Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Hearth platform ("Hearth", "we", "our", or "us"), operated by Nexora.

By creating an account, accessing, or using Hearth, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the platform.

2. Service Description

Hearth is a cloud-based restaurant management platform that provides features including, but not limited to:

• Restaurant reservation management
• Guest CRM
• Floor plan and table management
• Waitlist management
• Reporting and analytics
• Guest-facing booking interfaces
• Operational management tools

We continually improve Hearth and may add, modify, replace, or remove features without prior notice where reasonably necessary.

3. Account Registration

Restaurant accounts are created and managed through the Hearth onboarding process.

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• Ensuring the accuracy of the information provided.
• All activity carried out under your account.

You must notify us immediately if you believe your account has been accessed without authorisation.

We reserve the right to suspend or terminate accounts where misuse, fraud, or unauthorised activity is suspected.

4. Subscription, Billing and Payments

Hearth is provided on a subscription basis.

• Pricing is agreed individually with each customer unless otherwise stated.
• Subscription fees are billed according to your agreed billing cycle.
• Payments are processed through secure third-party payment providers such as Stripe or other authorised providers.

Failure to make payment may result in:

• Restricted access.
• Suspension of services.
• Termination of your subscription.

Trial Period

• A free or paid trial may be offered.
• A valid payment method may be required to activate a trial.
• Unless cancelled before the trial ends, your subscription may automatically continue under your agreed pricing where permitted by applicable law and where you have been informed in advance.

5. Data Ownership

Restaurant Data

You retain ownership of all operational data you upload or generate through Hearth.

Hearth acts as a data processor or service provider where applicable under relevant data protection laws.

Guest Data

You are responsible for ensuring that guest data is collected and processed lawfully, including obtaining any necessary consent where required.

Hearth processes guest data only on your behalf and in accordance with applicable data protection laws.

6. Acceptable Use

You agree not to:

• Use Hearth for unlawful purposes.
• Upload malicious software or harmful content.
• Attempt to gain unauthorised access to any account or system.
• Interfere with or disrupt the platform or its infrastructure.
• Reverse engineer, copy, or exploit the platform except where permitted by law.

We reserve the right to suspend access where these Terms are violated.

7. Service Availability

We aim to provide a reliable and secure service but cannot guarantee uninterrupted or error-free availability.

We are not responsible for interruptions resulting from:

• Scheduled maintenance.
• Third-party service failures.
• Internet or telecommunications issues.
• Force majeure events.
• Circumstances beyond our reasonable control.

8. Limitation of Liability

To the fullest extent permitted by applicable law:

• Hearth is not liable for any indirect, incidental, special, consequential, or punitive damages.
• Hearth is not liable for loss of revenue, profits, business opportunities, goodwill, or bookings arising from use of the platform.
• Our total aggregate liability arising out of or relating to these Terms shall not exceed the total subscription fees paid by you during the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

9. Suspension and Termination

We may suspend or terminate access if:

• These Terms are breached.
• Payment obligations are not met.
• Fraudulent, unlawful, or abusive use is detected.
• Continued access presents a security risk.

You may cancel your subscription in accordance with your subscription agreement.

Termination does not affect any rights or obligations that arose before termination.

10. Data Retention & Deletion

Following cancellation:

• Your account remains accessible until the end of the current billing period unless otherwise agreed.
• You may export your data for thirty (30) days following termination.

After this period:

• Your data may be permanently deleted from our active systems, subject to legal, regulatory, security, or backup retention requirements.

11. Intellectual Property

All intellectual property rights relating to Hearth, including its software, design, branding, documentation, trademarks, and technology, remain the exclusive property of Nexora or its licensors.

These Terms grant you a limited, non-exclusive, non-transferable licence to use Hearth during your active subscription.

12. Privacy

Your use of Hearth is also governed by our Privacy Policy, which explains how personal information is collected, processed, stored, and protected.

13. Changes to These Terms

We may update these Terms from time to time.

Where changes are material, we will make reasonable efforts to notify customers before they take effect.

Continued use of Hearth after updated Terms become effective constitutes acceptance of the revised Terms.

14. Governing Law & Dispute Resolution

These Terms shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction agreed between Hearth and the customer, or, where no specific jurisdiction has been agreed, the laws of the jurisdiction in which Nexora is established, subject to any mandatory consumer or local laws that apply.

Both parties agree to first attempt to resolve any dispute through good-faith negotiation. If a dispute cannot be resolved amicably, it may be referred to the competent courts or other dispute resolution mechanisms having jurisdiction under applicable law.