Beta Trial ‘Toqan for Restaurants’
Last Updated: March 2026
Terms of Service
Terms of service
These Terms of Service (these "Terms"), which together with our Privacy Statement and any other documents incorporated by reference are collectively referred to as this "Agreement", govern ("your", the "Customer") access to and use of the product Toqan for Restaurants (the "Product") and any related services, features, content, and functionality (collectively, including the Product, the "Services") provided by MIH AI B.V., a private limited company registered in the Netherlands with registration number 90959582 and registered office at Symphony Offices, Gustav Mahlerplein 5 1082 MS, Amsterdam, The Netherlands ("we", "us", "our", or the "Supplier").
By using the Services, you agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a company, you represent that you have the authority to bind that entity. If you do not agree to the terms of this Agreement, you must not access or use the Services.
1. Trial & beta disclaimer
Free evaluation. The Services are provided for free on a temporary trial basis for evaluation purposes only.
Product evolution. As this is a free trial, we reserve the right to amend these Terms and to modify, suspend, or terminate any Product features or the Services entirely at any time, without notice or liability to you. Any amendment to these Terms is effective immediately upon publishing the updated Terms on the Product platform and/or website. Your continued use of the Services constitutes acceptance of the amended Terms.
"As-is" status. The product is a "Beta Service" and is provided "as-is" without any warranties regarding performance or fitness for a particular purpose.
2. Acknowledgment of AI services
The product. Toqan for Restaurants is an AI chatbot and agent that you can integrate with your suppliers and designed to get better business insights and execute operational tasks more efficiently. It operates as a "human-in-the-loop" agent, meaning it prepares actions for your review and will not execute a task without your explicit approval.
Nature of service. You acknowledge that the Services are powered by artificial intelligence. Output is generated by algorithms and does not represent the views of the Supplier.
No guarantee of accuracy. AI-generated content may be inaccurate, incomplete, or biased. The Supplier provides no warranty regarding the reliability of any Output. This also includes any actions undertaken by the Product on your behalf.
Verification requirement. You are responsible for independently verifying the accuracy of all Output. You agree that any reliance on Output is at your own risk.
No professional advice. Output is for informational purposes only and does not constitute legal, medical, financial, or any other professional advice.
3. Access & fair use
License. Subject to your compliance with these terms, you are granted a limited, worldwide, non-exclusive, and revocable license to use the Services for the duration of the trial.
Users: Access is restricted to your authorised employees and staff only.
Data responsibility. You are solely liable for all your Customer Content and usage of data including Personal Data.
You agree not to:
Prohibited conduct. use the Services for illegal activities, reverse engineering, or to develop competing solutions.
Misuse the services. Reverse engineer, decompile, or attempt to extract the source code of the App or its underlying AI models.
Automate access. Use robots, spiders, or scrapers to access the Services or harvest data.
Interfere with operations. Introduce viruses, bypass security measures, or overburden our infrastructure.
Commercialise. Rent, lease, sell, or sublicense access to the Services.
Infringe rights: Violate any third-party intellectual property, publicity, or privacy rights.
Promote harm. Contain defamatory, obscene, hateful, or illegal material, or promote violence and discrimination.
Abuse AI safety. Attempt to bypass safety filters or "jailbreak" the Services including the artificial intelligence components to generate prohibited content.
Monitoring and enforcement. We reserve the right, but have no obligation, to monitor, review, or remove Customer Content that violates these acceptable use standards. Failure to comply may result in immediate suspension or termination of your account.
4. Intellectual property
Your ownership. You retain all ownership rights in your Customer Content.
Output. Intellectual property created by you using the product is owned by you, subject to Applicable Law.
Supplier intellectual property. We retain all rights, title, and interest in and to the Services. No ownership of the Services or its underlying technology is transferred to you under these Terms.
License to supplier. By submitting Customer Content, you grant us a worldwide, royalty-free, and sublicensable license to use, host, and reproduce your Customer Content solely to operate, maintain, and improve the Services (including fine tuning of our proprietary models) and to comply with legal obligations. We will not use your content to train any third-party large language models.
