1. Introduction

This End User License Agreement (EULA) is a legally binding contract between Eleat Technologies Inc. ("Eleat," "we," "us," or "our") and you ("Restaurant," "you," or "your"). It governs your access to and use of the Eleat platform, proprietary software, services, and related digital solutions for your restaurant business.

By registering an account, accessing, or using Eleat’s services, you acknowledge that you have read, understood, and agree to be bound by this EULA, along with Eleat’s Privacy Policy and Terms & Conditions for Restaurateurs.

If you do not accept these terms, you must discontinue your use of Eleat immediately.

2. License Grant & Scope of Use

• Eleat grants you a non-exclusive, non-transferable, revocable license to use its platform strictly for business operations related to your restaurant.
• This license does not grant ownership of Eleat’s software, platform, AI-driven features, or intellectual property.
• Your license is conditioned upon compliance with this EULA and Eleat’s Terms & Conditions.
• You may not sublicense, lease, rent, sell, or resell Eleat’s software or services to third parties.
• Any attempt to modify, reverse-engineer, decompile, or create derivative works based on Eleat’s software is strictly prohibited.
• Eleat reserves the right to terminate or suspend your license if you violate these terms.

3. Account Registration & Access

• Restaurants must register a business account and provide accurate, up-to-date information.
• You are responsible for maintaining the confidentiality of your account credentials and ensuring only authorized personnel access the platform.
• Eleat is not liable for unauthorized access, lost credentials, or misuse of your account.
• If you suspect unauthorized activity, you must notify Eleat immediately at info@eleat.app.
• You agree not to share your login credentials with third parties or unauthorized individuals.
• Eleat reserves the right to require identity verification for security and compliance purposes.

4. Permitted Uses

• Listing your restaurant, managing menus, promotions, and customer interactions.
• Running paid advertisements and promotions via Eleat’s marketing features.
• Using Eleat’s AI-driven ranking and analytics tools to improve customer engagement.
• Integrating Eleat with third-party reservation systems (e.g., OpenTable, Resy, Tock).
• Responding to reviews, messages, and inquiries via Eleat’s platform.
• Utilizing Eleat’s business insights and customer data analytics to optimize performance.

5. Prohibited Uses

• Falsify or misrepresent menu items, promotions, or pricing.
• Manipulate Eleat’s ranking system through fraudulent reviews, fake transactions, or artificial engagement boosting.
• Modify, copy, distribute, or exploit Eleat’s proprietary software.
• Use Eleat to collect customer data beyond what is necessary for restaurant operations.
• Engage in abusive, defamatory, or harassing behavior toward customers or Eleat representatives.
• Use Eleat to promote or engage in unlawful activities, including unauthorized alcohol promotions.

6. Payment, Fees & Subscription Terms

• Eleat operates on a subscription-based model, with monthly payments processed via credit card (Helcim, Stripe, PayPal, or other providers).
• All payments are non-refundable, and failure to pay may result in suspension of services.
• If your payment method fails, Eleat will attempt collection for up to 7 days before suspending your restaurant listing.
• Use Eleat to collect customer data beyond what is necessary for restaurant operations.
• Additional paid features (advertising, featured listings, professional photography) require upfront payment before activation.
• Eleat reserves the right to adjust subscription pricing with at least 30 days' notice.
• Failure to comply with payment terms may result in permanent account suspension.

7. Service Modifications & Feature Updates

• Eleat reserves the right to modify, suspend, or discontinue features at its discretion.
• Eleat is not responsible for financial losses due to changes in features, temporary downtime, or system maintenance.
• Restaurants may need to update their software or settings following Eleat platform updates.
• Continued use of Eleat after service updates constitutes acceptance of the changes.
• Eleat is not liable for performance disruptions caused by third-party integrations (e.g., reservation systems, payment processors).
• Eleat does not guarantee uninterrupted service, and scheduled maintenance may occur without prior notice.

8. Refund Policy & Financial Obligations

• All payments made to Eleat, including subscription fees, advertising fees, and premium service fees, are non-refundable.
• Refunds for any services will not be issued, including in cases where the restaurant chooses to cancel its subscription before the end of the billing cycle.
• If a restaurant disputes a charge, Eleat will review the claim but is under no obligation to issue a refund.
• Failure to make timely payments will result in temporary suspension of the restaurant’s account until payment is received.
• If payment fails for two consecutive billing cycles, Eleat reserves the right to terminate the account permanently.
• Any outstanding fees owed to Eleat must be settled before account reactivation or reinstatement of listing visibility.

