Terms of Use

1. Definitions

As used in these Terms:

• “Services” means the The Restaurant Index platform, data analytics tools, benchmarking dashboards, APIs, and any related software or websites operated by The Restaurant Index, Inc..
• “Data” means restaurant performance data, competitive benchmarks, market analytics, menu information, and any other information made available through the Services.
• “User Content” means any data, information, or materials you upload, submit, or transmit through the Services, including point-of-sale data, operational metrics, and integration data.
• “Subscription” means a paid plan granting access to one or more features of the Services for a defined billing period.
• “Account” means the registered account you create to access the Services.
• “Authorized Users” means employees, contractors, or agents of your organization who you permit to access the Services under your Account.

2. Acceptance of Terms

By accessing or using the Services, you represent that: (a) you are at least 18 years of age; (b) you have the authority to bind yourself or the organization on whose behalf you are acting; (c) you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy.

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the “Effective Date” above and, where appropriate, by sending notice to the email address associated with your Account. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

If you are using the Services on behalf of a company or other legal entity, your agreement to these Terms binds that entity, and references to “you” include that entity.

3. Permitted Uses

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Data solely for your internal business purposes. Permitted uses include:

• Accessing benchmarking data and competitive analytics relevant to your restaurant operations;
• Connecting point-of-sale systems and other permitted integrations to populate your dashboard;
• Generating reports and analyses for internal decision-making;
• Sharing reports and insights with Authorized Users within your organization;
• Using the Services to monitor and improve your restaurant's operational performance.

All use of the Services must comply with applicable federal, state, and local laws and regulations, including those governing data privacy, consumer protection, and employment.

4. Prohibited Uses

You agree not to, directly or indirectly:

• Use the Services or Data to compete with The Restaurant Index, including by building a competing benchmarking or analytics product;
• Resell, redistribute, sublicense, or otherwise make the Services or Data available to any third party outside your organization without our prior written consent;
• Scrape, crawl, spider, or systematically extract Data from the Services by automated means;
• Copy, reproduce, republish, or publicly display any portion of the Data beyond what is reasonably necessary for your internal business use;
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices contained in the Services or Data;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software component of the Services;
• Upload or transmit any content that is unlawful, harmful, defamatory, infringing, or otherwise objectionable;
• Interfere with or disrupt the integrity, performance, or security of the Services or any data contained therein;
• Attempt to gain unauthorized access to the Services, related systems, or networks;
• Use the Services to transmit unsolicited commercial communications or for any fraudulent purpose;
• Violate any applicable local, state, national, or international law or regulation.

We reserve the right to investigate suspected violations of these Terms and to take appropriate action, including suspending or terminating your access to the Services.

5. User Content

You retain all ownership rights in your User Content. By submitting User Content through the Services (including via integrations with third-party systems such as point-of-sale platforms), you grant The Restaurant Index, Inc. a limited, worldwide, royalty-free license to use, process, store, and display your User Content solely as necessary to provide and improve the Services.

You represent and warrant that: (a) you have all necessary rights to submit your User Content and to grant the licenses described herein; (b) your User Content does not violate any third-party intellectual property rights, privacy rights, or applicable law; and (c) your User Content does not contain any material that is unlawful, defamatory, or otherwise objectionable.

We may use aggregated, de-identified data derived from User Content across all users to calculate industry benchmarks and improve the Services, provided that such data cannot reasonably be used to identify you or your organization.

6. Subscription Plans and Payment

Certain features of the Services are available only under paid Subscription plans. By subscribing, you agree to pay all applicable fees as described on our pricing page at the time of purchase. All fees are stated in U.S. dollars and are exclusive of taxes, which are your responsibility where applicable.

Subscriptions automatically renew at the end of each billing period (monthly or annual, as selected) unless you cancel prior to the renewal date. You may cancel at any time through your Account settings or by contacting us at legal@therestaurantindex.com.

Except as required by applicable law, all fees are non-refundable. We will provide at least 30 days' advance notice of any changes to Subscription pricing. Continued use after a price change takes effect constitutes your acceptance of the new pricing.

If any payment is past due, we may suspend or terminate your access to the Services. You are responsible for all costs of collection, including reasonable attorneys' fees, for any amounts you owe.

7. Privacy and Data

Your use of the Services is subject to our Privacy Policy, incorporated into these Terms by reference. We encourage you to review our Privacy Policy carefully before using the Services.

