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Innowi User Terms of Service

1. Introduction.

Innowi provides technology and software development services to restaurants (the “Merchant” or “Merchants”) which enable their customers (“Customers”) to place orders for products and services through cashier-free solutions including Innowi’s self-service kiosk, Quick Response (QR) scan-and-pay system, mobile applications, and online solutions including website and mobile application-based ordering (the “Services”).

These terms of service (“Terms”) are a legal agreement between Innowi, Inc. (“Innowi”, “we”, “us”, or “our”) and you (“you” or “your”), as a Customer of a Merchant to which Innowi provides the Services. The Terms cover your access to and use of our Services, our website, including https://www.innowi.com, any website or mobile application developed or maintained by Innowi on behalf of a Merchant (“Website” and “Mobile Application”), and any other software or hardware-based product or service made available by Innowi in connection with the Services.

Through your access and use of our Services, you agree to these Terms, any terms, policies, guidelines, or rules referenced in any of our Services, which are hereby expressly incorporated in these Terms. You also acknowledge that you have read our Privacy Statement.

These terms include an agreement to resolve disputes by arbitration, which means that you and Innowi waive the right to a trial by jury and agree to resolve all disputes through binding arbitration on an individual basis.

2. Eligibility for Access to our Services.

You must be at least eighteen (18) years of age, a resident of the United States, and legally capable of entering contracts. At present, we do not offer our services beyond the United States.

3. Your Representations and Warranties to Innowi.

• You will not use the Services in any way that violates any applicable law, rule, regulation, these terms, or any other policy or guideline.
• These Services may only be used to purchase a legitimate and bona fide product or service from a Merchant. You shall not use the Services to transfer money or conduct a transaction that is unrelated to the purchase of a product or service from a Merchant.
• You will not use the Services in any manner that violates or infringes upon the intellectual property or proprietary rights of a Merchant or other third party.
• You will not upload, post or otherwise transmit through the Services any content that contains any malware, viruses, trojan horses, logic bombs, or any other harmful programs or elements.
• You will not provide false information about yourself to us, impersonate any other person, collect information about other users, or otherwise attempt to mislead others about your identity or the truthfulness or accuracy of the data you transmit through the Services.
• You will not damage, disable, disrupt, overburden, interfere with, or attempt to gain unauthorized access to any portion of our Services, computer systems, servers or networks. You will not interfere with any other person’s use and enjoyment of the Services.

4. Your User Account.

Whilst using our Services, you may be required to provide your personal information to set up your account (the “Account”). To understand how we use your personal information, please read our Privacy Statement.
You agree that any information you provide will be accurate, truthful, and correct. You agree not to misrepresent your identity or use another person’s information to set up your user account. If there are any changes, modifications, or updates to your information, you agree to provide us prompt notice of such changes.
Innowi may, in its sole discretion, refuse to set up your Account. Innowi has the authority to suspend or terminate your account without providing any prior notice to you if such action is necessary to comply with any applicable law, regulation, or rule.

5. Protecting your Account.

Only you have the right to access and use your account. You are responsible for ensuring that your login information and payment information remain confidential at all times. Innowi will assume that if your login or payment information are used to access the Services, the user has the legal authority to use such login or payment information. If you become aware of unauthorized use of your login or payment information, you agree to notify Innowi immediately by email at info@innowi.com. You remain liable for any activity on your account until such time as Innowi has been notified and has had reasonable time and opportunity to take appropriate action.

6. Payment Information.

You agree that you will provide accurate, truthful, and correct payment information and a valid payment method that can be used to pay for goods and services purchased through our Services (“Payment Method”). You agree not to use any other person’s payment information or any payment method that you are not legally authorized to use. You authorize Innowi to confirm your Payment Method is in good standing with the issuing financial institution. In order to do so, Innowi may obtain an authorization to charge your Payment Method with a test payment transaction. If you choose to store Payment Method information with Innowi via any of the Services for your convenience and use in future transactions, you agree that Innowi may receive up-to-date information on your Payment Method information (such as card number or expiration date) through services available from the card networks and may update your Payment Method credentials stored with Innowi (if you choose to store your Payment Method credentials) from time to time.

6. Payment Information.

You agree that you will provide accurate, truthful, and correct payment information and a valid payment method that can be used to pay for goods and services purchased through our Services (“Payment Method”). You agree not to use any other person’s payment information or any payment method that you are not legally authorized to use. You authorize Innowi to confirm your Payment Method is in good standing with the issuing financial institution. In order to do so, Innowi may obtain an authorization to charge your Payment Method with a test payment transaction. If you choose to store Payment Method information with Innowi via any of the Services for your convenience and use in future transactions, you agree that Innowi may receive up-to-date information on your Payment Method information (such as card number or expiration date) through services available from the card networks and may update your Payment Method credentials stored with Innowi (if you choose to store your Payment Method credentials) from time to time.

7. Purchases.

When you make a purchase, you authorize the Merchant to submit the charge of the purchase amount (including any gratuities, fees, and taxes) or any chargebacks, reversals, refunds, or adjustments to our payments provider (“Payment Transaction”), namely North American Bancard (the “Payments Provider”). Innowi’s Services will enable the Merchant to submit the Payment Transaction to the Payments Provider. Upon the Payments Provider receiving the proceeds of the transaction, your payment obligation to the Merchant will be deemed completed (except in the case of a later chargeback or reversal). You agree that Innowi, on behalf of the Merchant, may resubmit a Payment Transaction for processing to a payment network in the event a prior Payment Transaction failed, was declined, or returned.

We may establish limitations concerning use of the Services, including without limitation individual or aggregate transaction limits on the dollar amount or number of Payment Transactions you may make within certain time periods. We may decline to process any Payment Transaction without any notice to you. We may delay processing of or hold or cancel processing of any Payment Transaction upon the direction of the Merchant or if we believe, in our sole discretion, that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates applicable law and rules, these Terms, or any other policies.

You agree that Innowi shall not have any liability to you arising directly or indirectly from or otherwise concerning: (a) any termination, suspension, delay or disruption of the Service (including billing for the Service) by the Internet, any common carrier or any third party service provider; (b) any failure, disruption or malfunction of the Service, the Internet, or any communications network, facility or equipment beyond Innowi’s or a third party’s reasonable control; (c) your failed attempts to access the Service or to complete transactions via the Service; or (d) any failure to transmit, obtain or collect data or for human, machine or software errors or faulty or erroneous input by you.

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