Legal terms and conditions governing the use of our restaurant analytics platform
These Terms of Service ("Terms") govern your access to and use of the restaurant guest behaviour analytics platform and related services provided by metroluxubum S.A., a company registered in Portugal with registration number 635241795, located at Rua do Comércio 130, 1047-300 Lisbon, Portugal ("metroluxubum," "we," "our," or "us").
By accessing or using our platform, website, or services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you and metroluxubum.
Your acceptance of these Terms may be indicated by: (a) clicking "I accept" or similar buttons or checkboxes made available to you; (b) executing a service agreement that references these Terms; or (c) accessing or using our services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
metroluxubum provides restaurant guest behaviour analytics platform services that help food service establishments analyse customer patterns, optimise operations, and improve business performance. Our services include data collection, analytics dashboards, reporting tools, and related consulting services as described on our website and in service agreements.
As a user of our services, you agree to:
The metroluxubum platform, including all software, technology, content, trademarks, and other intellectual property, is owned by metroluxubum or our licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use our services in accordance with these Terms and your service agreement.
You retain ownership of any data you provide to our platform ("Customer Data"). By using our services, you grant metroluxubum a licence to process, analyse, and use Customer Data solely for the purpose of providing services to you and as described in our Privacy Policy. You represent and warrant that you have all necessary rights to provide Customer Data to us and to grant the rights described in these Terms.
We are committed to protecting the privacy and security of all data processed through our platform. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. You agree to comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR), when using our services.
We strive to provide reliable and continuous access to our services, but we cannot guarantee uninterrupted availability. We may temporarily suspend access for maintenance, updates, or other operational reasons. We reserve the right to modify, update, or discontinue features of our services at any time, with reasonable notice to users when practicable.
Use of our services requires payment of applicable fees as specified in your service agreement. Fees are typically charged on a monthly or annual subscription basis. You agree to pay all fees when due and authorise us to charge your designated payment method. Late payments may result in service suspension or termination.
To the maximum extent permitted by applicable law, metroluxubum shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or relating to your use of our services, even if we have been advised of the possibility of such damages.
Our total liability to you for all claims arising out of or relating to these Terms or our services shall not exceed the amount paid by you to metroluxubum in the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.
You agree to indemnify, defend, and hold harmless metroluxubum, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to: (a) your use of our services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) your infringement of any third-party rights.
These Terms shall be governed by and construed in accordance with the laws of Portugal, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Lisbon, Portugal. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
If you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable EU consumer protection laws.
Either party may terminate these Terms and your access to our services at any time with appropriate notice as specified in your service agreement. We may immediately terminate or suspend your access if you violate these Terms or engage in conduct that we reasonably believe is harmful to our business, other users, or third parties.
Upon termination, your right to use our services will cease immediately. We will provide you with access to export your Customer Data for a reasonable period following termination, subject to applicable legal requirements. Sections of these Terms that by their nature should survive termination will remain in effect after termination.
We encourage you to contact us directly to resolve any disputes. If we cannot resolve a dispute through direct communication, disputes may be resolved through mediation or arbitration as specified in your service agreement, or through the court system as described in the Governing Law section.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. We will replace any invalid provision with a valid provision that most closely reflects our original intent.
These Terms, together with our Privacy Policy and your service agreement, constitute the entire agreement between you and metroluxubum regarding our services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
If you have questions about these Terms, please contact us at:
metroluxubum S.A.
Rua do Comércio 130
1047-300 Lisbon, Portugal
Email: legal@metroluxubum.pro
Phone: +351 212 675 131
We may update these Terms periodically to reflect changes in our services, business practices, or legal requirements. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the updated Terms.