The Restaurant Index does not sell your personal data or your User Content to third parties. Data synced from your connected integrations is used solely to generate your dashboard, benchmarks, and analytics, and is protected in accordance with our Privacy Policy.

You acknowledge that the transmission of information over the internet is not completely secure. While we implement commercially reasonable technical and organizational safeguards, we cannot guarantee the absolute security of your data.

8. Third-Party Integrations

The Services may connect to third-party platforms, including but not limited to point-of-sale systems (e.g., Square, Toast), delivery platforms (e.g., DoorDash, Uber Eats, Grubhub), and reservation systems (e.g., OpenTable, Resy). Your use of any such third-party service is governed by that service's own terms of use and privacy policy.

The Restaurant Index, Inc.does not control, endorse, or assume any liability for third-party platforms or the accuracy of data sourced from them. It is your responsibility to ensure that your use of any integration complies with the applicable third-party service's terms.

We may add, modify, or discontinue integrations at any time without notice and without liability.

9. Intellectual Property

The Services and all content, features, and functionality — including software, algorithms, code, text, graphics, logos, icons, Data, benchmarks, and analyses — are the exclusive property of The Restaurant Index, Inc. and its licensors, and are protected by United States and international intellectual property laws.

“The Restaurant Index” and all related logos and marks are trademarks of The Restaurant Index, Inc.. Nothing in these Terms grants you any right to use our trademarks, trade names, service marks, or other distinctive brand features without our prior written permission.

If you provide us with feedback, suggestions, or ideas regarding the Services (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use such Feedback for any purpose, including improving the Services, without any obligation of compensation or attribution to you.

10. Copyright / DMCA

We respect the intellectual property rights of others. If you believe that any content on the Services infringes your copyright, please send a written notice to our designated agent at legal@therestaurantindex.com with the following information:

• A physical or electronic signature of the copyright owner or authorized agent;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing and its location on the Services;
• Your contact information (name, address, telephone number, and email address);
• A statement that you have a good faith belief that the use is not authorized by the copyright owner;
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

We reserve the right to remove content alleged to be infringing and to terminate Accounts of repeat infringers.

11. Disclaimer of Warranties

THE SERVICES AND ALL DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE RESTAURANT INDEX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA OR BENCHMARKS ARE ACCURATE, COMPLETE, OR CURRENT. YOUR USE OF THE SERVICES AND RELIANCE ON ANY DATA IS ENTIRELY AT YOUR OWN RISK.

Data and benchmarks provided through the Services are for informational purposes only and do not constitute business, financial, legal, or operational advice. You are solely responsible for all business decisions you make based on information obtained through the Services.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RESTAURANT INDEX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE RESTAURANT INDEX'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Restaurant Index, Inc.and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use or misuse of the Services; (d) your violation of any applicable law or regulation; or (e) your violation of any rights of any third party.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully in asserting any available defenses.

14. Term and Termination

These Terms are effective from the date you first access the Services and continue until terminated. You may terminate your Account at any time by contacting us at legal@therestaurantindex.com or through your Account settings.

We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, effective immediately. Grounds for termination include, without limitation, violation of these Terms, fraudulent or abusive use of the Services, or non-payment of fees.

Upon termination: (a) your right to access the Services ceases immediately; (b) we may delete your Account and User Content in accordance with our data retention practices; (c) any outstanding payment obligations remain due. Sections 1, 4, 5, 9, 11, 12, 13, 15, and 16 survive termination of these Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts located in the State of Delaware, and you hereby consent to personal jurisdiction and venue in such courts.

YOU AND THE RESTAURANT INDEX AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You agree to waive any right to a jury trial in connection with any dispute arising under these Terms.

Before initiating any formal proceeding, you agree to contact us at legal@therestaurantindex.com and allow 30 days to attempt to resolve any dispute informally.

16. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Restaurant Index, Inc. with respect to the Services and supersede all prior or contemporaneous understandings, agreements, and representations.

Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce that provision in the future.

Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Force Majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, governmental action, internet or power outages, or third-party service failures.

Notices. We may provide notices to you by email, through the Services, or by posting on our website. You may provide notices to us by email at legal@therestaurantindex.com.

Export Compliance. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent that you are not located in a country subject to a U.S. government embargo.

17. Contact Us

If you have questions about these Terms, please contact us at: