Terms of Service

⚠️ Draft — requires legal review before publication. This document was drafted by ExcuseMe's engineering team to capture the commercial intent of the Service and must be reviewed by a qualified lawyer in the jurisdiction of incorporation before it is surfaced to customers or linked from the marketing site / application footer. The operating entity details (legal entity name, matični broj, PIB, and registered office address) have been filled in §1.

Effective date: 2026-06-11

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the ExcuseMe platform, website, and related services (together, the "Service") provided by EXCUSEME DOO NIŠ, a Serbian limited liability company (društvo s ograničenom odgovornošću) trading as ExcuseMe, with registered office at Stanoja Bunuševca 73, Niš, Serbia, company registration number (matični broj) 22310968 and tax identification number (PIB) 115748813 ("ExcuseMe", "we", "us"). By creating an account, placing an order through the Service, or using any part of the Service, you agree to these Terms.

If you are entering into these Terms on behalf of a business (a "Venue"), you represent that you have authority to bind that Venue, and references to "you" mean both you and the Venue.

Subscriptions and admin accounts are offered for business use only. They are intended for venues, venue operators, and staff acting in a business capacity, not for individuals purchasing the Service for personal, household, or consumer use. If mandatory law treats an Admin User as a consumer despite this business-use restriction, that mandatory law will apply only to the extent it cannot be excluded.

Guest customers who place orders through a venue's QR code are not buying an ExcuseMe subscription. Their food, beverage, refund, fulfilment, and consumer-law relationship is with the venue that receives the order.

2. The Service

ExcuseMe provides an AI-powered QR ordering and operations platform for hospitality venues, including:

• QR-based customer ordering
• Kitchen, runner, and counter dashboards
• Menu, zone, and QR-code management
• An AI bartender (text and, on qualifying tiers, voice)
• Analytics, reporting, and integrations with third-party tools

The Service is delivered over the public internet. Availability, feature gating, and included quotas depend on the subscription tier you purchase (see §5).

3. Account Registration

To use paid tiers you must create an account and provide accurate, up-to-date information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must promptly notify us of any unauthorised use.

The Starter (free) tier requires an account but does not require payment details. Paid tiers require a valid payment method processed by our billing provider (see §6).

4. Acceptable Use

You agree not to:

• Use the Service in violation of applicable law or third-party rights.
• Attempt to reverse-engineer, decompile, or bypass technical limitations of the Service.
• Resell, sublicense, or white-label the Service without an explicit written agreement (full white-labelling is available on the Enterprise tier; see §5).
• Use the Service to process orders for content or goods that are illegal in the jurisdiction where they are served (e.g., alcohol sales to minors, controlled substances).
• Interfere with, scrape, or attempt to overload the Service.
• Upload content that infringes intellectual-property, privacy, or publicity rights of others.
• Abuse free-tier or trial quotas through multiple accounts or automated sign-ups.

We may suspend or terminate accounts that violate this section without prior notice for serious or repeated breaches.

5. Subscription Tiers, Trials, and Free Tier

5.1 Subscription tiers

The Service is offered in three primary commercial tiers plus Enterprise:

• Starter — a free tier for evaluation and small venues, within published caps.
• PRO — a paid tier for venues that need broader operations, integrations, reporting, and text AI features.
• MAX — a paid tier for venues that need the highest published limits and qualifying voice AI features.
• Enterprise — custom terms for large chains and events, including full white-labelling, SLAs, and bespoke integrations.

Current prices, included quotas, table and location caps, and any fair-use limits are published on the ExcuseMe pricing page and stated in your order form and admin dashboard. Those published figures prevail over any description in this document; we do not restate them here so that a price or quota change does not require re-issuing these Terms.

To protect the per-table model, each QR code position may carry a reasonable fair-use ceiling on orders per calendar month; the applicable figure for your tier is shown in your admin dashboard. See the Acceptable Use Policy.

