Legal

1. Agreement to Terms

By accessing or using MisePasse ("the Service"), operated by MisePasse Software, Inc. ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These terms apply to all users including restaurant owners, managers, and servers.

2. Description of Service

MisePasse is a web-based restaurant order management application that allows staff to take seat-based table orders, route kitchen tickets, track table status in real time, manage menus and reservations, generate shift reports, and track tips. No hardware purchase is required.

You are solely responsible for all payment processing, financial transactions, and compliance with payment card industry regulations. MisePasse has no involvement in, and accepts no liability for, any financial transactions between you and your customers.

2a. Not a Point of Sale System

MisePasse is explicitly not a Point of Sale (POS) system. It does not:

• Process, capture, or settle customer payments
• Replace your existing cash register, payment terminal, or POS system
• Integrate with payment hardware of any kind
• Generate tax receipts or official financial records for accounting purposes
• Provide payroll, inventory accounting, or food cost management
• Submit data to your state tax authority or any government body

MisePasse is designed to work alongside your existing payment and POS systems, not replace them. Any representations suggesting otherwise are not authorized by MisePasse.

3. Account Registration

To use MisePasse you must create an account with a valid email address and password. You are responsible for maintaining account security and all activity under your account. One account represents one restaurant location. Notify us immediately of unauthorized use at support@misepasse.com.

4. Free Trial

New accounts receive a 14-day free trial with full access to all features. No credit card is required to start a trial.

• Trial scope: The free trial provides access to all current features of the plan you select. Features may change over time; the trial does not constitute a guarantee of any specific feature set in future paid periods.
• Trial expiry: After 14 days, the Service is paused and you will not be able to submit new orders until a valid payment method is added. You retain read access to your data during the 30-day grace period following trial expiry.
• One trial per restaurant: The free trial is available once per restaurant. Creating multiple accounts to obtain additional free trial periods is a violation of these terms and may result in permanent suspension of all associated accounts.
• Reminder notices: We send reminder emails at 3 days and 1 day before trial expiry to the email address on your account. Failure to receive these notices (e.g. due to spam filtering) does not extend the trial period or entitle you to a refund.
• No trial for reactivated accounts: Accounts that have previously completed a trial or held a paid subscription are not eligible for an additional free trial period.
• Trial data: Data entered during your trial is your property. If you do not upgrade, your data will be retained for 30 days after trial expiry and then permanently deleted. We will send a final notice before deletion.

5. Subscription and Payment

After your free trial, continued access requires a paid subscription. Subscriptions are billed and managed via Stripe, a third-party payment processor. By subscribing, you also agree to Stripe's Terms of Service.

Current subscription plans (all prices in USD):

• Starter — $49/month or $490/year
• Pro — $99/month or $990/year
• Teams — $179/month or $1,790/year

Billing terms:

• Monthly subscriptions are billed on the same day each month. Annual subscriptions are billed in full at the start of each annual period.
• All fees are exclusive of applicable taxes. You are responsible for any sales tax, VAT, or similar tax applicable in your jurisdiction.
• Payment is processed by Stripe. MisePasse does not store your credit card number or payment instrument details on our servers.
• If a payment fails, we will retry up to 3 times over 7 days. If payment is not received after retries, your account will be suspended and you will lose the ability to submit new orders. Your data will be retained during the suspension period.
• Price changes: We reserve the right to change subscription pricing with at least 30 days written notice by email. Price changes will not affect active annual subscriptions until their next renewal date. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
• Currency: All charges are in US Dollars (USD). Your bank or card issuer may charge foreign exchange fees if your account is in a different currency. MisePasse is not responsible for these fees.
• Disputed charges: If you believe you have been charged in error, contact support@misepasse.com before initiating a chargeback. Chargebacks initiated without first contacting us may result in immediate account suspension.

6. Cancellation and Refunds

You may cancel your subscription at any time from Settings → Upgrade plan → Manage subscription. Cancellation is immediate and self-service — you do not need to contact us.

What happens when you cancel:

• Monthly subscriptions: Your access continues until the end of the current billing period. You will not be charged again. No refunds are issued for the remaining days of the current period.
• Annual subscriptions: A prorated refund of the unused portion is available if requested within 30 days of your most recent annual charge. After 30 days, no refunds are issued. Refunds are returned to your original payment method via Stripe and may take 5–10 business days to appear.
• Data after cancellation: Your data is retained for 30 days after your subscription ends. You may export your menu as a CSV at any time during this window. After 30 days, all data is permanently deleted and cannot be recovered.
• Reactivation: You may reactivate your account within the 30-day data retention window by adding a payment method. After that window, you will need to start fresh.

Refund policy exceptions:

• We do not issue refunds for partial months on monthly plans under any circumstances.
• We do not issue refunds if your account was suspended for violation of these Terms of Service.
• We do not issue refunds if you fail to cancel before an automatic renewal. We send renewal reminder emails 7 days before each annual renewal — please ensure your email address is current.
• Chargebacks or payment disputes initiated against MisePasse without first contacting us at support@misepasse.com may result in immediate permanent account termination without refund.

To request a refund within the eligible window, email support@misepasse.com with your account email and the reason for your request. We will respond within 2 business days.

