Terms of Service

5 Out Solutions, Inc.

Terms of Service

Terms of Use

5-Out is operated by 5 Out Solutions, Inc. (hereinafter, "5-Out", "we", "our" or "us"). These Terms of Service apply to the websites, applications, systems, social media accounts, and other services (collectively, the "Services") made available by us. YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SERVICES.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

FROM TIME TO TIME WE MAY UPDATE OR MODIFY THESE TERMS OF SERVICE IN OUR DISCRETION, AND WILL POST THE UPDATED TERMS TO OUR WEBSITE. SUCH UPDATES MAY BE REQUIRED IN ORDER TO REFLECT ENHANCEMENTS TO OUR SERVICES OR OUR WEBSITE. THE UPDATED TERMS OF SERVICE WILL BECOME EFFECTIVE AS OF THE EFFECTIVE DATE INDICATED IN THE TERMS OF SERVICE (“EFFECTIVE DATE”). ANY USE OF THE SERVICES AFTER THE EFFECTIVE DATE MEANS YOU HAVE ACCEPTED THE UPDATED TERMS. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT YOU DO NOT ACCEPT THE UPDATED TERMS OF SERVICE IS TO CEASE YOUR ACCESS TO AND USE OF THE SERVICES AND OUR WEBSITE.

If you are an individual, you must be at least 18 years of age, a U.S. resident, and legally capable of entering into contracts. If you are an entity, organization, or company, or acting on behalf of one, you represent and warrant that you are an authorized representative of such entity, and that you have the authority to and agree to bind it to these Terms.

Services

5-Out provides predictive analytics for restaurants - forecasting future sales and using restaurant-provided goals for target cost of labor and cost of goods to set operational budgets.

5-Out uses next generation machine learning to forecast upcoming sales to the best of its ability. These forecasts may not be accurate, and users of the platform must use best judgment when deciding their own internal budgets for the operations of their business. 5-Out makes no representation or warranty as to the accuracy of the forecasts or the resulting budgets and guidance or actions suggested due to those forecasts. Forecasting sales is not a perfect science and variations between forecasts and actuals will often be observed. Operators and users of 5-Out must consider this when using the platform, as accuracy is not guaranteed.

Confidentiality

5-Out will not disclose your individual data to other parties without your explicit consent. This includes sales data, labor data, purchasing data, budget targets, recipe data, inventory data, vendor data, or financial data.

5-Out will use your data, in aggregate and anonymized, to improve its machine learning algorithms, report case studies, and report trends in the industry. No single piece of reported data will consist of less than 10 restaurants across 5 customers.

Permitted Activities

By using the Services, you agree that:

You will not use the Services in any way that violates Applicable Law and Rules, these Terms, or any other policies.
You will not provide false information about yourself to us, impersonate any other person, collect information about other users, or otherwise attempt to mislead others about your identity or the truthfulness or accuracy of the data you transmit through the Services.
You will not damage, disable, disrupt, overburden, interfere with, or attempt to gain unauthorized access to any portion of our Services, computer systems, servers or networks, or any other person’s use and enjoyment of the Services.
5-Out may suspend or terminate your use of the Services at its sole discretion for any actual or suspected violation of these limitations or other applicable policies or rules referenced in these Terms of Service.

Payment and Fees

Your contracted monthly payment is due by the next payment period’s start date. Payments will be automatically charged to the payment method on file (credit card of ACH) on the first day of each payment period and are non refundable. Unless otherwise under long-term contract, you can cancel your subscription at any time from your payment portal in your restaurant account settings in the 5-Out platform.

Closing Your Account

To cancel your subscription, visit your payment portal in your restaurant account settings inside the 5-Out platform, or contact Customer Service at support@5out.io.

Customer Service

To contact Customer Service, email support@5out.io.

Force Majeure

5-Out will not be liable for any failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, pandemic, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

Indemnification

You agree to defend, indemnify and hold harmless 5-Out and its directors, officers, employees, affiliates and agents from and against any and all third party claims, liability, damages, expenses and costs actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of these Terms or any other policy; (b) your access to, use, or misuse of the Third-Party Content or Services; and (c) your infringement or infringement by any other user of your account, of any intellectual property or other right of any other person. 5-Out will provide notice to you of any such claim, suit, or proceeding. 5-Out reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such a case, you agree to cooperate with any reasonable requests assisting 5-Out’s defense of such matters.

Arbitration

In the event a dispute shall arise between the parties to this Terms of Service, it is hereby agreed that the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration, in the State of New York. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

Trademarks

The trademarks, service marks, and logos of 5-Out used and displayed on the Services are registered and unregistered trademarks or service marks of 5-Out. Nothing in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Services without the prior written consent of 5-Out specific for each such use.

Assignment

You may not assign these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent and any attempted assignment may be void. We reserve the right to freely assign these Terms and the rights and obligations hereunder, to any third party without notice and consent. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

Governing Law

Any action, claim, or dispute related to these Terms of Service will be governed by the laws of the State of New York, excluding its conflicts of law provisions, and controlling U.S. federal law.

For questions, please contact us at hello@5out.io