Terms of Service (Public Offer)

1.Parties and definitions

The Provider is Evgenii Petrov, a natural person (not registered as a sole proprietor). This is a material fact and is stated plainly: no legal entity has been incorporated and no sole proprietorship has been registered, so the party to the contract is a natural person, not a company.

The User is a person operating in the hospitality sector who has accepted these Terms. Also referred to as the "Restaurant". The Service is intended solely for use in business activity and is not intended for personal, family, household or other needs unrelated to such activity.

The Service is the Orlika software available at https://orlika.net, https://app.orlika.net and https://api.orlika.net: taking and managing orders, routing them to the kitchen and bar, managing the floor, zones and tables, the menu and categories, employee accounts, and the related reporting.

User Content means the material the User uploads to the Service: dish names and descriptions, photographs, prices, the venue's logo and marks, zone and table names, and order notes.

Plans means the terms of paid use of the Service as published by the Provider. As at this version, no Plans have been introduced (see section 4).

2.Subject matter

2.1. The Provider grants the User the right to use the Service (a simple, non-exclusive licence) to automate order taking and the internal processes of a hospitality business — within the Service's features and on the terms of these Terms and the Plans in force.

2.2. The Service is provided on an "as is" basis.

2.3. The right of use is granted by remote access. No copy of the software is delivered or assigned to the User; exclusive rights in the Service remain with the Provider.

3.Acceptance of the offer

3.1. Acceptance consists of the User registering with the Service: completing the registration form, ticking the boxes accepting these Terms and consenting to the processing of personal data, and confirming the email address using the code sent.

3.2. From the moment of acceptance these Terms are deemed concluded in writing and remain in force for as long as the Service is used.

3.3. The person accepting confirms that they have the authority to act on behalf of the User.

4.Pilot period and the move to paid Plans

4.1. The Service is at the pilot testing stage. The User is aware that the main purposes of the launch are to find defects, test load and gather feedback.

4.2. During the pilot the Service is free of charge for all categories of user. The Provider charges nothing for access to the administrator, waiter, kitchen or bar features. No payment details are requested and no automatic charging is or can be made: the Service implements no payment acceptance at all.

4.3. The length of the pilot period is determined by the Provider and shown in the Service interface. The Provider may extend or shorten it, notifying the User by email or through the Service interface.

4.4. The Service implements no acceptance of payments from end customers (restaurant guests). All settlements between the User and its customers take place outside the Service.

4.5. During the pilot order data are kept for no more than 6 (six) months from the creation of the order, after which they are deleted or anonymised — the details of the employee who placed the order are removed from them.

4.6. The User may obtain an export of the order data. The export procedure is shown in the Service interface or, where no such feature exists, on request to info@orlika.net.

4.7. The Provider reserves the right to introduce paid Plans for the use of the Service unilaterally — for the Service as a whole or for individual features.

4.8. The Provider will notify the User of the end of the free period and the date paid Plans take effect at least 14 (fourteen) calendar days in advance, by email and/or by a notice in the Service interface.

4.9. After the period in clause 4.8 expires, free access to the Service may be restricted. To continue working, the User selects one of the Plans in force and pays for it.

4.10. A User that does not agree to move to a paid basis may, before the changes take effect, stop using the Service and obtain an export of its data under clause 4.6. Continued use of the Service after paid Plans take effect, and payment, constitute full and unconditional agreement to the new terms.

5.Rights and obligations of the Parties

5.1. The User may:

• use the Service for its intended purpose to run the venue;
• send the Provider reports of defects and suggestions for improvement;
• obtain an export of order data under clause 4.6;
• terminate these Terms at any time under clause 9.2.

5.2. The User must:

• use the Service in accordance with the legislation of the Republic of Armenia;
• keep access credentials (logins and passwords) confidential and notify the Provider immediately of any unauthorised access that comes to its knowledge;
• before entering its employees’ data into the Service, notify them to the extent required by Article 10 of Law of the Republic of Armenia HO-49-N on the Protection of Personal Data and obtain their consent to the processing;
• keep the data entered accurate and up to date, and promptly delete the accounts of employees who have left;
• not enter into the Service any special categories of personal data, biometric data or personal data of restaurant guests;
• not use the Service for any unlawful purpose;
• not attempt to decompile the code, circumvent protections, gain unauthorised access, harvest data automatically or create excessive load;
• not give access to the Service to third parties who are not the User’s employees.

5.3. The Provider may:

• change and extend the Service’s features at any time, carry out maintenance, and suspend or restrict access;
• suspend access to, or delete the accounts of, a User that breaches these Terms;
• use anonymised technical data — which do not allow a person to be identified and are therefore not personal data — to improve the Service;
• ask the User for feedback on the Service; giving feedback is voluntary and is not a condition of access.

5.4. The Provider undertakes to:

• grant the User access to the Service on these Terms;
• take reasonable steps to remedy defects that are identified;
• process personal data in accordance with the legislation of the Republic of Armenia and the Personal Data Processing Policy;
• notify the User of the introduction of paid Plans and of changes to the Terms within the periods set out in sections 4 and 10.

6.Intellectual property and User Content

6.1. All exclusive rights in the Service — including source and object code, design elements, interfaces, databases, algorithms, the "Orlika" designation and elements of its visual identity — belong to the Provider and are protected by intellectual property law.

6.2. No exclusive rights in the Service pass to the User, except the right of temporary use within the features provided by these Terms and the selected Plan.

6.3. All rights in User Content remain with the User or the relevant rights holders. The Provider acquires no rights in User Content.