5.2 30-day MAX trial

New accounts may activate a 30-day MAX trial without providing payment details. At the end of the trial your account automatically downgrades to the Starter tier unless you have taken out a paid subscription. Data created during the trial (menu, orders, configuration) is preserved on downgrade; feature access is adjusted to match the Starter tier.

Trials are available once per Venue and once per controlling entity. Repeated sign-ups intended to extend trial access indefinitely may be treated as a breach of §4.

5.3 Free-tier terms may change with notice

We reserve the right to change free-tier features, caps, and pricing from time to time. Where changes materially reduce the free tier, we will give you at least 60 days' notice by email and in-product banner before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the new terms.

5.4 Paid-tier price changes with notice

We may change subscription prices, included quotas, and overage rates from time to time. Price changes affecting existing paid subscribers take effect no sooner than 60 days after we notify you by email to the address associated with your account. You may cancel before the effective date if you do not wish to accept the new terms.

5.5 Inactivity, suspension, and archive

Inactive accounts impose infrastructure cost and complicate support. Accordingly:

• If a Venue places no orders for 90 consecutive days, we may send reminder messages to the account's notification channels.
• If a Venue places no orders for 180 consecutive days, we may suspend customer-facing access (QR pages return a "venue currently paused" notice; admin sign-in and data remain accessible).
• If a Venue remains suspended for a further 60 days (240 days of total inactivity), we may archive the account and delete non-essential data. An export link is sent to the account owner before archival.

These thresholds apply to Starter accounts by default and to paid accounts only where the subscription has been cancelled or lapsed.

6. Fees, Billing, and Taxes

6.1 Billing provider

Paid subscriptions are processed by Paddle (Paddle.com Market Ltd., Judd House, 18-29 Mora Street, London EC1V 8BT, United Kingdom), which acts as Merchant of Record for the Service. Paddle is responsible for charging your payment method, collecting applicable taxes (including VAT where required), and issuing invoices. Payment-card data is handled by Paddle and is never stored on ExcuseMe systems.

6.2 Billing unit — "per table"

Paid tiers are billed on a "per table" basis. "Table" means a unit of subscription capacity equal to one QR code position chosen during onboarding and stored as the tenant's billed table quantity. You are billed for your chosen quantity each month regardless of how many QR codes actually receive orders during the period.

6.3 Changes to table count and tier

You may increase your billed table quantity or upgrade your tier at any time; the change takes effect immediately and Paddle applies a pro-rated charge. Decreases and downgrades take effect at the start of the next billing period, unless otherwise agreed with our support team.

6.4 AI usage and overage

Each paid tier includes a monthly allowance of AI usage — text bartender conversations on PRO and MAX, and voice-ordering minutes on MAX. The included allowances and the per-unit overage rates are published on the pricing page and shown in your admin dashboard. Usage beyond the included allowance is handled as follows:

• By default, the affected AI feature pauses for the remainder of the billing period (order-taking through the menu continues working normally).
• If you enable overage billing in your admin settings and set a monthly ceiling, additional usage is billed at the published per-unit rate up to the ceiling you set, with alerts as you approach it. Once the ceiling is reached, the affected AI feature pauses again.

6.5 Seasonal pause

Subscriptions can be paused through Paddle's pause/resume flow for seasonal venues (e.g., closed off-season). No subscription charges accrue during the pause; customer-facing QR pages display a "venue currently paused" message.

6.6 Refunds

Subscription fees are non-refundable except as stated in the Refund and Cancellation Policy, in an applicable order form, or where mandatory law requires otherwise.

7. Customer Data and Privacy

Data you or your customers upload, enter, or generate through the Service ("Customer Data") remains your property. We process Customer Data solely to provide the Service to you, as described in our Privacy Policy and, where applicable, a Data Processing Agreement.

You are responsible for ensuring that you have the legal right to collect and transmit Customer Data to us, including any consents required under applicable privacy law (e.g., GDPR, UK GDPR, CCPA).

