Terms of Service

1. Definitions

• "Agreement" means these Terms of Service, our Privacy Policy, our Data Processing Agreement, and any order form or subscription confirmation referencing these terms.
• "Covered", "we", "us" or "our" means HAMR Ltd, a company registered in England and Wales, trading as Covered.
• "Customer", "you" or "your" means the business entity that registers for and uses the Platform.
• "Platform" means the Covered web application, APIs, and related services available at www.covered.technology.
• "Authorised User" means any individual whom the Customer permits to access the Platform under the Customer's account.
• "Customer Data" means all data uploaded, entered, or generated by the Customer or its Authorised Users through the Platform.
• "Subscription Period" means the recurring billing cycle (monthly or annual) selected at sign-up or as subsequently amended.

2. Service Description

Covered is a hospitality management platform that provides restaurants, bars, and venues with tools for table management, reservations, floor-plan design, guest profiles, pre-ordering, point-of-sale integration, and guest communications.

We may add, modify, or discontinue features from time to time. Where a change materially reduces the functionality included in your current subscription tier, we will give you at least 30 days' notice.

3. Eligibility

The Platform is available to businesses operating in the United Kingdom. By registering for an account you represent and warrant that: (a) you are authorised to bind the business entity on whose behalf you are acting; (b) the business is a legally constituted entity or sole trader in the UK; and (c) you are at least 18 years of age.

4. Account Registration

You must provide accurate, current, and complete information during registration and keep your account details up to date. You are responsible for all activity that occurs under your account and must keep your login credentials confidential.

You must promptly notify us at hello@covered.technology if you become aware of any unauthorised use of your account.

5. Licence Grant

Subject to your compliance with this Agreement and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform during the Subscription Period solely for your internal business operations.

This licence does not include the right to: (a) sublicense, resell, or distribute the Platform to third parties; (b) modify, adapt, or create derivative works of the Platform; (c) reverse engineer, decompile, or disassemble any part of the Platform; or (d) use the Platform to build a competing product or service.

6. Fees and Payment

• Subscription fees are set out on our pricing page or in your order confirmation. All fees are quoted in pounds sterling (GBP).
• HAMR Ltd is not registered for Value Added Tax (VAT). No VAT will be charged on invoices.
• Payments are processed by Stripe. By subscribing, you authorise us to charge your chosen payment method at the start of each Subscription Period.
• If payment fails, we will notify you and may suspend access to the Platform if the outstanding amount is not settled within 7 days.
• We may change our fees on 30 days' written notice. The new fees will apply from the start of the next Subscription Period after the notice period has expired.
• Except as expressly stated otherwise, all fees are non-refundable.

7. Acceptable Use

You agree to use the Platform lawfully and not to:

• Upload or transmit any content that is unlawful, defamatory, obscene, or infringes any third-party rights.
• Attempt to gain unauthorised access to any part of the Platform, other accounts, or connected systems.
• Introduce viruses, malware, or any other harmful code.
• Use automated scripts, bots, or scrapers to access the Platform except through our published APIs.
• Interfere with or disrupt the integrity or performance of the Platform.
• Use the Platform for any purpose other than managing your hospitality business.
• Send unsolicited marketing communications to guests in violation of the Privacy and Electronic Communications Regulations 2003 (PECR) or any other applicable law.

8. Intellectual Property

All intellectual property rights in the Platform -- including but not limited to the software, design, graphics, user interface, trademarks, and documentation -- are and shall remain the exclusive property of HAMR Ltd or its licensors. Nothing in this Agreement transfers any ownership of our intellectual property to you.

You retain all rights in your Customer Data. By using the Platform, you grant us a limited licence to process your Customer Data solely to provide and improve the services.

9. Data Protection

We process personal data in accordance with our Privacy Policy. Where we process personal data on your behalf as a data processor, the terms of our Data Processing Agreement apply and form part of this Agreement.

You are responsible for ensuring that your use of the Platform and your collection of guest data complies with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and all other applicable data protection legislation.

10. Warranties and Disclaimers

We will use commercially reasonable efforts to make the Platform available with minimal downtime. However, the Platform is provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, we disclaim all warranties and conditions, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Platform will be uninterrupted, error-free, or entirely secure, or that defects will be corrected within any particular timeframe.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total aggregate liability to you arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you to us in the 12-month period immediately preceding the event giving rise to the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunity, or goodwill, even if we have been advised of the possibility of such damages.

Nothing in this Agreement excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which liability cannot be excluded or limited under applicable law.

12. Term, Renewal, and Termination

• Term: This Agreement begins when you create an account and continues for the duration of the initial Subscription Period.
• Auto-renewal: Your subscription will automatically renew for successive periods of the same length unless you cancel before the end of the current period.
• Termination by you: You may cancel your subscription at any time through your account settings or by emailing hello@covered.technology. Cancellation takes effect at the end of the current Subscription Period.
• Termination by us: We may terminate or suspend your account immediately if you breach any material term of this Agreement, fail to pay outstanding fees after notice, or engage in prohibited conduct.
• Effect of termination: Upon termination, your right to access the Platform ceases. We will make your Customer Data available for export for 30 days following termination, after which we may delete it in accordance with our Data Processing Agreement.

13. Suspension

We may suspend access to all or part of the Platform: (a) during planned maintenance, for which we will give reasonable advance notice; (b) immediately if required to comply with applicable law or a court order; (c) if we reasonably believe your use of the Platform poses a security risk or may adversely affect other customers; or (d) if your account has overdue fees beyond the 7-day grace period. We will restore access promptly once the grounds for suspension have been resolved.

14. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement (other than payment obligations) if such delay or failure results from events beyond the affected party's reasonable control, including natural disasters, acts of government, pandemic, internet outages, or failure of third-party hosting providers.

15. General Provisions

• Governing law: This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
• Jurisdiction: The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.
• Entire agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements.
• Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: No failure or delay by either party in exercising any right shall operate as a waiver of that right.
• Assignment: You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Notices: Notices to us must be sent to hello@covered.technology. We will send notices to the email address associated with your account.

16. Contact

If you have any questions about these Terms of Service, please contact us at hello@covered.technology.