Terms of Service

Last updated: January 15, 2024

1. Acceptance of Terms

Welcome to DoughOps. These Terms of Service ("Terms") govern your access to and use of the DoughOps website, applications, and services (collectively, the "Service") provided by DoughOps ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

By creating an account or using DoughOps, you represent that:

  • You are at least 18 years old
  • You have the legal authority to enter into this agreement
  • You will use the Service in compliance with all applicable laws
  • If you are accepting on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms

2. Description of Service

DoughOps is a production intelligence platform designed for donut shops and bakeries. Our Service includes:

  • AI-Powered Production Planning: Automated predictions of daily production quantities based on historical data, weather, and events
  • Sales Analytics: Tracking and analysis of sales data, including Square POS integration
  • Waste Management: Tools for logging and analyzing product waste
  • Recipe Costing: Ingredient management and cost calculation features
  • Team Management: Multi-user access with role-based permissions
  • Wholesale Management: B2B account and order management (Pro plan)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users.

3. User Accounts

3.1 Account Creation

To use DoughOps, you must create an account and provide accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring your contact information remains current

3.2 Account Security

You must use a strong, unique password and should enable any available security features. We recommend using two-factor authentication when available. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Team Members

Account owners may invite team members to access the Service. The account owner is responsible for:

  • Actions taken by team members under the account
  • Ensuring team members comply with these Terms
  • Revoking access when team members leave the organization

4. Subscriptions and Billing

4.1 Free Trial

We offer a 10-day free trial with access to Standard plan features. No credit card is required for the trial. At the end of the trial, you must subscribe to continue using the Service.

4.2 Subscription Plans

We offer tiered subscription plans (Starter, Standard, and Pro) with different features and pricing. Current pricing and features are available on our website. Prices are subject to change with 30 days notice.

4.3 Billing

  • Subscriptions are billed in advance on a monthly or annual basis
  • Payment is processed through Stripe, a third-party payment processor
  • You authorize us to charge your payment method for all applicable fees
  • Failed payments may result in service suspension

4.4 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds on a case-by-case basis at our discretion. Contact support@doughops.com to request a refund.

4.5 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access until that date. No partial refunds are provided for unused portions of billing periods.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Upload malicious code or attempt to compromise system security
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any accounts or systems
  • Use automated scripts or bots without authorization
  • Resell or redistribute the Service without permission
  • Use the Service for any illegal or fraudulent purpose
  • Transmit spam or unsolicited communications
  • Impersonate any person or entity

For detailed acceptable use guidelines, please see our Acceptable Use Policy.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by DoughOps and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The DoughOps name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DoughOps. You may not use these marks without our prior written permission.

6.2 Your License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

6.3 Feedback

If you provide us with feedback or suggestions regarding the Service, you grant us the right to use that feedback without restriction or compensation to you.

7. Your Data

7.1 Ownership

You retain all rights to the data you submit to the Service ("Your Data"). We do not claim ownership of Your Data.

7.2 License to Use Your Data

You grant us a limited license to host, store, process, and display Your Data solely for the purpose of providing the Service to you. This license terminates when you delete Your Data or close your account.

7.3 Data Processing

We process Your Data in accordance with our Privacy Policy and applicable data protection laws. For business customers requiring a Data Processing Agreement, please contact us at legal@doughops.com.

7.4 Data Export

You may export Your Data at any time through the Service's export features. Upon account termination, you will have 30 days to export Your Data before it is deleted.

7.5 Aggregated Data

We may create aggregated, anonymized data from Your Data for purposes such as improving the Service and conducting research. This aggregated data will not identify you or your business.

8. Disclaimers and Warranties

THE SERVICE IS 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
  • NON-INFRINGEMENT
  • ACCURACY OR COMPLETENESS OF DATA

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • Results obtained from the Service will be accurate or reliable
  • The quality of the Service will meet your expectations
  • Any errors in the Service will be corrected

AI-Generated Predictions: Production predictions and recommendations are based on algorithms analyzing historical data. They are suggestions only and should not be the sole basis for business decisions. We are not responsible for business outcomes based on our predictions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOUGHOPS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or business opportunities
  • Any damages resulting from unauthorized access to your account
  • Any damages resulting from interruption or errors in the Service
  • Any damages resulting from your reliance on AI predictions or recommendations

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

  • The amount you paid us in the 12 months preceding the claim, or
  • $100 USD

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless DoughOps, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Data or other content you submit to the Service
  • Your business practices or decisions

11. Termination

11.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through the Service settings.

11.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if:

  • You breach these Terms
  • You engage in fraudulent or illegal activity
  • Your payment method fails and is not corrected within 7 days
  • We are required to do so by law

11.3 Effect of Termination

Upon termination:

  • Your right to access the Service ceases immediately
  • You remain liable for all fees incurred before termination
  • Provisions that should survive termination (such as limitation of liability) will survive
  • Your Data will be deleted after 30 days unless legally required to retain it

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last updated" date
  • Sending an email to registered users for significant changes

Your continued use of the Service after changes constitutes acceptance of the new Terms. If you disagree with the changes, you must stop using the Service.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall take place in Delaware or remotely at our discretion.

For consumers in the European Union, this section does not affect your statutory rights under consumer protection laws in your country of residence.

14. Contact Us

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

  • Email: legal@doughops.com
  • Support: support@doughops.com
  • Website: https://doughops.com

By using DoughOps, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.