AI conversations routed through the Service are processed by our AI sub-processors. The current list, including the purpose of each provider and applicable transfer safeguards, is in our Subprocessors list. We do not use your Customer Data to train public AI models.

Archived or deleted Customer Data is removed within a reasonable time frame; backup retention may extend deletion by up to 90 days.

8. Intellectual Property

The Service, including all underlying software, trademarks, and content we create, is owned by ExcuseMe or its licensors. These Terms do not transfer any ownership rights to you. You grant us a non-exclusive, worldwide, royalty-free licence to host, process, display, and otherwise use Customer Data as necessary to provide the Service.

The "Powered by ExcuseMe" attribution is shown on customer-facing pages on all self-serve tiers (Starter, PRO, and MAX). It is removed only under a white-label arrangement, which is available on the Enterprise tier.

9. Third-Party Services

The Service integrates with third-party tools (e.g., Paddle for billing, Supabase for hosting, Anthropic / OpenAI / Google for AI features, Google for authentication, Slack / Discord / Telegram for alerts). Your use of those third-party services is governed by the applicable provider's terms; we are not responsible for their availability or conduct.

10. Warranties and Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law. We do not warrant that the Service will be error-free, uninterrupted, or secure against all possible threats.

AI-generated suggestions (menu recommendations, upsells, summaries) are provided for convenience only; you are responsible for reviewing AI output before relying on it for commercial decisions.

11. Limitation of Liability

To the maximum extent permitted by law, ExcuseMe's total aggregate liability arising out of or in connection with these Terms or the Service is limited to the greater of (a) the total amounts you paid to ExcuseMe during the twelve (12) months preceding the event giving rise to liability, and (b) one hundred euros (€100). We are not liable for any indirect, consequential, incidental, special, or punitive damages, including lost profits, lost revenue, lost data, or business interruption.

Nothing in these Terms excludes liability that cannot be excluded under applicable law (including fraud, gross negligence, wilful misconduct, and any liability for death or personal injury caused by negligence where so required).

12. Indemnity

You agree to indemnify and hold ExcuseMe harmless from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from (a) your breach of these Terms, (b) your Customer Data, or (c) your use of the Service in violation of applicable law.

13. Termination

You may cancel your subscription at any time through your admin settings or by contacting support. Cancellation takes effect at the end of the current billing period.

We may suspend or terminate your access immediately if you breach these Terms in a material way, fail to pay amounts due, or if required by law. On termination, your right to use the Service ceases; we will make your Customer Data available for export for a reasonable period before deletion, subject to §5.5.

14. Changes to These Terms

We may update these Terms from time to time. If a change materially affects your rights or obligations, we will give you at least 60 days' notice by email. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. Minor, clarifying, or legally required updates may take effect immediately.

15. Governing Law and Dispute Resolution

15.1 Guest orders

If you place an order as a Guest User at a venue, your food, beverage, refund, fulfilment, and consumer-law relationship is with that venue. Nothing in these Terms limits mandatory consumer rights you may have against the venue that receives and fulfils your order.

15.2 Business disputes (Venue Operators)

If you are using the Service on behalf of a venue (a "Venue Operator" under §1), these Terms are governed by the laws of the country in which the Venue Operator is registered, and any dispute arising out of or in connection with these Terms will be resolved in the competent courts of that country. This venue-friendly clause exists so a Venue Operator never has to litigate ExcuseMe contractual matters outside their own jurisdiction.

ExcuseMe (as a Serbian d.o.o.) retains the right to seek injunctive or similar urgent relief in the courts of its own seat (Niš, Serbia) where doing so is necessary to protect the Service or its users from imminent harm.

16. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any order form you sign, constitute the entire agreement between you and ExcuseMe regarding the Service.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
• No waiver. Failure to enforce any right under these Terms is not a waiver of that right.
• Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. Notices to you may be sent to the email address on your account; notices to us must be sent to hello@excuseme.pro.

17. Contact

Questions about these Terms can be sent to hello@excuseme.pro.