Terms & Conditions

1. Eligibility

The Service is intended for restaurant operators and their authorized representatives. You represent that you are at least 18 years old and have the authority to bind your business to these Terms.

2. Early-Access Program

HibachiFlow is currently offered as an early-access program. By applying:

• You understand the Service is still in active development and may change.
• Acceptance of your application is at our sole discretion. Submission does not guarantee access.
• Founding-partner pricing, if offered, is locked for the life of your active subscription and is non-transferable.

3. Account & Access

• You are responsible for keeping any credentials or API keys provided to you confidential.
• You must notify us immediately at info@prismaticsdigital.com if you suspect unauthorized use of your account.
• We may suspend or terminate your access if we believe your account has been compromised or these Terms have been violated.

4. Permitted Use

You may use the Service only for lawful purposes and only as intended. You agree not to:

• Reverse-engineer, decompile, or disassemble the Service.
• Use the Service to transmit malicious code, spam, or any content that violates applicable law.
• Resell or sublicense access to the Service without our written consent.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.

5. Point-of-Sale Integration

The Service currently integrates with Toast POS. You are responsible for maintaining a valid Toast POS account and complying with Toast’s own terms of service. We are not affiliated with or endorsed by Toast, Inc. Additional POS integrations announced in the future will be subject to their respective providers’ terms.

6. Fees & Payment

• Subscription fees, billing frequency, and payment methods will be communicated to you in writing before your subscription begins.
• All fees are in U.S. dollars and are non-refundable except as required by law or as expressly stated in your subscription agreement.
• We reserve the right to change pricing for new subscribers at any time. Existing founding-partner rates are honored for active, uninterrupted subscriptions.
• Applicable taxes (including sales tax or VAT) are your responsibility and may be added to your invoice depending on your location.

7. Intellectual Property

All software, trademarks, logos, and content comprising the Service are and remain the exclusive property of HibachiFlow or its licensors. These Terms do not grant you any ownership rights. You may not use our name, logo, or branding without our prior written permission.

8. Your Data

You retain all rights to the restaurant and order data you transmit through the Service. You grant us a limited license to process that data solely to provide and improve the Service. We handle personal data as described in our Privacy Policy.

9. Confidentiality

Any non-public information we share with you about the Service, pricing, or roadmap is confidential. You agree not to disclose it to third parties without our consent.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIBACHIFLOW AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION — ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless HibachiFlow and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any third-party rights.

13. Termination

Either party may terminate the subscription by providing written notice. Upon termination, your right to use the Service ceases immediately. Sections 7, 10, 11, 12, and 14 survive termination.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. Any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA), conducted in English. You waive any right to participate in a class action. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction.

15. Changes to These Terms

We may update these Terms at any time. We will post the revised Terms with a new effective date. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.