These terms are an agreement between Newgeniq Inc., registered in New York, USA ("Enplacio", "we", "us"), and the business that creates an Enplacio account ("you"). By creating an account or using the platform you accept them, and you confirm that you have authority to accept them for your business. If you and we sign a separate order form or agreement, it takes precedence where it differs from these terms.
1. The service
Enplacio is an online platform for running a food business: orders, production, quality, stock, delivery, invoicing and people. We may add, change or retire features. Our roadmap shows our plans, but it is not a promise to deliver any feature by any date.
2. Accounts and users
- You decide who in your business, and which of your trade customers and drivers, gets access, and you are responsible for what they do in your account.
- Keep sign-in details secret and tell us promptly at [email protected] if you think your account has been misused.
- The information you give us when signing up must be accurate.
3. Fees
You pay the fees for the plan you choose or the order you agree with us. Unless stated otherwise, fees are billed in advance, are non-refundable and exclude taxes, which you pay. If a payment is more than 15 days late, we may suspend the account after telling you. We will give you at least 30 days' notice of a price change, which takes effect at your next renewal.
4. Your data
- Your records stay yours. You give us permission to host, copy, process and display them only to provide and support the service for you.
- You are responsible for having the right to put the information you enter into Enplacio, including other people's personal information, and for telling those people as the law requires.
- You can export your records while your account is open and for 30 days after it closes.
- Our privacy policy explains how we handle personal information.
5. Your responsibility for food safety and compliance
Enplacio helps you record and organise how you work, but the decisions stay yours. You remain responsible for food safety, allergen and ingredient information, labels, recalls, temperatures, tax, payroll and every legal requirement that applies to your business. Check what the platform calculates or prints, such as nutrition, allergen statements, labels, plans, invoices and pay, before you rely on it.
6. Acceptable use
Do not use Enplacio to break the law, send spam, upload malware, try to reach another customer's data, probe or overload our systems, resell the service without our agreement, or copy it to build a competing product. We may suspend access that puts the platform or other customers at risk, and we will tell you why.
7. Other services
If you connect Enplacio to another service, such as an accounting, payment, messaging or point-of-sale system, your use of that service is governed by its own terms. We are not responsible for services we do not run, or for changes to them that affect a connection.
8. Availability and support
We work to keep Enplacio available and to give notice of planned maintenance, but we do not promise uninterrupted service unless we agree a service level with you in writing. Support is available at [email protected].
9. Our property and feedback
We own the platform, its software and its design. These terms give you the right to use the service during your subscription; they transfer no ownership. If you send us suggestions, we may use them without any obligation to you.
10. Confidentiality
Each of us will keep the other's non-public business information confidential and use it only for this agreement, except where the law requires disclosure.
11. Disclaimer
Apart from what these terms expressly promise, the service is provided "as is", and we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows.
12. Limitation of liability
To the extent the law allows, neither of us is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue, goodwill or data, and each party's total liability under these terms is limited to the fees you paid us in the 12 months before the claim. These limits do not apply to your payment obligations, to a breach of section 6, or to liability that the law does not allow to be limited.
13. Indemnity
You will defend and compensate us against third-party claims arising from your records, your products, or your breach of these terms or of the law.
14. Term and ending
Your subscription renews for the same period unless either of us cancels before renewal. You can cancel at any time by emailing us, and it ends at the close of the paid period. Either of us may end the agreement if the other seriously breaches it and does not fix the breach within 30 days of notice. Sections 4, 5 and 9 to 16 survive the end of the agreement.
15. Changes to these terms
We may update these terms. We will post the new version here with a new date and, for significant changes, tell you at least 30 days before they take effect. Continuing to use Enplacio after that means you accept them.
16. General
- These terms are governed by the laws of the State of New York, and its courts have exclusive jurisdiction, unless the law where you are based requires otherwise.
- Neither of us is responsible for delays caused by events outside reasonable control.
- You may not transfer this agreement without our consent; we may transfer it as part of a merger or sale of our business.
- If any part of these terms is unenforceable, the rest still applies. Not enforcing a term is not a waiver of it.
- These terms, with any order form, are the whole agreement between us about the service.
Contact
Newgeniq Inc., [email protected].