Last modified August 1, 2025

SECTION 1 – GENERAL TERMS

These Terms of Service apply to the use of Rezku’s ordering kiosks, online ordering website, online ordering mobile apps, and any other information service that links to these Terms of Service. The terms “Company,” “we,” “us,” and “our” refer to Guest Innovations, Inc., its subsidiaries and affiliates, and our restaurant customers. The terms “you” and “your” refer to you in your individual capacity, and, if you use the Service on behalf of your employer, to your employer as well. We offer our Services to you only if you agree to these Terms of Service. Please read these Terms of Service carefully before using our Services. By using our Services, you warrant and represent that you meet all of the foregoing eligibility requirements and agree to be bound by these terms and conditions. By using our Services on behalf of your employer, you also warrant and represent that you are authorized by your employer to use the Services and to agree to these Terms of Service on your employer’s behalf.

By using our Services, you also warrant and represent that you have capacity to form a binding contract with us because you are at least the age of majority in your state or province of residence or you have been granted such capacity by court order, operation of law, or other legal act.

If you do not agree to all the terms and conditions of this agreement, then you may not access the Services. These Terms of Service are an offer, and acceptance is expressly limited to these Terms of Service.

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all use of the Services thereafter. It is your responsibility to check this page periodically for changes and you agree that your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

In our exclusive discretion, a breach or violation of any of these Terms of Service may result in an immediate termination or suspension of your access to any or all of the Services. In any event, we reserve the right to refuse access to the Services to anyone for any lawful reason at any time.

We reserve the right to modify or discontinue the Services (or any part thereof) at any time. You agree that we shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.

SECTION 2 – ORDERS AND SERVICE CONTENT

The purpose of the Services is to allow you to place orders at restaurants that offer that capability using the Rezku Services. When you use the Services to place orders, you are submitting your order directly to the restaurant. Any contract for supplying your order is and shall be between you and the restaurant, which shall be responsible for preparing your order and providing it to you. You agree that Guest Innovations, Inc. (including its affiliates) shall have no responsibilities or liabilities arising out of or related to any orders you place by using the Services.

All products are subject to availability at the restaurant you order from. Images and descriptions of restaurants’ offerings may vary from the actual food or drink you receive. Each restaurant independently determines its own prices and applies taxes required by law. If you discover an error in the pricing of your order or are dissatisfied with your order in any other way, please contact the restaurant directly. The decision about how to resolve any complaint is in the exclusive discretion of the restaurant.

When you place your order, you authorize us to charge your order total using the payment card or other financial account information you have provided.

The information presented on or through the Services is made available on an as-is basis. We do not warrant its accuracy, completeness, usefulness, or suitability for any purpose. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content, including tools and materials, provided by third parties outside of our control. Such content is solely the responsibility of the person or entity providing it. You acknowledge and agree that we provide access to such content “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Such content does not necessarily reflect our opinion. You agree that we shall not be responsible or liable to you, or any third party, for the content or accuracy of any such content.

Moreover, links in the Services may direct you to third-party websites or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review third parties’ policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 3 – OWNERSHIP AND INTELLECTUAL PROPERTY

By using our Services, you shall not acquire any ownership interest in any of the content in the Services. All content, including any trademarks and other intellectual property, included or incorporated in the Services is and shall continue to be the property of the Company or its licensors and shall remain protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any content of the Services or any part of the Services is prohibited, except as expressly permitted in these Terms of Service. The Company grants you a limited, revocable, non-exclusive, and non-transferrable license to use the Services and the content therein; this license may not be sub-licensed or used for republication, distribution, assignment, sublicense, sale, reverse engineering, or the development of derivative works.

If you have copyright concerns about any materials posted on the Services, please provide us with written notice including the following information:

1. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on the Services can be reached at:

Paul Katsch
Rezku POS
2480 Natomas Park Drive, Suite 250
Sacramento, CA 95833
Phone: 530.400.9715
Email: pkatsch@rezku.com

SECTION 4 – SUGGESTIONS

If you send us any creative ideas, suggestions, proposals, plans, or like materials, regardless of form (“Suggestions”), you agree that we may, at any time, use them in any medium. You agree that we shall have no obligation to maintain any Suggestions in confidence; to pay compensation for any Suggestions; or to respond to any Suggestions. You warrant and represent that your Suggestions will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Suggestions will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any malware that could impair the operation of the Services. You also agree that, unless you correctly attribute any Suggestions other than your own to another originator, all Suggestions are your own.

SECTION 5 - PROHIBITED USES

You agree you will not use our Services for any illegal or unauthorized purpose nor may you violate any applicable laws, particularly including intellectual property laws, in your use of the Services. You also agree not to transmit any malware using the Services.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally protected status or characteristic; to submit false or misleading information; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; in any manner intended to interfere with or circumvent the security features of the Services, other websites, or other services or devices on the internet; disseminate or transmit unsolicited messages; reverse engineer, decompile, disassemble, or otherwise attempt to discover or imitate the source code, underlying ideas, underlying user interface techniques, or algorithms used by or within the Services, or create a false identity or otherwise attempt to mislead the Company or any person as to the identity or origin of any communication.

SECTION 6 – PRIVACY AND PERSONAL INFORMATION

We respect your privacy and are committed to giving you the information you need to understand how to protect it. Our Privacy Policy, describes our processing of personal information in connection with the Services, the rights you may have with regard to your personal information, and how to exercise those rights. We update the Privacy Policy from time to time as our personal information processing practices and applicable laws change. We encourage you to review it regularly.

Please note that our website may incorporate third-party technologies for tracking, including website analytics, chat-based customer support, video content, and behavioral advertising. The personal information we collect as you use our website may be shared with the providers of these technologies. These technologies may involve the recording of conversations and other interactions you have with our website. The data we share with these providers may include these recordings. By using our website, you consent to this data sharing. This paragraph applies only to our website, not to the other components of our Services.

SECTION 7 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND TIMELINESS OF CLAIMS

We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. You agree that, unless you and we agree otherwise, we may interrupt or cancel the Services at any time, without notice to you. You agree that your use of, or inability to use, the Services is at your sole risk. The Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You agree that in no case shall we (including our directors, officers, employees, members, affiliates, agents, contractors, interns, suppliers, service providers, customers, and licensors) be liable for more than $50 for any injury, loss, or claim. In addition, you agree that in no case shall we be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services, or for any other claim related in any way to your use of the Services. This limit shall apply even if we have been advised of the possibility of such injuries, losses, or claims. We shall have no liability for any injury, loss, or claim for any interruption, suspension, or disruption of the Services; any errors or inaccuracies in the content available from the Services; personal injury or property damages resulting from your use of the Services or the data contained therein; or malware which may be transmitted using the Services by a third party. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

By using the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

We shall not be liable for any failure to perform occasioned by an event outside of our reasonable control (a “Force Majeure” event) including: strikes, lockouts, labor difficulties, riots, inability or difficulty in obtaining or procuring supplies, labor, or transportation, fires, storms, floods, earthquakes, explosions, pandemics, accidents, acts of God, interference by civil or military authorities, whether legal or de facto, acts of the public enemy, war, rebellion, insurrection, sabotage, embargoes, trade wars, or orders given by public authority.

SECTION 8 - INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless, along with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms of Service (including any documents they incorporate by reference), or your violation of any law or the rights of any third party.

SECTION 9 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.

SECTION 10 - ENTIRE AGREEMENT

These Terms of Service, including any materials incorporated by reference, constitute the entire agreement between us. These Terms of Service supersede any prior agreements, communications, and proposals, whether oral or written, between us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 11 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service and any dispute between us, except to the extent such dispute is governed under another agreement between you and us, shall be governed by and construed in accordance with the laws of the State of California without applying its choice-of-law rules.

You agree that, unless you opt-out by emailing us at info@rezku.com within 14 days of your first use of the Services, any claim against us or dispute with us shall be resolved in binding arbitration conducted before a single arbitrator under the American Arbitration Association’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. Such arbitration shall be conducted in Sacramento, California. Unless the arbitration is conducted solely through the presentation of written materials, the arbitrator shall allow parties and witnesses to participate via video conference or other remote attendance technologies, unless the arbitrator determines that doing so would substantially prejudice the rights of a party. You agree that the arbitrator’s award may be entered in any court of competent jurisdiction. You understand that this provision means that you will not be entitled to a jury trial in any dispute with us.

You also agree that, at least 21 days prior to commencing any arbitration proceeding (or, if you have opted out, litigation), you to agree to inform us of the nature of any dispute you have with us and the relief you seek by sending an email to info@rezku.com. Thereafter, we will contact you to try to address or resolve the dispute in a satisfactory way.

If you opt out of dispute resolution through arbitration as set forth above, You agree that any claim or dispute with us shall be resolved only in the federal or state courts within the State of California and you further expressly consent and agree to the exercise of personal jurisdiction by any state and federal courts of competent subject matter jurisdiction within California in connection with any such dispute. You also waive any objection to the resolution of any dispute between us in such courts on the basis of improper venue or forum non conveniens. You also agree to waive your right to a jury trial in connection with any controversy between us and understand that this means that a judge, rather than a jury, will resolve all factual and legal issues.

You also agree that any dispute between us shall be resolved only on an individual basis and that you (and we) waive any right to bring a claim on a class-action or representative basis or to have a claim brought in such a way by any other person or party and that any dispute between us must be filed consistent with the requirements of this section within one year of accrual or be permanently barred. You and we also agree that, to the maximum extent permitted by law, neither you nor we shall be entitled to recover any punitive or exemplary damages, regardless of the nature of the dispute between us.

