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Terms of Service Privacy Policy Acceptable Use

Terms of Service

Version 2026-08-02 · Effective 2026-08-02

These Terms govern your use of the TransIQ platform at transiqsys.com and any related applications, APIs and services (the Service), operated by [OPERATOR LEGAL NAME — SET THIS] (we, us, TransIQ), of [REGISTERED ADDRESS — SET THIS].

The Service is provided to businesses, for business purposes. It is not offered to consumers for personal, family or household use. By creating an account you confirm you are doing so on behalf of a business and that you have authority to bind that business (the Customer, you).

Read sections 9, 10, 11 and 14 carefully. They limit our liability to you, disclaim warranties, require you to indemnify us, and govern how disputes are resolved. They are a fundamental part of the price at which the Service is offered.

1. Agreement and acceptance

By creating an account, accessing the Service, or clicking to accept, you agree to these Terms, the Privacy Policy and the Acceptable Use Policy, which are incorporated by reference. We record the version you accepted, the date and time, and the network address it came from.

2. The Service, and our discretion over it

We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, solely for your internal business operations.

We control the Service and how it develops. We may, at our sole discretion and at any time: add, change, restrict or remove features; change the technology, architecture, hosting or providers we use; set and change usage limits; determine which plans include which functionality; decide whether to build, decline to build, or discontinue any feature; and establish operational rules and quotas. We are not obliged to implement any request, suggestion or roadmap item, whether or not previously discussed.

We will use commercially reasonable efforts to give notice of changes that materially reduce core functionality, but no change to the Service is a breach of these Terms.

3. Your account and your users

You are responsible for: all activity under your account; keeping credentials secure; the accuracy of what you and your users enter; and the acts and omissions of everyone you give access to, including your staff, contractors and any third party you authorise. You must notify us promptly of any suspected unauthorised access.

You are responsible for configuring the Service correctly for your business, including tax rates, prices, hours, allergen information, employee records, scheduling and payroll data. We do not verify the accuracy of your configuration or your content.

4. Fees

Fees are those for your plan as published or as separately agreed. Unless stated otherwise: fees are quoted exclusive of taxes, which you pay in addition; subscriptions renew automatically for successive terms; and fees are non-refundable, including for partial periods, unused capacity, or periods during which you chose not to use the Service.

We may change fees on notice, effective at your next renewal. If you do not accept a fee change, your remedy is to not renew.

If payment fails or is overdue we may suspend the Service, in addition to any other remedy. Amounts overdue bear interest at 1.5% per month (19.56% per annum) or the maximum permitted by law, whichever is lower.

5. Your Data

You own your data. As between you and us, you retain all right, title and interest in the content, records and information you and your users put into the Service (Customer Data). You grant us a worldwide, royalty-free licence to host, copy, transmit, display, process and back up Customer Data solely to provide, secure, support and improve the Service, and as otherwise permitted in the Privacy Policy.

You are responsible for having the legal right to provide Customer Data to us, including any personal information about your guests and staff, and for obtaining any consent that the law requires. Our respective privacy responsibilities are set out in the Privacy Policy.

6. Our intellectual property

The Service, and all software, source code, interfaces, designs, text, databases, structures, workflows, documentation, trade-marks, trade names and know-how comprising it, are and remain our exclusive property or that of our licensors. Nothing in these Terms transfers any ownership to you.

You must not, and must not permit anyone to: copy, modify, translate or create derivative works of the Service; reverse engineer, decompile or disassemble it, or attempt to derive its source code or underlying ideas; resell, sublicense, rent, lease, time-share or operate a service bureau with it; remove or obscure proprietary notices; use it to build a competing product or service; or benchmark or publish performance results without our written consent.

Feedback. If you give us suggestions, ideas or feedback, we may use them for any purpose without restriction, attribution or compensation, and you assign us all rights in them.

7. Suspension and termination

We may suspend or terminate your access, in whole or in part, immediately and at our sole discretion, if: you breach these Terms or the Acceptable Use Policy; fees are overdue; we reasonably believe your use threatens the security, integrity, availability or lawful operation of the Service or of any other customer; we are required to do so by law or by a provider we depend on; or we discontinue the Service or your plan.

We may terminate for convenience on 30 days' notice. You may terminate at the end of your then-current term.

On termination your right to use the Service ends immediately. We will make Customer Data available for export for 30 days after termination, after which we may delete it. Sections 5, 6, 9, 10, 11, 12, 13 and 14 survive termination.

8. Third-party services

The Service may interoperate with third parties (for example payment processors, email and messaging providers, banking data providers, mapping and AI services). Those services are governed by their own terms and are outside our control. We are not responsible for third-party services, their availability, their acts or omissions, or any loss arising from them.

Payment card processing. TransIQ does not process card payments and does not accept, transmit or store card numbers. Card payments are taken by you on your own payment terminal or through a payment processor with whom you contract directly. You are solely responsible for your compliance with the card network rules and the PCI Data Security Standard.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, ACCURACY, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF HARMFUL COMPONENTS, OR THAT DATA WILL NOT BE LOST OR CORRUPTED. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT.

No professional advice. The Service, including any reporting, accounting, payroll, scheduling, tax, inventory or AI-generated output, is a tool. It is not accounting, tax, legal, employment, food-safety or professional advice, and must not be relied on as such. You are responsible for verifying output and for obtaining professional advice.

Allergen and food-safety information. Allergen, dietary and ingredient information displayed by the Service is information you supply. We do not verify it. You are solely responsible for its accuracy, for keeping it current, and for your compliance with food-safety and labelling law.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, SALES, GOODWILL, REPUTATION, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, OR FOR LOSS, CORRUPTION OR INACCURACY OF DATA, OR FOR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.

(b) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, ON ANY AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE FEES YOU ACTUALLY PAID US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.

(c) THESE LIMITS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND REFLECT A DELIBERATE ALLOCATION OF RISK THAT IS PART OF THE BASIS OF THE BARGAIN AND IS REFLECTED IN THE FEES CHARGED.

What these limits do not cover. Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, for wilful misconduct, for death or personal injury caused by negligence, or for any liability that cannot lawfully be excluded or limited.

11. Indemnity

You will defend, indemnify and hold harmless [OPERATOR LEGAL NAME — SET THIS] and its directors, officers, shareholders, employees, contractors, agents and affiliates from and against all claims, demands, actions, proceedings, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees on a full-indemnity basis) arising out of or related to: your use of the Service; Customer Data; your content, prices, tax settings, allergen or menu information; your employment, scheduling, payroll or wage practices; your handling of guest personal information; your breach of these Terms or the Acceptable Use Policy; your violation of any law; or any claim by your guests, staff, contractors or customers.

We will notify you of any claim, allow you to control the defence with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle any claim in a way that admits our liability or imposes any obligation on us without our written consent.

12. Confidentiality

Each party will protect the other's confidential information with at least reasonable care and use it only for the purposes of these Terms. Confidential information does not include information that is public through no breach, independently developed, or lawfully received from a third party. Either party may disclose where required by law, giving notice where lawful.

13. Force majeure

We are not liable for any delay or failure caused by events beyond our reasonable control, including acts of God, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labour dispute, failure or unavailability of utilities, telecommunications, hosting, cloud or internet infrastructure, third-party service failure, denial-of-service or other attack, or governmental action.

14. Governing law, forum and disputes

These Terms are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The courts of Ontario, Canada have exclusive jurisdiction, and each party irrevocably attorns to that forum and waives any objection based on venue or forum non conveniens.

No class proceedings. To the extent permitted by law, each party may bring claims only in its individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding.

Time limit. Any claim must be brought within one (1) year after it arose, to the extent such a limit is permitted by law; otherwise it is permanently barred.

15. General

Changes. We may modify these Terms at any time. Material changes take effect 30 days after we post them or notify you; all other changes take effect when posted. Continuing to use the Service after that means you accept the change. If you do not accept, your remedy is to stop using the Service and terminate.

Assignment. You may not assign these Terms without our written consent. We may assign freely, including on a sale of our business or assets.

Independent contractors. Nothing creates a partnership, joint venture, employment, franchise or agency relationship.

No third-party beneficiaries, except that our directors, officers, employees and affiliates may enforce sections 9, 10 and 11.

Severability. If any provision is held unenforceable, it is to be read down to the minimum extent necessary to make it enforceable, and if it cannot be, it is severed and the rest remains in force.

No waiver. A failure to enforce is not a waiver.

Entire agreement. These Terms, the Privacy Policy and the Acceptable Use Policy are the entire agreement and supersede all prior discussions, proposals, representations and understandings. Any purchase order or other document you issue has no effect, and its terms are rejected.

Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

16. Contact

[OPERATOR LEGAL NAME — SET THIS]
[REGISTERED ADDRESS — SET THIS]
legal@transiqsys.com