1. Introduction

Welcome to 11Digits! These terms and conditions ("Terms") are a legally binding agreement for your access to and use of any websites, mobile sites, mobile applications, products or services ("Services") offered by 11Digits ("11Digits", "We", "Us"). ("Customer", "You", "Your") shall refer to any individual or entity and its authorized users who subscribe to or use the Services.

By using our Services, you agree to these Terms (on behalf of yourself or the entity you represent) and represent and warrant that you have the right, authority and capacity to accept these Terms (on behalf of yourself or the entity you represent). Please read them carefully. If the Site Terms are not acceptable to you, you should immediately discontinue using the Site.

Access to the Site may be restricted or suspended at any time, without prior notice, including for security reasons or during the execution of a maintenance session, without this giving rise to any right to compensation against 11Digits.

2. Service Description

11Digits is a technology platform, designed to streamline operations in the restaurant industry by creating a custom mobile app and dashboard to manage customers, orders, deliveries, and marketing and loyalty campaigns. You can connect to the Services using any modern internet browser. You are responsible for obtaining internet access and the equipment necessary to use the Services. You may create and edit content with your user account and, if you choose to do so, you may publish and share that content.

3. Copyright

Everything you see/read on this website (the so-called "Content of the Services"), including text, photos, illustrations, graphics, web graphics, audio clips, video clips and any other data, is the exclusive property of and protected by Romanian copyright law and all applicable international copyright treaties. The use without written consent of any elements of the site or any elements listed above is punishable under applicable laws. You may not copy, download, print, publish, display, process, distribute, transmit, transfer, translate, modify, add, update, compile or transform/adapt in any form the content of the Services or parts thereof without obtaining prior written consent from 11Digits.

You retain ownership of your content ("User Content"). By "User Content" we mean things you upload, post or otherwise make available to 11Digits in the form of text, audio or video content. 11Digits does NOT claim ANY ownership rights to your Content. However, we do need you to grant us certain rights to your Content so that we can incorporate such Content into our Services. Without such rights, we may violate copyright and other laws by storing, posting or displaying User Content. By posting or publishing any Content on or through 11Digits, you grant us a limited, non-exclusive, fully-paid, royalty-free, worldwide license to use, publish, modify, delete, add, reproduce and otherwise use such Content. You confirm and warrant to 11Digits that you own all rights, licenses and permissions to grant the foregoing license.

4. Your account

In order to use the Services, you must provide certain information about yourself and the restaurant. The collection and processing of your personal data is subject to our Privacy Policy.

You represent and warrant that:

(a) all required registration information you provide is true and accurate;

(b) you will maintain the accuracy of such information.

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to notify 11Digits immediately of any unauthorized use or suspected unauthorized use of your account or any other breach of security. 11Digits cannot and will not be liable for any loss or damage resulting from your failure to comply with the above requirements

5. Access to Service

Subject to these Terms, 11Digits grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own business purposes in accordance with the type of account to which you currently subscribe. The rights granted to you under these Terms are subject to the following restrictions:

(a) You may not copy, modify, distribute, sell or rent any portion of the Services and the accompanying software.

(b) You may not reverse engineer or attempt to extract the source code of such software program, except as permitted by law or with our written permission.

You acknowledge and agree that all intellectual property rights, including copyrights, patents, trademarks and trade secrets in the Services and their content are owned by 11Digits. Neither these Terms (nor your access to the Services) transfer to you or any third party any right, title or interest in or to such intellectual property rights, except for the limited access rights expressly described above.

6. Personal data of the end user

You acknowledge and agree that we will collect end users' personal data as part of providing services to you. You will be solely responsible for the integrity, accuracy, legality and reliability of all personal data. You hereby grant and represent that you have the right to grant 11Digits a non-exclusive, royalty-free, fully-paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, format, display, store, archive and index end users' personal data for the purpose of providing services to you. We represent and warrant that we will not sell, license, rent or otherwise share end users' personal data with any third party except as necessary to provide the services.

7. Use of the Site

You may not use the Site to upload, post or transmit any material:

(a) that infringes the rights of third parties, including any copyright, trademark, patent, trade secret or other intellectual property or proprietary right;

(b) that is threatening, false, misleading, abusive, harassing, licentious, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, profane or any other material that could constitute or encourage conduct that would violate any law, public policy, morality or would otherwise give rise to civil, criminal, disciplinary or other liability or violate any law.

(c) harming minors in any way.

11Digits reserves the right to terminate any account or user who has violated any of the above prohibitions.

8. WARRANTIES AND DISCLAIMER

WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 11Digits DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 11Digits IS NOT RESPONSIBLE IN ANY WAY FOR THIRD PARTY SERVICES ASSOCIATED WITH OR USED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF SUCH THIRD PARTY SERVICES OR PLATFORMS.

CERTAIN JURISDICTIONS PROVIDE CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, SO SOME LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

9. Compensation

You will indemnify us, our agents, employees, our partners and our licensors for any claims, demands, losses or damages, including reasonable attorneys' fees, arising out of or in connection with your Content, your use of the Services or your violation of the Terms.

11Digits will use reasonable efforts to notify you of any such claim, action or proceeding as soon as it becomes aware of it. The indemnification obligations set forth in this section shall survive any termination or expiration of this Agreement or your use of the Services.

10. LIABILITY FOR OUR SERVICES

WE ARE NOT LIABLE TO YOU. OR TO ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, INCLUDING LOST PROFITS, LOST REVENUE OR LOSS OF REPUTATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 11Digits, ITS SUPPLIERS AND ITS PARTNERS FOR ANY CLAIM UNDER THESE TERMS AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM FOR USE OF THE SERVICES (OR, AT OUR OPTION, ONE HUNDRED DOLLARS ($100)).

THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF A REMEDY DOES NOT FULLY COMPENSATE YOU FOR THE LOSS OR WE KNEW/SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES.

11. Termination

You may terminate your use of our Services at any time. Termination of your account will not relieve you of any obligation to pay any fees due.

11Digits may also discontinue providing the Services to you and we may terminate or suspend your right to use and access the Services at any time if:

(a) you violate any provision of the Terms (or act in a manner that clearly indicates that you do not intend or are unable to comply with the Terms);

(b) you fail to timely pay the fees for the Services;

(c) you materially breach any provision of the Terms and (i) the breach cannot be corrected or (ii) we notify you of the breach and you do not correct it within 14 days;

(d) you physically, verbally or otherwise abuse, threaten, demean or harass us or our staff;

(e) you have repeatedly made complaints in bad faith or without a reasonable basis and continue to do so after we have asked you to stop;

(f) we are required to do so by law (for example, if the provision of Services to you is or becomes unlawful);

We believe that you are the owner of your own data, and keeping access to that data is important. If we discontinue providing a Service, where reasonably possible, we will notify you in advance and reasonably offer you the opportunity to retrieve the information from the Service.

12. Final remarks

These Terms and Conditions govern the relationship between 11Digits and you. They do not create any rights for third party beneficiaries.

If you do not comply with these Terms and Conditions and we do not take immediate action, it does not mean that we waive the rights we have. If certain Terms and Conditions are found to be unenforceable, this will not affect the rest of the Terms and Conditions. In the event of any dispute arising out of or in connection with these Terms and Conditions or the Services, Romanian law shall apply. All claims arising out of or in connection with these Terms and Conditions or the Service must be brought solely and exclusively in Romanian courts.

If you have any questions about your use of the 11Digits Site and/or Services or these Terms and Conditions, we are happy to provide information at hello@11Digits.com.