Terms of Service

These Terms of Service (the "Terms") are a binding agreement between My Shop USA Inc., a Florida corporation with its principal place of business at 1590 NE 162nd St, Suite 500, North Miami Beach, Florida 33162 ("MyShop", "we", "us"), and the business that registers for or uses the Services, together with each person who accesses the Services on that business's behalf ("Customer", "you"). By creating an account, signing an Order Form, or accessing or using any part of the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. The Services

1.1 Platform. MyShop provides a software platform for restaurants and food businesses, including online ordering, mobile applications, self-order kiosk, point-of-sale ("Counter"), delivery management, loyalty, marketing tools, and related services (collectively, the "Platform").

1.2 MaYa. The Platform includes "MaYa", an artificial-intelligence assistant that can answer questions about your business, provide summaries, briefings and recommendations, and — only when you approve — perform actions on your behalf (for example creating coupons, editing menu items, or publishing information to connected sales channels). MaYa is available through the MyShop management panel, the Counter, and the MaYa owner mobile application (the "App"). The Platform, MaYa and the App are together the "Services".

1.3 Business use only. The Services are intended for business customers and their authorized personnel. You represent that you are at least 18 years old and are authorized to bind the Customer to these Terms.

1.4 Changes to the Services. We may add, modify, or discontinue features of the Services at any time. Where a change materially reduces core functionality you pay for, we will use reasonable efforts to notify you in advance.

2. Accounts, Access and Security

2.1 Registration. You must provide accurate, current information and keep it updated. Access to the App is granted through one-time passcodes sent to a phone number or e-mail address that you have registered and, optionally, device biometrics (such as Face ID). You are responsible for the security of those destinations and devices.

2.2 Your users. You may authorize employees or other users (including network administrators and branch users) to access the Services under your account. You are responsible for all activity under your account and your users' compliance with these Terms, and you must promptly remove access for anyone no longer authorized.

2.3 Locations and entitlements. Features may be enabled per business location and per subscribed service. MaYa will only take actions at a location where MaYa is active and only through channels that are actually connected to that location.

2.4 Security incidents. Notify us immediately at sales@myshoptechnologies.com if you become aware of any unauthorized use of your account or credentials.

3. Artificial Intelligence — Important Limitations

3.1 Nature of AI output. MaYa generates responses using large language models and other automated systems. AI output can be incomplete, outdated, or wrong, including figures, summaries, translations, and recommendations. MaYa's output is provided for your information and convenience only; it is not business, financial, legal, tax, employment, or regulatory advice, and it does not replace your own judgment or records.

3.2 Verify before relying. You are solely responsible for reviewing and verifying MaYa's output before relying on it or acting on it, including any information MaYa provides about sales, orders, customers, menus, pricing, or compliance.

3.3 Approved actions. Certain MaYa capabilities allow it to execute actions on the Platform (for example creating or publishing coupons, editing products, prices, availability or opening hours, or sending customer communications). Such actions are performed only after you or your authorized user approves them in the Services (including by voice). You are responsible for every action approved through your account and for its consequences, including the accuracy of prices, availability, descriptions, promotions and translations that result, and for their compliance with applicable law and with the terms of any connected third-party channel.

3.4 No guarantee of outcomes. Recommendations (including those that reference expected revenue, sales, or customer behavior) are estimates and do not guarantee any result.

3.5 Automated translation. Content that MaYa creates may be authored in your location's default language and machine-translated into other languages. You are responsible for reviewing translated content before publication.

4. Voice, Recordings and Data Processing

4.1 Voice features. The App can listen to your voice (only when you activate the microphone or an approved hands-free mode), transcribe it, and speak responses. Voice audio, transcripts and chat content are processed to provide the Services.

4.2 Third-party AI providers. To provide MaYa, we transmit content — which may include your voice, transcripts, messages, and relevant business data — to third-party AI, speech and translation providers (currently including OpenAI, Anthropic, and Google (machine translation of menu content)) under agreements that restrict their use of your data to providing the service to us. You consent to such processing. We do not sell your data.

4.3 Retention and controls. Certain retention settings (for example whether voice transcripts are saved) are controlled by you in the App. Our handling of personal data is described in our Privacy Policy at https://myshoptechnologies.com/privacy-policy-app/, which is incorporated into these Terms.

4.4 Customer data. You retain ownership of the business data you provide or that is generated by your use of the Services ("Customer Data"). You grant MyShop a worldwide, non-exclusive license to host, process, transmit, display, and create derivative works of Customer Data solely to provide, secure, support and improve the Services, including to generate MaYa's output for you. You represent that you have all rights and consents (including from your own customers and staff) needed to provide Customer Data to us for these purposes.

5. Driving Mode and Hands-Free Use

5.1 The App includes an optional driving mode that can start automatically when your phone connects to a vehicle and that presents information by voice and, where supported, on a vehicle's display. Driving mode is intended for hands-free, eyes-free use only.

5.2 You must not view, touch, type on, or otherwise interact with the phone or the App in a manner that is unsafe or prohibited while driving. You are solely responsible for complying with all traffic and distracted-driving laws in your jurisdiction and for operating your vehicle safely. Automatic start, vehicle detection and display features depend on your phone, vehicle and settings and may not work in every vehicle.

5.3 To the maximum extent permitted by law, MyShop is not liable for any accident, injury, damage, fine, or loss arising from your use of the App or driving mode while operating a vehicle.

