Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Starvly ("Company," "we," "us," or "our") governing your access to and use of the Starvly platform, including our website, mobile applications, point-of-sale systems, and all related services (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

2. Definitions

• "Account" means your registered account with Starvly
• "Business User" means restaurants and food service businesses using our Services
• "Customer" means end users who place orders through Business Users
• "Content" means text, images, data, and other materials uploaded to the Services
• "Intellectual Property" means all patents, trademarks, copyrights, and trade secrets

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts. By using the Services, you represent and warrant that you meet these requirements.

3.2 Account Registration

To access certain features, you must create an Account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your Account information
• Maintain the security of your password and Account
• Accept all responsibility for activities under your Account
• Notify us immediately of any unauthorized use

4. License and Restrictions

4.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your business purposes.

4.2 Restrictions

You agree NOT to:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Rent, lease, sublicense, or distribute the Services
• Use the Services for any illegal or unauthorized purpose
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any systems or networks
• Use automated systems to access the Services without permission
• Remove or alter any copyright, trademark, or proprietary notices

5. Subscription and Fees

5.1 Subscription Plans

Certain features require a paid subscription. Current pricing is available on our website and may change with 30 days' notice to existing subscribers.

5.2 Payment Terms

• All fees are in USD unless otherwise stated
• Subscriptions auto-renew unless cancelled
• You authorize us to charge your payment method for recurring fees
• No refunds for partial months or unused Services
• Late payments may incur interest charges and service suspension

5.3 Transaction Fees

We may charge transaction fees for payment processing, online orders, and third-party integrations as specified in your subscription plan.

6. Intellectual Property Rights

6.1 Our Rights

The Services, including all software, designs, graphics, logos, and content, are owned by or licensed to Starvly and protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted are reserved.

6.2 Your Content

You retain ownership of Content you upload. By uploading Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your Content solely to provide the Services.

6.3 Feedback

Any feedback, suggestions, or ideas you provide become our property, and we may use them without compensation or attribution.

7. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using the Services, you consent to our data practices as described in the Privacy Policy.

8. Disclaimers and Warranties

8.1 AS-IS Basis

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Guarantee

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results from using the Services will be accurate or reliable
• Any defects will be corrected
• The Services will meet your specific requirements

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STARVLY SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR DATA

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Starvly, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or business practices
• Any fraud or negligence on your part

11. Term and Termination

11.1 Term

These Terms remain in effect while you use the Services or maintain an Account.

11.2 Termination by You

You may terminate your Account at any time by contacting support. You remain liable for all fees incurred before termination.

11.3 Termination by Us

We may suspend or terminate your access immediately, without notice, for:

• Violation of these Terms
• Suspected fraudulent or illegal activity
• Non-payment of fees
• Lengthy periods of inactivity
• Any reason at our sole discretion

11.4 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your data after a reasonable period. Provisions that should survive termination will remain in effect.

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@starvly.com to seek an informal resolution.

12.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court.

12.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of [State/Country], without regard to conflict of law principles.

13.2 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or Service notification. Continued use after changes constitutes acceptance.

13.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

13.4 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Starvly.

13.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

14. Contact Information

For questions about these Terms, contact us:

• Email: support@starvly.com
• Address: PO BOX 2021, Lalor Plaza, Lolor - 3075, Vic, Australia