9. Emergency Account Suspension

• Eleat reserves the right to suspend or restrict access to a restaurant’s account without prior notice if it:
  • Engages in fraudulent or misleading advertising.
  • Violates Eleat’s policies regarding menu accuracy and promotions.
  • Is found to be in breach of liquor licensing laws in their province.
  • Fails to make payments beyond the 7-day grace period.
  • Uses Eleat’s platform to harass or mislead customers.
  • Becomes the subject of serious complaints or legal action that could damage Eleat’s reputation.
• Restaurants will be notified of the suspension and provided with an opportunity to rectify the issue where applicable.
• If violations continue, Eleat reserves the right to terminate the account permanently.
• A suspended account will not be entitled to refunds for the remaining subscription period.
• Eleat may refuse reinstatement if the restaurant’s violations were deemed severe or repeated.
• Eleat is not responsible for any business losses incurred due to an account suspension or termination.

10. Taxes & Financial Responsibility

• Restaurants are responsible for all applicable taxes, surcharges, and government fees related to their business operations on Eleat.
• Eleat does not withhold, collect, or remit taxes on behalf of restaurants, and it is the restaurant's sole responsibility to comply with tax obligations.
• Restaurants must ensure that any taxes (e.g., GST/HST, provincial taxes) applicable to their services and promotions are accurately charged and remitted to the appropriate authorities.
• Eleat is not liable for any penalties, fines, or legal consequences arising from a restaurant’s failure to comply with tax laws.
• Failure to meet tax obligations may result in account suspension or termination if required by regulatory authorities.
• Eleat may provide general tax-related guidelines, but these do not constitute legal or financial advice, and restaurants should consult their tax professionals.

11. Intellectual Property Rights & Content Ownership

• Eleat retains full ownership of all technology, branding, software, and proprietary systems used within the platform.
• Restaurants do not acquire any ownership rights to Eleat’s trademarks, copyrighted material, or software.
• Restaurants may use Eleat’s branding only with written permission for marketing or promotional purposes.
• Any unauthorized use, reproduction, or modification of Eleat’s platform or services will result in legal action.
• Eleat has the right to use restaurant-provided content (menus, logos, images, descriptions) for promotional purposes.
• User-generated content (e.g., reviews, photos, videos) belongs to the original creator but Eleat has a perpetual license to use it.

12. Eleat’s Limited Liability & Disclaimer

• Eleat provides its platform on an “as is” and “as available” basis, with no guarantees regarding uninterrupted service.
• Eleat is not responsible for financial losses due to incorrect listings, user errors, or restaurant pricing mistakes.
• Eleat does not assume liability for customer disputes, food safety issues, or inaccurate promotions.
• Restaurants are responsible for ensuring that their offers and promotions comply with applicable laws.
• Eleat disclaims all warranties, whether express or implied, regarding the performance or reliability of the platform.
• Eleat’s maximum liability is limited to the total subscription fees paid by the restaurant in the three months preceding any claim.

13. Governing Law & Dispute Resolution

• This EULA is governed by the laws of Alberta, Canada.
• Any legal disputes must first go through Eleat’s internal dispute resolution process before pursuing legal action.
• If mediation fails, disputes must be settled through arbitration in Alberta, Canada.
• Legal claims against Eleat must be filed within 12 months of the issue arising.
• Restaurants waive the right to participate in class-action lawsuits against Eleat.
• If any provision of this EULA is deemed unenforceable, the remaining provisions shall remain in effect.

14. Data Privacy & Confidentiality

• Restaurants agree to handle customer data responsibly and in compliance with privacy laws (PIPEDA, PIPA).
• Eleat does not sell or share personal customer data with third parties without consent.
• Restaurants may only use Eleater-provided data for order fulfillment, promotions, or customer service.
• Unauthorized sharing, selling, or misuse of Eleater data may result in account termination and legal action.
• Restaurants must protect customer payment and personal information from breaches or unauthorized access.
• Restaurants must notify Eleat immediately of any suspected data breaches or leaks involving customer information.

15. Advertising & Marketing on Eleat

• Eleat offers optional paid marketing and advertising services for restaurants.
• Paid advertising (e.g., featured listings, sponsored deals, social media promotions) requires upfront payment.
• Eleat reserves the right to approve, reject, or modify advertisements that do not align with platform standards.
• Restaurants must ensure accuracy in all promotional content, including pricing, descriptions, and availability.
• False advertising, misleading promotions, or fraudulent marketing practices may result in listing suspension.
• Eleat reserves the right to use restaurant listings in its own promotional materials (e.g., social media, website banners).

