These Terms of Service ("Terms") govern your access to and use of the websites at wisenguard.com and related domains, the Wisenguard managed operations service, and any associated software, applications, dashboards, reports, and APIs (together, the "Services") provided by Wisenguard ("Wisenguard," "we," "our," or "us"), an AI venture built on the Formaloo platform. By accessing or using the Services, booking a demo, or entering into an order with us, you agree to be bound by these Terms. If you do not agree, do not use the Services.
If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind that entity, and "you" refers to that entity.
1. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are intended for business use by restaurants, cafés, hospitality groups, and their authorized personnel.
2. Your account
To use certain parts of the Services you may need an account. You are responsible for safeguarding your credentials and for all activity that occurs under your account. You agree to provide accurate information, keep it up to date, and notify us promptly of any unauthorized use. We may refuse, suspend, or cancel an account at our discretion.
3. The Services and demo bookings
Wisenguard provides a managed service that analyzes restaurant operations to help grow margins and maintain inspection-readiness, including menu and pricing analysis, demand forecasting, waste detection, digital checklists, food-safety and compliance logs, incident workflows, audit documentation, and related reporting. When you book a demo, you ask us to contact you about the Services; we will use the information you submit as described in our Privacy Policy.
We may improve, modify, add, or remove features at any time. The specific scope, deliverables, and any fees applicable to a paid engagement are set out in a separate order form, statement of work, or master services agreement ("Order"). In the event of a conflict between an Order and these Terms, the Order controls for that engagement.
4. AI-generated recommendations are not professional advice
The Services use artificial intelligence to generate recommendations, estimates, summaries, and draft actions. These outputs are informational and operate on a recommend, approve, execute model: you remain responsible for reviewing and approving any action before it is carried out. AI outputs may contain errors and depend on the quality of the data you provide.
Wisenguard does not provide legal, accounting, tax, regulatory, or certified food-safety advice. Compliance features are documentation and workflow tools; they do not guarantee that any location will pass an inspection or satisfy any law, regulation, or standard. You are solely responsible for your compliance obligations and should consult qualified professionals where appropriate.
5. Customer data and your responsibilities
"Customer Data" means data you or your authorized users submit to or generate through the Services, including POS exports, supplier invoices, sales and recipe data, checklists, logs, photos, and incident records. As between you and us, you own your Customer Data. You grant Wisenguard a worldwide, non-exclusive license to host, process, and use Customer Data solely to provide, maintain, secure, and improve the Services and as otherwise described in our Privacy Policy.
You represent that you have all rights and permissions necessary to provide Customer Data to us and that doing so does not violate any law or third-party right. You are responsible for the accuracy and legality of your Customer Data.
6. Acceptable use
You agree not to, and not to permit others to:
- use the Services for any unlawful, harmful, fraudulent, or infringing purpose;
- copy, modify, distribute, sell, or lease any part of the Services, or reverse engineer or attempt to extract source code, except where permitted by law;
- access the Services to build a competing product, or scrape or harvest data without authorization;
- upload malware, interfere with or disrupt the integrity or performance of the Services, or attempt to gain unauthorized access;
- collect or misuse other people's personal or confidential information; or
- remove any proprietary notices from the Services.
7. Fees, subscriptions, and payment
Access to the marketing website and demo booking is free. Paid use of the Services is governed by your Order, which sets out fees, billing frequency, and term. Unless your Order states otherwise, fees are non-refundable, are exclusive of taxes, and subscriptions renew for successive terms until cancelled in accordance with the Order. Late or failed payments may result in suspension.
8. Intellectual property
The Services, including all software, models, templates, designs, text, and trademarks, are owned by Wisenguard or its licensors (including Formaloo) and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription, subject to these Terms. Aggregated and anonymized data and insights derived from use of the Services (that do not identify you or any individual) may be used by us to operate and improve the Services and to build benchmarks.
If you submit feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.
9. Third-party services and integrations
The Services integrate with third-party platforms such as point-of-sale systems, delivery platforms, messaging providers, and the Formaloo platform. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. We may rely on subprocessors to deliver the Services as described in our Privacy Policy.
10. Confidentiality
Each party may receive confidential information from the other. The receiving party will protect such information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.
11. Term, suspension, and termination
These Terms apply while you use the Services. We may suspend or terminate your access if you breach these Terms, fail to pay, or create risk or legal exposure for us. You may stop using the Services at any time; paid engagements terminate per your Order. On termination, your right to use the Services ends. We will make Customer Data available for export for a limited period as described in the Order or Privacy Policy, after which we may delete it.
12. Disclaimers
The Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any result, estimate, or recommendation will be accurate or achieve any particular outcome.
13. Limitation of liability
To the maximum extent permitted by law, Wisenguard and its affiliates, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to the Services. Our total liability for any claim arising out of or relating to the Services will not exceed the amounts you paid to us for the Services in the twelve months preceding the event giving rise to the claim, or, if you have not made any payments, US $100.
14. Indemnification
You agree to indemnify and hold harmless Wisenguard and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Services, or your breach of these Terms.
15. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as posting the updated Terms here with a new "Last updated" date. Your continued use of the Services after changes take effect constitutes acceptance.
16. Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which Wisenguard is established, without regard to its conflict-of-laws rules. The parties will attempt to resolve disputes informally first; any dispute that cannot be resolved will be subject to the exclusive jurisdiction of the courts of that jurisdiction, unless otherwise required by applicable law.
17. Contact
Questions about these Terms? Contact us at [email protected].