Terms of service

1. Parties and scope

These Terms of Service ("Terms") form a binding agreement between Splitbite SRL, a company incorporated in Romania with its registered office in Bucharest ("Splitbite", "we", "us"), and you.

They apply to the whole platform. Because different people use different parts of it, the Terms are structured so you can find the part that applies to you:

If you are	Read
A guest scanning a QR code at a venue	Sections 1 to 4, 6, 7, 8, 9, 20, 22 to 24, 30 to 33
A venue owner or manager (our Customer)	All sections; sections 10 to 19 are the commercial core
A member of venue staff using the waiter application	Sections 1 to 5, 21, 30 to 33, and your employer's own policies
A visitor to this website	Sections 1, 22 to 24, 30 to 33

Where a separate written agreement, order form or master services agreement is signed between Splitbite and a Customer, that document prevails over these Terms to the extent of any conflict. In all other cases these Terms, together with the Privacy Policy and any applicable Data Processing Agreement, are the whole agreement.

By accessing or using any part of the platform you accept these Terms. If you do not accept them, do not use the platform. A guest who does not wish to accept them may ask venue staff for a conventional menu and order in the usual way, at no disadvantage.

2. Definitions

• "Platform" — the Splitbite guest application, waiter application, admin application, agent system, application programming interfaces, and all related software and services.
• "Customer" — a hospitality business that has contracted with Splitbite.
• "Guest" — an individual using the guest application at a venue.
• "Authorised User" — an individual permitted by a Customer to access the waiter or admin application.
• "Customer Data" — data a Customer provides or that is generated in the operation of its venue, including menus, pricing, allergen labelling, stock, staff records and transaction records.
• "Guest Data" — data relating to a Guest, including profile, preference, dietary, behavioural and transactional data.
• "Derived Data" — data produced by our processing of Customer Data, Guest Data or platform telemetry: aggregates, statistics, benchmarks, indices, inferred attributes, scores, reports and model parameters.
• "AI Features" — the assistant, suggestion engine, personalisation, pairing, explanation, speech synthesis, image processing and extraction functions described in the Privacy Policy.
• "Agents" — automated components that read from, and may write to, Connected Systems.
• "Connected Systems" — third-party software a Customer authorises us to access, such as point-of-sale, invoicing, accounting, scheduling, marketing and reputation platforms.
• "Order Form" — a document recording a Customer's subscription, plan, fees and term.

3. What the platform is, and what it is not

The Platform is software that presents a venue's menu to its guests, records what guests do with it, transmits orders and service requests to venue staff, and gives the venue analytics and automation over the resulting data.

Splitbite is not a party to the transaction between a guest and a venue. We do not sell, prepare, serve or deliver food or drink. We are not a restaurant, a caterer, a food business operator, a payment service provider, a money transmitter, or an employer of venue staff. When a guest places an order through the Platform, that order is a communication to the venue; the contract for the supply of food and drink is between the guest and the venue, on the venue's terms, and the venue alone is responsible for accepting it, fulfilling it, pricing it, and for the safety, quality, description and legal compliance of what it serves.

Nothing in the Platform constitutes advice. Outputs of AI Features are suggestions, not professional, medical, dietary, nutritional, legal, financial or business advice.

4. Guest terms

4.1 Use without an account

A guest may use the guest application without registering. In that case a pseudonymous identifier is created in the browser and interactions are recorded against it, as described in the Privacy Policy.

4.2 Accounts

A guest may register with an email address or mobile number. You must be at least 16 years old to register. You must provide accurate details, keep your credentials confidential, and not share your account. You are responsible for activity under your account.

4.3 Linking of earlier activity

You should understand, and by registering you accept, that activity recorded against your device's pseudonymous identifier before you registered becomes associated with your account.

4.4 Shared tables

The Platform allows several guests at one table to build a shared cart and split a bill. If you join a shared table, other guests at that table will see your chosen display name and the items you add. Do not use a display name that reveals more about you than you wish others at the table to know. We are not responsible for what other guests at your table do with what they can see, or for disputes about who owes what.

4.5 Orders, prices and availability

Menu content, prices, availability and allergen information are supplied and controlled by the venue. We present them as supplied. We do not verify them. We do not personalise prices. Errors in menu data are the venue's to correct, and an order is subject to the venue's acceptance and to actual availability.

