Terms & Conditions

Last update was in August, 2022.

These terms of service (“Terms”) constitute a legally binding agreement between Eatle INC, doing business as Thisway (“Thisway”, “Eatle”, “we”, “us”, or “our”), and you (“you” or “your”), acting as a Customer of a Merchant that receives services from Eatle INC. These Terms govern your usage of and access to our Services, our website located at https://www.thisway.co, any website or mobile application developed or maintained by Eatle INC on behalf of a Merchant (“Website” and “Mobile Application”), and any other software or hardware-based product or service provided by Eatle INC in relation to the Services.

By utilizing and accessing our Services, you are agreeing to abide by these Terms, in addition to any stipulated terms, policies, guidelines, or rules referenced within our Services, which are fully integrated into these Terms. It is acknowledged that you have reviewed our Privacy Statement. It is important to note that these terms encompass an agreement to settle disputes through arbitration, indicating that both you and Eatle INC are relinquishing the right to a trial by jury. Both parties commit to resolving any disputes through binding arbitration on an individual basis.

Section 1. PRODUCTS AND SERVICES

Thisway offers technology and software development services to restaurants (referred to as the “Merchant” or “Merchants”) that empower their customers (“Customers”) to place orders for products and services using self-service kiosks, QR scan, mobile applications, and online solutions, including website and app-based ordering (collectively referred to as the “Services”).

Utilizing our Services requires a Thisway Subscription. You are accountable for maintaining the confidentiality and security of your account. Thisway is not accountable for any losses arising from unauthorized use of your account by your customers, potential customers, clients, potential clients, users, or other designated third parties (referred to as “Customers”), or for any data and other information that you make available to Customers through the Services (“Content”). If you suspect that your account has been compromised, please contact Thisway. Your utilization of the Services and Content must adhere to the stipulations outlined in this Agreement. You are solely responsible for ensuring that your use and your Customers’ use of the Services comply with all applicable laws and regulations, including but not limited to age verification requirements for the sale, marketing, and dispensation of regulated products such as alcoholic beverages or other items governed by regulatory entities like the U.S. Food and Drug Administration, Drug Enforcement Agency, or other Federal, State, or local government bodies. Moreover, you must ensure compliance with any applicable payment processing agreement and hardware agreement, including refraining from using the Thisway Self Service Kiosk as an unmanned kiosk. Any other use of the Services and Content constitutes a material breach of this Agreement. To ensure compliance with these requirements, Thisway may monitor your use of the Services and Content. Please use the Services and Content exclusively for the purpose of receiving Services. Additionally, it is your responsibility to safeguard Content against loss, destruction, or damage after download. Regularly backing up your Content and your Customers’ Content is strongly recommended. You are prohibited from tampering with or bypassing any security technology integrated into the Services. Access to our Services is permitted solely through Thisway’s software, and you are not authorized to modify or use modified versions of such software. Thisway assumes no responsibility for any copyright or intellectual property infringements related to your Content or your Customers’ Content. Thisway does not assert any intellectual property rights over the material you present or display on the platform. By uploading Content into the Services, you consent to permitting Customers to view your product details and Content. Moreover, you agree to indemnify and hold Thisway harmless from any claims of copyright or intellectual property infringement, or any other claims related to such Content or products supplied. Thisway reserves the right to retain and display your Content and product details, review the Content you submit, and remove items, products, or Content at its discretion.

The Services encompass certain features that are accessible through mobile devices, tablets, or other electronic devices. This includes the ability to upload Content, access Services, and use certain features via downloaded and installed applications (collectively referred to as the “Mobile Services”). Usage of specific Mobile Services may be restricted or prohibited by your Customers’ carriers, and not all Mobile Services may be compatible with all carriers or devices. By utilizing the Services, you grant consent for Thisway to communicate with you and your Customers through SMS, MMS, text messages, or other electronic means. Additionally, certain information about your usage of the Mobile Services and your Customers’ usage may be communicated to Thisway. You also authorize Thisway to process data from your business in collaboration with our partners to provide various services.

Section 2. PAYMENT

You consent to the payment of the Services as outlined in the pricing schedule accompanying this Agreement. We retain the right to adjust these prices, with prior written notification to you. Irrespective of whether you collect fees from your Customers for the Services and regardless of the termination of this Agreement, you bear the responsibility for remunerating the Services utilized by you and your Customers.

You agree to furnish accurate, truthful, and correct payment details along with a valid payment method that is eligible for purchasing goods and services through our Services ("Payment Method"). You acknowledge that using another individual's payment information or any unauthorized payment method is prohibited. By consenting, you permit Thisway to verify the good standing of your Payment Method with the relevant financial institution. To facilitate this, Thisway may seek authorization to conduct a test payment transaction on your Payment Method.

