Terms of Service

Bkeeper5000 Software Suite

Effective Date: January 1, 2025
Last Updated: January 1, 2025

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legal agreement between you ("User," "you," or "your") and Sebastian Salvador, LLC, a New York limited liability company ("Company," "we," "us," or "our"), operating under the business name Bkeeper5000, regarding your use of our software products: Bkeeper5000, BkeeperLite, and Tables (collectively, the "Software").

By purchasing, downloading, installing, or using any of our Software, you agree to be bound by these Terms. If you do not agree to these Terms, do not purchase, download, install, or use the Software.

AGE REQUIREMENT: You must be at least 18 years of age to purchase and use our Software.

2. PRODUCTS AND SERVICES

Software Products:

• Bkeeper5000 ($100): Complete restaurant point-of-sale and management suite
• BkeeperLite ($90): Retail point-of-sale and management suite
• Tables ($10): Table management application for restaurant servers

Key Features:

• Offline functionality (no internet connection required for operation)
• Point-of-sale system
• Inventory management
• Daily book and records
• Financial reporting and analytics
• Payroll calculator
• Operations calculator
• Gift cards and tabs management
• Receipt and order printing capabilities

3. LICENSE GRANT AND RESTRICTIONS

License Grant:

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license to install and use the Software solely for your internal business purposes.

Installation Limits:

Each license permits installation on up to three (3) computers or devices. Licenses are tied to the purchaser and may not be transferred, resold, or shared.

Restrictions:

You may NOT:

• Reverse engineer, decompile, or disassemble the Software
• Copy, modify, or create derivative works of the Software
• Distribute, rent, lease, lend, or sublicense the Software to third parties
• Remove or alter any proprietary notices or labels
• Use the Software for any illegal or unauthorized purpose
• Attempt to circumvent license limitations or security measures

4. SOFTWARE DISCLAIMER AND WARRANTIES

Current Status:

The Software is currently in testing phase and is provided on an "AS IS" basis.

WARRANTY DISCLAIMER:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF RESULTS
• UNINTERRUPTED OR ERROR-FREE OPERATION

No Guarantee:

Company does not warrant that the Software will meet your requirements, operate without interruption, or be free from errors, bugs, or security vulnerabilities.

5. LIMITATION OF LIABILITY

Damages Cap:

COMPANY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE.

Excluded Damages:

COMPANY SHALL NOT BE LIABLE FOR:

• LOST PROFITS OR REVENUE
• LOST DATA OR BUSINESS INTERRUPTION
• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• PUNITIVE DAMAGES
• COSTS OF SUBSTITUTE GOODS OR SERVICES

Specific Business Exclusions:

Company is not liable for:

• Lost sales due to software downtime or malfunction
• Inventory discrepancies or management decisions based on Software reports
• Tax calculation errors or compliance failures
• Accounting or financial reporting inaccuracies
• Data loss due to user error or failure to maintain backups

6. USER RESPONSIBILITIES

Data Management:

You are solely responsible for:

• Maintaining adequate backups of all data
• Ensuring data accuracy and completeness
• Protecting access credentials and passwords
• Compliance with applicable privacy laws

Legal Compliance:

You are responsible for:

• Compliance with all applicable laws and regulations
• Proper tax calculations and reporting
• Employment law compliance for payroll features
• Business license and permit requirements
• PCI DSS compliance for any payment processing integrations

System Requirements:

You must ensure your computer meets minimum system requirements (macOS or Windows operating systems).

7. INTELLECTUAL PROPERTY

Ownership:

The Software, including all code, designs, trademarks, and documentation, is owned by Company and protected by intellectual property laws.

Trademarks:

"Bkeeper5000," "BkeeperLite," and "Tables" are trademarks of Sebastian Salvador, LLC.

User Data:

You retain ownership of all data you input into the Software. Company does not access, store, or have any rights to your business data.

8. PRIVACY AND DATA COLLECTION

Offline Operation:

The Software operates offline and does not transmit your business data to Company servers.

No Data Collection:

Company does not collect, store, or have access to your business data, transactions, or customer information.

Contact Information:

Company may retain purchase information (email, name) for customer notifications only.

9. TERMINATION

Termination Rights:

Company may terminate your license immediately if you violate these Terms.

Effect of Termination:

Upon termination, you must cease all use of the Software and delete all copies from your devices.

Survival:

Disclaimer, limitation of liability, and intellectual property provisions survive termination.

10. THIRD-PARTY INTEGRATIONS

Payment Processing:

Any payment processing integrations are between you and third-party processors. Company is not responsible for third-party services, fees, or compliance requirements.

External Services:

Integration with printers, payment terminals, or other external devices is your responsibility. Company provides no warranties regarding third-party compatibility.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold Company harmless from any claims, damages, or expenses arising from:

• Your use of the Software in violation of these Terms
• Your violation of applicable laws or regulations
• Your business operations or decisions based on Software data
• Integration with unauthorized third-party systems

12. FORCE MAJEURE

Company shall not be liable for any delays or failures due to causes beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service disruptions.

13. GOVERNING LAW AND DISPUTES

Governing Law:

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

Jurisdiction:

Any disputes shall be resolved in the state or federal courts located in New York County, New York.

Limitation Period:

Any claims must be brought within one (1) year after the cause of action arises.

14. GENERAL PROVISIONS

Entire Agreement:

These Terms constitute the entire agreement between you and Company regarding the Software.

Modifications:

Company may update these Terms at any time. Continued use of the Software constitutes acceptance of updated Terms.

Severability:

If any provision is deemed unenforceable, the remaining provisions remain in full effect.

Assignment:

You may not assign your rights under these Terms. Company may assign its rights without restriction.

Contact Information:

For questions about these Terms, contact us at bkeeper5000@gmail.com.

15. ACKNOWLEDGMENT

BY PURCHASING, DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT:

1. You have read and understood these Terms
2. You agree to be bound by these Terms
3. You understand the Software is provided "AS IS" without warranties
4. You accept the limitation of liability and disclaimer provisions
5. You are at least 18 years of age
6. You have authority to enter into this agreement

Sebastian Salvador, LLC
d/b/a Bkeeper5000
Email: bkeeper5000@gmail.com

Last Updated: January 1, 2025