4.6 Payment

Payment happens with the venue, not with us. Selecting a payment method or a tip in the application tells staff how you intend to pay; it does not effect a payment, does not authorise a charge, and does not create a payment obligation to Splitbite. We never receive your card details. Any dispute about a charge, a tip, a bill split or a refund is between you and the venue.

4.7 Acceptable use by guests

Do not attempt to access another guest's data or another venue's data; do not interfere with a shared table you are not at; do not submit content that is unlawful, abusive, defamatory or infringing; do not attempt to manipulate the AI Features into producing harmful output or disclosing system instructions; and do not use automated means to submit events or orders.

4.8 What you type is retained and visible to the venue

Text you enter into the assistant, into special requests, or into item notes is stored and is visible to venue management. Do not enter information you would not want the venue to hold.

5. Authorised User terms

If you access the waiter or admin application, you do so under authority granted by your employer or the Customer, not by Splitbite. Your access code or credentials are personal to you and must not be shared. You may access guest records only where there is an operational reason to do so. Your employer determines what you may access and is responsible for its own policies on monitoring, performance measurement and employment matters. Splitbite provides the tooling; the employment relationship is not ours.

Notification response times and authentication events are recorded and are visible to venue management. Your employer is responsible for telling you this and for any consultation required by law.

6. Allergens, dietary requirements and food safety

This section is the most important in these Terms. Read it.

The Platform is not a food safety system and must not be relied on as one.

• Allergen and ingredient information shown in the application is supplied by the venue. Splitbite does not verify it, cannot verify it, and has no visibility of the venue's kitchen, its suppliers, its substitutions or its cross-contamination risks.
• The dietary filtering and allergen warning features operate by matching keywords in text you type against allergen labels the venue has entered. This method is inherently imperfect. It can miss an allergen. It can misinterpret a phrase. It can fail where the venue's labelling is incomplete, out of date, or wrong. It does not account for preparation, shared equipment, airborne particles or last-minute recipe changes.
• Outputs of the AI Features, including dish recommendations and explanations, are generated automatically and may be inaccurate.

If you have a food allergy, intolerance or medical dietary requirement, you must tell a member of venue staff directly, in person, before ordering, and satisfy yourself with their answer. Do not rely on this application.

The venue remains solely responsible for compliance with food information and allergen law, including Regulation (EU) 1169/2011 and its national implementation, and for the accuracy of what it tells guests. Selecting a dietary preference in the application does not discharge the venue's duties and does not transfer any duty to Splitbite.

To the maximum extent permitted by law, Splitbite accepts no liability for any allergic reaction, intolerance response, illness, injury or loss arising from reliance on dietary, allergen or ingredient information presented through the Platform. Nothing in this section excludes liability for death or personal injury caused by our own negligence, or any other liability that cannot lawfully be excluded.

7. AI Features: capabilities and limits

The Platform uses artificial intelligence. We tell you what that means in practice.

• You are told when it is AI. Interactions with the assistant are identified as automated. Synthetic speech is identified as synthetic. Generated or materially altered imagery is marked as such in a Customer's asset library.
• It can be wrong. Language models produce plausible text that may be factually incorrect. Recommendations, descriptions, pairings and explanations may misstate ingredients, provenance, preparation or suitability.
• It is not deterministic. The same question may produce different answers.
• It does not replace staff. Any question that matters — allergens, provenance, preparation, price — should be put to a person.
• Personalisation changes presentation, not price. The order in which dishes appear is personalised. Prices are the venue's and are the same for every guest.
• Suggestions are commercial. The suggestion engine is designed in part to increase order value. Prompts you see are influenced by what the venue earns on an item as well as by what we infer you would like. We tell you this rather than presenting commercial suggestion as neutral recommendation.
• You can switch it off. Personalisation can be disabled, returning the menu to its default order.

We do not warrant that AI output will be accurate, complete, current, suitable for any purpose, or free from bias. Customers must not present AI output to their guests as verified fact, and must not use it as the sole basis for a decision affecting an individual's health, safety, employment or legal position.

8. Automated decisions affecting individuals

The guest-facing Platform does not make decisions that determine access to a service, price, creditworthiness or any legal entitlement. Where any feature produces an output about an individual — including workforce features such as fatigue indicators or performance rankings — that output is advisory. It must not be used as the sole basis for a disciplinary, scheduling-detriment or termination decision. A Customer that acts on such an output does so as controller of that decision and is responsible for applying human judgement and for compliance with Article 22 GDPR and applicable employment law.

Any individual affected by an automated output may request human review by writing to privacy@splitbite.ai.