16. Account Termination & Suspension

• 1. Eleat reserves the right to suspend or terminate a restaurant’s account under the following conditions:
• Non-payment of subscription fees after 7 days of the due date.
• Repeated violations of Eleat’s policies, including false advertising or misleading promotions.
• Any attempt to manipulate Eleat’s ranking system or engage in fraudulent activities.
• Unauthorized use of Eleat’s branding, content, or intellectual property.
• Failure to comply with provincial or federal food, alcohol, or consumer protection laws.
• Use of Eleat’s platform to harass, defame, or engage in unethical business practices.
• 2. If an account is suspended, restaurants must resolve outstanding issues before reinstatement.
• 3. Eleat is not liable for financial losses resulting from account termination or suspension.
• 4. Termination of an account does not remove any outstanding financial obligations owed to Eleat.
• 5. Restaurants may request voluntary account termination by contacting Eleat customer support.
• 6. Upon termination, restaurants must cease all use of Eleat’s services and branding immediately.

1. Introduction

This End User License Agreement (EULA) is a legally binding contract between Eleat Technologies Inc. ("Eleat," "we," "us," or "our") and you ("Eleater," "user," "you," or "your"). It governs your access to and use of the Eleat platform, mobile app, website, and related services for discovering restaurants, deals, promotions, and reservations.

By creating an account, accessing, or using Eleat’s services, you acknowledge that you have read, understood, and agree to be bound by this EULA, along with Eleat’s Privacy Policy and Terms & Conditions for Eleaters.

If you do not accept these terms, you must discontinue your use of Eleat immediately.

2. License Grant & Scope of Use

• Eleat grants you a non-exclusive, non-transferable, revocable license to use its platform strictly for personal, non-commercial purposes.
• This license does not grant ownership of Eleat’s software, AI features, or proprietary technologies.
• Your license is conditioned upon compliance with this EULA and Eleat’s Terms & Conditions.
• You may not sublicense, copy, modify, reverse-engineer, or distribute Eleat’s software or content.
• Any attempt to bypass security features, interfere with system functionality, or exploit the platform is strictly prohibited.
• Eleat reserves the right to terminate or suspend your license if you violate these terms.

3. Eligibility & Account Registration

• Eleat is available to users of all ages; however, certain content and promotions involving alcoholic beverages are restricted to users of legal drinking age in their respective provinces or countries.
• Users must provide accurate, up-to-date information when creating an account.
• You are responsible for keeping your account credentials secure and preventing unauthorized access.
• Eleat is not responsible for unauthorized access, lost credentials, or misuse of your account.
• If you suspect unauthorized activity, you must notify Eleat immediately at info@eleat.app.
• Eleat reserves the right to require identity verification for age-restricted promotions or legal compliance.

4. Permitted Uses

You may use Eleat for the following purposes:

• Browsing restaurants, menus, deals, happy hour promotions, and reservations.
• Engaging with user-generated content, including ratings and reviews.
• Saving favorite restaurants, deals, and personalized recommendations.
• Redeeming restaurant promotions, offers, and discounts through Eleat.
• Making restaurant reservations through third-party integration links (e.g., OpenTable, Resy, Tock).
• Participating in contests, loyalty programs, or other promotional events hosted by Eleat.

5. Prohibited Uses

You may not:

• Provide false or misleading information in your Eleat profile, reviews, or interactions.
• Engage in fraudulent activity, including fake bookings, review manipulation, or abuse of promotions.
• Use Eleat’s services for unauthorized commercial purposes, including reselling offers or using bots to scrape content.
• Interfere with Eleat’s technology, security features, or data collection mechanisms.
• Post, upload, or share content that is offensive, defamatory, harassing, or illegal.
• Attempt to bypass geo-restrictions or age-verification processes related to alcohol promotions.

6. Reservation & Booking Services

• Eleat does not process reservations directly but provides links to third-party reservation platforms (e.g., OpenTable, Resy, Tock).
• Users must complete reservations through the third-party platform, and Eleat does not store or manage reservation details.
• Eleat is not responsible for errors, cancellations, or miscommunications between users and restaurants.
• Any disputes, refunds, or issues with reservations must be handled directly with the restaurant or third-party booking service.
• Users should review reservation policies before completing bookings, as cancellation policies may vary.
• Eleat is not liable for restaurant closures, service interruptions, or last-minute booking failures.

