Effective July 26, 2026
These Terms of Service ("Terms") govern your access to and use of the Apogee OI restaurant operations platform, websites, and related services (the "Service"). By creating an account, starting a trial, or using the Service, you agree to these Terms. If you are agreeing on behalf of a business, you represent that you are authorized to bind that business ("Customer," "you").
If you do not agree to these Terms, do not use the Service.
Apogee OI provides software for restaurant and bar operations, which may include inventory, invoice capture, recipe costing, scheduling and labor, tip-out, sales and financial reporting, forecasting, an AI assistant, and integrations with third-party systems. Features vary by subscription plan and may change over time.
You must be at least 18 years old and provide accurate, complete information. You are responsible for safeguarding your login credentials and for all activity under your account, including that of managers, staff, and other authorized users you invite ("Authorized Users").
You are responsible for your Authorized Users' compliance with these Terms and for promptly deactivating access for anyone who should no longer have it.
Paid plans are billed per location on a monthly or annual basis. Free trials, where offered, convert to a paid subscription unless cancelled before the trial ends.
For billing purposes, a "location" means a distinct food-and-beverage operation with its own menu, point of sale, and profit-and-loss — typically a single restaurant or bar. A property or venue that runs multiple distinct concepts or revenue centers (for example, separate restaurants, bars, or a banquet/events operation under one roof) counts as one location per such concept or revenue center, and each separate physical address is a separate location. Staff and user accounts within a location are unlimited.
As between you and Apogee OI, you own the data, files, and information you or your Authorized Users submit to the Service ("Customer Data"). You grant Apogee OI a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and as described in our Privacy Policy.
You represent that you have all rights and permissions necessary to submit Customer Data and that it does not violate any law or third-party right.
The Service lets you store personal information about your staff — which may include names, contact details, government identifiers such as Social Security numbers, tax and onboarding documents, wages, hours, and tips. With respect to this information, you are the data controller and Apogee OI acts as a processor on your behalf.
You are solely responsible for providing any required privacy notices to your staff, obtaining any required consents, and handling this information in compliance with applicable employment, tax, privacy, and data-security laws. Apogee OI processes it only on your instructions and as described in the Privacy Policy.
You agree not to: (a) use the Service unlawfully or to violate employment, wage, tax, or privacy laws; (b) upload data you lack the rights or consents to provide; (c) reverse engineer, copy, resell, or provide the Service to third parties except your own locations and staff; (d) probe, disrupt, or overload the Service or its security; or (e) use the Service to build a competing product.
The Service can connect to third-party systems you choose to enable (for example, point-of-sale or events platforms). Your use of those services is governed by their own terms, and Apogee OI is not responsible for third-party services, their availability, or their data practices. Disabling an integration may limit certain features.
Some features — including forecasting, the AI assistant, and document/invoice extraction — use automated and AI systems and may produce inaccurate or incomplete results. They are provided to assist you and must not be solely relied upon for financial, accounting, tax, legal, employment, payroll, or purchasing decisions. You are responsible for reviewing and verifying outputs before acting on them.
Apogee OI and its licensors own all rights in the Service, including its software, design, and trademarks. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. If you provide feedback, you grant Apogee OI a perpetual, royalty-free license to use it.
Each party may access the other's non-public information. The receiving party will protect it with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Apogee OI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY OUTPUT, REPORT, OR FORECAST IS ACCURATE. THE SERVICE IS NOT ACCOUNTING, LEGAL, OR TAX ADVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Apogee OI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. Apogee OI'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
You will defend and indemnify Apogee OI against claims, damages, and costs arising from your Customer Data, your Authorized Users, or your violation of these Terms or of applicable employment, tax, privacy, or data-security laws.
These Terms apply while you use the Service. Either party may terminate for material breach not cured within 30 days of notice. On termination, your right to use the Service ends. We will make Customer Data available for export for a limited period after termination, then may delete it in the ordinary course.
We may update the Service and these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-app). Continued use of the Service after changes take effect constitutes acceptance.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The state and federal courts located in Texas will have exclusive jurisdiction, and both parties consent to venue there. The parties will first attempt to resolve any dispute informally by contacting each other.
These Terms and the Privacy Policy are the entire agreement between you and Apogee OI regarding the Service. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control.
Questions about these Terms? Contact us at hello@apogeeoi.app.