SECTION 12 – MOBILE APP TERMS

This section applies if you access our online services through a mobile device running Apple’s iOS or Google’s Android operating systems. If so, the applicable terms for the platform from which you download the mobile application (“Platform Terms”), such as the Apple App Store or Google Play Store, may apply in addition to these Terms of Service. These Terms of Service incorporate and supplement such Platform Terms. You also acknowledge and agree:

• Neither Apple nor Google has any obligation at all to provide any support or maintenance services and neither are responsible for the content in the mobile application. If you have any maintenance or support questions in relation to the mobile application, or any concerns regarding content in the mobile application, please contact us rather than Google or Apple;
• Neither Google nor Apple have any responsibility for content within the mobile application. If you have any concerns regarding content in the mobile application, please contact us as described within these terms, depending on the nature of your concern;
• Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the mobile application between you and us; neither Google nor Apple shall be a party; and
• Neither Apple nor Google will be responsible or liable to you in relation to any third party claim, or the investigation, defense, settlement and discharge thereof: (i) that your possession or use (in accordance with these terms) of the  mobile application infringes any intellectual property rights; (ii) relating to any product warranties other than in the Platform Terms, whether express or implied; (iii) product liability claims; (iv) any claim that the mobile application  fails to conform to any applicable legal or regulatory requirement; and (v) claims arising under consumer protection or similar legislation.

If the mobile application that you have purchased does not conform to any warranty applying to it, you may notify Apple or Google, which may refund the purchase price of the mobile application to you subject to then-current Platform Terms. Subject to that, and to the maximum extent permitted by law, neither Apple nor Google give or enter into any warranty, condition or other term in relation to the mobile application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the mobile application or as a result of you or anyone else using the mobile application or relying on any of its content. Apple and Google shall be intended third-party beneficiaries of this section.

SECTION 13 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@rezku.com.

Last Revised: May 13, 2025

Effective Date: May 13, 2025

Rezku provides this privacy policy in connection with Rezku’s self-ordering kiosks, online ordering site, and mobile apps (collectively, the “Services”) on our own behalf as well as on behalf of the restaurants that purchase our Services to make them available to you. “We,” “our,” and “us,” refer collectively to Rezku and its customer restaurants.

We are committed to protecting the privacy and security of personal information and to transparency about how we process personal information (also known as personal data). This Privacy Policy sets forth our policies and practices for collecting and using personal information in connection with your use of our Services. This Privacy Policy does not address Rezku’s or its customers’ processing of personal information outside the context of these Services, but you may refer to Rezku’s main privacy policy for more information about how Rezku processes personal information outside of the context of the Services.

For purposes of this Privacy Policy, we regard personal information as any information that relates to an identified person or a reasonably identifiable person.

Within the context of the Services, this Privacy Policy explains how we process personal information on our own behalf and on behalf of our restaurant customers that offer our Services to their customers. It also explains how you can control certain uses and disclosures of your personal information. We will update this Privacy Policy from time to time, or as our privacy practices change, to ensure it accurately describes how we use your information on behalf of our customers. When we do so, we will make the updated Privacy Policy available on our kiosks and mobile apps. We recommend that you review this Privacy Policy from time to time for the latest information.

If you have any questions regarding this Privacy Policy or our use of your information, please contact us using one of the methods detailed below.

1. How we use and share personal information

We limit the collection and processing of personal information to what we or our customers need for our business purposes, as explained in the table below and the following text.

Please be aware that, in connection with our Services, we use third-party tracking technologies that share personal information with third parties for analytics purposes, as described in the table above.

Please note that you may provide your mobile phone number to receive text messages with information about your order. You may also elect to receive text messages for our marketing purposes and the marketing purposes of our customers. You may opt out of marketing-related messages by replying STOP to any message. Please note that applicable data and messaging rates may apply if you provide your mobile number to receive messages.

2. Disclosure and sharing

In addition to the sharing with the third parties described in the table above, we and our customers may also share your personal information with:

• Service providers. We share your personal information with third parties that provide services to us, such as billing, data storage, quality assurance, web hosting, and marketing. We engage these kinds of third parties with contracts that require them to use your personal information only to deliver the services for which we have engaged the third party and as required by law.
• Legal compliance recipients. We disclose personal information to the courts, the government, law enforcement agencies, litigants, and similar recipients when required by law.
• Successors. We may disclose personal information associated with a part of our business to a buyer, potential buyer, or other successor to our business.

We may also disclose personal information to third parties with your consent or at your direction.

3. Security, quality, and retention

We use reasonable administrative, technical, and physical safeguards to protect personal information in our possession from misuse, interference, loss, unauthorized access, unauthorized modification, or unauthorized disclosure. While we make every reasonable effort to help ensure the integrity and security of our network and systems, you should understand that no data storage system or data transmission over the internet or any other public network can be guaranteed to be completely secure, accurate, complete, or current.

When we process your payment card information, we use encryption and otherwise comply with the Payment Card Industry (PCI) standards.

We also take reasonable steps to ensure that the personal information we collect is sufficiently accurate, up-to-date, and complete for the purposes for which we process or disclose it.

We retain personal information for as long as necessary for the purposes we use it, or for the time required by law. What is necessary depends on the context and purpose of processing. We generally consider the following factors when we determine how long to retain personal information:

• retention periods established under applicable law;
• industry best practices;
• whether the purpose of processing is reasonably likely to justify further processing;
• risks to individual privacy in continued processing;
• applicable data protection impact assessment;
• information systems design considerations/limitations; and
• the costs associated with continued processing, retention, and deletion.

With regard to the personal information we process on behalf of our customers (i.e., in our role as a “service provider” or “processor,”), we recognize our responsibility to maintain appropriate security and privacy safeguards to comply with the privacy laws and regulations that may apply to us or our customers. If you have questions about any of our customers’ processing of personal information, please contact them directly.

With regard to biometric identifiers or biometric information (collectively, “Biometric Data”), it is our policy to retain this information for two years after our last interaction with you. If you wish for us to delete this information earlier, you may contact us using the information in section 9. It is also our policy to protect Biometric Data using security safeguards that are consistent both with a reasonable standard of care within our industry and with the safeguards we use to protect our other confidential and sensitive information. In the event of a security incident that may compromise the security of biometric data, we will conduct a thorough investigation to determine whether biometric data was affected. If the incident is confirmed to have compromised the security of biometric data, we will take remedial measures to prevent further compromise. In addition, in situations where the confidentiality of biometric data is compromised, we will notify the affected individuals as required by law.

4. International users

Please be aware that your personal information will be stored and processed in your local region, the United States, and other countries where our operations are located. If we transfer personal information to the United States from another jurisdiction, we will do so in a way that complies with applicable legal requirements.

5. Children’s privacy

We are very concerned about the privacy of children. We do not knowingly process any personal information from those under the age of 13 and we have designed the Services to notify users that those under the age of 13 may not use the Services.

6. Your Privacy Rights (for California Residents)

We provide the following privacy information for residents of the State of California. (Section 7, below, describes other individuals’ privacy rights.)

A. Collection of Personal Information

The following table lists the categories of personal information we have collected in connection with the Services in the last 12 months in the fashion required by Cal. Civ. Code § 1798.130(a)(5)(B)(i).

B. Collection of Sensitive Personal Information

As required by Cal. Civ. Code § 1798.100(a)(2), we disclose that we process the following categories of Sensitive Personal Information:

C. Disclosure of Personal Information for a Business Purpose

As required by Cal. Civ. Code § 1798.130(a)(5)(C), the following table lists the categories of personal information that we have “sold” or “shared for cross-context behavioral advertising” with third parties or disclosed for our business purposes in the past twelve months.

To understand more about the purposes for which we collect personal information, see section 1, above.

D. Your Rights

If you are a California resident, California law gives you several rights relating to your personal information, including:

• the “right to know,” meaning the right to request any or all of the following:
  • the specific pieces of personal information we collected about you;
  • the categories of personal information we collected;
  • the categories of sources used to collect the personal information;
  • the business or commercial purposes for collecting your personal information; and
  • the categories of third parties with whom we have shared your personal information;
• the right to request deletion of your personal information that we collected;
• the right to have someone you authorize exercise your rights on your behalf;
• the right to opt out of “sale” (as that term is defined in the law) or the sharing of personal information for cross-contextual behavioral advertising purposes (please note, however, that we do not sell or share personal information);
• the right to request the correction of errors or inaccuracies in your personal information;
• the right to restrict the processing of sensitive personal information to uses which are necessary to perform the Services or provide the goods reasonably expected by an average consumer or for specific other purposes explicitly permitted by law; and
• the right not to be discriminated against for exercising these rights.

E. Appeal process

You may appeal our decision concerning your request to exercise these legal rights. You may contact us to submit such an appeal using the contact information below. You must include sufficient information to allow us to verify your identity, reference the date and time of your previous request to exercise your legal rights, and explain why you believe our decision was insufficient or improper. We will respond to your appeal in accordance with the timelines required by applicable law.

F. Opting out of the Sale or Sharing of Personal Information

Although California law gives you the right to opt out of the selling or sharing of your personal information for cross-contextual behavioral advertising purposes, we do not sell or share personal information for cross-contextual behavioral advertising purposes in connection with the Services.

G. Exercising Your Other Rights

You may exercise these rights by contacting us per the directions in section 9, below.

Please note that we may take steps to verify your identity before granting you access to information or acting on your request to delete your information. You may designate an authorized agent to make a request to know or request to delete on your behalf. An agent may be an individual or a business entity registered with the California Secretary of State. To designate an authorized agent, you must provide the agent with written permission to submit the request. We may still require you to verify your identity directly as the law permits. We may refuse a request if the agent does not provide adequate proof of their authorization.

We may not discriminate against you for exercising your rights. This means that we may not deny you services, charge you different prices or rates for service, or provide you with a different level or quality of service (or suggest that we will do so) in response to such a request made under California law. However, as permitted by law, we may charge different prices or rates, or provide a different level or quality of services, where that difference is reasonably related to the value provided to us by your personal information.

H. Shine the Light

California’s “Shine the Light” law, Cal. Civ. Code § 1798.83, entitles California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Inquiries regarding our sharing of personal information with third parties may be directed to us using the contact information in section 9, below.

7. Your privacy rights (for residents of jurisdictions other than California)

Depending on the law in your legal jurisdiction, you may have certain rights regarding your personal information under the law. To exercise your rights, please submit a request by contacting us through any of the means outlined in section 9, below.

Your rights may include the following:

• the right to opt out of the use of personal information for targeted advertising, personal information sales, or profiling resulting in significant consequences;
• the right to confirm whether we process your personal information and to access a copy (from which we may, for security purposes, exclude certain personal information), including a copy that is in a portable data format;
• the right to the correction of inaccurate personal information;
• the right to the deletion of your personal information;
• the right not to be discriminated against for exercising any of these rights;
• the right to appeal the action we take in response to any request to exercise these rights; and
• the right to ask us to note a dispute about your personal information in our files and to advise third parties where appropriate.

Although you may also have certain rights to limit our processing of your sensitive personal information, please note that we do not process the kinds of personal information that are generally considered sensitive in connection with the Services except after we have obtained your consent for such processing.

Only you or someone legally authorized to act on your behalf may make a request related to your personal information. We will verify that any requests from persons other than you have your legal authorization. You may also make a request on behalf of your child.

Your request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or a legally authorized representative; and
• Describe your request with sufficient detail so that we can understand, evaluate, and respond to it appropriately.

You may also appeal our decision on your request using the contact information below. When you contact us to appeal, please tell us why you believe we erred in responding to your request. We will respond to your appeal in accordance with the timelines set forth in applicable law.

Consumer Health Data Privacy Policy

This section provides information about our processing of consumer health data.

A. Our Consumer Health Data Processing

Please note that we do not sell consumer health data or share consumer health data with any affiliates.

B. Your Consumer Health Data Rights

Depending on the law in your legal jurisdiction, you may have certain rights regarding your consumer health data under the law. To exercise your rights, please submit a request by contacting us through any of the means outlined in section 9, below. These include the right to withdraw your consent to processing, request the deletion of your consumer health data, and confirm whether we collect, share, or sell your consumer health data. To exercise these rights, you can contact us using the contact information in Section 9 below. When you contact us, please identify yourself and describe your request with sufficient detail so that we can understand, evaluate, and respond to it appropriately.

Only you may make a request related to your consumer health data. We will verify your identity before processing any request.

You may also have the right to appeal the action we take in response to your request and may do so using the contact information below. When you contact us to appeal, please tell us why you believe we did not properly respond to your request. We will respond to your appeal in accord with the timelines set forth in applicable law.

You also have the right to be free of discrimination for exercising your legal rights regarding your consumer health data and we do not discriminate on that basis.

9. Contacting Us

To exercise your rights or for other privacy-related inquiries, please contact us at support@rezku.com or by writing us at Guest Innovations, Inc., 2480 Natomas Park Drive, Suite 250, Sacramento, CA 95833.

Last modified February 27, 2024

1. BINDING CONTRACTUAL TERMS

By downloading or using the Rezku Prime website, Rezku POS website, Guest Innovations website, Rezku Tablet website, the or the Waitku website (collectively, the “Websites”), including all Content (as defined below) available through the Websites, the Rezku Diner mobile application provided through Apple’s App Store or the Google Play Marketplace (the “Rezku Diner App”), the Rezku Waitlist Kiosk mobile application provided through Apple’s App Store (the “Waitlist App”), the Rezku POS tablet application provided through Apple’s App Store (the “Rezku POS App”), the Rezku Tablet mobile application provided through Apple’s App Store (the “Rezku Tablet App”), the Waitku mobile application provided through Apple’s App Store (the “Waitku App,” together with the Rezku App, the Rezku POS App, the Waitlist App and the Rezku Tablet App, the “Apps”) or by accessing any associated content such as email feeds, feeds through apps or other related services provided by Guest Innovations, Inc. (collectively the “Service”), the person or entity downloading or using the Service (“You”) signify (a) that You have read and understood these Terms of Use (which include the Privacy Policy); and (b) that these Terms of Use have the same force and effect as a signed agreement. The Service is provided by Guest Innovations, Inc., a company registered in Delaware (“Guest Innovations”).

If You are accepting these Terms of Use on behalf of Your employer, You affirm that You have the authority to do so. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In addition, You affirm that You have not been previously suspended or removed from the Service.

The Rezku website, Rezku Diner App and Waitlist App are intended for use by restaurant patrons (each, a “patron user”) in order to make and manage restaurant reservations, submit reviews, sign up for a seating wait list, and other similar purposes. The Guest Innovations website, Rezku Prime website, Waitku website, Rezku POS website, Rezku Prime software, Rezku Tablet App, Waitku App, Rezku POS app and all of their respective associated support apps are intended for use by restaurants and their employees (each, a “restaurant user”) to manage front-of-house restaurant operations and/ or point of sale operations.

ATTENTION: PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING OR USING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND PRIVACY POLICY, DO NOT USE THE WEBSITE AND DO NOT USE AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

We may change these Terms of Use at any time. Please review the Terms of Use each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, and a class action wavier in Sections 3, 4, 9, 15, 16, 18, 19, 20, 21 and 23. Please review those sections (and all of the other terms) carefully.

2. PRIVACY POLICY

Our Privacy Policy describes the information Guest Innovations collects when You and others use the Service. It also describes how Guest Innovations uses any personal information You share with it. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, You are also consenting to our use of Your personal information in accordance with our Privacy Policy. Please Privacy Policy.

3. LINKS TO AND FROM THE SERVICE

The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Guest Innovations. Guest Innovations has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Guest Innovations will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE GUEST INNOVATIONS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE GUEST INNOVATIONS PARTIES”), APPLE AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.

Except as You have otherwise agreed with Guest Innovations in writing, You may link to the Websites from Your website, subject to the following: (1) You may not frame the Websites or any portion of the Websites; (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Guest Innovations, Rezku, Rezku POS, Rezku Tablet, Rezku Prime or Waitku name and not any Guest Innovations, Rezku, Rezku or Waitku logo; (4) You may not use any Guest Innovations, Rezku, POS, Rezku Tablet, Rezku Prime or Waitku logos in any way; (5) You may not use the link in any way that suggests that Guest Innovations is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Guest Innovations or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Websites at any time for any reason or no reason.

4. USER SUBMISSIONS

The Service may permit the submission of text, graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. For instance, users can post photos and reviews. You understand that whether or not such User Submissions are published or posted, Guest Innovations (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. Guest Innovations does not claim ownership of any of Your User Submissions. However, by submitting the User Submissions to Guest Innovations, You hereby grant Guest Innovations and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and Guest Innovations’ (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Use.

In connection with User Submissions, You represent and warrant that You will not: (i) submit or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Guest Innovations all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Guest Innovations or any third party; (iii) submit or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) submit or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting or submitting User Submissions. GUEST INNOVATIONS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and THE GUEST INNOVATIONS PARTIES expressly disclaim any and all liability in connection with User Submissions. Guest Innovations does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service, and Guest Innovations will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights. (See Section 10 below). Guest Innovations will not necessarily monitor User Submissions. However, Guest Innovations reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. Guest Innovations also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these Terms of Use.

You understand that when using the Service, You will be exposed to User Submissions from a variety of sources, and that Guest Innovations is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.

5. ACCESS TO THE SERVICE/USERS WHO VIOLATE TERMS OF USE

Guest Innovations may, at its sole discretion, disable or terminate the accounts of any users who violate these Terms of Use, including, but not limited to, the accounts of (i)users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (ii) users who fail to pay applicable fees for use of the Service, (iii) restaurant users who use a subscription for more than one restaurant location, with respect to Apps other than the Rezku App, and (iv) users who provide false or inaccurate information.

6. NO SHOW POLICY

Guest Innovations tracks how often You make a reservation through the Rezku website or Rezku App and fail to show up for or cancel the reservation (a “No-Show”). You may continue to attempt to make reservations through the Rezku website or Rezku App after a No-Show, but Guest Innovations may share the following information with restaurants at which You attempt to make reservations: (1) the number of reservations You have made through the Rezku website and Rezku App, and (2) the number of No-Shows You have committed. Guest Innovations will then allow the restaurant to determine if You will be allowed to make a reservation.

7. RESTRICTIONS ON USE OF THE SERVICE

In Your use of the Service, You will not:

• use the Service for any purpose other than for using the features we intentionally make available to You;
• copy, download or distribute any part of the Service in any form or medium without the prior written authorization of Guest Innovations;
• alter, modify or make derivative works from any part of the Service without the prior written authorization of Guest Innovations;
• resell or attempt to resell reservations. Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of Your reservations or termination of Your access to the Service;
• provide false personal information or create an account for anyone other than Yourself without permission;
• create another account without our permission, if we have disabled Your account;
• share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
• assign or transfer Your account or login information to anyone;
• use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
• post, transmit or submit any confidential (including social security or alternate national identity numbers, non-public phone numbers or non-public email addresses, but excluding Your or any other person's credit card information), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
• upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
• upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
• obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
• facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
• impersonate or misrepresent any person or entity or Your affiliation with someone else;
• collect personally-identifiable information of other users;
• harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
• remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
• solicit other users to join, become members of, or contribute money to any online service or other organization;
• post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• stalk or otherwise harass any person or entity;
• harm minors in any way; or
• use any discussion functionality to advertise or perform any commercial solicitation.

c) Guest Innovations can fully cooperate with any law enforcement authorities or court order requesting or directing Guest Innovations to disclose the identity of anyone violating these Terms of Use.

d) Guest Innovations believes in children’s online safety and does not wish to receive information regarding children under 13 years old. Therefore, You may not post or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Service. If You are under 13 years of age, then please do not attempt to submit any information to or use the Service.

8. INTELLECTUAL PROPERTY

Everything You see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Guest Innovations, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Guest Innovations owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Service may violate copyright, trademark, and other laws. GUEST INNOVATIONS, REZKU PRIME, REZKU TABLET REZKU POS, REZKU, MAKING RESTAURANTS MORE, and WAITKU are trademarks of Guest Innovations.

For Your personal use, You may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Guest Innovations reserves all rights not expressly granted in and to the Service and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Guest Innovations in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Guest Innovations. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.

9. ADVERTISEMENTS/RELEASE

Guest Innovations takes no responsibility for advertisements or any third party material posted on the Service, nor does it take any responsibility for the products or services provided by restaurants, hotels or other service providers with profiles or other Content on the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Guest Innovations is not liable for any loss or claim that You may have against an Advertiser.