9. Availability and support

9.1 Target availability

We target 99.9% monthly availability of the guest and waiter applications, measured excluding scheduled maintenance and excluding failures attributable to a Customer's own network, devices, or Connected Systems.

9.2 Maintenance

Scheduled maintenance is notified at least 48 hours in advance and, wherever possible, performed outside typical service hours in the Customer's local time zone. Emergency maintenance to address a security or integrity risk may be performed without notice, with notification as soon as practicable afterwards.

9.3 Support

Support is available at support@splitbite.ai. Target initial response times are: two hours for a total service outage, one working day for degraded function, and three working days for all other requests, during our published support hours. Response targets are commitments of effort, not guarantees of resolution time.

9.4 Service credits

Where monthly availability falls below 99.0% in a calendar month, a Customer may claim a service credit of 10% of that month's fee, rising to 25% below 95.0%. Claims must be made within 30 days of the month end. Service credits are the sole and exclusive remedy for failure to meet an availability target.

9.5 Degradation, not failure

The guest application is designed to degrade rather than fail: where AI Features or connectivity are unavailable the menu remains browsable and orders can still be placed. Loss of an AI Feature is not a service outage.

10. Customer accounts and Authorised Users

A Customer is responsible for: the accuracy of its registration and billing details; nominating and deprovisioning Authorised Users; the acts and omissions of its Authorised Users as if they were its own; keeping access codes and credentials confidential; and notifying us promptly at security@splitbite.ai of any suspected compromise.

A Customer must not permit access by anyone who is not an Authorised User, must not use the Platform to provide a service to any business other than its own venues covered by its Order Form, and must ensure that staff access to guest records is limited to those with an operational need.

11. Fees, billing and taxes

11.1 Fees

Fees are those stated in the Order Form or, absent an Order Form, our published pricing. Fees exclude value added tax and any other applicable transaction taxes, which are added at the prevailing rate.

11.2 Billing

Subscription fees are invoiced in advance, monthly unless an annual term is agreed. Usage-based charges, where applicable, are invoiced in arrears. Invoices are payable within 14 days of issue.

11.3 Late payment

Overdue sums bear interest at the statutory rate applicable under Romanian law for commercial transactions, or 1.5% per month, whichever is lower, accruing daily from the due date. We may suspend access after 14 days' written notice of non-payment. Suspension does not relieve the Customer of accrued fees.

11.4 Price changes

We may change pricing with 30 days' written notice, effective from the next renewal. A Customer that does not accept a price change may terminate with effect from the date the change would take effect, without penalty, by giving notice before that date.

11.5 Refunds

Fees are non-refundable except: where required by mandatory law; where a service credit is due under section 9.4; or where we terminate without cause under section 26.4, in which case pre-paid fees for the unused remainder of the term are refunded pro rata.

11.6 Taxes and withholding

The Customer is responsible for all taxes other than our own income taxes. Payments must be made without set-off or deduction, save any withholding required by law, in which case the Customer will gross up so that we receive the amount we would have received absent the withholding.

12. Data: ownership and licences

This section allocates rights in data. Read it together with the Privacy Policy, which governs personal data specifically and prevails over this section in any conflict concerning personal data.

12.1 Customer Data

The Customer owns its Customer Data. The Customer grants Splitbite a worldwide, non-exclusive, royalty-free, sublicensable licence, for the term and for so long afterwards as is necessary for the purposes below, to host, copy, transmit, display, process and adapt Customer Data in order to:

• operate, maintain and support the Platform and provide the contracted services;
• produce analytics and insights for that Customer;
• secure the Platform and investigate misuse;
• improve the Platform, including by training, tuning and evaluating models; and
• produce Derived Data, subject to section 12.4.

12.2 Guest Data

Guest Data is governed by the Privacy Policy. Splitbite processes Guest Data both as processor on a Customer's instruction and, for platform improvement, model development and Derived Data, as controller in its own right. The Customer acknowledges that dual role and does not acquire ownership of Guest Data by virtue of a guest visiting its venue. A guest's rights in their own personal data are unaffected by any allocation in this section.

12.3 Derived Data

Splitbite owns all Derived Data, including aggregates, benchmarks, indices, statistical models, inferred attributes, model weights and parameters, and reports. The Customer receives a licence to use Derived Data made available to it within the Platform for its own internal business purposes for the term, and may not resell or redistribute it.

