TERMS OF SERVICE

Last Updated: 2025-01-18

1. Introduction

Welcome to the Tomorrow.kitchen application (“Service”), a software-as-a-service platform operated by MEET FORECAST Spółka z ograniczoną odpowiedzialnością (“Company,” “we,” “us,” or “our”). MEET FORECAST Spółka z ograniczoną odpowiedzialnością is the legal name of the Tomorrow.kitchen application. These Terms of Service (“Terms”) govern your (“User” or “you”) access to and use of the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with all of these Terms, you must not use the Service.

1.1 Company Information

2. Description of the Service

We provide forecasts for businesses such as restaurants, cafés, bakeries, and similar establishments. Our Service delivers information regarding expected daily sales volume, approximate number of items sold per menu category, and hourly forecasts. Forecasts typically cover the next 14 days and are updated daily based on incoming data from the User’s connected Point-of-Sale (“POS”) system.

Accuracy of the Forecasts: You understand and agree that the accuracy of the forecasts provided may differ for various restaurants and depends on multiple factors, such as the quality of historical sales data, seasonal trends, changing market conditions, menu changes, and other external influences. While we strive to provide the best possible projections, we do not guarantee the forecasts will be accurate for every establishment under every circumstance.

3. Eligibility and Account Registration

  1. Commercial Use Only
    The Service is intended solely for commercial use by business entities or their authorized employees. By using the Service, you represent and warrant that you (a) are acting on behalf of a business entity, and (b) have the authority to bind that business entity to these Terms.
  2. Account Access
    Access to the Service is provided by one-time login links sent via email. You agree to provide accurate and up-to-date information (including your valid email address and your name) when using the Service. You are responsible for maintaining the confidentiality of these one-time login links and for any activity that occurs under your account.

4. Subscription, Fees, and Payment

  1. Subscription Fee
    We offer a single subscription plan at USD 59 per location per month. Payment must be made in accordance with the billing information provided upon registration or as subsequently updated by the User.
  2. Billing Cycle
    Subscriptions are billed on a monthly cycle. By subscribing, you authorize us (or our third-party payment processors) to charge the applicable subscription fee to the payment method you provide.
  3. Free Trial
    We offer a 7-day free trial. During the free trial, the Service is provided at no charge. After the trial period expires, Users will be charged according to the subscription plan unless the User cancels before the end of the trial.
  4. Refund Policy
    Users are entitled to request a refund only for the last month of subscription. For example, if you have been using the Service for two years and request a refund, you are only eligible for a refund for the most recent month’s charges.
  5. Payment Failure
    If payment cannot be processed, your access to new forecasts will be stopped. You are responsible for ensuring your payment information is accurate and up to date.

5. User-Generated Content and Data

  1. POS System Data
    To generate sales forecasts, you may connect your POS system so that your business’s sales data can be uploaded and processed by our models.
  2. Intellectual Property Ownership
    • Our Models and IP: All intellectual property rights related to the Service and our forecasting models (including any algorithms, designs, and updates) are and remain the exclusive property of MEET FORECAST Spółka z ograniczoną odpowiedzialnością.
    • Usage of User Data: By using the Service, you grant us the right to use your uploaded sales data to train and improve our forecasting models. This does not give you ownership over any of our models, even if they are trained in part on your data.
  3. Data Privacy
    Except for your email address and name—which may be considered personal data under certain jurisdictions—no other personal data is collected. We only process and store the sales data necessary to provide the forecasting functionality.

6. Data Protection and Privacy

  1. Separate Privacy Policy
    We maintain a separate and clearly labeled Privacy Policy. The Privacy Policy details the types of data we collect, how we use and store that data, and the methods for opting out or requesting data deletion where applicable.
  2. Compliance
    While we collect minimal personal data (email and name), we operate in compliance with relevant laws applicable in the USA and EU (including the GDPR to the extent it applies).
  3. Data Hosting
    We use DigitalOcean for data hosting and storage. By using the Service, you acknowledge that your data will be processed and stored by our chosen third-party cloud service provider.
  4. Security Measures
    We take reasonable measures to protect your data. However, you understand that no method of transmission over the internet or method of electronic storage is 100% secure.

7. Service Availability

  1. No Guaranteed Uptime
    We do not offer any specific Service Level Agreement or guarantee of continuous availability. You acknowledge that the Service may be interrupted for maintenance, upgrades, or unforeseen circumstances.
  2. Disclaimer of Liability for Downtime
    We disclaim any liability for losses or damages resulting from Service interruptions, downtime, or data loss.

8. Limitations of Liability and Disclaimers

  1. Disclaimer of Warranties
    The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including (but not limited to) warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant or guarantee any particular level of accuracy in the forecasts provided, which may vary based on multiple conditions outside our control.
  2. Limitation of Liability
    To the fullest extent permitted by law, our total liability, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with the use of the Service shall not exceed the lesser of:
    • Half of the usage costs over a 6-month period (USD 59 * 6 / 2 = USD 177), or
    • The total amounts actually paid by you to us.
    In no event shall we be liable for any indirect, consequential, incidental, special, or punitive damages, including lost profits, loss of data, or business interruption.

Some jurisdictions may not allow the exclusion or limitation of certain warranties or damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

9. Termination and Suspension

  1. Termination by the Company
    We reserve the right to suspend or terminate your account at any time, for any reason, including if you violate these Terms.
  2. Termination by the User
    You may cancel your subscription at any time. Upon cancellation, you will lose access to new forecasts once your current billing cycle ends.
  3. Effect of Termination
    Upon termination or suspension of your account, your right to use the Service ceases immediately. We may retain or delete your data in accordance with our Privacy Policy and applicable laws.

10. Governing Law and Dispute Resolution

  1. Governing Law
    These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Poland.
  2. Jurisdiction
    All disputes shall be resolved exclusively by the courts of Poland, and you hereby consent to the personal jurisdiction of such courts. Please note that some jurisdictions, including certain states in the United States, may have mandatory consumer protection laws that override contractual choice-of-law or forum provisions.

11. Miscellaneous

  1. No Support or Maintenance
    We do not provide any formal support or maintenance as part of your subscription. However, you may contact us at any time at the email address below for basic inquiries.
  2. No Acceptable Use Policy (AUP)
    We do not maintain a formal AUP. Nevertheless, you agree not to use the Service in any manner that violates applicable laws.
  3. Severability
    If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent permissible under law.
  4. No Waiver
    Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
  5. Changes to the Terms
    We reserve the right to modify these Terms at any time. If we make changes, we will post the revised Terms and update the “Last Updated” date at the top of this document. Your continued use of the Service after the posting of any changes constitutes acceptance of those changes.

12. Contact Us

For any questions, concerns, or legal inquiries regarding these Terms or the Service, please contact us at:

Email: support@tomorrow.kitchen

BY USING OR CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND AGREE TO BE BOUND BY THEM.