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If You are an intellectual property owner or an agent thereof and believe that either (1) any Content or User Submissions on the Service or (2) any material or activity contained on an online location to which Guest Innovations has referred or linked users, infringes upon Your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
• information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
• a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification pursuant to the DMCA should be submitted to:

DMCA Agent
Guest Innovations
2480 Natomas Park Drive, Suite 250
Sacramento, CA 95833
530-298-7219
dmca@rezku.com

You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to Guest Innovations without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.

11. TRADEMARKS AND CELEBRITY MATERIAL

Guest Innovations responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging. Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Service and you don't have the celebrity's permission. If you are a trademark owner or a celebrity and you believe your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 10 above. To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where you believe the infringement is occurring.

12. HARDWARE

If You purchase hardware from Guest Innovations you may return printers, iPad stands, routers, switches, wiring kits, scales, scanners and cash drawers to us for any reason within 30 days of purchase. We do not accept returns or issue refunds or credits for card readers or iPads. You must return the hardware in new condition with all original manuals, supplies, and in original boxes. It is Your responsibility to pay all shipping and postage of returned items. You will be charged a 15% restocking fee for any items returned. Defective hardware can be returned to the manufacture for replacement. Each manufacture carries a different warranty. Please read the warranty information with your hardware to see the limits of manufacturers warranty. Guest Innovations does not accept Hardware for return past the initial 30 days of purchase.

13. RESERVATION MANAGEMENT SERVICES

The Rezku Prime Software, the Rezku Tablet App and the Waitku App assist restaurant users in managing reservations, waitlists, floors, tables, server rotations and walk-in guests (the “Restaurant Management Services”). The Rezku Tablet App and the Waitku App are available for a free two week trial to verifiable restaurants to restaurants in the United States, Canada and Mexico. After the two week trial you will be required to upgrade to paid software as a service. Once you upgrade you can cancel at any time; however Guest Innovations does not provide any pro-rata credits or refunds. To use the Restaurant Management Services, You will be required to provide the email address and password for the restaurant’s Guest Innovations account, a PIN number, Your restaurant’s name, address, phone number and other information necessary for Guest Innovations to verify that a valid restaurant exists at the location where the Rezku Tablet App or the Waitku App is used. Additionally, You may provide certain information about the restaurant, its patrons and employees in order to optimize the functionality of the Rezku Tablet App and the Waitku App, including names, email addresses, phone numbers, preferences, and special requests of restaurant patrons for waitlist and reservation purposes, restaurant layout and seating configuration, restaurant employee names, titles and contact information, restaurant hours, table turn times and table status. If You provide patron or restaurant employee contact information, such as phone number or email address, the Restaurant Management Services allow You to send SMS message notifications and other notifications to such patron or restaurant employee through the Apps. You acknowledge and agree that You are solely responsible for obtaining consent from patrons and restaurant employees to (i) input their personal information into the Restaurant Management Services, and (ii) contact them via SMS message or other notification. You acknowledge and agree that You are responsible for maintaining a strong and consistent internet connection at the location where the Restaurant Management Services is in use and that You are responsible for acquiring and maintaining hardware sufficient to operate the Restaurant Management Services. Accounts in good standing are granted a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access the paid for Restaurant Management Services.

14. RESERVATION SERVICES

The Rezku website and Rezku App assist patron users in securing dining reservations at participating third-party restaurants (the “Reservation Services”). To use the Reservation Services, You will be required to provide Your name, phone number, email address, and password. In response to a user’s request for a restaurant reservation through the Rezku website or Rezku App, Guest Innovations directly contacts the restaurant’s computerized database of reservations. The availability of reservations is determined at the time of Your query. All reservations are subject to the availability of the restaurants for Your specified time, date and party, and are not confirmed until You have received a confirmation email. Once You make a reservation through the Rezku website or Rezku App, Guest Innovations will provide You with confirmation of the reservation by email. By using the Reservation Services, You agree to receive reservation confirmations by email after booking a reservation through the Reservation Services. Some restaurants may require that You provide Your credit card to make a reservation, for example, if the reservation is for a large party or for special events. If the restaurant requires Your credit card for Your reservation, You will be asked to enter Your credit or debit card information during the reservation process or to use the credit or debit card You have previously submitted to Guest Innovations. By using the Rezku website and Rezku App you consent to receive SMS messages from Guest Innovations directly relating to either your reservation(s), you place on the wait list, the payment of your bill, or some aspect of dining at one of our affiliated restaurants.

The Waitlist App also assists patron users in securing seating at participating third-party restaurants. In response to Your request for seating at a physical restaurant location through the Waitlist App, Guest Innovations directly contacts the restaurant’s computerized database of tables and reservations. The availability of seating is determined at the time of Your query. Once You make a seating request through the Waitlist App, Guest Innovations will provide confirmation of the request to You through the Waitlist App. Guest Innovations will then contact You via SMS message or other notification when Your table is ready. By using the Rezku website and Rezku App You consent to receive SMS messages from Guest Innovations directly relating to either adding Your name to the restaurant's waitlist, Your place on the waitlist, notifying You when your table is ready or some other aspect of dining at one of our affiliated restaurants.

15. REZKU POS APP

The Rezku POS App and the Rezku POS website, and any integrated software and any associated software aid restaurants in point of sale operations (the "Restaurant POS Services"). To use the Restaurant POS Services, You will be required to provide Your name, phone number, email address, and password. Each employee should be given a unique user pin. Each pin can be associated with permissions tha allow or disallow that specific user access to certain functions and settings. You are responsible to restrict permissions of each user. UUse of Restaurant POS Services requires that You have an active merchant services account with a merchant services provider and that Your restaurant is located in the United States. The minimum monthly processing fee is in addition to any other service fees. After the first year, You must pre-pay yearly in advance for Restaurant POS Services. You authorize us to charge your credit card or ACH for services or fees when they become due. You agree not to dispute charges or automated payments and You further agree to pay all fees and costs associated with any chargeback requests. We do not provide refunds or partial refunds for software charges. Accounts in good standing are granted a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access the paid for Restaurant POS Services. You acknowledge and agree that You are responsible for maintaining a strong and consistent wireless internet connection at the location where the Rezku POS App is in use and that You are responsible for acquiring and maintaining hardware sufficient to operate the Restaurant POS Services and the associated hardware.

You must maintain an internet connection (Connection) to operate the Rezku POS App, process credit and debit card transactions, and generally complete electronic transactions through the Restaurant POS Services. If You temporarily lose Your Connection, the Rezku POS App may contain a feature that allows You to temporarily operate certain elements of the Restaurant POS Service and maintain data relating thereto, such as accepting credit and debit cards and storing transaction and card information, to process transactions once Your Connection is restored (“Offline Mode”). However, Offline mode contains inherent limitations. Offline Mode will not provide You with confirmation that a credit card transaction is authorized, approved, or declined until Your Connection is restored. You must establish a Connection within forty-eight (48) hours of Your Connection loss to (1) process card transactions collected during the loss, and (2) synchronize or execute any other Services that occurred during the loss that require a Connection. Offline may not maintain the Restaurant POS Services, transaction or card information, or operate forty-eight (48) hours after the Connection loss. In addition, while in Offline Mode, You may not have access or use of certain Services that are normally available when You have a Connection. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL LEGAL AND FINANCIAL RESPONSIBILITY FOR ACTIVITY THAT OCCURS DURING OFFLINE MODE, INCLUDING TRANSACTIONS AND CARD PROCESSING. GUEST INNOVATIONS DOES NOT GUARANTEE OR ASSUME ANY LIABILITY FOR YOUR TRANSACTIONS IN CONNECTION WITH OFFLINE MODE THAT MAY BE DENIED AUTHORIZATION, DECLINED, REVERSED, CHARGED BACK, DAMAGED, OR LOST, OR YOUR CONNECTION, SERVICES, OPERATIONS, OR DATA IN CONNECTION WITH OFFLINE MODE THAT ARE INTERRUPTED, DAMAGED, OR LOST, REGARDLESS FOR THE REASON FOR, OR TIME OF, SUCH EVENT.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE AND ASSUME ALL RISK AND LIABILITY WHEN USING THE REZKU POS APP'S BAR TAB FEATURE. PRE-AUTHORIZING CREDIT CARD TRANSACTION CAN INCREASE YOUR LIABILITY WITH REGARDS TO CHARGE BACKS AND CARDS NOT BEING SUCCESSFULLY CHARGED FOR THE FULL AMOUNT OF THE TRANSACTION. AS THE BAR TAB INCREASE THE REZKU POS APP DOES NOT RE-AUTHOIRZE THE HIGHER AMOUNT OF THE BAR TAB; THIS CAN RESULT IN CREDIT CARDS NOT BEING ABLE TO BE CHARGED FOR THE FULL AMOUNT OF THE TRANSACTION. YOU SHOULD ALWAYS SETTLE A BAR TRANSACTION BEFORE THE GUEST LEAVES YOUR ESTABLISHMENT.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL LEGAL AND FINANCIAL RESPONSIBILITY FOR TAXES, FINES, FEES, AND ASSOCIATED LOSSES. YOU AGREE TO DEFEND AND HOLD THE GUEST INNOVATIONS PARTIES HARMLESS OF ANY AND ALL LIABILITY CONCERNING TAXES INCLUDING, BUT NOT LIMITED TO: COLLECTING, REPORTING, DETERMINING AND CONFIGURING SETTINGS, DATA STORAGE, AND ACCURACY OF YOUR TAX COLLECTIONS AND PAYMENTS. IT IS YOUR SOLE RESPONSIBILITY TO CONSULT WITH YOUR CERTIFIED PUBLIC ACCOUNTANT OR TAX PROFESSIONAL CONCERNING SALES AND/OR USAGE TAXES.

