Restaurant Service Agreement
Version 2026-08-29-v1 · Effective 29 August 2026
Business-to-business agreement for restaurants and other hospitality businesses. It is not a consumer contract.
This agreement is between KAVIORA TECHNOLOGIES SHPK (NIPT M61628038K),Rruga Muhedin Llagani, Kompleksi Square 21, Shkallë 3, Ap. 11, Tiranë, Albania (“Kaviora”) and the restaurant or other business identified during onboarding (“Customer”). The person accepting confirms that they are acting for business purposes, are at least 18 and have authority to bind Customer. It takes effect when Customer creates its restaurant workspace after accepting this version electronically.
1. Service
Kaviora grants Customer a limited, non-exclusive, non-transferable right during the term to access OrderNow.al for its own restaurant operations. Available modules may include restaurant discovery, profiles, menus, translation/AI assistance, QR tables, dine-in and pickup requests, kitchen workflows, bill requests, bookings, inventory, analytics, staff roles and subscription administration. Actual functionality depends on the selected plan, configuration and release status. Kaviora may improve the service without materially reducing paid core functionality during a current paid term.
OrderNow.al is operational software, not a fiscal cash register, accounting service, payment processor, food-safety system or legal/tax advice. Customer remains responsible for required licences, fiscalisation, receipts, taxes, food safety, allergens, employment and consumer-law compliance.
2. Trial, plans and commercial terms
The self-service trial lasts 15 days and requires no payment card. A plan selected during onboarding is an expression of interest only. No paid subscription arises merely from account creation or trial use. A paid term begins only when Customer and Kaviora confirm the plan, price, billing cycle, taxes, start date and any setup/support fee in an order form, invoice or other durable written confirmation. That commercial confirmation controls if it conflicts with this section.
Kaviora may restrict paid features when a trial or paid term expires or an undisputed amount is overdue, after reasonable notice where practicable. Customer must raise a good-faith invoice dispute promptly. Unless the commercial confirmation states otherwise, cancellation takes effect at the end of the current prepaid billing period and fees already due are not refundable, except where law or Kaviora's breach requires otherwise.
3. Customer accounts and roles
Customer must provide accurate legal, tax and contact information; appoint only authorised users; assign least-privilege roles; protect credentials; remove departed staff promptly; and notify Kaviora of suspected compromise. Customer is responsible for activity under its accounts unless caused by Kaviora's breach. Staff invitations and role assignments are Customer's instructions to process that staff member's data.
4. Menus, orders, bookings and restaurant obligations
Customer controls and is responsible for restaurant content, prices, taxes, currency, availability, hours, ingredients, allergen/dietary information, translations, images, promotions, booking capacity and fulfilment. AI/OCR output is a draft that Customer must review before publication. Customer—not Kaviora—is the supplier to diners and must honour accepted transactions, issue required fiscal documents, provide legally required pre-contract information and operate a lawful complaint/cancellation/refund process.
5. Data protection
The Privacy Notice explains Kaviora's controller processing. For personal data processed on Customer's instructions, the Data Processing Addendum is incorporated into this agreement. Customer warrants that it has a lawful basis and has provided required notices for staff and diner data. Customer must not enter special-category, payment-card or unnecessary personal data in free-text fields or menu imports.
6. Customer content and intellectual property
Customer retains rights in its business data and content and grants Kaviora a worldwide, non-exclusive licence during the term to host, copy, process, translate, display and transmit it only as needed to operate, secure and support the service. Customer confirms it has rights to upload that content. Kaviora and its licensors retain all rights in the platform, software, documentation, branding and improvements. Feedback may be used without identifying Customer.
7. Acceptable use
Customer must not break the law; infringe rights; send unsolicited marketing; upload malware or illegal content; circumvent roles, feature gates or usage limits; access another tenant; resell, sublicense, reverse engineer or scrape the service except where a mandatory law permits; or conduct destructive/security testing without written authorisation. Customer must maintain a lawful privacy notice and communication consent process for its own diner relationships.
8. Security, continuity and support
Kaviora will use reasonable technical and organisational measures appropriate to the risk and will address confirmed vulnerabilities and incidents under its incident process. Unless a signed order form includes a service level, no guaranteed uptime or response time applies. Customer should maintain exports or source records needed to continue essential operations during an outage and must verify critical orders directly if connectivity is uncertain.
9. Confidentiality
Each party will protect non-public business, technical and security information received from the other, use it only for this relationship and disclose it only to personnel/advisers/providers bound by appropriate duties or where law requires. This does not cover information lawfully public, already known without duty, independently developed or lawfully received from another source.
10. Suspension and termination
Either party may terminate for a material breach not cured within a reasonable written cure period, or immediately where cure is impossible, unlawful processing or a serious security risk requires action, insolvency law permits, or continued service would violate law. Kaviora may temporarily suspend the minimum access necessary to contain a security/tenant-isolation threat and will notify Customer when legally and operationally possible.
On termination, Customer's access ends. On request made before termination or within a reasonable export window communicated by Kaviora, Customer may obtain an available standard export. Kaviora will then delete or return Customer Personal Data under the DPA, except for legally required, dispute-protected, security/audit or backup copies. Accrued payment, confidentiality, IP, liability, dispute and data-protection provisions survive as applicable.
11. Warranties and liability
Each party warrants it has authority to enter this agreement. Kaviora will provide the service with reasonable professional care. Except for that express commitment and rights that cannot be excluded, the service is provided as available and Kaviora does not warrant uninterrupted or error-free operation, business results, diner demand, legal compliance of Customer content or accuracy of unreviewed AI output.
To the extent permitted by law, neither party is liable for indirect or consequential loss, lost profit, lost opportunity or reputational loss that was not reasonably foreseeable. Nothing excludes or limits liability for fraud, wilful misconduct, gross negligence, breach of confidentiality/data-protection obligations, infringement, death or personal injury caused by negligence, unpaid fees, or liability that law does not allow to be limited. Any numeric cap or enhanced indemnity must be stated in the signed commercial confirmation; otherwise Albanian law determines recoverable direct loss.
12. Changes and electronic records
Before acceptance, Customer can open, save and print this agreement and the DPA. Kaviora records the accepted version, account identifier and server-side onboarding timestamp. Material changes will be notified on a durable medium or in the service. A change does not retroactively alter accrued rights. Where a material change needs acceptance, access may be conditioned on an authorised representative accepting the new version.
13. Notices, assignment and general terms
Operational notices may be sent to the account email or displayed in the service. Legal notices to Kaviora must be sent to hello@kaviora.tech. Customer may not assign this agreement without Kaviora's written consent, except with a bona fide transfer of the relevant business and written notice. Kaviora may assign it as part of a reorganisation or sale if Customer's data-protection rights are not reduced. Failure to enforce once is not a waiver. Invalid provisions are narrowed or severed; the rest remains in effect. This agreement, the DPA and confirmed commercial terms are the entire agreement for the service.
14. Law and disputes
Albanian law governs. Authorised representatives will first try in good faith to resolve a dispute within 30 days after written notice. If unresolved, the competent courts of Tiranë, Albania have jurisdiction, unless a mandatory law requires otherwise.
Electronic acceptance record
The acceptance control states that the signer acts for a business and has authority. The service records this agreement version together with the incorporated DPA version. Privacy acknowledgement is recorded separately and is not treated as consent for optional processing.