12.4 Constraints we accept on Derived Data

Our ownership of Derived Data is subject to the following binding constraints:

• Special category data — dietary, allergen, health and religious-belief information — is excluded from all Derived Data disclosed outside Splitbite, in any form.
• Derived Data disclosed outside Splitbite contains no direct identifiers, no free-text guest content, no credentials, no profile photographs and no staff records.
• A Customer is not identified by name in any pooled benchmark disclosed to a third party without its written consent.
• Derived Data containing personal or pseudonymised data is disclosed to a third party only with the relevant data subject's specific consent, as set out in the Privacy Policy.
• Anonymisation is applied to a documented standard including minimum cohort thresholds and outlier suppression before any pooled product leaves our control.

12.5 Commercial exploitation

Subject to section 12.4, Splitbite may use, licence, sell and distribute Derived Data and data products without further notice, consent or compensation to the Customer. The Customer acknowledges that this is a material part of the commercial bargain and is reflected in the fees.

12.6 Model improvements

Improvements to our models, algorithms and know-how arising from operating the Platform are owned by Splitbite, survive termination, and are not required to be unwound, reversed or deleted on termination.

12.7 Aggregated statistics

Nothing prevents Splitbite from publishing aggregate statistics about Platform usage, provided no individual and no Customer is identifiable without consent.

12.8 Feedback

Suggestions, feature requests and feedback you give us may be used freely, without obligation or compensation, and any intellectual property in them is assigned to Splitbite. This does not extend to your confidential business information.

12.9 Export

During the term and for 30 days after termination, a Customer may request an export of its Customer Data in a structured, machine-readable format. Requests are fulfilled within 14 days.

13. Data protection and the Data Processing Agreement

Where Splitbite processes personal data on a Customer's instruction, it does so as processor and the parties are bound by a Data Processing Agreement ("DPA") which is incorporated into these Terms by reference and which prevails over these Terms in respect of that processing. The DPA provides for:

• processing only on documented instructions and for the specified purposes;
• confidentiality undertakings from personnel with access;
• technical and organisational measures satisfying Article 32 GDPR;
• sub-processor engagement subject to notice and a right to object on reasonable data-protection grounds;
• assistance with data subject requests, impact assessments and regulator engagement;
• breach notification to the Customer without undue delay and within 48 hours of confirmation;
• audit and information rights, subject to reasonable notice, frequency limits and confidentiality;
• Standard Contractual Clauses where required for transfers outside the EEA; and
• deletion or return of personal data on termination, subject to legal retention requirements.

Where Splitbite and a Customer act as joint controllers, the allocation of responsibilities set out in section 21 of the Privacy Policy applies. A Customer requiring a countersigned DPA should contact legal@splitbite.ai.

13.1 Customer warranties on data

The Customer warrants that: it has a lawful basis for the processing it instructs; it has provided any notice required at the point of collection, including at or adjacent to the QR code, identifying both itself and Splitbite; it has obtained any consent its own use requires; it holds the rights necessary to authorise access to its Connected Systems; and it has met any employment-law or consultation requirement before enabling workforce measurement features.

14. Connected Systems

14.1 Authorisation

A Customer may instruct us to connect to its other software. In doing so it warrants that it is entitled to grant that access, that the credentials it supplies are its own or are lawfully delegated to it, and that the access does not breach its agreement with the relevant provider. Credentials are held encrypted in a managed secrets service and are used only to perform the functions the Customer has enabled.

14.2 No control over third parties

Connected Systems are outside our control. We are not responsible for their availability, for changes to their interfaces, for restrictions they impose, for the accuracy of data they return, or for any action they take in response to our access. Where access fails, dependent functions pause and the Customer is notified.

14.3 Revocation

A Customer may revoke a connection at any time from the admin application, with immediate effect on future access. Data already extracted remains subject to the retention periods in the Privacy Policy.

14.4 Public sources

During onboarding and for reputation monitoring we retrieve publicly accessible information about a venue. We do so in a manner intended to respect the terms and technical signals of the sources concerned. A Customer that instructs us to monitor a particular source confirms it is entitled to have that source monitored on its behalf.

15. Agents and automated actions

15.1 What Agents may do

Where enabled, Agents may read operational data and take actions in Connected Systems, which may include creating or amending marketing campaigns, adjusting listings or content, placing or amending orders with suppliers, updating operational parameters, and generating communications.

15.2 Customer control

The Customer determines, per action type, whether an Agent may act autonomously or must obtain human approval. An approval queue, a complete audit log of every attempted and completed action, an immediate stop control, and connection revocation are available at all times. Splitbite will not override a Customer's oversight configuration.