16. PAYMENT SERVICES

Patron Payment Services. The Rezku App allows patron users to pay their bill at participating restaurants through the Rezku App (the “Patron Payment Services”). To use the Rezku App at a participating restaurant, You must: (1) install the Rezku App on a compatible mobile device; (2) make a reservation for the restaurant through the Service; (3) provide valid payment card information through the Rezku App as further described below; (4) provide and verify Your mobile phone number as further described below; and (5) have a registered account with Guest Innovations. The Patron Payment Services may not be available for all restaurants; for a list of participating restaurants, please visit the Rezku website or Rezku App. There is no additional fee for You to use the Patron Payment Services, but Your mobile carrier’s standard text message and data charges may apply; You are responsible for any fees charged by Your mobile carrier in connection with Your use of the Patron Payment Services and the Rezku App. Merchant gift cards may not be redeemed to pay Your restaurant bill through the Patron Payment Services.

1. Payment Authorization and Settlement. After You place an order at a participating restaurant, You may indicate through the Rezku App that You intend to pay Your restaurant bill using the Patron Payment Services. You may review Your bill and select the gratuity from certain options through the Rezku App. When You indicate through the Rezku App that You intend to pay Your restaurant bill using the Patron Payment Services, You authorize the restaurant to charge Your debit or credit card for the full amount of Your final bill. You may only use the Patron Payment Services to pay the full amount of the bill; no split checks or partial payments are permitted. This Agreement does not alter Your payment obligations to restaurants; You are responsible for timely payment of all amounts owed by You to any restaurant. EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, GUEST INNOVATIONS IS NOT RESPONSIBLE OR LIABLE FOR ANY PAYMENTS AUTHORIZED THROUGH THE REZKU APP USING YOUR PAYMENT CARD INFORMATION.
2. Receipts and Transaction History. As a courtesy, we will email a receipt to the email address associated with Your registered account upon completion of a transaction using the Patron Payment Services. You may print and save copies of these receipts. If You would like a paper receipt, You must request one from the restaurant at the time of the transaction.
3. Certain Limitations. You acknowledge and agree that Guest Innovations provides the Patron Payment Services only as a convenience and is not a party to Your payment transactions performed using the Patron Payment Services. Guest Innovations is an independent contractor for all purposes and is not Your agent or trustee. GUEST INNOVATIONS IS NOT RESPONSIBLE, AND HAS NO LIABILITY FOR, THE PRODUCTS OR SERVICES THAT ARE PAID FOR WITH THE PATRON PAYMENT SERVICES. GUEST INNOVATIONS IS NOT RESPONSIBLE FOR ANY OVERCHARGES OR OTHER PAYMENT DISPUTES WITH RESTAURANTS. You must resolve payment and other disputes directly with restaurants.
4. Additional Terms. See Payment Services for All Users below for additional terms that apply.

Restaurant Payment Services. The Rezku Tablet App and the Waitku App allow restaurant users to pay for certain Restaurant Management Services through the Rezku Tablet App or the Waitku App (the “Restaurant Payment Services”). To pay for the Restaurant Management Services through the Rezku Tablet App or the Waitku App, You must: (1) install the Rezku Tablet App or the Waitku App on a compatible mobile device; (2) select the service that You would like to order, including the associated monthly subscription fee; (3) provide valid payment card information as further described below; (4) provide and verify Your mobile phone number as further described below; and (5) have a registered account with Guest Innovations. There is no additional fee for You to use the Restaurant Payment Services, but Your mobile carrier’s standard text message and data charges may apply; You are responsible for any fees charged by Your mobile carrier in connection with Your use of the Restaurant Payment Services, the Rezku Tablet App and the Waitku App.

1. Payment Authorization. When You order certain Restaurant Management Services and Restaurant POS Services through the Rezku POS App, the Rezku Tablet App or the Waitku App, You authorize Guest Innovations to automatically charge the associated monthly subscription fee to Your credit card each month through the month in which You change or cancel such service. There are no set up or cancellation fees associated with any services provided through the Rezku POS App, Rezku Tablet App or the Waitku App. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
2. Service Modifications. If you cancel your subscription you will still be able to use the paid for services through the subscription time which you have pre-paid for. You will not receive a pro-rata refund or credit. If you cancel you services we may restrict or block services from you in the future
3. Location Restrictions. You acknowledge that monthly subscription charges for Restaurant Management Services and Restaurant POS Services are billed on a per location basis, and that use of the subscription service at more than one location is grounds for suspension of such service without a refund. There is no additional charge for use of any Restaurant Management Services on multiple devices at the same restaurant location.
4. Additional Terms. See Payment Services for All Users below for additional terms that apply.

Payment Services for All Users. The following conditions will apply to any transaction using the Patron Payment Services or the Restaurant Payment Services (collectively, the “Payment Services”):

1. Payment Card Information. To use the Payment Services, You must provide account information for at least one valid debit or credit card through the Websites or the Apps. Guest Innovations uses this debit or credit card account information as described in our Privacy Policy. You may add, delete, and edit the debit or credit card account information You have provided from time to time through the Websites or the Apps. If You provide account information for more than one valid debit or credit card, You must select which debit or credit card You want to use to pay Your bill. To confirm that the payment card information You have provided is accurate, we will place a temporary $1.00 authorization hold on Your debit or credit card at the time You provide Your payment card information through the Apps. After we verify that Your payment card information is accurate, usually within a few days, the $1.00 hold will be removed. Your payment card will not be charged for this $1.00 authorization. By providing debit or credit card account information through the Websites or the Apps, You represent, warrant, and covenant that: (1) You are legally authorized to provide such information to us; (2) You are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to Your use of such debit or credit card account(s) or applicable law. When You authorize a payment using a debit or credit card account, You represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.
2. Verified Mobile Phone Number. In order to use the Patron Payment Services, You must provide a valid mobile phone number through the Websites or the Apps and verify such number as instructed by us. To verify Your mobile phone number, we will send You a code via SMS message or other notification to the mobile phone number You provided, and You must enter that code as instructed in the Website or the App. If You change Your mobile phone number, You must promptly provide and verify Your new mobile phone number. When You provide Your mobile phone number, You expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages relating to the Payment Services at that number.
3. Certain Limitations. Transactions conducted through the Service are NON-REFUNDABLE. We do not provide pro-rata credits or refunds. All transactions are final. You agree that You will not attempt to circumvent any refund prohibitions with regard to transactions You conduct through the Payment Services. You will not dispute or otherwise seek a “chargeback” from the company whose credit card You used to enter a transaction. Should You do so, Your account may be cancelled, and we may, in our sole discretion, refuse to honor pending and future transactions made from all credit or debit card accounts on which such chargebacks have been made and may prohibit all persons in whose name the credit or debit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Service. Guest Innovations is not liable for any payments that the Payment Services do not complete because: (1) Your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) You have not provided us with correct payment account information; (3) Your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) that prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from Your debit or credit card account through the Payment Services, You are solely responsible for paying the applicable amount by other means. If You do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if You experience an error message or service interruption while using the Payment Services, it is Your responsibility to confirm whether or not Your transaction has been completed.

17. WARRANTIES

You warrant and represent to Guest Innovations as set out below:

1. The information provided to Guest Innovations in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to Guest Innovations is true in all respects, up-to-date and not misleading in any way.
2. You will keep the information referred to in paragraph (a) up to date.
3. You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person's identity (however, this will not prevent You from using an adopted name provided the name is used lawfully and in good faith).
4. You will use the Service lawfully and in good faith.
5. You will keep Your log-in details and password secure and will not share such information with third parties.
6. You will not use any Restaurant Management Service or Restaurant POS Services with a monthly subscription fee at more than one restaurant location.
7. For all endorsements or other reviews of restaurants or hotels (“Endorsement”) You submit through the Rezku website or Rezku App:
   1. You actually dined at the restaurant or hotel described in the Endorsement;
   2. the Endorsement reflects Your and any other person appearing in the Endorsement’s honest opinions, findings, beliefs and experience about or with the dining experience or food described in the Endorsement;
   3. You did not create the Endorsement on behalf of Your employer, any organization, or anyone other than Yourself;
   4. You are not an Expert in regard to the product or service described in the Endorsement (an “Expert” is “an individual, group, or institution possessing, as a result of experience, study, or training, knowledge of a particular subject, which knowledge is superior to what ordinary individuals generally acquire”);
   5. if You have a material connection to the restaurant or hotel (such as being an employee or receiving any payment or benefit from the restaurant or hotel in connection with creating the Endorsement), You have disclosed such material connection in the Endorsement.

18. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS. THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE RELATING TO THE SERVICE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THESE TERMS OF USE, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSIT, THE REZKU WEBSITE, REZKU, THE WAITKU WEBSITE, THE WAITKU APPS, THE REZKU APPS, OR THE REZKU APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. THE GUEST INNOVATION PARTIES, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
3. UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN
4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
5. BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

19. INDEMNITY

YOU ACKNOWLEDGE THAT THE GUEST INNOVATION PARTIES, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY RESTAURANTS, HOTELS, OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY RESTAURANTS, HOTELS, OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY RESTAURANT, HOTEL, OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE IN CONNECTION WITH

1. YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE;
2. YOUR BREACH OF ANY OF THESE TERMS OF USE;
3. YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT;
4. ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY;
5. ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR
6. ANY ACTIVITY RELATED TO YOUR APPLE ID OR OTHER INTERNET ACCOUNT, OR USING YOUR EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR EMAIL ADDRESS.

IF THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE.

20. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR TO ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM:

1. ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE GUEST INNOVATIONS PARTIES’ NEGLIGENCE,
2. ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
3. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
4. UNAUTHORIZED ACCESS TO OR USE OF GUEST INNOVATIONS’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN,
5. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
6. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY,
7. USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS;
8. ERRORS OR OMISSIONS IN ANY CONTENT; OR
9. ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY RESTAURANTS, HOTELS, OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GUEST INNOVATIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP YOUR LOG-IN DETAILS AND PASSWORD SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.

THE GUEST INNOVATIONS PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO $50 USD.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Guest Innovations from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

A party will not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power cuts, or electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by Guest Innovations, Guest Innovations will use reasonable efforts to notify users through the Service or through its website or by email communication.