7. Payments & Refund Policy

• Payments for promotions, exclusive deals, or offers are processed securely through third-party providers (Helcim, Stripe, PayPal).
• Eleat does not store full credit card details; transactions are securely handled through payment processors.
• All purchases are final, and refunds are not issued by Eleat.
• Refund requests must be directed to the restaurant offering the promotion, subject to their policies.
• Eleat is not responsible for billing errors, declined transactions, or unauthorized charges.
• Users should carefully review offer terms and restaurant refund policies before purchasing a deal.

8. User Reviews & Conduct Policy

• Eleat allows users to submit reviews, ratings, and feedback on restaurant experiences.
• Users must provide honest, factual, and respectful reviews, avoiding offensive or defamatory content.
• Eleat moderates reviews to prevent abuse, fraud, or policy violations.
• Eleat reserves the right to remove reviews that contain false claims, personal attacks, or spam.
• Eleat does not tolerate abusive language, harassment, or discriminatory behavior.
• Users who engage in harassment, threats, or offensive behavior may have their accounts suspended or permanently banned.

9. Social Media & User-Generated Content

• Users may share dining experiences via Instagram, Facebook, TikTok, and YouTube integrations.
• Uploaded photos and videos may be displayed on restaurant pages and Eleat’s marketing materials.
• By uploading content, users grant Eleat a non-exclusive license to use it for promotional purposes.
• Users must have legal rights to the content they upload and ensure it does not infringe copyrights.
• Eleat reserves the right to remove or moderate content that violates platform policies.
• Users can request content removal through customer support if they believe their content was used inappropriately.

10. Data Privacy & Security

• Eleat is committed to protecting user data and ensuring compliance with privacy laws such as PIPEDA and PIPA.
• Personal information, including name, email, phone number, and preferences, is collected for account functionality and personalization.
• Eleat does not sell personal data to third parties but may share anonymized insights with restaurants.
• Users can control data preferences through their account settings, including marketing opt-ins.
• All financial transactions are encrypted and processed securely through PCI-DSS-compliant payment providers.
• Users must report suspected account breaches or unauthorized access to Eleat immediately.

11. Intellectual Property Rights

• Eleat owns all rights, title, and interest in its branding, software, AI-driven recommendations, and proprietary technology.
• Users may not copy, reproduce, distribute, or modify Eleat’s intellectual property without permission.
• Any attempt to reverse-engineer, scrape data, or misuse Eleat’s proprietary systems is strictly prohibited.
• User-generated content, such as reviews or photos, remains owned by the user, but Eleat retains a license to display and use it.
• Restaurants must have proper rights to any content uploaded to Eleat (e.g., menus, images, promotions).
• Users or businesses that infringe on Eleat’s intellectual property may face account termination and legal action.

12. Eleat’s Limited Liability & Disclaimers

• Eleat provides services on an “as is” basis without guarantees of uninterrupted access or accuracy.
• Eleat is not responsible for incorrect pricing, unavailable deals, or restaurant service issues.
• Eleat does not guarantee restaurant participation, deal availability, or reservation confirmations.
• Users acknowledge that Eleat is a discovery platform and not a direct service provider.
• Eleat is not liable for disputes between users and restaurants, reservation platforms, or payment processors.
• The maximum liability of Eleat is limited to the total amount paid by the user in the last three months.

13. Governing Law & Dispute Resolution

• This EULA is governed by the laws of Alberta, Canada.
• All disputes must first go through Eleat’s internal dispute resolution process before legal action.
• If mediation fails, disputes must be resolved through arbitration in Alberta, Canada.
• Users waive their right to class-action lawsuits against Eleat.
• Any legal claims must be filed within 12 months of the issue arising.
• If any provision of this EULA is deemed unenforceable, the remaining provisions shall remain in effect.

14. Termination & Account Suspension

• 1. Eleat reserves the right to suspend or terminate user accounts for:
• Fraudulent activity (e.g., fake bookings, review manipulation).
• Violation of Eleat’s terms or abuse of promotions.
• Misuse of Eleat’s branding, technology, or intellectual property.
• Engaging in harassment, abusive behavior, or defamatory actions.
• Failure to comply with applicable legal requirements.
• Any activity that poses a security or reputational risk to Eleat.
• 2. Users may request account deletion at any time by contacting Eleat.
• 3. Termination does not exempt users from outstanding financial obligations.
• 4. Suspended accounts cannot redeem promotions, make reservations, or access saved deals.
• 5. Eleat reserves the right to permanently ban repeat offenders.
• 6. Refunds will not be issued for terminated or suspended accounts.

