Welcome to WAYTERZ (the “Platform”), a service operated by KUANTEQ LLC The following terms and conditions (“Terms”) form a binding agreement between you and us. Please review the following Terms carefully. By using the Platform, You are agreeing to these Terms, and these Terms will govern Your use of the Platform and the Services (defined below). If You do not agree to these Terms, You must cease use of the Platform and Services. The terms “WAYTERZ”, “us”, “we” or “our” refers to KUANTEQ LLC, the owner of the Platform and Services. The term “You” or “Your” refers to the person accessing or using the Platform and Services, or the company or organization on whose behalf that person accesses the Platform and Services.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the security of your account and password. WAYTERZ can't and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You must be 18 years or older to use this Service.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
• You must not misrepresent yourself or take on the identity of someone else while using this service.
• One person or legal entity may not maintain more than one account. • You may not use the Services for any illegal or unauthorized purpose.
You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
• Billing is strictly by Automatic Payment only.
The following activities are strictly prohibited:
• Intentionally or unintentionally violate any applicable local, commonwealth, state, national or international law, including, but not limited to, the United States, including instrumentalities and other public corporations, including without limitation, the Copyright Act and any regulations having force of law.
• Violating or attempting to violate, the security of this Site; use the Site and/or Services if you are not able to enter into a legally binding contract, are under the age of 18, or are temporarily or indefinitely suspended from our Site.
• Use the Site to purchase alcohol unless you and the alcohol recipient are 18 years old or older and can provide a valid form of government issued identification and physical credit card (if requested), which verifies your age.
• Access the Site, using the account information of someone other than you. without the express written consent of the account holder.
• Harvest or otherwise collect information about users, including email addresses, without their consent.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Platform.
• Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
• Logging into or attempting to log into a server or account that you are not authorized to access.
Violation of any of these agreements will result in the termination of your Account. While WAYTERZ prohibits such conduct and Content on the Service, you understand and agree that WAYTERZ can't be responsible for the Content posted on the Platform and Services and you nonetheless may be exposed to such materials. You agree to use the Services at your own risk.
WAYTERZ provides online ordering, mobile apps and web Platform (our “Services”) that make it easy for You to order online and get orders faster. (“WAYTERZ”).
In order for us to provide You with the Services, You must:
• (i) allow WAYTERZ to retrieve, distribute and access Your Content (as defined below) as well
• (ii) combine Your Content with our proprietary platform, which may include our sharing, tracking and other capabilities (“WAYTERZ ”). One of the basic functions of the Services is to maximize distribution of Your Content, and as such, You agree to allow us to reference Your Content on our Platform and other delivery points and distribute Your Content to various delivery points.
By paying an initial fee of setup your site and as long as you are a customer of the WAYTERZ, you are granted a right to use the Services subject to the restrictions set forth in this agreement. You agree to pay for the services in accordance with our service fees and to pay the service fee until you cancel your account. You can terminate your account at any time; and WAYTERZ reserves the right, in its sole discretion, to terminate your account if you violate this agreement.
PLATFORM and Services Modifications
We retain all right to determine the features and capabilities included as part of the Platform and the Services. We may include features and capabilities that link to third-party services, content, advertisements, applications, widgets or webPlatforms from the Platform, Services, WAYTERZ or WAYTERZ Tools. We also retain the right to restrict 3rd party content being included in any webPlatforms and mobile apps WAYTERZ develops for clients.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only available via e-mail. You understand that WAYTERZ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. We reserve the right to modify, suspend, or discontinue the Platform and the Services or modify the Terms from time-to-time, with or without notice to You, and we are not liable to You or any third party should we exercise such right. If You object to any such changes, Your sole recourse is to discontinue using the Platform and the Services. Continued access and/or use of the Platform and/or the Services following notice of any such changes shall indicate Your assent to and acceptance of such changes.
When your application displays any information obtained from our platform, you must include a link with the text “Powered by WAYTERZ” that links back to http://www.WAYTERZ.com This link must be large enough to be visible.
