Subscription Terms

Subscription Terms
Last updated: 16 June 2025

These terms and conditions ("Terms") apply when you, the customer ("you") enter into an agreement with Restoke Pty Ltd ACN 636 328 553 ("Restoke", "we", "us") for the use of our restoke.ai platform ("Platform"). By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy.

1. What Restoke Does

Restoke is a restaurant operations management platform that helps businesses manage food costing, team coordination, inventory, ordering, invoicing, and accounting integrations. The Platform includes AI-powered tools to help optimize profitability and back-of-house operations.

2. Acceptance of Terms

By using the Platform, signing up for an account, or clicking "I agree" (or similar), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. This EULA is accepted by both parties in compliance with applicable laws.

3. Your Account and Information

You must create an account to access the Platform. You must:

  • Provide accurate and current information
  • Keep your login credentials secure
  • Notify us of any unauthorized use

If acting on behalf of a company, you warrant you are authorized to bind the company, which shall be the owner of the account.

4. Licence to Use

Subject to payment of the applicable Fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Platform in accordance with these Terms during your Subscription period. We may revoke this licence if you breach these Terms or misuse the Platform.

5. Subscription Term and Fees

Your Subscription begins when the first instalment is paid and continues for the selected period (monthly/yearly). Subscriptions automatically renew unless cancelled in writing at least 7 days before the end of the current term. Fees are payable in advance and exclusive of Tax. We may adjust Fees with notice and prospective effect.

Depending on your Subscription tier, usage limits (e.g., number of users) may apply.

6. Free Trials

If your Subscription begins with a free trial, we will notify you at trial end. If you do not cancel, your trial converts to a paid Subscription automatically.

7. Support

We provide support, including bug fixes and updates. Support does not include issues resulting from:

  • Unauthorized modifications
  • Operator errors
  • Non-Restoke systems or hardware
  • Failure to follow instructions or provide qualified staff

8. Account Suspension or Termination

We may suspend or terminate your account immediately if:

  • You breach these Terms and do not remedy within 7 days
  • You engage in fraud, harassment, or misuse
  • You undergo insolvency or cease business

Upon termination:

  • Access to the Platform ceases
  • We may retain payments and charge for unbilled usage or work
  • We may delete your data
  • We may pursue any available legal remedies

If your account is terminated or downgraded after billing, you will not be entitled to refunds or credits for the remaining subscription period unless required by law.

9. Customer Data

You retain ownership of all Customer Data you input. You grant us a licence to use it to provide the Platform. You are responsible for data accuracy, compliance, and ensuring required privacy consents are obtained.

10. Data Subject Rights and Privacy

You have rights regarding your personal data, including access, correction, deletion, and objection to certain uses. If you are located in the European Union, United Kingdom, California (USA), or another jurisdiction with data protection laws, you may have additional rights, including:

  • Accessing or correcting personal data
  • Requesting deletion of personal data
  • Objecting to certain types of processing
  • Requesting a copy of your data

We process personal data in accordance with our Privacy Policy. You may contact us at info@restoke.ai for questions or requests.

11. Unacceptable Use

You must not:

  • Resell or reverse engineer the Platform
  • Use it unlawfully or harm our IP/reputation
  • Harass or harm others
  • Allow unauthorized third-party access

We may notify you of additional unacceptable uses.

12. Intellectual Property

All intellectual property in the Platform remains with Restoke and its licensors. You may submit suggestions, which we may use freely without obligation.

13. Products, Content and Specifications

Product features, content, and availability may change at any time.

14. Disclaimers

We provide the Platform "as is" without warranties. We do not guarantee:

  • Fitness for purpose
  • Continuous or error-free operation
  • Data accuracy or AI output reliability

Use is at your own risk. Nothing in these Terms limits any non-excludable legal rights.

15. Limitation of Liability

To the extent permitted by law, we are not liable for indirect or consequential damages. Our liability for breach of warranty is limited to:

  • Re-performing services
  • Replacing or repairing goods

You are responsible for secure use of the Platform and your own risk mitigation strategies.

16. Use of Your Logo

You agree we may use your name and logo for portfolio purposes to indicate you are or were a customer.

17. Governing Law and Jurisdiction

If you are located in the United States, these Terms are governed by the laws of the State of Delaware, USA, and any disputes must be resolved in the courts of that state.
For all other users, these Terms are governed by the laws of Victoria, Australia, and disputes must be brought in the courts of Victoria.

18. Modifications to These Terms

We may update these Terms at any time with prospective effect by posting on our website. You can check the "Last updated" date above for the current version.