Terms of Service

Stack.Kitchen is a software-as-a-service platform that provides restaurants with point-of-sale, online ordering, kitchen display, dispatch, inventory, and reporting tools. Each subscribing restaurant ("Tenant") receives a dedicated subdomain, database, and configuration on the Platform.

We reserve the right to modify, suspend, or discontinue any feature with reasonable notice, where commercially feasible. Material changes that reduce functionality you've paid for will be notified by email at least 30 days in advance.

To use the Platform, you must:

• Be at least 18 years old and authorised to bind your business to these Terms
• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials and PINs — you're responsible for all activity under your account
• Notify us promptly of any unauthorised access at [email protected]

Subscriptions are billed monthly, in advance, in the currency selected at signup, via Paystack. By subscribing, you authorise us to charge your payment method automatically each billing cycle until you cancel.

• Renewal: Subscriptions auto-renew at the end of each billing cycle at the then-current rate.
• Failed payments: If a charge fails, we'll retry per Paystack's standard retry schedule. After 3 consecutive failed attempts, we may suspend access until payment is restored. Your data is preserved during suspension.
• Cancellation: You may cancel any time via the customer portal or by contacting [email protected]. Cancellation takes effect at the end of the current billing cycle — no partial refunds for the unused portion.
• Refunds: All charges are non-refundable except where required by law. We may, at our discretion, issue refunds for service outages exceeding our published SLA.
• Price changes: We may change subscription pricing with 30 days' written notice. Continued use after the effective date constitutes acceptance.

You agree not to:

• Use the Platform to violate any law or regulation in any jurisdiction where you operate
• Resell, sublicense, or redistribute the Platform without our written consent
• Reverse-engineer, decompile, or attempt to extract source code
• Attempt to interfere with, disable, or compromise the Platform's security or other tenants' data
• Use the Platform to send spam, phishing, or unsolicited commercial communications
• Process payments for goods or services prohibited by Paystack's acceptable use policy

You are solely responsible for:

• Your customer data: all data you upload, store, or transmit through the Platform — including diner contact details, order history, loyalty member information, and payment metadata
• Your relationship with your diners: the legal relationship with your customers (terms of sale, refunds, food safety, dietary disclosures, allergen information) is between you and them — not between us and them
• Compliance: ensuring your use of the Platform complies with applicable food safety, tax, employment, consumer protection, and data protection laws in every jurisdiction where you operate
• Tax: calculating, collecting, and remitting all applicable VAT, GST, sales tax, or other transaction taxes — the Platform provides configuration tools but the legal obligation is yours
• Backups: while we maintain reasonable backup procedures, you should periodically export critical data via the Platform's export tools

We may suspend or terminate your access:

• Immediately, for material breach of these Terms or for fraudulent, abusive, or illegal activity
• After 3 consecutive failed renewal payments (auto-suspension)
• With 30 days' notice for any other reason, in our reasonable discretion

On termination, your data is retained for 30 days, during which you can export it. After 30 days, we may permanently delete your data. We'll never sell or transfer your data to third parties except as part of a corporate acquisition (in which case the acquirer assumes these Terms).

The Platform, including all software, designs, logos, and documentation, is owned by Stackhouse Group and protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable licence to access and use the Platform during your subscription.

Content you upload (menus, photos, customer data, loyalty information) remains your property. You grant us a limited licence to host, display, and process it solely to provide the Platform to you.

The Platform is provided "as is" and "as available". We disclaim all warranties — express or implied — including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

While we strive for reliability, we don't guarantee uninterrupted or error-free operation. Restaurants are responsible for maintaining contingency procedures (manual receipts, backup payment methods) for periods of Platform unavailability.

To the maximum extent permitted by law, our total aggregate liability under these Terms for any claim or series of related claims will not exceed the fees you paid in the 12 months preceding the claim.

We will not be liable for indirect, incidental, consequential, special, or punitive damages — including lost profits, lost revenue, lost data, or business interruption — even if advised of the possibility.

You agree to indemnify and hold harmless Stackhouse Group, its directors, employees, and agents from any claim or demand — including reasonable legal fees — arising out of your use of the Platform, your violation of these Terms, or your violation of any law or rights of any third party.

These Terms are governed by the laws of Nigeria (where Stackhouse Group is incorporated), without regard to conflict of laws principles — except that mandatory consumer protections under your local law always prevail over conflicting terms here.

Dispute resolution, in order:

• Step 1 — Direct contact (free, fast): email [email protected]. We commit to acknowledging within 5 business days and proposing a resolution within 30 days. The vast majority of disputes resolve here.
• Step 2 — Online mediation: if direct contact doesn't resolve it, either party may request mediation via a mutually-agreed online platform (e.g. Modria, Centre for Effective Dispute Resolution). Costs are split equally.
• Step 3 — Arbitration or local court: if mediation fails, you may either (a) submit to arbitration in Lagos, Nigeria, under the Lagos Court of Arbitration rules — conducted remotely if you're based outside Nigeria, OR (b) bring a small-claims action in the courts of your own jurisdiction for amounts within that court's monetary limit. We will not contest jurisdiction for small-claims actions filed in good faith.

Either party may seek interim or injunctive relief from a court of competent jurisdiction at any time, regardless of the steps above.

EU Customers retain all rights under the EU Consumer Rights Directive and may use the EU Online Dispute Resolution platform. UK Customers retain rights under the Consumer Rights Act 2015. US Customers in California retain rights under the CCPA. Customers in any other jurisdiction retain all locally-applicable consumer protection rights.

We may update these Terms from time to time. Material changes will be notified by email at least 30 days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

For questions about these Terms:

• Email: [email protected]
• Billing inquiries: [email protected]
• Support: [email protected]