Third Party API Content
The WAYTERZ uses data provided by third parties. These third parties will be identified in the “source” field for appropriate API calls. By using this data, you agree to the Terms of Service for the listed third party.
Third Party Platforms
WAYTERZ may contain links to third party content, webPlatforms, advertising, applications or widgets that are not owned or controlled by WAYTERZ. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party webPlatforms, advertising, applications or widgets. In addition, WAYTERZ will not and can't censor or edit the content of any third-party webPlatform, advertisement, application or widget. By using the Services, You expressly relieve WAYTERZ from any and all liability arising from Your use of any third-party content.
Every commerce comes into the obligation to use a third party platform for processing credit card payments. This third party that the platform called Stripe handles all payments processing. By agreeing to this agreement, commerce agrees to bound by the Atripe Connected Account Agreement, with includes the Stripe Services Agreement.
Your content, including your menu, may now or in the future include videos, images, audio clips, photos, graphic designs, advertisements, sponsorships and/or other types of content submitted by You or others enabled by You (“Your Content”). All items listed in your menu must be legal for sale. WAYTERZ will not be held responsible for any illegal sales.
You shall be solely responsible for Your Content and the consequences of posting or publishing such content. In connection with Your Content, You affirm, represent, and/or warrant that:
• (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize the WAYTERZ to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Your Content to enable inclusion and use of the Your Content in the manner contemplated by our Services and these Terms.
• (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by our Services and these Terms. For clarity, You retain all of Your ownership rights in Your Content. However, by placing the Your Content in WAYTERZ, You hereby grant WAYTERZ a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with our Services and the WAYTERZ’s (and its parent and successor’s) business, including without limitation for promoting and redistributing Your Content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user accessing Your Content a non-exclusive license to access Your Content, and to use, reproduce, distribute, display and perform Your Content. The foregoing license granted by You terminates once You block access to, remove or delete Your Content.
You agree that this license includes a right for WAYTERZ to make such Content available to other companies, organizations or individuals with whom WAYTERZ has relationships for the provision of services, and to use such Content in connection with the provision of those services.
You understand that WAYTERZ, in performing the required technical steps to provide the Services to our users, may
• (a) transmit or distribute your Content over various public networks and in various media; and
• (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit WAYTERZ to take these actions.
In connection with Your Content, You further agree that You will not:
• (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant the WAYTERZ all of the license rights granted herein.
• (ii) publish falsehoods or misrepresentations that could damage the WAYTERZ or any third party.
• (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
• (iv) impersonate another person. The WAYTERZ does not endorse any of Your Content or any opinion, recommendation, or advice expressed therein, and the WAYTERZ expressly disclaims any and all liability in connection with Your Content.
WAYTERZ does not condone copyright infringing activities and infringement of intellectual property rights throughout its Service, and WAYTERZ will remove Your Content if properly notified that Your Content infringes on another’s intellectual property rights. WAYTERZ will also suspend and/or terminate a user’s access to our Service, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has Your Content removed more than twice.
WAYTERZ also reserves the right to decide whether Your Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to obscene or defamatory material. WAYTERZ may remove Your Content and/or suspend or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
In particular, if You are a copyright owner or an agent thereof and believe that Your Content or other content infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in the form of a written notification (pursuant to 17 U.S.C., section 512(c)) must be provided to the WAYTERZ’s designated Copyright Agent:
• Identification of the copyrighted work(s) that You claim to have been infringed.
• Identification of where the infringing material is located (i.e., identification of the content containing the allegedly infringing material).
• A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.
• A statement that the information in the notification is accurate, and that under penalty of perjury, You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.
• Your address, telephone number, and e-mail address; and Your physical or electronic signature.
Please note that, pursuant to 17 U.S.C., section 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by WAYTERZ in connection with the written notification and allegation of copyright infringement. WAYTERZ’s designated Copyright Agent to receive notifications of claimed infringement can be reached:
• By e-mail: info@WAYTERZ.email For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to WAYTERZ customer service. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.
