Terms of Service

Last Updated: January 2025

These Terms of Service ("Terms") govern your use of deitalite's restaurant demand forecasting service ("Service"). By subscribing to or using the Service, you agree to be bound by these Terms.

1. Service Description

deitalite provides a SaaS (Software as a Service) platform that generates 7-day sales forecasts for restaurants using machine learning models trained on your historical sales data combined with weather data. The Service includes:

• Custom model training based on your uploaded sales data
• Automatic weather data integration from OpenMeteo API
• Access to a private web dashboard with daily updated forecasts
• CSV export functionality for forecast data

2. Eligibility

To use the Service, you must:

• Be at least 18 years old
• Represent a restaurant or food service business
• Provide accurate information during signup
• Comply with all applicable laws and regulations

3. Account Registration and Access

3.1 Account Creation

To access the Service, you must:

• Complete payment via Moneybird Payments
• Fill out the onboarding questionnaire
• Upload historical sales data (minimum 90 days, 365 days recommended)

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your dashboard login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

4. Pricing and Payment

4.1 Subscription Fees

Current pricing:

• Launch Price: €49 for 30 days of access
• Regular Price: €79 for 30 days of access (after launch period ends)

All prices are in EUR and exclude applicable taxes (VAT, sales tax, etc.).

4.2 Payment Terms

• Payment is due upfront for each 30-day period
• Payments are processed securely via Moneybird Payments
• There is no automatic renewal. You must manually renew for continued access.

4.3 Refund Policy

• No Refunds: All payments are non-refundable except in cases of service unavailability or material breach by deitalite
• Service Issues: If the Service is unavailable for more than 48 consecutive hours due to our fault, you may request a prorated refund
• Cancellation: You may cancel at any time, but you will retain access until the end of your current paid period (no partial refunds)

5. Data Usage and Ownership

5.1 Your Data

You retain full ownership of all sales data you upload. By using the Service, you grant deita a limited license to:

• Store and process your data to train forecasting models
• Generate forecasts based on your data
• Use anonymized, aggregated data for service improvements and research
• deita will never sell or hand over your data to third parties

5.2 Our Intellectual Property

deita retains all rights to:

• The forecasting algorithms and machine learning models
• The dashboard software and user interface
• Any documentation, branding, or materials provided

You may not reverse engineer, copy, or redistribute any part of the Service.

5.3 Data Accuracy

You represent and warrant that:

• You have the legal right to upload and share your sales data
• The data you provide is accurate and complete to the best of your knowledge
• Your data does not violate any third-party rights or applicable laws

6. Acceptable Use

You agree NOT to:

• Share your dashboard link or login credentials with unauthorized parties
• Use the Service for any unlawful or fraudulent purpose
• Attempt to hack, disrupt, or interfere with the Service
• Upload malicious code, viruses, or harmful data
• Resell, redistribute, or sublicense the Service without permission
• Use automated tools to scrape or extract data beyond normal dashboard usage

Violation of these terms may result in immediate account termination without refund.

7. Service Availability and Limitations

7.1 Uptime

We strive for 99% uptime but do not guarantee uninterrupted service. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will notify you in advance)
• Technical issues or third-party service outages (e.g., hosting provider, weather API)
• Force majeure events (natural disasters, pandemics, etc.)

7.2 Forecast Accuracy

IMPORTANT: Forecasts are estimates, not guarantees. We aim for 15-20% accuracy (80% of the time), but actual results may vary based on:

• Quality and quantity of your historical data
• Unexpected events (e.g., extreme weather, construction works, pandemics, new competitors)
• Weather forecast accuracy (we rely on OpenMeteo, a third-party service)

You use forecasts at your own risk. Although it is generally considered a good predictor, past performance is not indicative of future performance. deita is not liable for business decisions made based on our forecasts.

8. Termination

8.1 By You

You may cancel your subscription at any time by contacting us at info@deita.nl. You will retain access until the end of your current paid period. No refunds for partial periods.

8.2 By deita

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• Payment fails or is disputed
• We discontinue the Service (with 30 days' notice and prorated refund)

8.3 Effects of Termination

Upon termination:

• Your dashboard access is immediately disabled
• Your sales data and models are deleted within 30 days (unless you request earlier deletion)
• You may request a final export of your forecast data before deletion

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Accuracy, reliability, or completeness of forecasts
• Uninterrupted or error-free service
• Security or absence of viruses

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEITA SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Decisions made based on our forecasts (e.g., overstocking, understaffing)
• Third-party service failures (Moneybird Payments, OpenMeteo, shinyapps.io)

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID IN THE LAST 30 DAYS.

11. Indemnification

You agree to indemnify and hold deita harmless from any claims, damages, or expenses arising from:

• Your violation of these Terms
• Your use of the Service
• Your uploaded data (e.g., if it infringes third-party rights)

12. Governing Law and Disputes

These Terms are governed by the laws of The Netherlands. Any disputes will be resolved through:

• Informal Resolution: Contact us first at info@deita.nl to attempt resolution
• Arbitration: If unresolved, disputes will be settled by binding arbitration (not court litigation)
• No Class Actions: You agree to resolve disputes individually, not as part of a class action

13. Changes to These Terms

We may update these Terms from time to time. We will notify you by:

• Posting the updated Terms on this page with a new "Last Updated" date
• Sending an email to your registered email address (for material changes)

Continued use of the Service after changes indicates acceptance. If you disagree, you may cancel your subscription.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and deita.

14.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

14.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

14.4 Assignment

You may not assign or transfer your account without our written consent. We may assign these Terms to a successor entity.

15. Contact Information

For questions about these Terms, please contact us:

• Email: info@deita.nl
• Response Time: 24-48 hours

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