Important: This document is a draft template for discussion and implementation only. It is not legal advice. Laws differ by country (and sometimes by region). You should have these terms reviewed and adapted by a qualified lawyer in your jurisdiction before relying on them for sales or disputes.

Terms of Service

PROFIT X3 / LifeHomeX3 — Software and related services

Effective date: [INSERT DATE]
Operator (“we”, “us”, “Provider”): [INSERT LEGAL ENTITY NAME, ADDRESS]
Contact: [INSERT EMAIL]

1. Agreement

By registering, accessing, or using the PROFIT X3 platform (the “Service”), purchasing a subscription, or clicking to accept these terms where offered (including during online checkout), you (“Customer”, “you”, “your”) agree to these Terms of Service (“Terms”). If you act on behalf of a company, you represent that you have authority to bind that company.

These Terms together with order details, pricing communications, and (where applicable) Stripe receipts form the agreement for use of the Service. They do not replace formal legal advice; they are intended to document commercial rules clearly.

2. The Service

The Service is a software platform provided to restaurants and related businesses to help manage reputation, staff activity, customer engagement, and related workflows as described on our website and in-product materials. Features may change over time. We may update, limit, or discontinue parts of the Service with reasonable notice where practicable.

The Service is provided on a subscription and/or success-fee model as offered at signup or in your account. Integrations (e.g. Google, Instagram, payment processors) depend on third parties; we do not control their availability, policies, or APIs.

3. Account and access

You must provide accurate registration information and keep credentials secure. You are responsible for all activity under your account. Notify us promptly of unauthorised use.

4. Fees, billing, trial and milestones

Pricing may include (as applicable):

Milestone before base fee: Unless we state otherwise in writing for your account, the monthly base fee does not become chargeable until whichever occurs first: (A) your Google rating improves by at least +0.1 stars compared to the baseline we record for your venue, or (B) you reach 500 qualifying Instagram scans counted by our system as defined in the product. Progress is shown in your manager dashboard. We use reasonable methods to measure these milestones; third-party platforms may change how data appears.

Stripe and payment processors: Subscriptions and invoices may be processed by Stripe or other providers. You authorise us and our payment partners to charge applicable fees according to your plan. Card authorisation or “pending” states may appear even during trial phases depending on processor behaviour; the substantive billing rules above govern when the base fee applies.

Taxes, if any, are your responsibility unless we state we collect them. Late or failed payments may result in suspension or termination of access.

5. Intellectual property

All rights in the Service, including software, branding, logos, documentation, databases (excluding your customer content), and know-how, belong to us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during an active subscription.

You must not: copy, modify, reverse engineer, decompile, or attempt to extract source code except where mandatory law allows; scrape or automate access beyond normal use; build a competing product using our Service; remove proprietary notices; or use our marks without written consent.

You retain rights to your business data and customer content you submit. You grant us a licence to host, process, and display it as needed to provide the Service and improve security and operations (including aggregated/anonymised analytics).

6. Acceptable use

You will not use the Service unlawfully, to send spam, to manipulate reviews fraudulently, to infringe others’ rights, or to violate platform rules (e.g. Google, Meta). You are responsible for compliance with marketing, data-protection, and employment laws applicable to you.

7. No guarantee of results

The Service is a tool. We do not guarantee any specific revenue, rating, ranking, scan counts, review outcome, or business result. Examples and case studies are illustrative only.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the minimum permitted by law.

10. Indemnity

You will defend and indemnify us against third-party claims, damages, and costs (including reasonable legal fees) arising from your use of the Service, your content, your breach of these Terms, or your violation of law or third-party rights.

11. Suspension and termination

We may suspend or terminate access for breach, non-payment, legal risk, or extended inactivity, subject to applicable law. You may stop using the Service and cancel according to the cancellation flow in your account or with Stripe. Provisions that by nature should survive (IP, liability limits, indemnity, governing law) will survive termination.

12. Privacy

Personal data is processed as described in our Privacy Policy. You must comply with applicable data-protection laws when you collect data from your customers.

13. Changes

We may update these Terms. We will post the new version and update the effective date. Material changes may require additional notice or acceptance where required by law. Continued use after changes may constitute acceptance.

14. Promotions and referral incentives

Introductory offers, referral commissions, activation bonuses, and similar incentives are promotional. We may modify, suspend, or recalculate any promotion at any time and for any reason, including correcting errors or aligning payouts with a single canonical entitlement per venue.

14.1 Waiter weekly rewards

Race and flash prizes shown in the waiter dashboard (including weekly scan races and limited-time flash awards) are promotional and funded by the platform. They are not wages, guaranteed income, or employment benefits.

We may change prize amounts, eligibility rules, weekly timing, national scope, or end the programme at any time, including to correct errors or prevent abuse.

Winners must claim a prize within the in-app deadline (currently six hours from reveal). Unclaimed prizes are forfeited. Payouts require a valid minimum balance and correct bank or Wise details as shown in the dashboard.

We may withhold or deny payment if we reasonably suspect fraud, abuse, fake or duplicate scans, duplicate accounts, or breach of these Terms or programme rules. Programme rules displayed in the app and these Terms govern eligibility; our reasonable interpretation prevails.

15. Governing law and disputes

These Terms are governed by the laws of [INSERT COUNTRY / STATE / COURTS], excluding conflict-of-law rules. Courts in [INSERT VENUE] shall have exclusive jurisdiction, unless mandatory consumer protections require otherwise.

16. Miscellaneous

If any provision is invalid, the remainder remains in effect. No waiver is implied from delay or failure to enforce. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.

© [YEAR] [LEGAL ENTITY]. All rights reserved.