For restaurants
The agreement between SyncBev and the restaurants using SommSync. Written to be read, not survived.
Effective [DATE — on publication]
Draft — not yet effective
This document is awaiting review by counsel and is published here for reference only. Remove this banner once it has been reviewed and an effective date is set.
Provider: SyncBev, Inc., an Arizona [corporation] (“SyncBev,” “we,” “us”), which provides the SommSync platform (the “Service”).
Contact: legal@syncbev.com · [MAILING ADDRESS — TO BE ADDED]
These Terms govern your restaurant's use of the Service. By creating an account, connecting a point-of-sale system, or using the Service, you agree to them. If you are agreeing on behalf of a business, you represent that you have authority to bind it.
“Customer,” “you,” and “your” mean the restaurant or hospitality business. “Guest” means a patron of your restaurant who uses a SommSync interface.
SommSync provides:
We may modify features over time. If we materially reduce functionality you rely on, we will give reasonable notice.
Accounts are created by SyncBev at your request. There is no self-signup.
Three levels of access exist: a restaurant owner account authenticated by email and password, and floor manager access authenticated by a numeric PIN that you set and control. Owner accounts are scoped to the restaurants assigned to them.
You are responsible for:
Tell us promptly if you believe an account or PIN has been compromised.
Fees, billing frequency and plan are as stated on your order or invoice. Fees are exclusive of tax.
Monthly plans renew monthly and may be cancelled with [30] days' notice effective at the end of the then-current term. Annual plans are paid in advance and are not refundable except as stated in Section 18.
If payment fails we will notify you and allow a grace period of [10] days. After that we may suspend the guest-facing interface. Suspension is not termination; your data is retained per Section 12.
We may change pricing on [60] days' notice, effective at your next renewal.
The Service generates draft descriptive content about beverages using AI. That content is a draft until you approve it. Approval is a deliberate step in the manager console, per item, and nothing reaches your guests without it.
Approval is your editorial decision and your representation that the content is acceptable for your guests. You are responsible for what your menu says.
You control the inputs the Service works from — your item names, your menu structure, your house notes, which items are visible, and which are featured. Pairing output is generated from those inputs and is not authored by you or by us as an individual recommendation.
Counsel: this is the sharpest liability in the product — please review Sections 5, 15 and 16 together.
Nutritional, health and medical claims. Nothing in the Service is nutritional or medical advice.
The Service displays and describes alcoholic beverages and may suggest them to guests.
You are responsible for compliance with all liquor licensing, advertising, labelling and responsible-service requirements in your jurisdiction, including any restriction on how alcohol may be described or promoted.
Counsel: dram shop exposure is jurisdiction-specific — please advise.
Guest email addresses collected through your SommSync interface belong to your restaurant. We do not sell them, rent them, or use them to market our own services to your guests. We handle them on your instructions and for the purpose of operating the Service.
7.1 How a guest address reaches you
A guest who emails themselves a saved menu gives us that address for that single transactional message. We do not retain it, and it does not reach you.
A guest address becomes yours only where the guest has separately and affirmatively ticked a box directing that their address be given to your restaurant. That tick is the guest's own instruction to transfer, not a term of using the menu. The box is unticked by default and will remain so; the menu is fully usable without it.
For each address we hand over, we record the date consent was given, the wording the guest agreed to, and the version of the Guest Privacy Notice in force at that moment. That record is yours as much as ours, and it is included in the export.
7.2 What we send, and what you send
SommSync sends transactional email only — the guest's own saved menu, at their request. We do not send marketing on your behalf and the Service provides no facility to do so.
Every marketing message to a guest is sent by you, from your own systems. You are the sender of record for it. This is a line we hold deliberately: sending your campaigns from our infrastructure would place your sending reputation, your complaint rate and your regulatory exposure onto a domain shared with every other restaurant we serve.
7.3 Your obligations for a list you export
Exporting the list is the point at which responsibility passes to you. You warrant that you will:
7.4 Removal
A guest may ask us to remove their address. We will remove it from the Service and tell you, but we cannot remove it from a list you have already exported — that request must go to you, and you must honour it.
Our handling of guest data is described in the Guest Privacy Notice, which you must make available to your guests.
