Terms of Service & License Agreement

The Software is licensed, not sold. IT Cyber Work LLC grants you a limited, revocable, non-exclusive, non-transferable license solely for internal restaurant operations within your physical establishment. Active access requires an active paid subscription or authorized trial. Each license is tied to specific registered hardware terminals.

You shall NOT copy, modify, disassemble, decompile, decrypt, extract, or reverse engineer any part of the Software, its binaries, scripts, or runtime files. Furthermore, you shall NOT alter, edit, inject, or tamper with the local SQLite database files (pos.db), sales logs, or licensing locks using external tools. Any tampering constitutes a material breach and federal copyright violation (Digital Millennium Copyright Act - DMCA), resulting in immediate license termination without refund and full legal prosecution.

The Software is designed exclusively for legitimate commercial operations and lawful accounting. The Licensee is solely and strictly responsible for the accurate recording, reporting, and remitting of all federal (IRS), state, and municipal sales taxes. Any attempted or actual destruction, deletion, or suppression of sales transactions, tax records, or closing shifts to evade taxes constitutes a federal felony and material breach. Completed sales and closing shift records are permanently immutable. The Licensee acknowledges and agrees that the Software automatically mirrors daily shift summaries to the Licensee's private Cloud Sales Ledger for business continuity and audit defense. This data is private to the Merchant and is not accessed, shared, or commercialized by IT Cyber Work LLC.

The Software DOES NOT collect, store, process, or transmit raw credit card numbers, Primary Account Numbers (PAN), CVVs, expiration dates, magnetic stripe track data, or PIN data. All card transactions are processed independently via external third-party payment hardware and gateways (e.g., Stripe, Square, PAX, Clover, or merchant acquiring banks). IT Cyber Work LLC is NOT a bank or payment processor. IT Cyber Work LLC assumes ZERO liability for credit card fraud, stolen cards, customer chargebacks, fund holds, or terminal data breaches.

The Software provides computational arithmetic and reporting tools only. Physical cash handling, drawer counts, safe drops, and employee supervision are the sole responsibility of the Licensee. IT Cyber Work LLC shall NOT be liable for any cash shortages, employee theft, drawer discrepancies, unauthorized voids, fraudulent discounts, or employee embezzlement.

The Software functions strictly as an order communication tool. IT Cyber Work LLC does not prepare food or oversee health codes. The Licensee is 100% responsible for all menu descriptions, dietary warnings, cross-contamination notifications, and allergen disclosures (peanuts, gluten, dairy, shellfish, etc.). IT Cyber Work LLC disclaims all liability for foodborne illness or allergic reactions.

The Licensee is solely responsible for lawful collection and use of end-customer data. If the Licensee uses automated SMS, WhatsApp, or email notifications, the Licensee warrants that it has obtained all necessary prior express written consents under the Telephone Consumer Protection Act (TCPA) and consumer privacy laws.

For AI telephone orders, the Licensee is strictly responsible for complying with wiretapping and call recording consent laws and must ensure an automated disclosure ("This call is recorded and assisted by AI") is played to inbound callers before taking an order. IT Cyber Work LLC provides computational order transcription tools only and assumes no liability for inaccurate orders or unrecorded allergies spoken over the telephone.

The Software is provided strictly "AS IS" without warranty of any kind. IT Cyber Work LLC is not liable for business downtime, lost tickets, or damages resulting from Windows updates, power outages, internet failures, local Wi-Fi drops, thermal printer jams, or third-party hardware failures.

Under no circumstances shall IT Cyber Work LLC be liable for lost profits, lost revenues, loss of data, or indirect, consequential, or punitive damages. In all events, the total cumulative liability of IT Cyber Work LLC shall be strictly capped at the subscription fees actually paid by the Licensee in the preceding three (3) months, or $100 USD, whichever is less.

The Licensee agrees to defend, indemnify, and hold harmless IT Cyber Work LLC and its developers from any claims, lawsuits, tax audits, penalties, food safety claims, chargebacks, or legal expenses arising from the restaurant's commercial operations or breach of this Agreement.

Any dispute arising out of or relating to this Agreement shall be resolved exclusively through binding individual arbitration under the commercial rules of the American Arbitration Association (AAA). The Licensee expressly waives any right to participate in a class-action lawsuit, collective arbitration, or representative proceeding.