15. Force Majeure Clause (Unforeseen Events)

• 1. Eleat reserves the right to suspend or terminate user accounts for:
• Natural disasters, pandemics, power outages, or severe weather conditions.
• Government actions, legal restrictions, or regulatory changes.
• System failures, cyberattacks, or data breaches affecting third-party providers.
• Unforeseen restaurant closures, labor strikes, or supply chain disruptions.
• 2. Users acknowledge that Eleat cannot guarantee uninterrupted service due to external circumstances.
• 3. Eleat is not liable for financial losses caused by force majeure events.

16. No Guarantee of Specific Restaurant Availability

• Eleat does not guarantee the availability of any specific restaurant, promotion, or reservation.
• Restaurants may leave the platform at any time or discontinue certain offers, which is beyond Eleat’s control.
• Users acknowledge that listed promotions, deals, or happy hours are subject to change or withdrawal.
• Eleat is not responsible for inaccurate, outdated, or unavailable listings caused by third parties.
• Any disputes regarding promotions must be resolved directly with the restaurant.
• Eleat reserves the right to remove inactive or non-compliant restaurants from the platform.

17. AI & Algorithm-Based Personalization Disclaimer

• Eleat utilizes AI-driven algorithms to recommend restaurants, deals, and personalized experiences.
• Users acknowledge that AI recommendations are based on past interactions, user preferences, and data analytics but may not always be 100% accurate.
• Eleat is not liable for any dissatisfaction arising from personalized suggestions.
• Users can modify their preferences in their account settings to adjust recommendation accuracy.
• Eleat does not guarantee that AI recommendations will always match user expectations.
• Eleat reserves the right to update or modify its recommendation algorithms at any time.

18. Limitation of Eleat’s Role in Disputes

• Eleat acts solely as a technology provider and is not responsible for resolving user-restaurant disputes.
• If a user experiences poor service, incorrect billing, or other restaurant-related issues, they must contact the restaurant directly.
• Eleat will not intervene in refund requests, service disputes, or quality complaints.
• Any disputes related to third-party reservation services (e.g., OpenTable, Resy, Tock) must be addressed with the respective service provider.
• Users waive the right to hold Eleat liable for restaurant service failures, unfulfilled reservations, or miscommunications.
• Eleat’s customer support team may provide guidance, but it is not responsible for enforcing restaurant policies.

19. Third-Party Links & Services Disclaimer

• Eleat may contain links to third-party websites, reservation services, or advertisements.
• Eleat does not endorse, control, or assume responsibility for third-party content or services.
• Users access third-party links at their own risk, and Eleat is not liable for losses or damages resulting from third-party interactions.
• Users are encouraged to review the privacy policies and terms of use of any third-party service before engaging.
• Eleat is not responsible for technical failures, security breaches, or data collection practices of third-party providers.
• If a third-party service negatively impacts a user experience, Eleat is not obligated to provide compensation or refunds.

20. Data Portability & Account Deletion Requests

• Users have the right to request a copy of their personal data stored on Eleat.
• Account deletion requests can be made through Eleat’s customer support team.
• Upon deletion, Eleat will permanently remove personal data, except for data required by law (e.g., financial transaction records).
• Anonymized user data may still be used for analytics and platform improvements.
• Eleat will process account deletion requests within 30 days of receiving a valid request.
• Users acknowledge that deleted accounts cannot be recovered, and previously purchased deals or promotions will be forfeited.

21. Updates & Changes to this EULA

• Eleat reserves the right to modify this EULA at any time.
• Users will be notified of material changes via email, app notifications, or website banners.
• Minor updates that do not significantly impact user rights may be made without prior notification.
• Continued use of Eleat after an update constitutes acceptance of the new EULA terms.
• If a user disagrees with an updated EULA, they must discontinue use of Eleat and request account deletion.
• Users are encouraged to review the EULA periodically to stay informed of any changes.

22. Final Acknowledgment & Contact Information

• By using Eleat, users acknowledge that they have read and understood this EULA.
• Users agree to comply with all terms, policies, and conditions outlined in this agreement.
• Eleat’s contact details for questions or concerns: email - info@eleat.app
• Users who do not agree to this EULA must discontinue their use of Eleat immediately.
• This EULA represents the entire agreement between Eleat and its users.
• If any provision of this EULA is found to be unenforceable, the remaining provisions shall remain in full force and effect.