21. POST, ARTICLES, AND BLOGS

YOU ACKNOWLEDGE THAT ALL POST AND ARTICLE(S) ON OUR SITE(S) AND LINKING BLOG POST ARE NOT TO BE CONSIDERED BUSINESS, LEGAL OR ACCOUNTING ADVICE. YOU FURTHER AGREE TO HOLD GUEST INNOVATIONS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM OUR POST AND ARTICLES OR ANY ACTIONS YOU OR ANY OF YOUR AGENTS TAKE AFTER READING ANY OF OUR ARTICLE(S) OR BLOG POST(S) OR PORTIONS THEREOF.

22. ASSIGNMENT

The Terms of Use, and any rights and licenses granted hereunder, may be transferred or assigned by You only with Guest Innovations’s prior written consent, but may be assigned by Guest Innovations without restriction and without notice to You.

23. CLASS ACTION WAVIER

1. Payment Card Information. To use Rezku Pay, You must provide account information for at least one valid debit or credit card through the Rezku App. Guest Innovations uses this debit or credit card account information as described in our PRIVACY POLICY You may add, delete, and edit the debit or credit card account information You have provided from time to time through the Rezku App. If You provide account information for more than one valid debit or credit card, You must select which debit or credit card You want to use to pay your restaurant bill. Merchant gift cards may not be redeemed to pay Your restaurant bill through Rezku Pay.
2. To confirm that the payment card information You have provided is accurate, we will place a temporary $1.00 authorization hold on Your debit or credit card at the time You provide Your payment card information through the Rezku App. After we verify that Your payment card information is accurate, usually within a few days, the $1.00 hold will be removed. Your payment card will not be charged for this $1.00 authorization.By providing debit or credit card account information through the Rezku App, You represent, warrant, and covenant that: (1) You are legally authorized to provide such information to us; (2) You are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to Your use of such debit or credit card account(s) or applicable law. When You authorize a payment using a debit or credit card account via the Rezku App, You represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

EXPORT CONTROL

Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which you reside.

24. GENERAL

These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use. Except as to Apple as described in the Apple required terms below, Guest Innovations and You do not intend to confer, and these Terms of Use will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than Guest Innovations, You, and their successors and assigns. No modification, alteration or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the Parties. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Guest Innovations’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You agree that the Service shall be deemed solely based in California, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over THE GUEST INNOVATIONS PARTIES in jurisdictions other than California. These Terms of Use are governed by United States and California law, without regard to conflict of law provisions, and the Parties submit to the exclusive jurisdiction of the courts of Sacramento County, California in relation to any dispute between them arising out of the subject matter of these Terms of Use.

Apple required terms:

1. Acknowledgement: Guest Innovations and You acknowledge that the Terms of Use are concluded between Guest Innovations and You only, and not with Apple, and Guest Innovations, not Apple, is solely responsible for the Service and the content thereof.
2. Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone, iPod Touch, or iPad that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and Support: As between Apple and Guest Innovations, Guest Innovations is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in the Terms of Use, or as required under applicable law. Guest Innovations and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
4. Warranty: As between Apple and Guest Innovations, Guest Innovations is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Guest Innovations’s sole responsibility.
5. Product Claims: Guest Innovations and You acknowledge that Guest Innovations, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: Guest Innovations and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Guest Innovations, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Guest Innovations may be contacted at 530-298-7219 or info@rezku.com in connection with any questions, complaints or claims with respect to the Service.
9. Third Party Beneficiary: Guest Innovations and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary thereof.

ADDITIONAL TERMS RELEVANT TO GOOGLE INC.

1. THESE TERMS OF USE constitute a license agreement in lieu of any license grant provided by Google to use the Apps on a Supported Device. A “SUPPORTED DEVICE” IS A COMBINATION OF A MOBILE DEVICE RUNNING ANDROID SOFTWARE AND AN ANDROID SOFTWARE VERSION(S) THAT IS SUPPORTED BY the Guest Innovations MOBILE APPLICATIONS THESE TERMS OF USE are made BETWEEN you and Guest Innovations only, and not with Google. Guest Innovations is solely responsible for the Guest Innovations Mobile Applications.
2. The Google Play marketplace is owned and operated by Google Inc. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of Service called the “Terms”). In addition, your use of Google Play is subject to the Google Play Business and Program Policies (http://play.google.com/about/android-developer-policies.html). The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
3. GUEST INNOVATIONS is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the GUEST INNOVATIONS Mobile Applications. Support requests, as well as questions, complaints or claims regarding the GUEST INNOVATIONS Mobile Applications, may be directed to GUEST INNOVATIONS support, 2480 Natomas Park Drive, Suite 250, SACRAMENTO, CA 95833. Users may also contact us by email at INFO@rezku.com.
4. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the GUEST INNOVATIONS Mobile ApplicationS, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
5. Google shall not be responsible for addressing any claims by you or any third party relating to the GUEST INNOVATIONS Mobile Applications or your possession and/or use of the GUEST INNOVATIONS Mobile Applications, including but not limited to (i) product liability claims, (ii) any claim that the GUEST INNOVATIONS Mobile Applications fail to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
6. Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the GUEST INNOVATIONS Mobile Applications or your possession and use thereof infringes a third party’s intellectual property rights.
7. You represent and warrant that (i) the Service(s) will not be downloaded or used in, or transported to, a country that is subject to a United States Government embargo or has been designated by the United States Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
8. For the improvement of Google Play, Google may collect certain usage statistics from Google Play and your Supported Device, including but not limited to, information on how Google Play and your Supported Device are being used. The data collected is examined in the aggregate to improve Google Play for users and developers and is maintained in accordance with Google’s Privacy Policy. We can neither control nor are responsible for the privacy practices of Google. To ensure the improvement of the GUEST INNOVATIONS Mobile Applications, limited aggregate data may be available from google to GUEST INNOVATIONS upon GUEST INNOVATIONS’ written request.
9. Removal of GUEST INNOVATIONS Mobile Applications. GUEST INNOVATIONS or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the GUEST INNOVATIONS Mobile Applications, or delete the GUEST INNOVATIONS Mobile Applications from your Supported Device, without entitling you to any refund, credit or other compensation from GUEST INNOVATIONS or any third party (including, but not limited to, Google Inc. or your network connectivity provider).

Last modified December 14, 2020

ATTENTION: PLEASE READ CAREFULLY THIS REZKU WEBSITE PRIVACY POLICY (“PRIVACY POLICY”), WHICH IS PART OF THE REZKU TERMS OF USE (“TERMS OF USE”), CAREFULLY. ANY TERMS DEFINED IN THE TERMS OF USE SHALL HAVE THE SAME MEANING IN THIS PRIVACY POLICY. THIS PRIVACY POLICY PERTAINS TO YOUR ACCESSING, DOWNLOADING, OR USING THE REZKU AND GUEST INNOVATIONS WEBSITES, INCLUDING ALL CONTENT AVAILABLE THROUGH THE WEBSITES (“Website Service”).

IF YOU HAVE RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT, PLEASE SEE THE CCPA SUPPLEMENT BELOW. IF YOU HAVE RIGHTS AS A RESIDENT OF NEVADA, PLEASE SEE THE YOUR NEVADA PRIVACY RIGHTS SECTION BELOW.

The Website Service is operated by Guest Innovations, Inc., 2480 Natomas Park Drive, Suite 250, Sacramento, CA 95833. This Privacy Policy describes the information collected through Your use of the Website Service, how We use it, how We share it, how We protect it, and the choices You can make about Your information.

ATTENTION: PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE USING OUR WEBSITE SERVICE. USING THE WEBSITE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT USE THE WEBSITE SERVICE. You acknowledge (a) that You have read and understood this Privacy Policy; and (b) this Privacy Policy shall have the same force and effect as a signed agreement.

Unless explicitly stated otherwise, any new features that augment or enhance the current Website Service shall be subject to this Privacy Policy.

If we materially change this Privacy Policy, we will let you know when you login to the Website Service and by sending an email notifying you of the changes to the email address We have on file for You. Please review the Privacy Policy each time You use the Website Service. BY USING THE WEBSITE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE PRIVACY POLICY.

I. Information We Collect

We collect information from You when You use the Website Service, contact or interact with us, and voluntarily provide us with Your comments and other content in connection with using the Website Service.

When You register or Your administrator registers You for a new customer account, We collect Your name, email address, and password. When You log in to an existing customer account, We collect Your email address and password.

When You add Your restaurant to the Website Service, we collect Your restaurant’s name, address, and any other information you provide;

When You chat through the Website Service, We collect any information You voluntarily provide;

When You contact us via phone, We may collect Your email address and any other information that You voluntarily provide to us, including the contents of any message You submit to us. When calling us, Your telephone number and name may be collected.

When you provide feedback, We may collect Your name, email address, telephone number and any other information You voluntarily provide to us.

When You pay your subscription fee for the Website Service, We may collect Your name, billing address, shipping address, billing zip code, credit card number, credit card expiration date, CVV, email address, telephone number, and other information sufficient for our payment processor to process the transaction and provide fraud screening, information security, and compliance.

When You access and use the Website Service, We automatically collect information regarding You and Your device, including Your device’s Internet Protocol address, the domain name of Your Internet Website Service provider, Your location, Your mobile device information (e.g., device model and operating system version), Your page visits, and aggregated information that cannot be used to specifically identify You. Additional information collected is described in the Analytics and Cookies sections below.

We may collect information about You from third-party sources, including any administrators of Your account.

We may combine all of the information we collect from or about You and use it in the manner described in this Privacy Policy.

