Terms of Service

MarginAssist is a business tool built for restaurant owners and operators to track nightly sales, labor, and food cost data and receive AI-generated insights about their own numbers. It's intended for business use by adults -- you must be at least 18 years old to create an account, and the Service is not directed at, and should not be used by, anyone under 18. We don't knowingly collect information from children.

You're responsible for the accuracy of the information you provide and for keeping your login credentials secure. You're responsible for all activity that happens under your account. Tell us right away at support@marginassist.com if you believe your account has been accessed without your permission.

MarginAssist provides tools that may include nightly sales/labor/food-cost logging, AI-generated nightly insights, labor cost forecasting, day-profitability estimates, delivery margin visibility, tip-pool calculations, staff scheduling with email delivery to staff, and invoice photo capture, depending on your plan. Which features you have access to depends on your subscription tier, as described on our pricing page.

From time to time we may introduce new or experimental features, or modify, limit, or discontinue existing ones, including features specific to your subscription tier. We'll act reasonably when we do, but we don't guarantee that any particular feature will remain available indefinitely in its current form.

Some features use artificial intelligence, provided by a third-party AI provider, to analyze the data you enter and generate insights, suggestions, or summaries. These are estimates generated from the numbers you provide -- they are not professional financial, accounting, tax, or legal advice, and not a guarantee of any particular business outcome. You're responsible for your own business decisions; we recommend using your own judgment, and a qualified professional where appropriate, before acting on anything the Service surfaces.

MarginAssist offers paid subscription plans, billed monthly through our payment processor, Stripe. Some plans may include a free trial period; unless you cancel before the trial ends, the payment method on file will be automatically charged at the end of the trial and on each renewal date after that. By subscribing, you authorize us, through Stripe, to charge your payment method for all applicable fees.

You can cancel your subscription at any time from your account's billing portal. Cancellation takes effect at the end of your current billing period -- you'll keep access through the period you've already paid for, and you won't be charged again after that.

Subscription fees are billed in advance and are non-refundable for partial billing periods -- if you cancel partway through a month, you won't be charged again, but we don't refund the unused portion of the current period. If you believe you were charged in error, contact support@marginassist.com and we'll look into it.

We may change our subscription prices from time to time. If we do, the same pricing applies to every customer on a given plan going forward -- we don't charge existing customers a higher price while offering a lower one to new customers on the same plan. We'll give you advance notice before any price change takes effect on your account.

You agree not to:

• use the Service for any unlawful purpose;
• attempt to reverse-engineer, decompile, or extract the underlying methods, models, or source code of the Service;
• scrape, copy, or resell the Service or any part of it;
• share your account with people outside your business without our permission; or
• use the Service in a way that could damage, disable, or impair it — you're liable for any resulting damage or costs.

From time to time you may get access to features, pricing, or other information about the Service that hasn't been publicly announced (for example, a beta feature or something we discuss with you directly). You agree to keep that information confidential and not share it with third parties, including competitors, until we've made it public ourselves.

The business data you enter -- sales figures, labor hours, food costs, invoice photos, staff information, and similar -- belongs to you. We don't sell this data, and we don't share it with outside parties for their own purposes. We use it only to provide and improve the Service for you, as described in our Privacy Policy. You grant us a limited license to process this data, including sending it to the third-party services described below, solely to operate the Service.

If you send us feedback, ideas, or suggestions about the Service, you agree that we can use them to improve MarginAssist without any obligation or payment to you. You're not required to provide feedback, and doing so doesn't give you any ownership interest in the Service.

We rely on third-party service providers to operate MarginAssist -- for example, payment processing, data storage, email delivery, error monitoring, and AI-generated insights. We may change which providers we use at any time without changing what we do with your data or why. Using the Service means this data may be processed by these providers as needed to deliver the Service. See our Privacy Policy for more detail.

MarginAssist and its underlying software, design, methodology, and branding -- including the MarginAssist name and logo -- are our property (or licensed to us) and are protected by applicable law. These Terms don't grant you any rights to our intellectual property beyond the right to use the Service as intended, and you may not use our name, logo, or branding without our written permission.

The Service is provided “as is” and “as available.” We don't guarantee the Service will be uninterrupted or error-free, or that any insight, estimate, or forecast it provides will be accurate or will result in any particular savings or outcome for your business.

We make no warranty or representation that data submitted to, stored within, or processed by the Service shall be free from loss, corruption, delay, or unavailability, whether arising from technical failure, the acts or omissions of a third-party service provider, or any other cause whatsoever. You acknowledge and agree that you bear sole responsibility for maintaining independent copies of any records deemed material to your business operations, including without limitation invoice records and financial summaries, external to the Service. While we employ commercially reasonable measures to safeguard and preserve your data, the Service shall not be construed as a substitute for your own recordkeeping obligations.

To the fullest extent permitted by law, MarginAssist will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim arose.

You agree to indemnify and hold MarginAssist harmless from any claims, damages, or expenses arising from your misuse of the Service or your violation of these Terms.

We may suspend or terminate your access to the Service if you violate these Terms or don't pay applicable fees. You may stop using the Service and cancel your subscription at any time as described above.

Sections of these Terms that by their nature should continue after your account ends -- including Confidentiality, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution -- remain in effect after termination or cancellation.

If a dispute comes up, please contact us first at support@marginassist.com so we can try to resolve it informally. If we can't resolve it within 30 days, you and MarginAssist agree that any remaining dispute will be resolved by binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small claims court. You and MarginAssist each waive any right to a jury trial or to participate in a class action.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, internet or utility outages, or outages of a third-party service we depend on to operate MarginAssist.

These Terms, along with our Privacy Policy, make up the entire agreement between you and MarginAssist regarding the Service. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce any part of these Terms isn't a waiver of our right to do so later. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We may provide notices to you by email to the address on your account.

We may update these Terms from time to time. If we make material changes, we'll notify you (such as by email) before they take effect. Continuing to use the Service after a change takes effect means you accept the updated Terms.

Questions about these Terms? Reach us at:

support@marginassist.com
MarginAssist