6.4. The User warrants that it holds all rights, permissions and licences necessary to use and place the Content in the Service. The User is solely and fully liable to third parties for infringement of their copyright, related or other rights where it uploads material belonging to others.

6.5. The User grants the Provider the right to store, display and process User Content solely to operate the Service and perform these Terms.

7.Limitation of liability

7.1. The Service is provided on an "as is" and "as available" basis — in the form and to the extent the Provider makes its features available at the time of use.

7.2. Disclaimer of warranties. No service level agreement (SLA) is concluded. The Provider does not warrant that the Service will operate without interruption, quickly or without error, that it will be available at any given time, or that data will survive a failure.

7.3. The Provider gives no express or implied warranties in respect of the Service, including no warranty of fitness for a particular purpose, profitability of use, performance, systems integration, uninterrupted operation, or freedom from errors and defects.

7.4. Losses. The Provider is not liable for any direct or indirect losses of the User — including lost profit, lost revenue, loss of data, downtime of the venue, or failures in routing orders to the kitchen — arising from the use of, or inability to use, the Service.

7.5. The Provider is not liable for the preservation of the User's data in the event of force majeure or cyberattack, notwithstanding that it takes the reasonable security measures described in the Personal Data Processing Policy.

7.6. The Service's features may be changed, extended or discontinued at any time.

7.7. To remove defects and errors and to improve the Service, the Provider may carry out research, testing, assessment and analysis of how the features perform, and may refine them.

7.8. The Provider is not liable for:

1. temporary failures and interruptions in the Service and any loss of information they cause;
2. breakdowns and other faults of the User’s computer, mobile or any other device occurring while the Service is used;
3. acts and omissions of providers of communications services, networks, software and equipment;
4. any losses incurred by the User in connection with the use of the Service or its individual features;
5. harm to honour, dignity or business reputation, or other harm caused to the User in connection with the use of the Service;
6. unlawful acts of third parties in respect of information the User has placed in the Service itself;
7. unlawful or bad-faith conduct of other users of the Service;
8. the consequences of the User giving access to its account to third parties;
9. unauthorised interference by third parties with the Service, including hacking and DDoS attacks, malware and other disruptions of the Service;
10. losses caused to the User in connection with measures taken to prevent and stop breaches in the Service.

7.9. The User is solely liable to third parties if its acts infringe their rights and legitimate interests. The User is liable for the lawfulness of entering its employees' data into the Service, for the existence of a legal basis for that processing, and for the acts of persons using the Service under its accounts.

8.Personal data

8.1. The processing of personal data is governed by the Personal Data Processing Policy and the Consent to the Processing of Personal Data, which form an integral part of these Terms.

8.2. The division of responsibility in respect of employee data is set out in section 4 of the Policy. In short: the User decides whom to add to the Service and when to remove them; the Provider supplies the technical means and the protection; notifying employees and obtaining their consent is the User's obligation.

9.Term, suspension and termination

9.1. These Terms take effect upon acceptance and remain in force for as long as the Service is used.

9.2. The User may terminate these Terms at any time by sending notice to info@orlika.net or by deleting its account. No payment, penalty or notice period applies.

9.3. The Provider may at any time discontinue support of the Service and terminate these Terms unilaterally, notifying the User through the Service interface or by email.

9.4. The Provider may suspend access to the Service immediately, stating the reason, where the User materially breaches clause 5.2.

9.5. On termination on any ground, the User's data are destroyed in the manner and within the periods laid down in the Personal Data Processing Policy. Before destruction, the User may obtain an export of its data under clause 4.6.

10.Changes to the Terms

10.1. The Provider may amend these Terms unilaterally at any time. A new version takes effect when it is published at https://orlika.net/legal/en/offer.html, unless the new version itself or clause 10.3 provides otherwise.

10.2. The Provider notifies the User of changes by email and/or by a notice in the Service interface.

10.3. Exceptions to clause 10.1. The introduction of paid Plans takes effect within the period set by clause 4.8 (at least 14 calendar days from notification). Changes affecting the personal data processed, the purposes of processing, the recipients or the rights of data subjects take effect no earlier than notification of administrators — Article 10 of Law of the Republic of Armenia HO-49-N requires this, and a contract cannot vary that rule.

10.4. A User that does not agree with the changes may stop using the Service and obtain an export of its data. Continued use of the Service after the changes take effect constitutes full and unconditional agreement to the new version.

10.5. Every version carries a number and an effective date, shown at the top of the document. Previous versions are retained by the Provider and provided on request.

11.Governing law and dispute resolution

11.1. These Terms are governed by the law of the Republic of Armenia, including Law of the Republic of Armenia HO-49-N on the Protection of Personal Data.

11.2. The parties will seek to resolve disagreements by negotiation. A claim is sent in writing to the other party's email address; the period for replying to a claim is 15 calendar days.

11.3. Disputes that remain unresolved are to be heard by the courts of the Republic of Armenia.

11.4. Disputes concerning the processing of personal data may also be brought by the data subject before the authorised body: Personal Data Protection Agency of the Ministry of Justice of the Republic of Armenia, 54b Komitas Ave., Yerevan 0051, Republic of Armenia, phone +374 10 594195, https://dataprotection.moj.gov.am/.

12.Final provisions

12.1. If any provision of these Terms is held invalid, that does not affect the validity of the remaining provisions.

12.2. Legally significant communications are sent to the following email addresses: to the Provider — info@orlika.net; to the User — the address given at registration. The User must keep that address up to date.

12.3. The User may obtain clarification on any matter relating to these Terms by contacting the Provider at info@orlika.net.

12.4. These Terms are made in Armenian, Russian and English. In the event of any discrepancy in interpretation, the Armenian text prevails.