The Service maintains a database of facts about commercially available beverage products — producer, product name, region, varietal, vintage, ABV, style, and label imagery sourced independently. These are facts about products sold publicly by third parties. SyncBev researches, compiles and maintains that database, and it is ours.
Because these are facts about publicly available products rather than anything you authored, you are not granting us a licence to your content by using the Service, and none is required.
What never enters the shared database:
Content you author remains yours. Where you correct a factual attribute of a product — a misspelled producer, a wrong region — that correction may be reviewed and, if accepted, applied to the shared record, because it is a correction of fact rather than an expression.
If we ever intend to change this boundary, we will amend these Terms under Section 18 rather than reinterpret this section.
You authorise us to access your point-of-sale system using credentials you provide, for the purpose of reading menu and item data. You are responsible for obtaining that access and for your agreement with your POS provider.
We read menu data. We do not read or store transaction, payment or guest-check data, and we do not write to your POS.
The Service depends on third-party providers, currently including [Anthropic (AI), Google Firebase (hosting, database, storage), Resend (email), Stripe (payments), SerpApi (image search), and your POS provider]. We are not responsible for their outages, changes or discontinuation, though we will make reasonable efforts to maintain equivalent functionality. A current list of sub-processors is available on request.
Counsel: confirm the Anthropic commercial API terms as stated in the Privacy Policy — customer content is not used for model training under the Commercial Terms. This was verified but should be re-verified at signature and monitored thereafter.
You will not:
We will use commercially reasonable efforts to keep the Service available. No uptime commitment is made under these Terms, and none should be inferred from availability in practice.
Consider whether an SLA is warranted at a later stage — it is a commitment that should be made deliberately, not by omission.
Support is provided by email at support@syncbev.com during ordinary business hours. Scheduled maintenance will be notified where practical.
Your printed menus, and your ability to serve guests, do not depend on the Service being available.
Your menu data, your approved content, your house notes, your settings and your guest consent records are yours.
On request during the term or within [30] days after termination, we will provide an export of your item data, approved descriptions, house notes and guest consent records in a machine-readable format.
This is currently an assisted export we perform on request, not a self-service tool. Do not describe it as self-service until it is one.
After termination we retain your data for [30] days to allow for export and for reinstatement if you return, then delete it. The shared product database is unaffected, since it contains no content of yours (Section 8).
Either party may terminate for material breach if the breach is not cured within [30] days of notice. We may suspend immediately for non-payment beyond the grace period, or where continued operation presents a security or legal risk.
Each party will protect the other's non-public information with at least reasonable care and use it only to perform under these Terms. This does not apply to information that is public, independently developed, or lawfully received from a third party, or where disclosure is legally compelled.
We maintain reasonable administrative and technical safeguards, including encryption in transit, authentication with role-scoped access, and credential storage separated from application data.
If we become aware of a breach affecting your data, we will notify you without undue delay and share what we know.
You are responsible for the security of your own devices, network, POS credentials and staff access.
Except as expressly stated, the Service is provided “as is.” We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost revenue.
Our total liability arising out of or relating to these Terms will not exceed the fees you paid in the [12] months preceding the claim.
These limits do not apply to your payment obligations, either party's breach of confidentiality, or your indemnity obligations.
You will indemnify us against third-party claims arising from: content you approved; your service of alcohol; your use of a guest list you exported (Section 7.3); and your breach of these Terms.
We own the Service, the platform, and the shared product database. You own your menu data and the content you author.
We will indemnify you against third-party claims that the Service infringes their intellectual property, provided you notify us promptly and allow us to control the defence.
We may update these Terms. For material changes we will give [30] days' notice by email. Continued use after that constitutes acceptance. If you object, you may terminate and receive a pro-rated refund of prepaid fees.
Governing law: [Arizona], without regard to conflict of laws. Venue: [COUNTY, Arizona].
Consider whether to include arbitration and class-action waiver clauses — enforceability and desirability vary, and a lawyer should advise.
These Terms are the entire agreement between us on this subject. If a provision is unenforceable, the rest survives. Neither party may assign without consent, except in connection with a merger or sale of substantially all assets.
Questions
If anything here is unclear, ask before you sign up rather than after. We would rather explain a term than argue about it later. Book a call or email support@syncbev.com.
Version [1.1] · Draft prepared [DATE]. Requires review by counsel before publication.
