1.About these terms
These terms are an agreement between you and NEAPES LLC (“NEAPES”, “we”), based in Mayfield Heights, OH, USA. They cover www.neapes.com and the NEAPES services: point of sale, online ordering websites, ScomsEats, loyalty and gift cards, email and SMS marketing, eCommerce and HR software (together, the “Services”).
By creating an account, signing an order form or using the Services, you accept these terms on behalf of yourself and the business you represent, and you confirm you are authorized to do so. If you and NEAPES sign a separate agreement or order form, it takes priority where it differs from these terms.
2.Accounts
- You must be at least 18 and give accurate, current business and contact details.
- Keep sign-in details secret. You are responsible for what happens under your account, including your staff's use.
- Tell us straight away at info@neapes.com if you think your account has been used without permission.
3.Plans, fees and payment
- Fees are shown on our pricing page or in your order form. They may include a monthly plan fee and a platform fee on each online order.
- Plan fees are billed in advance each month. Fees do not include taxes, which you pay where they apply.
- If a payment fails, we will tell you. If it is still unpaid 14 days later, we may pause the Services until it is paid.
- We will give at least 30 days' notice before changing your fees.
- Card payments your customers make go to your own payment provider account. That provider's terms apply to those payments and payouts.
4.Cancelling
You can cancel at any time. Cancellation takes effect at the end of the billing period you have paid for, and paid fees are not refunded for part of a period unless the law requires it. You can export your data for 30 days after cancelling; after that we delete it as described in our Privacy Policy.
5.Your business and your customers
When you sell through the Services, you are the seller, not NEAPES. You are responsible for:
- your menu, products, prices, taxes, opening hours and promotions being accurate;
- food safety and allergen information, age checks on restricted items, and the goods you supply;
- fulfilling orders, bookings and gift cards, and your refund and cancellation policy;
- meeting the laws that apply to your business, including consumer, tax and accessibility laws.
6.Your data
You own the data you and your customers put into the Services. You let us host, copy, process and display it only to provide, secure and support the Services, as our Privacy Policy describes. We do not sell it.
You are responsible for having a lawful basis and any consents you need to collect your customers' data and to contact them. That includes the consents required for marketing texts and emails under laws such as the TCPA and CAN-SPAM Act in the United States.
7.Acceptable use
You must not use the Services to:
- break any law, or sell goods or services that are illegal where you trade;
- send spam, or message people who have not agreed to hear from you or who have opted out;
- upload malware, or probe, overload or try to break into the Services or other customers' data;
- copy, resell or reverse-engineer the Services, except where the law allows it;
- infringe anyone's intellectual property, privacy or other rights.
8.Other companies' services
The Services connect to services we don't control, such as payment processors, delivery partners, maps, app stores and email and SMS networks. Their own terms apply to them, and we are not responsible for their availability or actions.
9.Availability and changes
We work to keep the Services available and secure, and we schedule maintenance for quiet hours where we can. We may improve or change features. If we remove a feature you rely on, we will give reasonable notice. Uptime commitments, if any, are set in your order form.
10.Intellectual property
NEAPES and its licensors own the Services, the software and the NEAPES and ScomsEats names and logos. While your account is active, we give you a limited, non-exclusive, non-transferable right to use the Services for your business. If you send us suggestions, we may use them without owing you anything.
11.Disclaimer
Except as written in these terms, the Services are provided “as is” and “as available”. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the Services will be uninterrupted or error-free.
12.Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. NEAPES's total liability for any claim is limited to the fees you paid us in the 12 months before the claim. These limits do not apply where the law does not allow them.
13.Indemnity
You will defend and compensate NEAPES for claims by third parties that arise from the goods or services you sell, from your content, or from your breach of these terms or the law.
14.Suspension and termination
We may suspend or close an account that breaks these terms, puts other customers or the Services at risk, or is unpaid. Unless it is urgent or the law prevents it, we will tell you first and give you a chance to fix the problem.
15.Governing law
These terms are governed by the laws of the State of Ohio and the United States. Any dispute will be heard in the state or federal courts in Cuyahoga County, Ohio, and both parties agree to those courts' jurisdiction.
16.Changes to these terms
We may update these terms and will post the new version here with a new date. If a change materially affects you, we will tell account holders at least 30 days before it takes effect. Continuing to use the Services after that means you accept the change.
17.Contact us
NEAPES LLC, Mayfield Heights, OH, USA
Email: info@neapes.com
Phone: (216) 270-3052