This End-User License Agreement (the “Agreement”) is a legal agreement between you, an end user ("you", “subscriber”),
and Syngenic programske usluge d.o.o. ("Syngenic", “we”) for evaluation and use of the SeatOn application service
(including all ancillary applications provided) and any associated documentation provided with the software
(collectively, the “Service”). By downloading, installing, using, and paying for the Service,
you agree to the terms and conditions in this Agreement: (1) you represent that you understand the terms of this Agreement
and you have the capacity and authority to bind your employer to this Agreement, and (2) you accept the terms of this
Agreement and you consent to be bound by this Agreement on behalf of your employer. If you do not agree to be bound by
these terms and conditions, do not download, install, or use of the Service.
Service Description and Term Of Service
SeatOn service provides you with the ability to manage your tables for all types of customer visits including expected arrivals
(i.e. reservations), walk-ins and waitlisted customers. SeatOn allows you to track customers and record
from time a reservation was made/customer walk-in until customer check-out. Thus, SeatOn service offers complex customer relationship
management and performance reporting service which helps you to identify customer visit habits, spending behavior, as well as your most
loyal guests. Moreover, SeatOn service contains powerful reporting with extensive analytics such as visit statistics, aggregated
spending trend, occupancy rate and employee performance. The features and functionality of the SeatOn Service may be modified from
time to time to improve quality and extend functionalities by Syngenic in its discretion. The Service is offered on a month-to-month
basis and is automatically renewed.
Use of Service
Confidentiality, Registration and Passwords.
You agree to provide true, accurate, and current information about yourself when creating an account. If you provide any information
that is untrue, inaccurate, or not current, we reserve the right to suspend or terminate your account and refuse any current and future
use of the Service. You agree to maintain the confidentiality of all your login credentials. You are responsible for all actions
taken with your login credentials and stored information. If you permit another person to have access to your login credentials,
we will treat this as if you have authorized such use and you will be liable for all actions taken by those persons. You are wholly
responsible for the use of your login credentials as provided in these Terms. You further agree to immediately notify us of any
unauthorized use of your password or account or any other breach of security.
Syngenic may alter which devices and browsers are approved as compatible with the SeatOn App in its discretion from time-to-time.
Syngenic may perform maintenance on the SeatOn App from time to time which may result in service interruptions, delays, or errors.
We will not be liable for any such interruptions, delays, errors, or bugs. You agree that we may contact you to assist you with the
SeatOn Services and obtain information needed to identify and fix any errors. You acknowledge that not all Services can be guaranteed
to perform acceptably from all locations, including, but not limited to via mobile telephones, pay phones or satellite phones due to
various in-country, carrier or other restrictions.
Termination for Cause
This Agreement may be terminated by you at any time by uninstalling the Service. Your termination of this Agreement shall be effective
as of the end of the current billing period in which you uninstall the Service. Syngenic may terminate this Agreement and/or suspend
the provision of the Service immediately for: illegal, fraudulent, excessive or improper use of the Service; if any portion of an
invoice not reasonably disputed in good faith as herein provided remains unpaid when due; or for breach, not subject to cure.
The Service and any software used to provide the Service or provided to you in conjunction with providing the Service, and all Services,
information, documents, and materials on Syngenic and SeatOn website are protected by copyright, trademark, or other intellectual
property laws and international treaty provisions. This Agreement gives you no rights to any such content.
Limitations Of Liability
NOTHING IN THIS LICENSE AGREEMENT (INCLUDING ANYTHING SPECIFIED IN THIS "LIMITATION OF LIABILITY" PROVISION) SHALL ATTEMPT TO EXCLUDE
OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE,
YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF ANALYTICS SERVICE DESCRIBED HEREIN. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,
OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF SYNGENIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR
DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU AGREE THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY
INCURRED BY YOU IN REASONABLE RELIANCE, NOT TO EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY
PRECEDING THE CLAIM.
Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED
BY LAW, SYNGENIC, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. NEITHER SYNGENIC NOR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WARRANTS
THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE.
NEITHER SYNGENIC NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, SYNGENIC EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY
OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
You agree to defend, indemnify, and hold Syngenic, its affiliates, and agents and any other service provider who furnishes services
to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages
relating to or arising out of the Service or this Agreement, including, but not limited to: (1) your use of the Service (including
without limitation, any person accessing the Service using your account; (2) any actual or alleged violation of this Agreement or any
applicable law, rule or regulation by you or any person accessing the Service using your account; or (3) any actual or alleged
infringement or violation by you or any person accessing the Service using your account of any intellectual property, privacy right,
or other right of any person or entity. You agree that Syngenic should not be and is not responsible for any third-party claims against
us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense
of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence.
If you have any questions or concerns regarding these Terms or our Service, contact us on email@example.com.