Terms of Service

The Service

Brite provides hosted restaurant-management software: the BritePOS point-of-sale app, the BriteKDS kitchen-display app, the BriteRES reservations app, the BritePay customer payment display, an admin console, and supporting web services. The apps are business tools for restaurant staff and connect to a Brite server operated for the restaurant.

Accounts and responsibilities

• You are responsible for the accuracy of your account information and for all activity that occurs under your accounts and staff PINs.
• You must keep sign-in credentials, device tokens, and staff PINs confidential, and promptly notify us of any suspected unauthorized use.
• You are responsible for the devices, networks, printers, and card readers you use with the Service.

Acceptable use

You agree not to:

• use the Service unlawfully or in violation of these Terms;
• interfere with or disrupt the Service, attempt to gain unauthorized access to it, or probe or circumvent its security;
• copy, modify, reverse-engineer, resell, or sublicense the Service except as expressly permitted; or
• use the Service to store or transmit malicious code or to infringe others’ rights.

Your data and your guests’ data

When a restaurant uses Brite to manage its own guests’ bookings and orders, the restaurant is the data controller for that information and Brite acts as a processor on the restaurant’s behalf. You are responsible for handling guest information lawfully, including any required notices and consents. Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms.

Payments, fees, and processors

Card payments are processed by the restaurant’s chosen payment provider (for example Stripe, Mollie, or PayPal), and your use of those services is subject to their terms. Card numbers are handled by the provider’s systems — the Brite apps do not collect or store card numbers.

Fees for the Service, if any, are as set out in your order, subscription, or separate written agreement with Brite. Unless stated otherwise, fees are exclusive of taxes, which are your responsibility. You are responsible for the accuracy of prices, taxes, tips, and totals configured in and recorded by the Service.

License and updates

Subject to these Terms, Brite grants you a limited, non-exclusive, non-transferable right to use the Service for operating your restaurant during your subscription or license term. We may update, improve, or change the Service from time to time, and may release updates that you may need to install to keep the Service functioning.

Intellectual property

The Service, including the apps, software, and their look and feel, and the BritePOS, BritePay, BriteRES, and related marks, are owned by Brite or its licensors and are protected by intellectual-property laws. Except for the rights expressly granted here, no rights are transferred to you. Data you enter remains yours.

Availability and failsafe

We work to keep the Service reliable, but it is provided on an “as available” basis and we do not guarantee uninterrupted or error-free operation. Maintenance, network conditions, third-party providers, and your own hardware can affect availability. A local failsafe is designed to help you keep serving during connectivity interruptions, but it is not a guarantee against data loss or downtime.

Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability

To the maximum extent permitted by law, Brite will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenue, or data. Brite’s total liability arising out of or relating to the Service will not exceed the amounts you paid to Brite for the Service in the twelve (12) months before the event giving rise to the claim.

Indemnification

You agree to indemnify and hold Brite harmless from claims, damages, and expenses (including reasonable legal fees) arising out of your use of the Service, your data, or your breach of these Terms.

Term and termination

These Terms apply while you use the Service. We may suspend or terminate access if you breach these Terms or if necessary to protect the Service or other users. You may stop using the Service at any time. On termination, your right to use the Service ends; certain provisions (such as intellectual property, disclaimers, limitation of liability, and indemnification) survive. Data handling after termination is described in our Privacy Policy.

Governing law

These Terms are governed by the laws applicable at Brite’s principal place of business, without regard to conflict-of-laws rules, and you agree to the exclusive jurisdiction of the courts there, except where applicable law provides otherwise.

Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the effective date above and, where appropriate, by additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Contact

Questions about these Terms? Email legal@britetele.com.