II. How We Use Your Information

We use the information that We collect for several purposes, including:

• The purposes for which You provided it;
• To provide the products and Services You ordered (including, but not limited to, confirming Your order, processing and shipping Your purchase, notifying You about updates to our Website Service, and providing You with additional information about our products and Services);
• To process returns;
• To create or add to Your registered account;
• To provide information and Website Services to You;
• To process and respond to Your inquiries and comments;
• To process payment transactions (Your information will be used to submit Your payment information to our payment processor);
• To provide reports about Your restaurant transactions, labor, inventory, and operations;
• To send You information about Your relationship with us or about new projects or other information that We think You may find interesting;
• To contact You for market research purposes;
• To administer, operate, and improve the Website Service, or to further the mission of Guest Innovations;
• To personalize and enhance Your experience using the Website Service;
• To send text messages when food is ready, for low inventory alerts, for customer service alerts, for management alerts, and to send information to delivery drivers, when your table is ready, to confirm your order or reservation or wait list, to inform you of the status of your order or reservation;
• To send periodic emails. If you choose, the email address You provide may be used to send You occasional news, updates, related product or service information, etc. Note: If at any time You would like to unsubscribe from receiving future emails, We include detailed unsubscribe instructions at the bottom of each email;
• To generate and review reports and data about our user base and Website Service usage patterns;
• To analyze the accuracy, effectiveness, usability, or popularity of the Website Service;
• To compile aggregate data for internal and external business purposes;
• To prevent fraud and abuse of the Website Service and to otherwise protect users and visitors and our business;
• To assist law enforcement and respond to subpoenas; and
• To perform other business activities as needed, or as described elsewhere in this Privacy Policy.
• As explained elsewhere in this Privacy Policy, personal information We collect may be processed by our partners in providing related service (such as administration services, technical services relating to the maintenance, servicing, and upgrading of software, hosting services, customer Website Service, data migration services, payment processing services, and analytical services, among others).

III. How Your Information is Disclosed

Information may be disclosed to third parties in accordance with our Privacy Policy. Please note that a user may choose not to share certain information as described in the Analytics section below.

1. Third Party Website Service Providers and Business Partners. We may use third-party service providers and business partners to perform functions in connection with the Website Service, such as email marketing, e-commerce operations, site analytics, social sharing, relationship management, functions related to analyzing and improving the service usefulness, reliability, user experience, security, and operation, storing data, and as otherwise described in this Privacy Policy. We also may share Your personal information with these providers and partners for their direct marketing and promotional purposes and so they can provide Website Services to You.
   • 7shifts. To the extent Your employer uses 7shifts for scheduling and integrates Our system with the 7shifts system, We may share certain of Your information with 7shifts. Please see the 7shifts privacy policy for additional information about the information that may be shared: https://www.7shifts.com/privacy-policy.
   • AdRoll. We use AdRoll to facilitate our advertising campaigns. AdRoll is a remarketing provider and enables us to serve our visitors with additional relevant advertisements. AdRoll may collect Your browser information, IP address, name, email address, cookie data, operating system, and (in the case of mobile devices) your device type, and mobile device's identifier (such as the Apple IDFA or Android Advertising ID, and any other unique identifier that may be assigned to the mobile device), pseudonymous advertiser identifiers, email communications You have had with Us, actions you took on the Website Service, and other general analytics information and share it with other third parties to facilitate advertising across sites. For more information on AdRoll, please visit its privacy policy at: https://www.adrollgroup.com/privacy. AdRoll may track You across websites and devices.
   • ClickMeter. We use ClickMeter for monitoring our online marketing, clicks on our links, and analytics. ClickMeter may collect information from users including IP address. For more information, please visit ClickMeter’s privacy policy: https://www.clickmeter.com/privacy-policy.
   • Facebook. By clicking on the Facebook button on the section of the Rezku website, You will be automatically transported to the official Facebook Page for >https://www.facebook.com/rezkupos/. When You interact with Facebook social plugins, such as the share button, Facebook may collect information related to Your browser, the date and time of Your interaction with the plugin, the website You are viewing, and Your user ID.
   • Facebook Pixel. We use the Facebook Pixel to analyze user activity on the section of the Rezku website for remarketing and behavioral targeting. Facebook Business Tools link the activity on this website with the Facebook advertising network. The Facebook Pixel is triggered to establish a connection with the Facebook servers when You perform certain activities on this website. Facebook links the information with Your personal Facebook user account, and allows us to display Facebook ads to Facebooks users who have visited this website, or Facebook users who share certain characteristics with visitors to this website. Facebook may track Your activity over time and across websites. For more information about the data Facebook collects, please visit Facebook’s data policy at: https://www.facebook.com/about/privacy/update. For specific information about Facebook Pixel, please visit: https://www.facebook.com/business/help/742478679120153. While You can opt out of the collection and use of Your information for targeted advertising, You must be logged into Facebook to do this. Please visit: https://www.facebook.com/settings?tab=ads to opt out.
   • Facebook Login (Formerly Facebook Connect). We use Facebook Login/ Facebook Connect to facilitate single sign-on for our users. When You use Facebook Login/ Facebook Connect, We may be able to retrieve Your name, Instagram username and bio, profile photo, and email address. If you give permission, we may also be able to collect other types of information. For more details on the information that Facebook collects, please visit Facebook’s data policy: https://www.facebook.com/policy.php.
   • Freshdesk. We use Freshdesk for customer support. In the course of this work, Freshworks may receive your name, e-mail address, postal address, location, designation, telephone number, and other information. Please visit Freshworks' privacy policy for more details: https://www.freshworks.com/privacy/?_ga=2.103485127.674540283.1564609489-1532091495.1564609489.
   • Google AdWords. Google AdWords is part of the DoubleClick/Google Ad Manager advertising platform which creates, transacts, and manages digital advertising. Google AdWords tracks conversions specific to campaigns. Google AdWords sends cookies to browsers, and may store web requests, dates and times of web requests, IP addresses, browser types, and browser languages. For more information on the information that Google AdWords collects, please visit the Google privacy policy: https://policies.google.com/privacy?hl=en.
   • Google Recaptcha. We use Google Recaptcha for security and fraud prevention. For more information about Google’s privacy practices, please see https://policies.google.com/privacy?hl=en-GB.
   • Imgix. We use Imgix in connection with images optimization. For more information about personal information Imgix may collect from users, please see https://www.imgix.com/privacy.
   • Instagram. By clicking on the Instagram button on the section of the Rezku website, You will be automatically transported to the official Instagram Page for , https://www.instagram.com/rezkupos/
   • IPStack. We use IPStack to determine the location of your IP address for use in online ordering. Please see https://ipstack.com/privacy for information about IPStack’s privacy practices.
   • LinkedIn. When You share blog content using LinkedIn from the Rezku account https://www.linkedin.com/company/rezku, LinkedIn may collect information related to Your IP address, operating system, web browser, proxy server, and device identifiers, as well as the URLs of both the website from which You came, and the one You visit next. For more information, please visit the LinkedIn privacy policy: https://www.linkedin.com/legal/privacy-policy
   • MailChimp. We use MailChimp to disseminate newsletters and other marketing materials. MailChimp may collect information from users subscribing to and reading Guest Innovations newsletters, including name, physical address, email address, IP address, operating system, browser ID, browsing activity, phone number, details including gender, occupation, and other demographic information, information about Your device, and information about Your interaction with an email. For more information, please visit MailChimp’s privacy policy: https://mailchimp.com/legal/privacy/.
   • Mailjet. We use Mailjet for email marketing and analytics. Mailjet may collect your email address and other information in connection with providing these Website Services. For more information, please visit Mailjet’s privacy policy: https://www.mailjet.com/privacy-policy/.
   • Microsoft Advertising (Formerly Bing Ads). We use Microsoft Advertising to provide You with relevant advertising as You visit our Website Service. Microsoft Advertising may collect information related to Your interests, activities, purchases, location, Your search queries, the content You view, Your IP address, and Your advertising ID. For more information on what Microsoft Advertising may collect, please visit the Microsoft privacy policy: https://privacy.microsoft.com/en-us/PrivacyStatement.
   • Postmark. We use Postmark for email marketing. Postmark may collect your email address and other personal information. For more information on what Postmark may collect, please visit the Wildbit privacy policy which covers the Postmark app at https://wildbit.com/privacy-policy.
   • Rollbar. We use Rollbar to help with error tracking and exception reporting. In the course of this work, Rollbar may collect Your name, email address, device information, such as a description of the error or bug You experienced while using a product, and any other information You elect to share with Rollbar in the context of reporting or tracking the error You experienced. See https://docs.rollbar.com/docs/privacy-policy/ for more information about Rollbar’s Website Services and privacy policy.
   • TeamViewer. We use TeamViewer for remote desktop access and support. Please see TeamViewer’s privacy policy for information it may collect from You, https://www.teamviewer.com/en/privacy-policy/.
   • Twitter. By clicking on the Twitter button on the section of the Rezku website, You will automatically be transported to the official Twitter feed of https://twitter.com/rezkupos. When You share a link with Your followers using the Tweet Button, Twitter may collect log data, such as the webpage You are visiting, as well as Your IP address, operating system, browser type, and information related to cookies.
   • ZenDesk. We use ZenDesk to communicate with users regarding customer Website Service inquiries. ZenDesk may collect information from users including name, physical address, email address, IP address, browser type, phone number, details including gender, other demographic information, and any other information the user chooses to provide through the platform. For more information, please visit ZenDesk's privacy policy: https://www.zendesk.com/company/customers-partners/privacy-policy/.
   • YouTube. By clicking on any videos on the Website Service or the portion of the Rezku website, YouTube may collect information related to Your location, the browser and device You use, the websites You visit, the queries You search, the ads You view, and the videos You watch. For more information, please visit the Google privacy policy: https://policies.google.com/privacy?hl=en-US.
   • Zoho Assist. We use Zoho Assist to help users with remote support. For information about the personal information Zoho may collect in connection with remote support, please visit https://www.zoho.com/privacy.html.
2. Payment Processing. Any payment information You provide through the Website Service may be shared with and may be stored by our payment processors (listed below) and is subject to their privacy policies, including in the case of data breach. You may review the:
   • Authorize.Net privacy policy at https://www.authorize.net/about-us/privacy/.
   • Zoho privacy policy at https://www.zoho.com/privacy.html.
   • Worldpay privacy policy at https://www.fisglobal.com/en/privacy.
   • Ziosk privacy policy at https://www.ziosk.com/privacy/.
   • Monetra/TranSafe privacy policy at https://portal.transafe.com/privacy.
   • USAePay privacy policy at https://usaepay.info/policy.
   • Magensa privacy policy at https://www.magtek.com/about/policy?tab=privacy.
   • Adyen Privacy Policy at https://www.adyen.com/privacy-policy
3. Your Employer/Administrator of Your Account. Administrators at Your employer have access to all administrator and staff personal information stored in Your Website Service account.
4. Business Changes. If We become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all of our business otherwise changes, We may transfer Your information to a third party or parties in connection therewith.
5. Affiliates. We may also share Your information with our affiliates for purposes consistent with this Privacy Policy. Our affiliates will be required to maintain that information in accordance with this Privacy Policy.
6. Investigations and Law. We may disclose information about You to third parties if We believe that such disclosure is necessary to:
   • Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
   • Investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, the rights, reputation, safety, and property of us, users or others, or violations of our policies or other agreements with us;
   • Respond to claims and legal process (for example, subpoenas); and/or
   • Protect against legal liability.
7. Aggregated Information. We may share aggregated information relating to users of the Website Service with affiliated or unaffiliated third parties. This aggregated information does not contain personal information about any user.
8. Analytics. We use third-party analytics tools to better understand who is using the Website Service and how people are using it. These tools may use cookies and other technologies to collect information about Your use of the Website Service and Your preferences and activities. These tools collect information sent by Your device or the Website Service and other information that assists us in improving the Website Service. This information may be used to analyze and track data, determine the popularity of certain content, and better understand Your online activity, among other things.

