These terms of use for technical services ("Terms") are concluded between you and the provider and govern your access to and use of the technical services. These terms are effective from the earlier date on which you click to accept, by using the technical services, or, where applicable, the date on which you sign a purchase order. These Terms are effective from the date you click to accept or, where applicable, the date you sign an actual or electronic document via Docusign.
1 – Definitions
The following terms have specific definitions:
"Provider", "us", "our", and "ours" refer to the entity listed below in section 10.
"Client" or "you" means the company agreeing to these terms, either by clicking to accept these conditions or by entering into a purchase order form for technical services.
"Technical Services" refers to the services and features provided by our proprietary restaurant delivery order management technology platform, known as Keytchens.
"Form" refers to a purchase order form for the use of Technical Services provided by us or our authorized representative. If used, a Purchase Order Form is deemed to incorporate and form part of these Conditions.
"Fees" refers to the service fees you must pay for
your use of the Technical Services, as indicated in a Purchase Order or otherwise (website or any other means) when you agreed to use the Technical Services.
"Third Party Providers" refers to third-party delivery service platforms, point-of-sale providers, online ordering platforms, and other third-party vendors or service providers that you may choose to use and that we have made available in the Technical Services.
"Your Data" refers to the information and data about
you, your business, your end customers, and your third-party vendors generated during your use
of the Technical Services, including information and data obtained or provided by your third-party vendors during your use of the technical services.
2 - Technical Services
We will provide the technical services, and you may use the technical services, in each case subject to these conditions. Your right to use the technical services is non-exclusive, personal to your business and its employees, and is neither assignable nor transferable. Your authorization to use the technical services depends on your continued compliance with these conditions.
You will need to create an account to use the technical services, and you are responsible for maintaining the confidentiality of your username and password. You may only access the Technical Services from a computer, tablet, phone, or any other device with a web browser, our website, or mobile application, unless otherwise authorized in writing by us. You may only use the technical services within your traditional restaurant space. The technical services can also be configured to print order details on a printer that we may provide. Unless otherwise agreed in writing by us, you agree that any equipment we provide to you as part of the technical services, if any, is leased to you, not sold, and you may only use the equipment in connection with the technical services. You are solely responsible for any damages, losses, repairs, replacements, and other costs if you do not return the equipment in its original condition, except for normal wear and tear.
We may from time to time modify or enhance the technical services or add new features, or we may suspend the technical services if reasonably necessary for an emergency situation or to prevent any damage, loss, or potential harm to us, the technical services, or other related systems. Such suspension will be to the minimum extent and for the shortest duration necessary to: (i) prevent or terminate the incriminated use, (ii) prevent or resolve the emergency, or (iii) comply with applicable law.
4 – Third-Party Providers
In order to provide you with the technical services, we must access your accounts with certain third-party providers. As such, you appoint us as your agent with authorization to access and use your accounts with third-party providers and your data for the purpose of providing you with the technical services, and you agree to provide your account login information for these purposes. You also authorize us to access and use the information about you or your relationship with third-party providers and authorize these third-party providers to disclose your data to us. You hereby grant us and our affiliates a non-exclusive and perpetual right to use your data and other information that you may enter, upload, or make available through the technical services to improve our affiliates' products and services and perform relevant analyses of industry trends during and after the term of these Conditions. We may also aggregate or de-identify your data to share relevant industry trends with third parties. We will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of personal data.
You agree that your use of third-party providers may be subject to additional terms presented by the third-party providers, including their Privacy Policy and terms of service. You agree that the services of third-party providers are provided by third parties, and as such, we have no responsibility for the third-party providers or the technology or services they provide (including services accessible through our technical services). We cannot guarantee that we will support integration with third-party providers or specific third-party providers in the future, and we may remove or modify an integration with a third-party provider at any time, with or without notice. You agree that we are not responsible for any costs, expenses, or losses resulting from your inability to use a particular third-party provider in connection with the technical services or otherwise.
5 – Fees and Payment
You agree to pay us the fees in accordance with these terms and any purchase order form, if applicable. Subject to your termination rights in section 5, we may modify the fees at any time with at least 30 days' notice in case of an increase. Unless otherwise indicated, all fees are payable to us in US dollars and are non-refundable. You agree to pay all taxes due for the technical services, except for taxes on our income. If your payment is late, we may:
Charge interest on the overdue amount at a rate of 1.5% per month (or the highest rate permitted by law, if lower) from the due date until full payment, and
Suspend or terminate the technical services. You agree that we may use a third-party provider to process the fees.
6 – Term and Termination
If you have entered into a purchase order form, your use of the technical services is authorized for the period specified in the purchase order form. If you have not entered into a purchase order or if the period specified in your purchase order expires, your use of the technical services is authorized on a continuing monthly basis.
If the term of your purchase order is within 30 days of expiration, or you are using the technical services on a monthly basis, and in both cases, you no longer wish to use the technical services, you may terminate the conditions for any reason or no reason by providing us with at least 1 year's notice by sending an email. After the 1-year notice period, you will no longer be authorized to use the technical services.
Either party may terminate these Conditions upon written notice to the other party in the event that the other party breaches these Conditions and fails to remedy such breach within 30 days, or 10 days for non-payment, of notice to the other party. We may terminate these Conditions immediately upon written notice to you (i) for your breach of Section 2(a)-(b) or (ii) to comply with a legal requirement or court order, in our reasonable discretion. You may terminate these Conditions upon written notice to us in the event that we modify the Conditions or Fees and you do not accept such modifications.
