Terms of Service

1. Acceptance of Terms

By accessing or using the Simmer Shopify App, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use Simmer.

2. Description of Service

Simmer is a Shopify App designed to streamline food service operations, including but not limited to:

• Menu management
• Ticket management and printing
• Kitchen display setup
• Printer setup

3. User Eligibility

3.1 Users must be:

• At least 18 years of age
• Legally authorized to operate a food service business
• Possess a valid Shopify store account

3.2 Simmer is intended solely for legitimate food service businesses and commercial use.

4. User Account Responsibilities

4.1 Users are responsible for:

• Maintaining the confidentiality of their account credentials
• Ensuring the accuracy of all information provided
• All activities conducted under their account

4.2 Users agree to:

• Provide complete and accurate information
• Update account details promptly
• Use Simmer in compliance with all applicable laws and regulations

5. Data Usage and Privacy

5.1 Simmer collects and processes user data in accordance with our Privacy Policy, which is incorporated into these Terms of Use by reference.

5.2 Users grant Simmer a non-exclusive, worldwide license to use, store, and process data necessary for providing Simmer functionality.

5.3 Users are responsible for obtaining necessary consents from customers whose data may be processed through the Simmer.

6. Intellectual Property

6.1 App Intellectual Property

• All intellectual property rights in the Simmer’s software, design, graphics, and underlying technology are owned by Simmer and its licensors.

6.2 User Content Ownership

• Users retain full ownership of all content they create, upload, or input into the Simmer, including but not limited to:
  • Menu items
  • Product descriptions
  • Business information

6.3 Content License

• By using Simmer, users grant Simmer a limited, non-exclusive license to:
  • Store and process content necessary for Simmer functionality
  • Display content within the Simmer’s intended service
  • Provide technical support and maintenance

6.4 User Representations

• Users represent that they have the right to upload and share content in Simmer
• Users are responsible for ensuring they have necessary permissions for all uploaded content

7. Prohibited Uses

Users are strictly prohibited from:

• Using Simmer for illegal or fraudulent purposes
• Attempting to circumvent Simmer security
• Sharing account credentials
• Reverse engineering or attempting to derive source code
• Interfering with Simmer functionality
• Collecting data about other users without consent

8. Subscription and Pricing

8.1 Simmer offers subscription tiers with varying features and pricing.

8.2 Subscription fees are:

• Billed monthly or annually
• Subject to change with 30 days’ notice
• Non-refundable, except as required by law

8.3 Users are responsible for all fees associated with their chosen subscription plan.

9. Limitation of Liability

9.1 Simmer is not liable for:

• Lost profits
• Business interruption
• Data loss
• Indirect, consequential, or punitive damages

9.2 Maximum liability is limited to the total amount paid by the user in the preceding 12 months.

10. Indemnification

Users agree to indemnify and hold Simmer harmless from:

• Claims arising from user’s use of the Simmer
• Violations of these Terms of Service
• Infringement of third-party rights

11. Modification of Terms

11.1 Simmer reserves the right to modify these Terms of Service at any time.

11.2 Continued use of the Simmer after modifications constitutes acceptance of new terms.

12. Termination

12.1 Simmer may terminate or suspend user access:

• For violation of Terms of Service
• At its sole discretion
• With or without notice

12.2 Users may terminate their subscription at any time.

13. Dispute Resolution

13.1 Any disputes shall be resolved through binding arbitration.

13.2 Arbitration shall be conducted in the jurisdiction of the Simmer’s primary business location.

14. Governing Law

These Terms of Service are governed by the laws of the jurisdiction where Simmer is registered.

15. Contact Information

For questions about these Terms of Service, contact:

• Email: simmer@pixelnova.co.nz

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Last Updated: December 15 2024

By using the Simmer Shopify App, you acknowledge that you have read, understood, and agree to these Terms of Service.