We use Google Analytics to better understand who is using the Website Service and how people are using it. Google Analytics uses cookies to collect and store information, such as Website Service pages visited, places where users click, time spent on each Website Service page, Internet Protocol address, type of operating system used, location-based data, device ID, search history, gender, age, and phone number. We use this information to improve the Website Service and as otherwise described in this Privacy Policy. Please see https://policies.google.com/technologies/partner-sites for information about how Google Analytics uses this information, and visit https://tools.google.com/dlpage/gaoptout for information about the Google Analytics Opt-out Browser Add-on. Google may track your activity over time and across websites.

We use Clarity, a behavioral analytics tool from Microsoft that records user sessions and provides information about users, to better understand who is using the Website Service and how people use it. Please see https://clarity.microsoft.com/ for information about how Microsoft interacts with user information.

We use Google Firebase to detect and fix crashes. Specifically, We use Firebase Crashlytics. As part of these Website Services, Google may collect information related to Your password, email address, telephone number, user agent, IP address, instance ID, crash traces, activity within the apps, breakpad minidump formatted data (for NDK crashes), and other stored device information relevant to debugging crashes. For more information, please visit the Google privacy policy at: https://policies.google.com/privacy?hl=en-US. We may deliver advertisements to You. We may work with third-party advertising companies that help deliver these advertisements to You. To learn more about third-party online advertising and to opt out of certain types of advertising, please see: http://www.networkadvertising.org/managing/opt_out.asp.

IV. Security

We implement a variety of security measures to protect the safety of Your personal information when You enter, submit, or access Your personal information. Please keep Your account password secure to help ensure the safety of Your personal information.

While We take reasonable measures to protect the information You submit via the Website Service against loss, theft, and unauthorized use, disclosure, or modification, We cannot guarantee its absolute security. No Internet, email, or mobile application transmission is ever fully secure or error free. Email or other messages sent through the Website Service may not be secure. You should use caution whenever submitting information through the Website Service and take special care in deciding with which information You provide us.

We cannot guarantee that transmissions of Your personal information will be fully secure and that third parties will never be able to defeat our security measures or the security measures of our partners. WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD PARTY ACCESS, OR CAUSES BEYOND OUR CONTROL.

Any information collected through the Website Service is stored and processed in the United States. If you use our Website Service outside of the United States, You consent to have Your data transferred to the United States.

V. Data Retention Policy, Managing Your Information

We will retain Your information for as long as You use the Website Service and for a reasonable time thereafter. We may maintain anonymized or aggregated data, including usage data, for analytics purposes. We may retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and/or for the period required by laws in applicable jurisdictions. Please note that some or all of the information We have collected may be required for the Website Service to function properly.

VI. Links to Other Websites or Applications

This Privacy Policy applies only to the Website Service. The Website Service may contain links to other websites or apps or may forward users to other websites or apps that We may not own or operate and to which this Privacy Policy does not apply. The links from the Website Service do not imply that We endorse or have reviewed these websites or apps. The policies and procedures We describe here do not apply to these websites or apps. We neither can control nor are responsible for the privacy practices or content of these websites or apps. We suggest contacting these websites or app providers directly for information on their privacy policies. Nonetheless, we seek to protect the integrity of our Website Service, and welcome any feedback about these linked websites and mobile applications.

VII. Your Choices Regarding Your Information

You have choices regarding the use of information by the Website Service.

• Changing Your Information To change Your information, You may log in to Your account's control panel and go to the MyAccount page. If you are unable to log in to Your account, please contact us at support@rezku.com.
• Closing Your Account You may close Your account by contacting us at support@rezku.com. If the email account associated with Your email address is not active, We may close Your account without notice.

VIII. Children

Our Website Service is not intended for children under 13 years of age. We do not knowingly collect personal information from an individual under age 13. If You are under the age of 13, please do not submit any personal information through the Website Service. If You have reason to believe that We may have accidentally received personal information from an individual under age 13, please contact us immediately at support@rezku.com.

IX. Changes to Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this Privacy Policy periodically, and especially before You provide any information. This Privacy Policy was made effective on the date indicated above.

X. How to Contact Us

Please feel free to contact us by email at support@rezku.com, or by writing us at Guest Innovations, Inc., 2480 Natomas Park Drive, Suite 250, Sacramento, CA 95833, if You have any questions about this Privacy Policy.

XI. Your Nevada Privacy Right

The Nevada Revised Statutes (NRS 603A.300 et seq.) permit a Nevada consumer to direct an operator of an Internet website or online Website Service to refrain from making any sale of any covered information the operator has collected or will collect about that consumer. You may submit a request pursuant to this directive by emailing us at support@rezku.com. We will provide further information about how We verify the authenticity of the request and Your identity.

Supplement for California Residents - Last Updated December 2020

California residents have the following rights. You will not need to create an account to exercise Your rights. To exercise one of these rights, please provide a verifiable consumer request by calling us at 530-298-7219, or emailing us at support@rezku.com.

• Request that We delete personal information about You that We may have collected.
• Request that, for personal information that We have collected in the preceding 12 months, We disclose, free of charge (unless Your requests are manifestly unfounded or excessive), the categories of personal information that We have collected about You, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom We share personal information, and the specific pieces of personal information We have collected about You.
• Request that, for personal information that We have sold or disclosed for a business purpose in the preceding 12 months, We disclose, free of charge (unless Your requests are manifestly unfounded or excessive), the categories of personal information that We have collected about You, the categories of personal information that We have sold about You, the categories of third parties to whom each category of personal information was sold, the categories of personal information that We have disclosed about You for a business purpose, and the categories of third parties to whom each category of personal information was disclosed.
• Direct us, at any time, not to sell Your personal information. We may sell Your personal information within the meaning of the California Consumer Privacy Act of 2018 (“CCPA”). Under the CCPA, “sell” means sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. The law contains exceptions to this definition which may limit how We respond to your direction. To exercise this right to opt out, You may call us at 530-298-7219 or email us at support@rezku.com. We do not have actual knowledge that We sell the personal information of minors under 16 years of age.

Before We can fulfill the requests to know and delete noted above, We must verify Your identity. If You have a password-protected account with us, We can verify Your identity through our existing authentication procedures for Your account. However, We will require You to re-authenticate Yourself before We can disclose or delete any of Your information.

If You do not have a password-protected account with us, We will require You to provide us with Your name, telephone number, email address, and home address, together with a signed declaration under penalty of perjury that You are the consumer whose personal information is the subject of the request. We will match this information to the personal information We maintain.

You can also authorize another person, called an agent, to exercise Your rights on Your behalf. You must provide the authorized agent written and signed permission to act on Your behalf. We may deny requests to opt out from an authorized agent who does not submit proof that he or she has been authorized to act on Your behalf. Furthermore, We may require You to verify Your identity directly with us. We may also require You to directly confirm with us that You have provided the authorized agent permission to submit a request on Your behalf. An authorized agent can make a request on Your behalf by either calling us at 530-298-7219, or by emailing us at support@rezku.com.

We may not discriminate against You because You exercised any of Your rights under the CCPA, including, but not limited to, by:

1. Denying goods or Website Services to You.
2. Charging different prices or rates for goods or Website Services, including through the use of discounts or other benefits or imposing penalties.
3. Providing a different level or quality of goods or Website Services to You.
4. Suggesting that You will receive a different price or rate for goods or Website Services or a different level or quality of goods or Website Services.

However, nothing prohibits us from charging You a different price or rate, or from providing a different level or quality of goods or Website Services to You, if that difference is reasonably related to the value provided to us by Your data.

We may offer financial incentives, including payments to You as compensation, for the collection of personal information, the sale of personal information, the retention of personal information, or the deletion of personal information. We may also offer a different price, rate, level, or quality of goods or Website Services to You if that price or difference is directly related to the value provided to us by Your data

To the extent that anything in this Supplement for California Residents conflicts with the Privacy Policy, this Supplement for California Residents shall govern.

For more information about our information collection practices and procedures and for more information about the rights of California residents under the CCPA, please visit our privacy policy, available at: privacy policy.

XII. Information Collected From Other Websites and Mobile Applications and Do Not Track Policy

Your browser or device may offer You a “Do Not Track” option, which allows You to signal to operators of websites, web applications, mobile applications, and Website Services (including behavioral advertising Website Services) that You do not wish such operators to track certain of Your online activities over time and/or across different websites or applications. The Website does not support Do Not Track requests at this time, which means that We or our analytics providers or other third parties with which We are working may collect information about Your online activity both during and after Your use of the Website.

XIII. Shine the Light Notice

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at support@rezku.com, or by writing us at Guest Innovations, Inc., 2480 Natomas Park Drive, Suite 250, Sacramento, CA 95833.