15.3 Allocation of responsibility

The Customer is responsible for the consequences of Agent actions, whether autonomous within the parameters it set or expressly approved by it. This includes financial commitments, contractual commitments to third parties, published content, communications sent to its guests, and regulatory consequences. By granting autonomous authority the Customer accepts that actions will occur without case-by-case review.

Splitbite remains responsible for the Agent performing in accordance with the configuration set by the Customer, and for defects in the Agent software itself. We are not responsible for a Customer's decision about what authority to grant.

15.4 Communications sent on a Customer's behalf

Where an Agent generates marketing or guest communications, the Customer is the sender for the purposes of the ePrivacy Directive and applicable marketing law, and is responsible for consent, suppression lists, unsubscribe handling and content compliance.

16. Acceptable use

You must not, and must not permit any person to:

• use the Platform for an unlawful purpose or in breach of any applicable law;
• access or attempt to access any account, venue, table or dataset you are not authorised to access;
• probe, scan or test the vulnerability of the Platform except under a written authorisation from us;
• circumvent or attempt to circumvent authentication, rate limiting or access controls;
• interfere with, disrupt, or impose a disproportionate load on the Platform;
• reverse engineer, decompile or disassemble any part of the Platform, or attempt to derive its source code, algorithms or model parameters, except to the extent that right cannot lawfully be excluded;
• use the Platform, or data obtained from it, to build or train a competing product or service;
• scrape, harvest or systematically extract data other than through interfaces we provide for that purpose;
• resell, sublicense, rent or otherwise make the Platform available to a third party except as expressly permitted;
• remove, obscure or alter any proprietary notice;
• submit malicious code, or use the Platform to distribute unsolicited communications;
• attempt to re-identify any individual from anonymised or aggregated data;
• use the Platform to profile individuals on the basis of a protected characteristic, or to discriminate unlawfully in service, pricing or employment;
• manipulate AI Features to produce unlawful, harmful or deceptive output, or to disclose system instructions; or
• misrepresent the nature or origin of AI-generated output to a guest as verified human-authored fact.

We may suspend access immediately, without prior notice, where we reasonably believe conduct threatens the security, integrity or lawful operation of the Platform or the safety of any person. We will notify and explain as soon as practicable.

17. Intellectual property

17.1 Ours

The Platform, including all software, interfaces, designs, algorithms, models, model parameters, Derived Data, documentation, and the Splitbite name, marks and visual identity, is owned by Splitbite SRL or its licensors. These Terms grant no ownership interest. All rights not expressly granted are reserved.

17.2 Licence to you

We grant a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform during the term, for a Customer's internal business purposes or a Guest's personal use, in accordance with these Terms.

17.3 Customer content

The Customer retains intellectual property in original content it supplies, including menu text, its own photographs and its brand assets, and grants us a licence to host, reproduce, adapt and display that content as required to operate the Platform and, in the case of brand assets, to identify the Customer as a customer subject to section 17.5.

17.4 Photography and generated imagery

Where Splitbite provides photography services, copyright in photographs taken by our personnel or contractors vests in Splitbite. The Customer receives a perpetual, worldwide, non-exclusive licence to use those photographs in the Platform and in its own marketing, surviving termination. We retain the right to use them in our own marketing and portfolio. Where imagery is generated or materially altered by AI processing, it is marked as such in the Customer's asset library and the Customer is responsible for any disclosure its own advertising rules require.

17.5 Use of a Customer's name and marks

We will not use a Customer's name, logo or marks in a public case study, on our website, or in a prospect-facing materials without that Customer's prior written consent, which may be withdrawn on 30 days' notice. Consent given for one use is not consent for another.

17.6 Third-party components

The Platform incorporates third-party and open-source components licensed under their own terms, which prevail over these Terms in respect of those components. A list is available on request.

18. Confidentiality

Each party will keep confidential the other's non-public information disclosed in connection with these Terms, use it only for the purposes of the agreement, protect it with no less than reasonable care, and limit access to those who need it and are bound by equivalent obligations. The obligation survives for five years after termination, and indefinitely for trade secrets.

It does not apply to information that is or becomes public through no breach, was independently developed without reference to the disclosure, was lawfully received from a third party without restriction, or must be disclosed by law or a competent authority, in which case the disclosing party is notified in advance where lawful and the disclosure is limited to what is required.

