TERMS OF USE

Simple Host Restaurant Management System

Effective Date: January 27, 2025 Last Updated: January 27, 2025

1. ACCEPTANCE OF TERMS

These Terms of Use ("Terms") govern your access to and use of the Simple Host application, website, and services (collectively, the "Service") provided by Simple Host App ("Company"), a South Carolina company. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. DESCRIPTION OF SERVICE

Simple Host is a comprehensive restaurant management platform providing:

Table management
Reservation management (including online reservations)
Waitlist management (including online waitlist)
SMS guest messaging with monthly rollover
Email guest notifications
Digital guestbook functionality
Statistics dashboard
Unlimited connected devices
Unlimited parties/events
Multi-device synchronization

3. ACCOUNT REGISTRATION

3.1 Eligibility: You must be at least 18 years old and capable of forming a binding contract to use the Service.

3.2 Account Information: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.3 Account Security: You are responsible for safeguarding your password and for all activities that occur under your account. Notify us immediately of any unauthorized use.

3.4 Restaurant Accounts: Each restaurant location requires its own account and subscription.

4. SUBSCRIPTION AND PAYMENT

4.1 Subscription Plans: The Service is offered on a subscription basis with the following tiers:

Tier 1 - $49.99 USD/month

250 Monthly Rollover SMS Messages
All core features included

Tier 2 - $69.99 USD/month

500 Monthly Rollover SMS Messages
All core features included

Tier 3 - $99.99 USD/month

1,000 Monthly Rollover SMS Messages
All core features included

All tiers include: Table management, Reservation management, Waitlist management, Email Guest Notifications, Unlimited Support, Unlimited Parties, No Contracts, Unlimited Connected Devices, Digital Guestbook, Statistics Dashboard, Online Reservations, and Online Waitlist.

4.2 Free Trial: New restaurants are eligible for a one-time 7-day free trial. Each restaurant location is limited to one trial period. Credit card information may be required.

4.3 Billing: Subscriptions are billed monthly in advance. All payments are processed through Stripe and RevenueCat.

4.4 Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.

4.5 SMS Rollover: Unused SMS messages roll over month to month while subscription remains active. Rollover balance is forfeited upon cancellation.

4.6 No Contracts: Month-to-month service with no long-term contracts. Cancel anytime.

4.7 Refunds: All payments are final and non-refundable. No refunds will be provided for partial months, unused time, unused SMS messages, or any other reason.

5. ACCEPTABLE USE

You agree NOT to:

Violate any applicable laws or regulations
Impersonate any person or entity
Interfere with or disrupt the Service
Attempt to gain unauthorized access to any portion of the Service
Use the Service to send spam or unsolicited messages to guests
Resell or redistribute the Service without written permission
Use automated systems or software to extract data from the Service
Upload malicious code or viruses
Share account credentials across multiple restaurant locations

6. GUEST DATA AND PRIVACY

6.1 Data Ownership: You retain all rights to your restaurant and guest data. We claim no ownership over your content.

6.2 Data Processing: By using the Service, you authorize us to process and store your data as necessary to provide the Service.

6.3 Data Loss: SIMPLE HOST APP IS NOT RESPONSIBLE FOR LOST CLOUD DATA. You are responsible for maintaining your own backups of critical information.

6.4 Guest Communications: You are responsible for obtaining necessary consent from guests before sending SMS or email messages through our platform.

6.5 Compliance: You agree to comply with all applicable privacy laws, including GDPR, CCPA, and CAN-SPAM Act where applicable.

7. SMS MESSAGING

7.1 Twilio Integration: SMS services are provided through Twilio. Standard carrier rates may apply to recipients.

7.2 Message Limits: Monthly SMS allotments are based on subscription tier. Unused messages roll over while subscription is active.

7.3 Message Content: You are solely responsible for the content of messages sent to guests.

7.4 Opt-Out: You must honor all guest requests to opt-out of messaging.

8. INTELLECTUAL PROPERTY

8.1 Our Property: The Service, including all software, design, text, images, and logos, is owned by Simple Host App and protected by intellectual property laws.

8.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to use the Service according to these Terms.

8.3 Feedback: Any feedback or suggestions you provide may be used by us without compensation to you.

9. THIRD-PARTY SERVICES

The Service integrates with third-party services including:

Cloud data storage and synchronization
Stripe - payment processing
RevenueCat - subscription management
Twilio - SMS messaging

Your use of these services is governed by their respective terms and privacy policies.

10. DISCLAIMERS AND LIMITATIONS

10.1 AS-IS BASIS: THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

10.2 NO GUARANTEE: We do not guarantee uninterrupted, secure, or error-free operation of the Service.

10.3 DATA LOSS: WE ARE NOT RESPONSIBLE FOR ANY DATA LOSS, INCLUDING BUT NOT LIMITED TO CLOUD DATA, LOCAL DATA, OR DATA LOST DUE TO SERVICE INTERRUPTIONS.

10.4 LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLE HOST APP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

10.5 MAXIMUM LIABILITY: OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Simple Host App, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.

12. TERMINATION

12.1 By You: You may cancel your subscription at any time through your account settings. No refunds will be provided for the remaining subscription period. SMS rollover balance is forfeited upon cancellation.

12.2 By Us: We may suspend or terminate your account for violation of these Terms or for any other reason with notice.

12.3 Effect: Upon termination, your right to use the Service ceases immediately. You may request export of your data within 30 days of termination.

13. MODIFICATIONS

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance.

14. GOVERNING LAW

These Terms are governed by the laws of South Carolina, without regard to conflict of law principles. Any disputes shall be resolved in the courts of South Carolina.

15. DISPUTE RESOLUTION

15.1 Arbitration: Any disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association.

15.2 Class Action Waiver: You waive any right to bring claims on a class or representative basis.

16. GENERAL PROVISIONS

16.1 Entire Agreement: These Terms constitute the entire agreement between you and Simple Host App.

16.2 Severability: If any provision is found invalid, the remaining provisions continue in full effect.

16.3 Waiver: No waiver of any term shall be deemed a further or continuing waiver.

16.4 Assignment: You may not assign these Terms without our written consent.

17. CONTACT INFORMATION

For questions about these Terms or unlimited support included with your subscription, contact us at:

Simple Host App
Email: Reservations@simplehostapp.com