Terms of service

Draft. TODO: This page is a working draft written by the build, not by a lawyer. Have a Michigan attorney review it before launch — particularly the SMS and privacy sections, which carry real exposure under the TCPA.

Last reviewed: TODO: date of last review

These cover the use of this website and, where you’re a customer, the subscription. Your signed order form governs if it says something different.

The subscription

A monthly fee per location, per the plan on your order form. It covers the services listed there, the hardware we install, and the support to keep both running.

We never take a percentage of your sales, on any plan, on any order. If we ever propose to, that’s a change of terms you’d have to agree to in writing.

Hardware

Tablets, screens, mini-PCs and printers we supply remain our property. We install, maintain and replace them at no charge in normal use. If equipment is lost, stolen or damaged beyond normal wear, we’ll charge replacement cost — we’ll show you the invoice.

When the subscription ends, we arrange collection within 30 days.

Billing

Monthly in advance. Yearly plans are billed up front at the discounted rate. Text overages are billed in arrears at the rate on your order form.

Setup fees are quoted in writing before any work starts and are waived on a twelve-month commitment.

Cancellation

Month-to-month: 30 days’ written notice, any time. Twelve-month term: 30 days’ notice at or after the end of the term. No exit fee either way.

If you cancel inside a twelve-month term, the waived setup fee becomes payable pro rata. That’s the only clawback.

What we need from you

Accurate menu and hours, admin access to the accounts we’re asked to manage, a working power outlet and network for the hardware, and someone on staff we can train.

For texting: that the customer contacts you give us were collected with proper consent. We build the consent flows; you shouldn’t import a list from somewhere else without telling us where it came from.

Uptime and support

We aim to answer during business hours the same day and to be on site within one business day for a hardware failure in Oakland County. This is a promise we intend to keep, not a contractual SLA with penalties — ask us for a customer to call if you want it checked.

Limits

We’re a small business. Our liability is capped at what you paid us in the prior twelve months. We’re not liable for lost profits.

TODO: Have counsel review this section, the indemnity position, and the governing-law clause below.

Governing law

Michigan law. Courts in Oakland County, Michigan.

Questions about any of this

Call (947) 270-7612 or email hello@tova.ovh. A person will answer.