For clarity, and consistently with section 12, anonymised and aggregated Derived Data created by Splitbite is not the Customer's Confidential Information.

19. Security obligations of the Customer

The Customer will: keep credentials and access codes confidential and rotate them on staff departure; promptly deprovision Authorised Users who leave; use current, supported devices and browsers; not install the waiter application on devices accessible to guests or the public; notify us promptly of suspected compromise; and cooperate with our investigation of any security incident. The Customer acknowledges that numeric access codes for the waiter application are a convenience mechanism appropriate to a shared-device floor environment and are not a strong authentication control, and undertakes to manage them accordingly.

20. Compliance frameworks

We maintain an information security and privacy programme aligned with recognised frameworks. We state our position precisely because overstating it would be a misrepresentation:

• GDPR, Romanian Law 190/2018 and the ePrivacy Directive — directly applicable and complied with.
• EU AI Act (Regulation (EU) 2024/1689) — a compliance programme operates against the obligations applicable to our role, including system inventory, risk classification, data governance, transparency, human oversight, logging and post-market monitoring.
• SOC 2 Trust Services Criteria, ISO/IEC 27001:2022, ISO/IEC 27701, ISO/IEC 42001 and ISO 9001:2015 — our controls are designed and operated in alignment with these standards. We do not currently hold completed third-party attestations or accredited certifications against them. We will not represent otherwise, and any statement to the contrary from any source should not be relied upon.
• PCI DSS — out of scope; we do not store, process or transmit cardholder data.

Customers with procurement requirements may request our control documentation, completed security questionnaires, penetration test summaries and certification roadmap from legal@splitbite.ai. Full detail is in the Privacy Policy, section 16.

21. Accessibility

We design the guest and staff applications to be operable with assistive technology and target conformance with the Web Content Accessibility Guidelines version 2.2 at level AA. Full conformance requires manual testing with assistive technologies and expert review, and we do not claim a completed audit. Accessibility barriers may be reported to support@splitbite.ai and will be triaged as defects. Where a guest cannot use the application, the venue must provide an equivalent conventional means of viewing the menu and ordering.

22. Warranties

22.1 Mutual

Each party warrants that it has the authority to enter into these Terms and that performance will not breach any other agreement binding on it.

22.2 By Splitbite

We warrant that: the Platform will perform materially in accordance with its documentation; we will provide the services with reasonable skill and care; we will apply the security measures described in the Privacy Policy; we will comply with applicable data protection law in our processing; and we will not knowingly introduce malicious code.

22.3 By the Customer

The Customer warrants that: its Customer Data is accurate, and in particular that its allergen, ingredient, price and availability information is accurate and kept current; it holds all rights and consents necessary for the processing it instructs; its use will comply with applicable law including food information, consumer protection, employment and data protection law; and it is not established in, or subject to sanctions that would prohibit, our provision of the services.

22.4 Disclaimer

EXCEPT AS EXPRESSLY STATED IN SECTION 22.2, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" AND SPLITBITE DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE, OR THAT ANY PARTICULAR COMMERCIAL RESULT — INCLUDING ANY INCREASE IN ORDER VALUE, CONVERSION, REVENUE OR EFFICIENCY — WILL BE ACHIEVED. ANY FIGURES PRESENTED IN OUR MARKETING ARE ILLUSTRATIVE OF OBSERVED OUTCOMES AT PARTICULAR VENUES AND ARE NOT A WARRANTY, PROJECTION OR GUARANTEE OF YOUR RESULTS.

Nothing in this section limits the statutory rights of a consumer that cannot lawfully be excluded.

23. Limitation of liability

23.1 Liability that is never excluded

Nothing in these Terms excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; wilful misconduct; a party's breach of its confidentiality obligations; a Customer's liability to pay fees; infringement of the other party's intellectual property; or any liability that cannot lawfully be excluded or limited, including administrative fines properly imposed on a party for its own infringement.

23.2 Excluded losses

SUBJECT TO SECTION 23.1, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS, OR FOR LOSS OF PROFIT, REVENUE, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, GOODWILL, REPUTATION, OR DATA, OR FOR BUSINESS INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES, IN EACH CASE WHETHER OR NOT FORESEEABLE AND WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STATUTE OR OTHERWISE.

23.3 Cap

SUBJECT TO SECTION 23.1, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS IN ANY 12-MONTH PERIOD IS LIMITED TO THE GREATER OF (a) THE FEES PAID OR PAYABLE BY THE CUSTOMER TO SPLITBITE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, AND (b) €10,000.