7. Acceptable Use

By using MisePasse you agree to use it only for its intended purpose: restaurant order management for your own restaurant business. You agree that you will not:

• Misrepresent the Service: Tell your customers or guests that MisePasse is a payment processing system, a POS system, or any system that handles their financial data. MisePasse is a companion app and must be represented as such.
• Reverse engineer or copy: Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Service; copy, reproduce, or create derivative works based on the Service.
• Resell or sublicense: Resell, sublicense, rent, lease, or transfer your access to the Service to any third party without written permission from MisePasse.
• Unauthorized access: Attempt to gain unauthorized access to our servers, databases, or any other restaurant's data. Each restaurant's data is private and isolated — any attempt to access another restaurant's data is a violation of these terms and applicable law.
• Abuse the trial: Create multiple accounts to obtain additional free trial periods, use automated tools to create accounts, or otherwise circumvent subscription requirements.
• Upload harmful content: Upload, transmit, or store malicious code, viruses, or any content that could damage, disable, or impair the Service or other users.
• Illegal use: Use the Service in any way that violates applicable local, state, federal, or international law or regulation, including but not limited to privacy laws, consumer protection laws, and food service regulations.
• Harassment or abuse: Use the Service to harass, threaten, or harm any person, including other MisePasse users or our staff.
• Scraping or automated access: Use bots, scrapers, or automated tools to access the Service in a way that places unreasonable load on our infrastructure or extracts data at scale.

Consequences of violation: We reserve the right to suspend or permanently terminate accounts that violate these terms, without notice and without refund, at our sole discretion. We may also pursue civil or criminal remedies for serious violations including unauthorized access to our systems or other users' data.

Reporting violations: If you believe another user is violating these terms, or if you discover a security vulnerability in MisePasse, please contact us immediately at support@misepasse.com. We take security reports seriously and will respond within 24 hours.

8. Your Data

You retain full ownership of all data you enter into MisePasse, including your menu, order history, table configuration, and staff records. We do not sell your data to third parties or use it for advertising.

What MisePasse stores: menu items, order records, table layouts, reservation details, server names (as entered by you), shift notes, and app configuration settings.

What MisePasse does not store: customer names, customer contact information, payment card data, bank account details, or any personal information about your restaurant's guests. We do not collect or retain any end-customer data whatsoever.

Data export and deletion: You may export your menu data at any time via CSV from the Menu Builder. Upon cancellation, your data is retained for 30 days — during which you may request a full export — and then permanently deleted from our systems. We do not retain backups of deleted accounts beyond this period.

Data isolation: Each restaurant's data is fully isolated from all other restaurants using MisePasse. Row-level security at the database level ensures no restaurant can access another restaurant's data under any circumstances.

9. Uptime and Service Availability

We aim for high availability but do not guarantee uninterrupted access to MisePasse. Scheduled maintenance, third-party service outages (including Cloudflare, Supabase, and Stripe), and circumstances beyond our control may result in temporary unavailability.

Internet dependency: MisePasse requires an active internet connection to function. Orders cannot be submitted, and real-time sync will not operate, if your restaurant's internet connection is unavailable. You are responsible for maintaining adequate internet connectivity at your location. MisePasse is not liable for service disruptions caused by your internet service provider, local network infrastructure, or power outages at your premises.

Not a mission-critical system: MisePasse is a convenience tool designed to improve order accuracy. It is not designed or warranted for use as the sole method of order management in environments where downtime would cause unacceptable operational or financial harm. We recommend maintaining a paper backup system for use during any service outage.

MisePasse is not liable for losses, lost revenue, or operational disruption caused by service interruptions regardless of cause.

10. Intellectual Property

The MisePasse application, branding, and content are owned by MisePasse Software, Inc. and protected by copyright law. You are granted a limited, non-exclusive license to use the Service during your subscription. "MisePasse" is a trademark of MisePasse Software, Inc.

11. Limitation of Liability

To the maximum extent permitted by applicable law, MisePasse and its owners, operators, employees, and affiliates shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages of any kind
• Loss of revenue, profits, customers, or business opportunities
• Loss, corruption, or unauthorized access to data
• Wrong orders, missed orders, or order routing errors
• Financial disputes or losses between you and your customers
• Payment processing errors or disputes (which are outside MisePasse's scope)
• Service interruptions, downtime, or unavailability for any reason
• Internet connectivity failures at your location
• Actions or omissions of third-party services including Cloudflare, Supabase, Stripe, or any printer vendor

Our total aggregate liability to you for any claim arising from your use of MisePasse shall not exceed the total amount you paid us in the 12 months immediately preceding the claim.

Essential basis of bargain: You acknowledge that MisePasse has set its pricing and entered into this agreement in reliance on the limitations of liability stated herein, and that these limitations reflect a reasonable allocation of risk between the parties.

12. Governing Law

These terms are governed by the laws of the State of California, United States. Disputes shall be resolved in the courts of Los Angeles County, California.

13. Changes to Terms

We will notify you of material changes by email at least 14 days before they take effect. Continued use after changes constitutes acceptance.

14. Contact

Email: support@misepasse.com  ·  Website: misepasse.com