Feedback. If you provide suggestions or feedback ("Feedback"), you grant us an irrevocable, perpetual, and royalty-free license to use and implement that Feedback for any purpose without any obligation or compensation to you.
5. Privacy
Privacy statement. Our collection, use, and disclosure of your and your employees' Personal Data is governed by our Privacy Statement which is available at [https://www.restaurants.toqan.ai/legal/privacy-policy] and is incorporated into these Terms by reference. You hereby acknowledge you have read and understood this Privacy Statement. By using the Service, you consent to our collection, use, and disclosure of your Personal Data in accordance with our Privacy Statement.
6. Term and termination
Term. Your trial term will commence when you first access the Services and continue until terminated by either party for whatever reason.
Termination by either party. Either party may terminate this Agreement at any time, for any reason or no reason, without prior notice or liability. Termination of this Agreement will immediately terminate your access to the Services.
You may terminate by closing your account.
We may terminate by suspending or discontinuing your access to the Services.
7. Third party integrations
Third-party services. The Product may integrate with or facilitate interactions with third-party websites, applications, or resources, including those owned or operated by our Affiliates ("Third-Party Services").
Authorization warranty. By connecting any Third-Party Service to the Services, you represent and warrant that you possess all necessary rights, licenses, and consents to access and process that data through the Services.
Right to grant access. You confirm that your use of the Services to pull data from or push content to a Third-Party Service does not violate any third-party agreements.
Authentication Assistance. While the Supplier may provide technical authentication assistance to facilitate connections with certain Third-Party Services where feasible, the Supplier does not verify, vet, or evaluate the security, reliability, or suitability of any Third-Party Services. You acknowledge that you are solely responsible for the selection and security of any connection between the Product and your Third-Party Services, and the Supplier shall have no liability in connection with any Third-Party Service integrations.
No endorsement. We do not endorse or assume any responsibility for any Third-Party Services. We have no control over, and assume no responsibility for, the content, privacy policies, fulfilment, or practices of any Third-Party Services, regardless of their affiliation with us.
8. Limitation of liability
Exclusion of liability. We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service (including the use, inability to use or the results of use of the Service) for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Exceptions. Nothing in these Terms excludes or limits our liability for damages resulting from our gross negligence or willful intent, death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under Dutch Law.
Limitation of liability. Subject to the foregoing, our total liability to you in respect of all losses arising under or in connection with the Services or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 250 (two hundred fifty) Euro. Our total liability to all users of the Services in respect of all losses arising under or in connection with the Services or use of it originating from the same event or cause, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50.000 (fifty thousand) Euro.
9. Indemnity
Save to the extent attributable to the Supplier's gross negligence or willful misconduct, you agree to indemnify and hold harmless the Supplier, its Affiliates, and their respective officers and employees from and against any third-party claims, liabilities, or expenses (including reasonable legal fees) arising out of:
Your use of the Services in a manner that violates these Terms or Applicable Law; or
Content submitted by you that infringes the intellectual property, privacy, or other rights of a third party.
10. Governing law and jurisdiction
Governing law: These Terms and any disputes arising from them shall be governed by the laws of the Netherlands.
Jurisdiction: Disputes shall be settled exclusively by the Netherlands Commercial Court (NCC) in Amsterdam, in English.
11. Definitions
In these Terms, the following terms shall have the meanings set out below:
"Affiliates" means with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party. For purposes of this definition, "control" means the ownership of more than 50% of the voting securities or other ownership interests of an entity, or the power to direct the management and policies of an entity.
"Applicable law" means all applicable laws, statutes, regulations, and legally binding codes of practice in the United Kingdom, the Netherlands, and the European Union, including consumer protection legislation and data protection legislation and AI specific regulation.
"Content" means any text, graphics, images, audio, video, software, data compilations, and any other information or material.
"Customer content" means any Content that you submit, upload, post, or transmit through the Service.
"Intellectual property rights" means patents, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
"Output" means any content, text, responses, suggestions, recommendations, or other materials generated by the Service's artificial intelligence in response to your prompts, queries, or Customer Content.
"Personal data" has the meaning given to it in the General Data Protection Regulation (EU) 2016/679 and the UK Data Protection Act 2018.