Terms of Use
(collectively, the "Service"):
1. Use
A. You are responsible for the content and accuracy of all menus and other information
submitted by you to Aptito Digital Menu Network ("Aptito") or entered into the Service
(the "Submitted Materials"). Because of the volume of information submitted to Aptito, Aptito
cannot be responsible for verifying facts contained in Submitted Materials.
B. Aptito reserves the right (i) to reject or edit Submitted Materials, provided that substantive
edits to the Submitted Materials will not be done without your consent; and (ii) to remove any
digital menu from its web site, pull any digital menu from distribution to handheld devices
(e.g., Android®, iPad®, etc.) or deny approval to any digital menu. Aptito can only remove
Submitted Materials from its network, and Aptito makes no representation or warranty regarding
the removal of Submitted Materials from sites outside of the Aptito network.
C. Aptito endeavors to disseminate Submitted Materials to customers' devices promptly and
accurately. Any inadvertent errors by Aptito will be corrected promptly upon discovery, without
additional charge, and such obligation to correct shall constitute the sole liability of Aptito in this
regard.
D. All Submitted Materials transmitted by Aptito must contain a user-supplied contact name,
physical address of the food venue, phone number and e-mail address that may be verified by
Aptito.
E. Aptito does not warrant specific placement of any digital menu, but will deliver digital menus
via its distribution methods to make such content available to third parties.
F. Where Submitted Materials include images, You grant to Aptito an exclusive revocable
license to use, copy, distribute, transmit, display and publish such images in connection with
Your digital menus. You also expressly agree not to display, transmit or use these images in any
way in connection with any services competing with Aptito.
G. You agree to use the Service for its intended purpose and not for any illicit purposes
including, but not limited to, the reverse engineering of the site and/or its processes and the
inclusion of such processes or services in a derivative service. You shall not query, spider or
access any Aptito systems without the express written consent of Aptito.
H. You agree that You are solely responsible for connectivity within your premises.
2. Suspension, Termination
A. Aptito may suspend or terminate your account at any time at its discretion. Should You
violate Section 1.F. of the present Terms of Service or revoke the Aptito's license, Aptito shall
terminate your account and suspend your access to the Service within 30 days from the date
of the violation/revocation. Notwithstanding the foregoing, if you breach any material term or
condition herein, then, in addition to any of its other rights or remedies, Aptito reserves the right
to suspend your access to the Service.
3. Billing
A. You shall pay all fees or charges to your account in accordance with the fees, charges, and
billing terms in effect at the time a fee or charge is due and payable. All payment obligations
are noncancelable and all amounts paid are nonrefundable. You must provide Aptito with valid
credit card information to use the Service. Aptito reserves the right to modify its fees and charges
and to introduce new charges at any time.
B. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you
shall be responsible for payment of all such taxes, levies, or duties, excluding only United States
(federal or state) taxes based solely on Aptito's income. If you believe your bill is incorrect, you
must contact us in writing within 30 days at the following address: Aptito Inc., 882 3rd Avenue,
8th Floor, Brooklyn, NY 11232.
C. You agree to provide Aptito with complete and accurate billing and contact information. You
agree to update this information within 30 days of any change to it. If the contact information
you have provided is false or fraudulent, Aptito reserves the right to terminate your access to the
Service in addition to pursuing any other legal remedies.
D. Unless otherwise agreed to by Aptito, amounts will be billed in U.S. dollars.
4. Warranties; Limitation of Liability
A. You represent and warrant to Aptito that (i) you have the right to deliver the Submitted
Materials to Aptito, (ii) you will comply with all applicable laws, rules and regulations, (iii)
Submitted Materials will not contain any content that is obscene, libelous, slanderous or
otherwise defamatory, false or misleading or which violates any copyright, trademark, right
of privacy or publicity or other right of any person; (iv) Submitted Materials will not contain
any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code
that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not
limited to the Service or data stored within such computer systems including, but not limited to
the Service; and (v) Aptito shall not be liable for any damages or causes of actions stemming
from any network downtime or any other connectivity issues.
B. APTITO MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES
ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR
USAGE OF TRADE), REGARDING THE SERVICE. APTITO DOES NOT WARRANT
OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING
OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN
OR MECHANICAL.
C. You understand and agree that Aptito’s entire liability for damages for any claims arising
under or in connection with your use of the Service, regardless of the cause of action, whether in
contract or in tort (including without limitation, breach of warranty and negligence claims) shall
be limited to your actual direct damages, not to exceed the amounts actually paid by you for your
use of the Service during the six (6) months immediately preceding the month in which the cause
of action arose. IN NO EVENT SHALL APTITO HAVE ANY LIABILITY TO YOU FOR
ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF
BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification
A. You shall indemnify (“Indemnitor”) and hold harmless Aptito (“Indemnitee”), its affiliated
companies and its third party vendors, including distributors, from and against any and all
claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees)
arising out of or relating to any breach by you of any representations and/or warranties contained
herein or otherwise arising out of or relating to the Submitted Materials.
6. Miscellaneous
A. Aptito facilities are governed by Federal and State regulations.
B. APTITO™ is a trademark of Aptito, Inc., and no right or license is granted to use them.
Certain content available through and used to operate the Service is protected by copyright,
trademark, patent, or other proprietary rights of Aptito and its affiliates, licensors, and/or service
providers. You shall not (i) use any of the trademarks, service marks, logos or other content
accessible through the Service other than as set forth herein or as approved by Aptito; or (ii)
modify, alter, or deface any of the trademarks, service marks, or other intellectual property made
available by Aptito in connection with the Service. All rights not expressly granted to you herein
are reserved by Aptito, Inc.
C. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed
by Aptito or its subsidiaries or affiliates. You agree not to (i) defame or disparage Aptito,
its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile,
disassemble, or reverse engineer the Service or any software or programs used in connection
with the Service.
D. You consent to receive communications from Aptito concerning the Service electronically by
email to the email address you provided in connection with your account. You also consent to
receive communications by telephone or by postal mail sent to the postal address you provided
in connection with your account. You may change the email or postal address to which Aptito
sends communications by notifying Aptito in writing (which may be by email).
E. By registering for the Service or submitting Submitted Materials, you agree to be bound by
these terms and conditions. If you are entering into this agreement on behalf of a company or
other legal entity, you represent that you have the authority to bind such entity to these terms and
conditions. Should you violate these terms and conditions or any other rights of Aptito, Aptito
reserves the right to pursue any and all legal and equitable remedies against you, including,
without limitation, terminating any and all user accounts.
F. You are responsible for all activity occurring under your account and shall abide by all
applicable local, state, national and foreign laws, treaties and regulations in connection with
your use of the Service. Your obligations shall be binding on your heirs, successors, agents,
employees, contractors and assigns.
G. Aptito reserves the right to modify these terms and conditions or its policies relating to
the Service at any time, effective upon posting of an updated version on the Service. You are
responsible for regularly reviewing these terms and conditions. Continued use of the Service
after any such changes shall constitute your consent to such changes.
H. You acknowledge and agree that you and Aptito are independent contractors, and nothing
herein shall be construed to create a partnership, joint venture, agency, or employment
relationship. Neither party has authority to enter into agreements of any kind on behalf of the
other, and neither party shall be considered the agent of the other.
I. This Agreement shall be governed by and construed under the laws of the State of New York
exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or
state courts located in the State of New York, and you submit to the personal jurisdiction thereof.