Outstanding payment obligations and the following Sections will survive termination of these Conditions: Sections 1, 3, and 5-10. Upon termination of these Conditions, you agree to promptly return any equipment in your possession or control. You agree that we may continue to charge you for the technical services until we receive your returned equipment.
7 – Warranties and Disclaimers
Each party represents and warrants that it: (i) has the full power and authority to enter into these Conditions, and (ii) will comply with all applicable laws in the provision or use of the Technical Services, as applicable. You further represent and warrant that (1) if you upload any content (including menu items or images) to the Technical Services, you have all necessary rights to use such content and do not infringe or misappropriate the intellectual property rights of any third party, (2) the person signing the Order Form or clicking to accept the Conditions has the right to bind the Client, (3) you will not violate any obligation to any third party by entering into and performing these Conditions (e.g., if you have chosen to use one or more third-party providers, you do not maintain an
exclusive contractual relationship with that third-party provider), (4) you have the right to use and authorize our use of your data and your authorized third-party provider accounts, including the right to designate us as your agent to access and use your accounts and data as described in these Conditions, and (5) where applicable (e.g., as required by the third-party provider), you have provided notices, obtained any consents, and satisfied any other requirements under applicable law and any third-party provider agreement, necessary for you and us to access and use your data as specified herein.
Your access to and use of the technical services may be interrupted from time to time for various reasons, including equipment malfunction, periodic updating, maintenance or repair of the technical services, other actions we may choose to take, or issues with third-party providers. You agree that we are not liable to you or any third party for any interruption, modification, suspension, or discontinuation of the technical services. We make no other commitments or warranties regarding our technical services or how they will perform for you other than as expressly stated in these Conditions, unless required by applicable law. We do not provide any implied warranties, such as implied warranties of non-infringement, merchantability, and fitness for a particular purpose, unless required by applicable law.
8 – Indemnity and Limitation of Liability
Unless prohibited by applicable law, you agree to indemnify us, as well as our affiliates (including their respective officers, directors, employees, and agents) and hold them harmless from any liability, damages, and costs (including attorney fees and final settlement amounts) from any claim or legal proceeding (including actions by government authorities) arising out of or related to: (i) your violation of these Conditions or any agreement with a third-party provider, (ii) Your data or the content you provide, (iii) illegal use of the Technical Services, or (iv) your gross negligence or willful misconduct.
You agree that our total liability arising out of or related to these Conditions and your use of the Technical Services, in aggregate, is limited to the lesser of the amount you paid to use the Technical Services in the 12 months preceding the event giving rise to the liability. You agree that we are not responsible for your loss of profits, revenue, business opportunities, goodwill, or anticipated savings, indirect or consequential losses, or punitive damages in connection with your use of the Technical Services or these Conditions. This limitation will not apply to liability due to our gross negligence, willful misconduct, or that cannot be limited or excluded by applicable law.
9 – Miscellaneous
We will send all required notices under these Conditions to the email address associated with your account. All notices must be sent to us at resto@keytchens.com. These Conditions, along with the purchase order form (if applicable) and our Privacy Policy, contain the entire understanding of the parties regarding your use of the technical services, and supersede all prior and contemporaneous agreements and understandings. If these Conditions conflict with any terms of the purchase order form, the purchase order form will prevail. We have the right to update or modify these Conditions by providing you with notice; your continued use will be subject to your acceptance of these changes. You have certain rights under applicable laws that cannot be limited by these Conditions or any contract; these Conditions will not restrict those rights. If you violate these Conditions and we take no immediate action in response to your violation, we do not waive any rights we may have, including the right to take action in the future. If any part of these Conditions is found to be invalid or unenforceable, the remainder of these Conditions will remain in effect. These Conditions are solely between you and us; these Conditions do not create any legal rights or obligations for any third party, even if others benefit from this relationship under these Conditions.10 – Contracting Entity, Notices, Applicable Law, and Venue
Depending on where you are domiciled, the table below describes (a) the entity entering into this Agreement on our behalf, (b) the address to which you must send notices pursuant to this Agreement, (c) the applicable law for any dispute or lawsuit arising out of or in connection with this Agreement, and (d) the courts having jurisdiction over such a dispute or lawsuit. Each party agrees to the applicable law above without regard to choice or conflict of law rules, and to the exclusive jurisdiction of the applicable courts below.Since 2018, Keytchens has been a partner of the largest delivery platforms in France and internationally. We provide you with unique know-how and expertise in delivery, to increase your turnover and profitability.
Discover our users' reviews
An excellent and truly professional team. A big thank you to Yassine who supported us during the launch and was really great. Good luck and thank you again, guys. 👌🏻
David Ghadyani
Keytchens Partner
Thank you very much to KEYTCHENS and Hamza for making our work so easy and efficient with this incredible system! We are truly grateful.
Sedain Eleven
Keytchens Partner
Finally, a system that understands the needs of restaurateurs, a customer service reachable at any time (Thanks Yassine), a simple and efficient handling, and useful features for the smooth running of my business. Highly recommended.
Wings & Chill
Keytchens Partner