For claims relating to a personal data breach caused by our breach of the DPA, the cap in this section is increased to the greater of (a) twice the fees paid or payable in the preceding 12 months, and (b) €50,000.

23.4 Guests

Where you are a Guest using the Platform without charge, and subject to section 23.1, our total aggregate liability to you is limited to €500. This reflects that we provide the guest interface at no cost to you and that your contract for food and drink is with the venue.

23.5 Allocation of risk

The parties acknowledge that the limitations in this section are a reasonable allocation of risk, that the fees have been set on that basis, and that each party has had the opportunity to insure against the risks it bears. Each limitation is severable and survives even if another is held unenforceable.

24. Indemnities

24.1 By the Customer

The Customer will indemnify Splitbite against all liabilities, losses, damages, costs and reasonable legal fees arising from a third-party claim to the extent it arises from: the Customer's breach of these Terms or of applicable law; the accuracy or completeness of the Customer's allergen, ingredient, price or availability information; the supply, preparation, description or safety of food and drink at the Customer's venue; the Customer's use of, or grant of authority in respect of, Connected Systems; actions of Agents within parameters the Customer configured or approved; the Customer's employment practices, including use of workforce measurement features; the Customer's failure to provide a required privacy notice at the point of collection; or a claim that the Customer's own content infringes a third party's rights.

24.2 By Splitbite

We will indemnify the Customer against all liabilities, losses, damages, costs and reasonable legal fees arising from a third-party claim that the Platform, excluding Customer Data, Customer content and Connected Systems, infringes that third party's intellectual property rights. We may, at our option, procure the right to continue use, modify the Platform to make it non-infringing, or terminate the affected functionality and refund pre-paid fees for it pro rata. This indemnity does not apply where the claim arises from use in breach of these Terms, from modification by anyone other than us, or from combination with anything not supplied by us.

24.3 Conditions

An indemnity applies only where the indemnified party promptly notifies the claim, does not admit liability or settle without consent, gives the indemnifying party sole control of the defence and settlement, and provides reasonable cooperation at the indemnifying party's expense. No settlement may impose a non-monetary obligation on the indemnified party without its consent.

25. Insurance

Each party will maintain insurance appropriate to its obligations, and Splitbite will maintain professional indemnity and cyber liability cover at commercially reasonable levels for a business of its size and activity. Evidence of cover is available to a Customer on reasonable request.

26. Term, suspension and termination

26.1 Term

These Terms take effect when you first access the Platform and continue until terminated. A Customer's subscription runs for the term in its Order Form and renews automatically for successive periods of the same length unless either party gives notice not to renew at least 30 days before the end of the current period.

26.2 Termination by the Customer

A Customer may terminate for convenience with effect from the end of the current subscription period, or immediately on written notice if Splitbite commits a material breach and fails to remedy it within 30 days of notice.

26.3 Termination or suspension by Splitbite

We may suspend or terminate on written notice where the Customer: commits a material breach and fails to remedy it within 30 days of notice; fails to pay an undisputed invoice within 30 days of its due date; becomes subject to insolvency, administration, liquidation or an analogous process; or uses the Platform in a way that we reasonably believe exposes us, a guest or a third party to legal liability or safety risk. We may suspend immediately, without notice, in the circumstances described in section 16.

26.4 Termination for convenience by Splitbite

We may terminate for convenience on 90 days' written notice, refunding pre-paid fees for the unused remainder of the term pro rata.

26.5 Guests

A Guest may stop using the Platform at any time and may request closure of their account and deletion of their data by contacting privacy@splitbite.ai. We may suspend a Guest's access for breach of section 4.7 or 16.

26.6 Consequences

• Access to the Platform ceases, save for a 30-day window during which a Customer may request data export under section 12.9.
• Accrued fees remain payable.
• Connected System credentials are deleted within 30 days.
• Personal data is deleted or returned in accordance with the DPA and the retention schedule in the Privacy Policy.
• Splitbite retains Derived Data, anonymised aggregates and model improvements, which are not reversed or deleted.

26.7 Survival

The following survive termination: sections 2, 3, 6, 12, 13, 17, 18, 22.4, 23, 24, 26.6, 26.7, 28, 30, 31, 32 and 33, together with any other provision that by its nature should survive.