6. Third-Party Services and Channels

6.1 The Services can connect to third-party platforms and services, such as delivery and marketplace channels, payment processors, point-of-sale integrations, printers, messaging and push-notification providers, and app stores ("Third-Party Services"). Your use of a Third-Party Service is governed by that provider's terms and privacy policy.

6.2 We do not control Third-Party Services and are not responsible for their availability, accuracy, fees, policies, or changes, or for any action they take with content or orders published to them, including through MaYa at your request.

7. Acceptable Use

You must not, and must not permit anyone to: (a) use the Services in violation of any law or third-party right; (b) upload or publish content that is unlawful, infringing, deceptive, or harmful; (c) attempt to gain unauthorized access to the Services, accounts or data; (d) interfere with or disrupt the Services; (e) reverse engineer, decompile, or attempt to extract source code, models, or prompts of the Services except where such restriction is prohibited by law; (f) use the Services to build a competing product; (g) use MaYa to generate content that is discriminatory, harassing, or that misleads consumers; or (h) send unsolicited or unlawful communications to consumers through the Services. We may suspend access to protect the Services, other customers, or the public.

8. Intellectual Property

8.1 The Services, including the Platform, the App, MaYa, software, models, prompts, designs, trademarks (including "MyShop" and "MaYa"), and all related intellectual property, are owned by MyShop or its licensors and are protected by law. Except for the limited right to use the Services under these Terms, no rights are granted to you.

8.2 Feedback. If you provide suggestions or feedback, we may use them without restriction or compensation.

8.3 Output. Subject to these Terms, you may use MaYa's output for your business. You acknowledge that similar output may be generated for other customers and that output is not exclusive to you.

9. Fees and Order Forms

Fees, subscription terms, billing, taxes, and any service-specific commercial terms are set out in the applicable quote, order form or subscription agreement between you and MyShop (an "Order Form"), including the MyShop Quote Terms and Conditions presented with the quote you signed. In the event of a conflict between an Order Form and these Terms regarding fees or commercial terms, the Order Form controls; in all other respects these Terms control.

10. Availability, Support and Beta Features

10.1 We aim to keep the Services available but do not guarantee uninterrupted or error-free operation. Maintenance, updates, third-party outages, connectivity, and device limitations may affect availability.

10.2 Features identified as beta, preview, or early access (which may include parts of the App or MaYa) are provided for evaluation, may be changed or withdrawn at any time, and are provided without warranty of any kind.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, MAYA, AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." MYSHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MYSHOP DOES NOT WARRANT THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE.

12. Limitation of Liability

12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSHOP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSHOP'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO MYSHOP FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3 Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnification

You will defend, indemnify, and hold harmless MyShop and its affiliates, officers, employees and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data or content you publish through the Services; (b) actions you approve or take through MaYa; (c) your use of the Services in violation of these Terms or applicable law; (d) your use of driving mode or the App while operating a vehicle; or (e) your relationships with your own customers, staff, and Third-Party Services.

14. Term, Suspension and Termination

14.1 These Terms apply for as long as you use the Services. Either party may terminate as provided in the applicable Order Form; you may stop using the App at any time.

14.2 We may suspend or terminate access immediately if you materially breach these Terms, if required by law, or to prevent harm to the Services or others.

14.3 On termination, your right to use the Services ends. MyShop has no obligation to retain Customer Data after termination. Upon your written request received within thirty (30) days after termination, and provided all amounts owed to MyShop have been paid, MyShop may, at its discretion, provide a one-time export of your Customer Data in a standard format selected by MyShop and may charge a reasonable fee for doing so. Thereafter MyShop may delete Customer Data in accordance with its Privacy Policy and retention practices, except as required by law. Sections 3, 4.4, 8, 11, 12, 13, 15 and 16 survive termination.

15. Governing Law; Dispute Resolution

15.1 These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.

15.2 Venue. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and each party irrevocably consents to the personal jurisdiction and venue of those courts. MyShop may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or the Services.

15.3 Jury trial waiver. TO THE EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

15.4 Class action waiver. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

15.5 Time limit on claims. To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arose, or it is permanently barred.

15.6 Attorneys' fees. In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

16. General

16.1 Changes to these Terms. We may update these Terms. We will post the updated Terms with a new "Last updated" date and, for material changes, notify you through the Services or by e-mail. Continued use after the effective date constitutes acceptance.

16.2 Notices. Notices to MyShop must be sent to sales@myshoptechnologies.com or the address above. Notices to you may be sent to the e-mail or phone on your account or through the Services.

16.3 Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

16.4 Export and sanctions. You will comply with applicable export-control and sanctions laws and represent that you are not a restricted party.

16.5 App stores. If you obtained the App through the Apple App Store or Google Play, the store's terms also apply; the store is not responsible for the App or for support, and is a third-party beneficiary of these Terms as they relate to the App.

16.6 Entire agreement; severability; waiver. These Terms, the Privacy Policy, and any Order Form are the entire agreement regarding the Services. If any provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver.

16.7 Force majeure. MyShop is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, labor disputes, internet or utility failures, acts of government, war, terrorism, epidemics, or failures of third-party providers.

16.8 No third-party beneficiaries. Except as stated in Section 16.5, these Terms create no rights in any third party.

16.9 Independent contractors. The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

17. Contact

My Shop USA Inc. — 1590 NE 162nd St, Suite 500, North Miami Beach, FL 33162 · sales@myshoptechnologies.com · +1 786-408-5708 · https://myshoptechnologies.com