Terms of Service

Draft for legal review · Last updated July 18, 2026

1. Agreement

These Terms of Service (the "Terms") are a contract between [LEGAL ENTITY NAME — e.g. Varastiq, Inc.] ("Varastiq", "we", "us") and the business that creates an account or signs an order form (the "Customer", "you"). By using the Varastiq services — including the Tiq mobile app, the owner portal, and related APIs (together, the "Service") — you agree to these Terms. If you use the Service on behalf of a business, you represent that you have authority to bind that business.

2. The Service

Varastiq provides inventory and food-cost software for restaurants: inventory counting, invoice capture, order building, plate costing, and reporting. Some figures presented by the Service are estimates that improve as your data arrives; the Service labels the confidence of its figures (for example, "estimated" versus "confirmed"). The Service supports business decisions but does not replace your own judgment, bookkeeping, or professional advice.

3. Accounts

You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your credentials, and for the activity of the users you invite (managers, staff, accountants). You will ensure your users comply with these Terms. Notify us promptly of any unauthorized use of your account.

4. Fees and term

The Service is offered as a flat monthly subscription as stated on your order form or at the time you sign up. Fees are billed monthly in advance and are non-refundable except as required by law or as stated in your order form. We may change pricing with at least 30 days' notice, effective at your next renewal. Either party may cancel the subscription effective at the end of the then-current monthly period.

5. Your data

You own your data. All data you submit to the Service or authorize us to import — sales data from your point-of-sale system, invoices, counts, recipes, menu items, and related business records ("Customer Data") — remains yours. You grant us a limited license to host, process, and display Customer Data solely to provide and improve the Service for you.

Consent-gated, read-only import. Integrations with third-party systems (such as your POS) are read-only and connected only with your explicit authorization. You may revoke that authorization at any time; revocation stops future imports but does not affect data already imported, which you may delete as described in the Privacy Policy.

No selling. We do not sell Customer Data and we do not share it with your vendors or other third parties except the subprocessors we use to run the Service (see the Privacy Policy).

Aggregated data. We may use data that is aggregated and de-identified — so that neither you nor any individual can be identified — to operate, benchmark, and improve the Service.

6. Acceptable use

You will not: (a) resell, sublicense, or provide the Service to third parties except your own users; (b) reverse-engineer or attempt to extract source code from the Service; (c) use the Service to violate law or third-party rights; (d) probe, disrupt, or overload the Service; or (e) upload malicious code. We may suspend access for material violations, with notice where practicable.

7. Third-party services

The Service interoperates with third-party products (for example, Toast POS). Those products are governed by their own terms, and we are not responsible for them. If a third party suspends or changes its integration, we will use reasonable efforts to restore or replace the functionality but are not liable for the interruption; figures already confirmed from imported data remain available to you.

8. Intellectual property

We own the Service, including all software, designs, and content we provide (excluding Customer Data). Feedback you give us about the Service may be used by us without restriction or obligation.

9. Confidentiality

Each party will protect the other's non-public information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to those who need it and are bound by comparable obligations, or where disclosure is required by law.

10. Termination

Either party may terminate for material breach if the breach is not cured within 30 days of written notice. On termination or expiry: your access ends, and for 30 days after we will make Customer Data available for export in a common machine-readable format on request, after which we will delete it in the ordinary course as described in the Privacy Policy. Sections that by their nature should survive (including 5, 8, 9, 11, 12, and 13) survive termination.

11. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Estimates, projections, and cost figures produced by the Service are informational; we do not warrant that they are error-free, and you remain responsible for your business decisions, pricing, and regulatory compliance.

12. Limitation of liability

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data; and (b) each party's total aggregate liability arising out of these Terms is capped at the amounts you paid us for the Service in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, either party's breach of Section 9, or liability that cannot be limited by law.

13. Indemnification

You will defend and indemnify us against third-party claims arising from Customer Data or your unlawful use of the Service. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes their intellectual-property rights; if such a claim arises we may modify the Service, procure rights, or terminate and refund prepaid unused fees.

14. Changes to the Service and these Terms

We may improve or modify the Service, and will not materially degrade its core functionality during a paid term. We may update these Terms; material changes take effect at your next monthly renewal, and we will give notice (email or in-product) before they do. Continued use after the effective date constitutes acceptance.

15. General

These Terms are governed by the laws of [GOVERNING LAW STATE/PROVINCE], excluding conflicts rules; the courts located in [VENUE] have exclusive jurisdiction. Neither party may assign these Terms without consent, except to a successor in a merger or sale of substantially all assets. If a provision is unenforceable, the rest remain in effect. These Terms plus any order form are the entire agreement regarding the Service.

16. Contact

Questions about these Terms: [legal@varastiq.com — confirm mailbox].