27. Force majeure

Neither party is liable for failure or delay in performance, other than an obligation to pay, caused by an event beyond its reasonable control, including natural disaster, epidemic, war, terrorism, civil disorder, governmental action, industrial action not involving its own workforce, failure of a utility or telecommunications provider, failure of a cloud infrastructure provider, or a large-scale internet disruption. The affected party will notify the other promptly, use reasonable efforts to mitigate, and resume performance as soon as practicable. If the event continues for more than 30 consecutive days, either party may terminate on written notice without liability, and pre-paid fees for the unperformed period are refunded.

28. Changes to these Terms

We may amend these Terms. For a material change affecting a Customer we give at least 30 days' written notice before it takes effect, and a Customer that does not accept the change may terminate with effect from the date the change would take effect, without penalty, by giving notice before that date. For Guests, changes take effect on posting, and continued use after the effective date constitutes acceptance. We keep prior versions and will supply any earlier version on request. The version number and effective date at the top of this page always reflect the current text.

Changes required to comply with law or to address a security risk may take effect immediately, with notice as soon as practicable.

29. Beta and preview features

We may make features available marked as beta, preview, trial or experimental. These are provided as is, without warranty or availability commitment, are excluded from the service levels in section 9 and from the warranty in section 22.2, may be changed or withdrawn at any time, and should not be relied on in production. Our liability in respect of them is limited to the amount in section 23.1 exceptions only.

30. Governing law and disputes

30.1 Governing law

These Terms and any dispute arising out of or in connection with them, including non-contractual disputes, are governed by the laws of Romania, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

30.2 Escalation

Before commencing proceedings, the parties will attempt in good faith to resolve a dispute through discussion between senior representatives for 30 days from written notice of the dispute. This does not prevent either party seeking urgent injunctive or interim relief at any time.

30.3 Jurisdiction

The courts of Bucharest, Romania have exclusive jurisdiction, save that either party may seek interim or protective relief in any competent court.

30.4 Consumers

If you are a consumer resident in the European Union, nothing in this section deprives you of the protection of mandatory consumer law in your country of residence, including the right to bring proceedings in the courts of that country. You may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

31. Notices

Notices to Splitbite must be in writing to legal@splitbite.ai, and for data protection matters to privacy@splitbite.ai. Notices to a Customer are sent to the email address on its account or in its Order Form. Notices to a Guest are sent to the email address on the account or displayed in the application. A notice sent by email is deemed received on the next working day after sending, absent a delivery failure.

32. General

32.1 Entire agreement

These Terms, the Privacy Policy, any applicable DPA and any Order Form constitute the entire agreement and supersede all prior discussions, representations and understandings. Neither party has relied on any statement not set out in those documents, save that nothing excludes liability for fraudulent misrepresentation.

32.2 Order of precedence

In the event of conflict, the order of precedence is: (1) a signed master services agreement or Order Form; (2) the DPA, in respect of personal data processing; (3) the Privacy Policy, in respect of personal data; (4) these Terms.

32.3 Severability

If a provision is held invalid or unenforceable, it is modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remainder continues in full force.

32.4 No waiver

A failure or delay in exercising a right is not a waiver of it, and a waiver of one breach is not a waiver of another.

32.5 Assignment

You may not assign, novate or otherwise transfer these Terms without our prior written consent. We may assign or novate to an affiliate, or in connection with a merger, acquisition, reorganisation or sale of substantially all of our assets, on notice.

32.6 Subcontracting

We may subcontract performance, and remain responsible for our subcontractors' performance of our obligations.

32.7 No partnership

Nothing creates a partnership, joint venture, agency, franchise or employment relationship between the parties.

32.8 Third-party rights

These Terms do not confer rights on any person who is not a party, save that an affiliate of Splitbite may enforce a provision expressly benefiting it.

32.9 Language

The English version of these Terms is the operative version. Any translation is provided for convenience and the English text prevails in the event of discrepancy, save where mandatory consumer law requires otherwise.

32.10 Interpretation

Headings are for convenience only. "Including" and "in particular" are not words of limitation. References to legislation include that legislation as amended or replaced.

32.11 Counterparts and electronic acceptance

Electronic acceptance, including by using the Platform or by clicking to accept, has the same effect as a handwritten signature.

33. Contact

Splitbite SRL
Bucharest, Romania

Legal and contractual	legal@splitbite.ai
Data protection and rights requests	privacy@splitbite.ai
Security and vulnerability reports	security@splitbite.ai
Technical support	support@splitbite.ai
General enquiries	info@splitbite.ai

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