End User License Agreement
Effective: May 20, 2025
This End User License Agreement (these 'Terms of Service' or the 'EULA') creates a binding agreement between you ('You,' 'Your') and Laxiera Capital LLC ('Laxiera Capital,' 'We,' 'Us,' 'Our'). Please read these Terms of Service carefully. By downloading, accessing, or using any Laxiera Capital apps, products, and/or services (collectively, the 'Services'), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Laxiera Capital's Privacy Statement ('Privacy Statement'). If you do not agree to these Terms of Service or Laxiera Capital's Privacy Policy, you may not download, access, or use the Services.
We may update or modify these Terms of Service from time to time at our discretion, and we will post the updated terms to a Laxiera Capital specific EULA. We may notify you of the updated Terms of Service via email or an on-screen (in-product) notification through the Services. The updated Terms of Service will become effective on the Effective Date indicated in the Terms of Service. Any use of the Services after the Effective Date means you have accepted the updated terms. Your only remedy if you do not accept the updated Terms of Service is to stop accessing and using the Services.
1. Services
Laxiera Capital offers a range of technology solutions to businesses using its platform. These services enable customers to engage with Laxiera Capital-powered merchants in several ways, including but not limited to: (i) placing orders for food, beverages, or other products offered by the merchant (“Purchases”); (ii) joining a waitlist or reserving a table at a participating location; (iii) exchanging messages with the merchant (“Merchant Communications”); and (iv) earning or using Laxiera Capital Cash, loyalty points, or promotional credit toward future purchases. Laxiera Capital also facilitates these transactions and processes payments on behalf of the merchant when customers use an approved payment method (“Payment Transaction”).
1.1 Opening and Accessing a LaxieraPOS Account
1.2 Confidentiality
1.3 Authorized Use of Services
2. Ownership of Content and Use of Trademarks
2.1 Laxiera Platform Ownership and Feedback
2.2 User Content
2.3 Third-Party Content
2.4 Monitoring and Enforcement
2.5 Account Integrity
2.6 Trademarks
3. Privacy and Security
Laxiera Capital values your privacy and the security of your personal information. Our Privacy Policy outlines what data we collect, how we use it, and the measures we take to safeguard your information. By using our Services, you agree to the collection, use, processing, and disclosure of your personal information as described in our Privacy Policy, available at: https://laxiera.com/privacy.
We encourage you to review our Privacy Policy thoroughly, as it is a binding part of these Terms of Service and outlines your rights regarding your data.
If you are a Merchant or a Merchant Employee, please note that certain User Content processed through the Services may be visible and accessible to your employer.
4. Limitation of Liability and Disclaimer of Warranties
4.1 No Warranties
4.2 Exclusion of Damages
4.3 Liability Cap
5. Indemnification
You agree to indemnify, defend, and hold harmless Laxiera Capital, along with its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable legal, accounting, and collection fees) arising out of or related to: (a) your use or misuse of the Services, except where due to Laxiera Capital’s gross negligence or willful misconduct; (b) your breach of these Terms, the Privacy Policy, or any applicable Laxiera Capital policies; (c) your violation of any applicable law or regulation, including privacy or consumer protection laws; (d) your use of or interaction with Third-Party Content; or (e) claims related to Laxiera Capital’s lawful use of any intellectual property you provide.
6. Termination of the Agreement
6.1 Right to Terminate
6.2 Surviving Provisions
7. Arbitration
7.1 Agreement to Arbitrate
7.2 Class Action Waiver
7.3 Pre-Arbitration Dispute Resolution
7.4 Severability
8. Compliance with Laws
8.1 Legal Compliance
8.2 Export Control
9. Miscellaneous
These Terms of Service are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict of law principles. Except as otherwise stated in Section 7 (Arbitration), any legal disputes must be resolved in the courts located in Austin, Texas.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Failure by Laxiera Capital to enforce any term will not be considered a waiver. A waiver must be in writing to be enforceable.
These Terms represent the entire agreement between you and Laxiera Capital and supersede all prior discussions or agreements, whether written or oral. Section titles are for convenience only and have no legal significance. You may not assign your rights under these Terms without prior written consent from Laxiera Capital. We may freely assign these Terms to any affiliate or successor. Please be aware that content you submit through the Services may be publicly accessible, and you should take precautions to protect any sensitive information.
10. Google-Enabled Software Applications
10.1 Applicability and Responsibility
10.2 Usage Compliance
10.3 License Terms
10.4 No Google Support or Warranties
10.5 Legal Claims and Infringement
10.6 Export Compliance and Restrictions
10.7 Marketplace Governance
11. Apple Terms of Use
If you download and use the Laxiera Capital mobile application from the Apple App Store, you agree to be bound by Apple’s Licensed Application End User License Agreement, available through the App Store.