Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Arrilan Automation and Tech Solutions ("Arrilan," "Tap & Serve," "we," "us," or "our"), a business registered in Barbados.

By signing up for, accessing, or using the Tap & Serve service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our service.

Business Contact Information:
Arrilan Automation and Tech Solutions
Serenity, St. James
Barbados
Email: contact@arrilan.com

2. Service Description

Tap & Serve is a restaurant automation system that provides:

• WhatsApp-based ordering system for restaurants
• Kitchen Display System (KDS) for order management
• Digital menu management and synchronization
• Customer communication automation
• Real-time order tracking and notifications
• Reporting and analytics dashboards

Our service is provided as Software-as-a-Service (SaaS) hosted on cloud infrastructure and accessed via web browsers and mobile devices.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and authorized to enter into binding contracts under the laws of Barbados to use our service. By registering, you represent and warrant that you meet these requirements.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

4. Pricing and Payment Terms

4.1 Subscription Plans

We offer the following monthly subscription plans (prices in Barbadian Dollars):

• Free Trial: BB$0/month - 100 orders per month
• Starter: BB$99/month - 500 orders per month
• Professional: BB$299/month - 1,500 orders per month
• Premium: BB$399/month - 2,000 orders per month

4.2 Overage Charges

If you exceed your plan's monthly order limit, you will be charged BB$0.25 per additional order. Overage charges will be billed in the following month's invoice.

4.3 Payment Methods

We accept payment by credit card and bank transfer. All fees are due and payable in advance on a monthly basis.

4.4 Billing Cycle

Your billing cycle begins on the date you subscribe to a paid plan. Subscription fees are billed monthly in advance on the same day each month.

4.5 Price Changes

We reserve the right to change our pricing with thirty (30) days' written notice to you via email. Price changes will take effect at the start of your next billing cycle after the notice period. You may cancel your subscription before the price change takes effect if you do not agree to the new pricing.

4.6 Taxes

All fees are exclusive of applicable taxes (including VAT, if applicable). You are responsible for paying all taxes associated with your subscription.

5. Free Trial Terms

5.1 Trial Period

The Free Trial plan allows you to process up to 100 orders per month at no charge. This plan is designed to let you evaluate our service before committing to a paid subscription.

5.2 Trial Limitations

The Free Trial includes all basic features but may have reduced priority for customer support and limited access to advanced features available in paid plans.

5.3 Transition to Paid Plan

You may upgrade to a paid plan at any time. If you exceed 100 orders during the Free Trial, you will be required to upgrade to a paid plan to continue using the service.

5.4 No Automatic Billing

The Free Trial does NOT automatically convert to a paid subscription. You must explicitly select and subscribe to a paid plan to continue using the service beyond the Free Trial limits.

6. Cancellation and Refunds

6.1 Your Right to Cancel

You may cancel your subscription at any time by:

• Emailing us at contact@arrilan.com
• Using the cancellation option in your account dashboard

Cancellation will take effect at the end of your current billing period. You will continue to have access to the service until that date.

6.2 Refund Policy

Under the Consumer Protection Act of Barbados, you are entitled to a refund in the following circumstances:

• Service Defects: If our service fails to perform as described and we are unable to remedy the issue within a reasonable time
• Billing Errors: If you were incorrectly charged due to our error
• Service Unavailability: Pro-rata refund for periods when the service was unavailable due to our fault (excluding scheduled maintenance)

To request a refund, contact us at contact@arrilan.com within 30 days of the charge with details of the issue.

6.3 No Refunds for Voluntary Cancellation

Subscription fees already paid for the current billing period are non-refundable if you voluntarily cancel your subscription, except in cases of service defects as described above.

6.4 Our Right to Suspend or Terminate

We may suspend or terminate your account if:

• You breach these Terms
• Your payment fails or your account is past due by more than 15 days
• You use the service for illegal or fraudulent purposes

We will provide you with reasonable notice (minimum 7 days) before termination unless immediate termination is necessary to protect our systems or other customers.

7. Service Level and Uptime

7.1 Service Availability

We strive to maintain 99% uptime for our service, excluding scheduled maintenance. "Uptime" means the service is accessible and operational.

7.2 Scheduled Maintenance

We will perform scheduled maintenance during off-peak hours and will provide at least 24 hours' notice via email when possible. Scheduled maintenance is not counted against our uptime commitment.

7.3 Service Disruptions

In the event of unscheduled service disruption:

• We will work diligently to restore service as quickly as possible
• You may be entitled to a pro-rata credit for extended outages exceeding 24 hours
• We are not liable for disruptions caused by third-party services (internet providers, WhatsApp, etc.)

7.4 Support Hours

Customer support is available via email at contact@arrilan.com during business hours: Monday to Friday, 9:00 AM to 5:00 PM Atlantic Standard Time (AST). Response times:

• Free Trial: Within 48 hours
• Starter: Within 24 hours
• Professional: Within 12 hours
• Premium: Within 4 hours (priority support)

8. Your Responsibilities

8.1 Acceptable Use

You agree to use the service only for lawful purposes and in compliance with these Terms. You will NOT:

• Use the service to transmit spam, malware, or harmful content
• Attempt to gain unauthorized access to our systems or other customers' accounts
• Reverse engineer, decompile, or attempt to extract our source code
• Use the service in violation of WhatsApp's Terms of Service or Business API policies
• Violate any applicable laws or regulations of Barbados or your jurisdiction

8.2 Data Accuracy

You are responsible for:

• Maintaining accurate menu information and pricing
• Ensuring customer contact information is collected lawfully
• Complying with food safety and business regulations
• Backing up any critical data you input into the system

8.3 WhatsApp Business Compliance

If you use our WhatsApp integration, you must comply with Meta's WhatsApp Business API policies and terms. You are responsible for obtaining proper consent from customers before sending them messages.

9. Intellectual Property

9.1 Our Intellectual Property

The Tap & Serve service, including all software, features, designs, trademarks, and content, is owned by Arrilan Automation and Tech Solutions and protected by copyright, trademark, and other intellectual property laws of Barbados and international treaties.

9.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the service for your internal business operations during the term of your subscription.

9.3 Your Content and Data

You retain all ownership rights to:

• Your restaurant's menu data
• Customer order information
• Business information and branding

By using our service, you grant us a limited license to host, store, and process your data solely for the purpose of providing the service to you.

9.4 Feedback

If you provide us with feedback, suggestions, or ideas about the service, you grant us the right to use that feedback without compensation or attribution.

10. Data Ownership and Portability

10.1 Your Data Rights

All data you input into our system (menus, orders, customer information) belongs to you. You have the right to:

• Access your data at any time
• Export your data in standard formats (CSV, JSON)
• Request deletion of your data upon account closure

10.2 Data Export

You may export your data at any time through your account dashboard. Upon cancellation, you have 30 days to export your data before it is permanently deleted.

10.3 Data Retention After Termination

After account termination, we will:

• Retain your data for 30 days to allow for export
• Permanently delete your data after 30 days, except where required by law to retain records (e.g., financial records for tax purposes)
• Anonymize any data used for analytics or service improvement

11. Limitation of Liability

11.1 What We Are Liable For

We do NOT limit or exclude our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under Barbados law

11.2 Service Interruptions

We provide the service on an "as available" basis. While we strive for continuous availability, we are not liable for:

• Temporary service disruptions due to maintenance
• Interruptions caused by third-party services (internet, WhatsApp API, cloud providers)
• Force majeure events (natural disasters, government actions, pandemics)

11.3 Limitation of Damages

To the extent permitted by law, our total liability for any claim arising from your use of the service is limited to the amount you paid us in the three (3) months immediately preceding the claim.

11.4 No Liability for Indirect Damages

To the extent permitted by law, we are not liable for:

• Loss of profits or revenue
• Loss of business opportunities
• Loss of data (if you failed to maintain backups)
• Consequential or indirect losses

Exception: This limitation does not apply to direct losses caused by our gross negligence or willful misconduct.

12. Indemnification

You agree to indemnify and hold harmless Arrilan Automation and Tech Solutions, its officers, employees, and contractors from any claims, damages, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you submit through the service (e.g., menu descriptions, images)
• Your restaurant operations or food safety practices

13. Changes to Terms

13.1 Notice of Changes

We may update these Terms from time to time. When we make material changes, we will notify you by:

• Emailing you at your registered email address
• Displaying a notice in your account dashboard
• Posting the updated Terms on our website with the "Last Updated" date

13.2 Effective Date of Changes

Changes will take effect thirty (30) days after we provide notice, unless the changes are required by law, in which case they may take effect immediately.

13.3 Your Right to Object

If you do not agree to the updated Terms, you may cancel your subscription before the changes take effect. Your continued use of the service after the effective date constitutes acceptance of the new Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Barbados, including:

• Consumer Protection Act, Cap. 326D
• Consumer Guarantees Act, Cap. 326E
• Data Protection Act, 2019

14.2 Jurisdiction

Any disputes arising from these Terms or your use of the service will be subject to the exclusive jurisdiction of the courts of Barbados.

14.3 Consumer Dispute Resolution

As a consumer in Barbados, you have the right to:

• File a complaint with the Fair Trading Commission of Barbados
• Contact the Office of Public Counsel for assistance
• Pursue claims through the Consumer Claims Tribunal

Fair Trading Commission Contact:
Email: [email protected]
Website: www.ftc.gov.bb

14.4 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us at contact@arrilan.com to attempt to resolve any disputes informally.

15. Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including:

• Natural disasters (hurricanes, earthquakes, floods)
• Government actions or regulations
• Internet or telecommunications failures
• Power outages
• Pandemics or public health emergencies
• Acts of terrorism or war

During force majeure events, we will make reasonable efforts to restore service and will provide updates on service status.

16. Third-Party Services

16.1 Integration with Third Parties

Our service integrates with third-party platforms including:

• WhatsApp Business API (Meta Platforms)
• Cloud hosting providers
• Payment processors

16.2 Third-Party Terms

Your use of these integrations is subject to the terms and policies of those third-party providers. We are not responsible for:

• Changes to third-party services or APIs
• Third-party service outages or failures
• Third-party data practices or privacy policies

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Arrilan Automation and Tech Solutions regarding the service and supersede any prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid under Barbados law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any successor or affiliate without restriction.

17.5 No Agency

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Arrilan Automation and Tech Solutions.

17.6 Language

These Terms are provided in English. In case of any translation, the English version shall prevail.

18. Contact Information

If you have questions about these Terms, please contact us:

Arrilan Automation and Tech Solutions
Serenity, St. James
Barbados
Email: contact@arrilan.com