deliverect User ID in its discretion. Customer is responsible for maintaining the confidentiality of the Deliverect password and other account information. Customer agrees that the information provided will be accurate, complete, and up to date, and if Deliverect determines that the information does not meet those standards, or if these requirements are violated, Deliverect may immediately terminate the DSA for breach and/or suspend the Customer’s use of the Services.

3. Ownership of the Service

The Service is licensed and not sold. Deliverect reserves all rights not expressly granted to the Customer in this DSA. By accepting this Agreement, Customer recognizes that the Service, the Intellectual property Rights, the copyright and the trademarks are the exclusive and inalienable property of Deliverect or its suppliers, and that the trademarks, the name and Intellectual Property Rights remain the property of Deliverect or its suppliers. The Service is protected by copyright, trade secret and other intellectual property laws. Deliverect owns the title, copyright and worldwide Intellectual Property Rights (as defined below) in and to the Services, all copies of the Services, their software and the documentation. This DSA does not grant you any rights to Deliverect trademarks or service marks. For the purposes of this DSA, “Intellectual Property Rights” means all author’s rights, patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Customer may use the Deliverect name and/or logo, solely in accordance with Deliverect’s Trademark Guidelines; provided, however, that Deliverect can revoke that privilege at any time. Customer hereby consent that, if Customer chooses to use the Service, Deliverect may identify Customer as a Deliverect customer (using Customer’s name and logo) and generally describe the Services it provides to Customer in its promotional materials, presentations, and proposals to other current and prospective customers.

Customer may choose to or Deliverect may invite Customer to submit comments or ideas about the Service, including without limitation about how to improve the Service (“Ideas”). By submitting any Idea, Customer agrees that the disclosure is gratuitous, unsolicited and without restriction and will not place Deliverect under any fiduciary or other obligation, and that Deliverect is free to use the Idea without any additional compensation to Customer, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. Customer further acknowledge that, by acceptance of Customer’s submission, Deliverect does not waive any rights to use similar or related ideas previously known to Deliverect, or developed by its employees, or obtained from sources other than Customer.

4. How we use your personal data, in what purposes, and on what legal basis.

We will only use your personal data when the law allows us to. To be more precise, we will use your personal data where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, and where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate, and we have identified purpose of data collecting, where your consent are legal base for data collection.t, or developed by its employees, or obtained from sources other than Customer.