In order to provide certain Services, You must allow us to use raw data related to the use and distribution of Your Content (“Data”) that will be collected as part of the Services. You hereby grant the WAYTERZ a non-exclusive, perpetual, worldwide and irrevocable right and license to utilize the Data to track, extract, compile, synthesize, aggregate, and analyze such Data, including, but not limited to, the creation of anonymous and promotional tracking data (“Tracking Data”). We reserve the right to use, reproduce, distribute and display Tracking Data, in our sole discretion.
Non-Confidentiality and Security
Disclaimers of Warranty
THE Platform, SERVICES, AND WAYTERZ ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAYTERZ, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. WAYTERZ, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE Platform, WAYTERZ, OR SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE Platform IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE Platform AND WAYTERZ, AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL WAYTERZ, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, NOR LOST PROFITS, ARISING IN CONNECTION WITH THE Platform, SERVICES OR THESE TERMS, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICE, Platform, OR THE CONTENT. WAYTERZ, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT PlatformS OR ANY OTHER Platform LINKED TO OUR Platform.
ou agree to defend, indemnify and hold harmless WAYTERZ, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Platform, Services, or WAYTERZ; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) the distribution of Your Content; or (v) any claim that Your Content or Data caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the WAYTERZ and/or Kuanteq LLC.
You and we are independent contracts, and nothing in these Terms creates a partnership, employment relationship or agency. There are no third-party beneficiaries of these Terms. You may not assign these Terms, in whole or in part, to any third party without our prior, written consent, and any attempt by You to do so will be invalid. Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. Our rights under these Terms will survive any termination of these Terms. You agree that: (i) the Platform, Services and WAYTERZ shall be deemed solely based in P.R. and (ii) the Platform shall be deemed a passive webPlatform that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than P.R. These Terms will be governed by the laws of the commonwealth of Puerto Rico and the United States of America. You agree that the state and federal courts located within of These Terms will be governed by the laws of the commonwealth of Puerto Rico and the United States of America will have exclusive jurisdiction over any dispute between You and us. However, You agree that we may seek equitable relief in any jurisdiction when appropriate. YOU AND WAYTERZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Platform, SERVICES OR WAYTERZ MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms constitute the entire and only agreement between You and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter of these Terms.
We have a NO money-back for our online ordering system. If, within 30 days you wish to cancel your online ordering system, we will not refund your initial setup price of the system. To initiate your cancelation, please email us at email@example.com within 30 days of the initial date. If you which to cancel your ongoing service, please do so in writing at any time and allow 7 days for processing.
We can have your WAYTERZ online ordering system ready for webPlatform deployment within 96 hours of receiving your completed application.
This policy only applies to the Site and people that WAYTERZ employs or manages regarding the administration of the Site.
Information Collection and General Use
• WAYTERZ doesn’t collects personal information when you register with the Site, when you use the Services and when you visit the Site.
• You don’t need to register we may ask for information such as your name and address, home telephone number, business telephone number, mobile telephone number, and any other identifying information which may be required, by WAYTERZ, from time to time. Once you register with the Site and sign in to our Services, you are not anonymous to us.
• WAYTERZ may automatically receive and record information on our server logs from your browser, including your IP address, WAYTERZ cookie information, and the page you request.
• WAYTERZ uses information for the following general purposes: fulfill your requests, improve our Services and contact you.
How we use the information we collect
Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:
• Provide, personalize, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customized, personalized, or localized content, recommendations, features, and advertising on or outside of the Service.
• Ensure technical functionality of the Service, develop new products and services, and analyze your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service.
• Communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive.
• Communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your WAYTERZ account settings)
• If you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialing system; you are not required to provide consent as a condition of signing up for WAYTERZ’s services
• Enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service
Information Sharing and Disclosure
• WAYTERZ does not rent, sell, or share personal information about you with other people or non-government organizations except to provide the Services you’ve requested, when we have your permission, or under the following circumstances:
◦ We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
Confidentiality and Security
• We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide the Services to you or in order to do their jobs.
• We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
• WAYTERZ may update this policy from time to time. WAYTERZ may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Site.