Should you opt to store Payment Method details with Thisway through any of our Services for your convenience and future transactions, you consent to Thisway receiving current information about your Payment Method (such as card number or expiration date) through services provided by card networks. Additionally, you allow Thisway to periodically update the Payment Method credentials stored with us (if you choose to store such credentials) based on the information available from the card networks.

Section 3. YOUR CONTENT

Ownership of Your Content. You maintain all rights to Your Content, and this Agreement acknowledges that such rights remain exclusively with you. With the exception of the provisions outlined herein, this Agreement does not confer any ownership rights over Your Content to THISWAY.

License Granted to THISWAY. By making Your Content available through the Thisway, you grant us a worldwide, non-exclusive, non-transferable, sublicensable (as needed for subcontracting), royalty-free license. This license empowers us to use, host, store, reproduce, modify, publish, list, translate, distribute (to Users), perform (for Users), display (to Users), and create derivative works of Your Content. These permissions are granted solely to facilitate the provision of the Thisway offering to you and your Users, and as otherwise authorized in this Agreement.

Your Duties and Representations. You affirm that you and your Users possess the right to upload or provide Content to Thisway, and that such actions do not infringe upon the rights of any third party. Your responsibilities include: (i) ensuring compliance with this Agreement and Order by you and your Users; (ii) upholding the accuracy, quality, and legality of the Content, as well as its proper use in conjunction with the SaaS and other software; (iii) employing reasonable measures to prevent unauthorized access or use of the SaaS and Third Party Content, and promptly informing Thisway of any such breaches; and (iv) utilizing the SaaS and Third Party Content in alignment with this Agreement, Orders, and applicable laws. If Thisway determines that your use of the SaaS poses a threat to its security, integrity, or availability, it reserves the right to suspend the SaaS. If you disclose or transmit Your Content to a third party, Thisway is no longer accountable for its security, integrity, or confidentiality beyond its control. Thisway is not liable for any errors, omissions, loss, or damage arising from the use, access, or denial of access to Your Content. While THISWAY is not responsible for Your Content, it may delete Your Content without notice if it violates this Agreement or any law.

Handling of Your Content. Thisway will not access, view, or process Your Content except in compliance with the terms of this Agreement, as stated in Thisway’s Privacy Policy (available at https://thisway.co/privacy or any successor site), as authorized or instructed by you, as required for fulfilling its obligations under this Agreement, or as mandated by applicable law. No further obligations regarding Your Content are assumed by Thisway.

Section 4. INTELLECTUAL PROPERTY RIGHTS

The Services and Mobile Services provided by Thisway are licensed, not sold, to you. Thisway retains all rights to the Services and Mobile Services that are not explicitly granted to you under this Agreement. Thisway provides you with a nontransferable license to use the Services in accordance with the terms outlined in this Agreement. You are prohibited from transferring, redistributing, or sublicensing the Services. Copying, reverse-engineering, disassembling, attempting to derive the source code of, modifying, or creating derivative works of the Services or Mobile Services, including any updates, is not permitted, except to the extent that such restrictions are prohibited by applicable law or allowed by the licensing terms governing the use of any open-sourced components included with the Services or Mobile Services.

Section 5. WARRANTY

THISWAY DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION REGARDING THE APPLICABILITY OF FEDERAL, STATE, OR LOCAL LAWS TO THE DELIVERY OR USE OF THE SERVICES OR MOBILE SERVICES. THE MERCHANT ACKNOWLEDGES AND AGREES THAT IT IS EXCLUSIVELY RESPONSIBLE FOR USING THE SERVICES, CONTENT, PRODUCTS SUPPLIED OR DISPENSED, AND MOBILE SERVICES IN ACCORDANCE WITH ALL RELEVANT LEGAL REQUIREMENTS. THE MERCHANT SHALL INDEMNIFY AND RELEASE THISWAY FROM ANY LIABILITY ARISING FROM ANY BREACH OF SUCH LEGAL OBLIGATIONS.

Section 6. LIMITATION OF LIABILITY

NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THISWAY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY. THISWAY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR OR YOUR CUSTOMERS’ USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE THAT THISWAY MAY REMOVE, CANCEL, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE. THE SERVICES AND CONTENT DELIVERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NEITHER PARTY, INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR YOUR CUSTOMERS’ USE OF THE SERVICES, OR ANY CLAIMS RELATED TO SUCH USE, INCLUDING ERRORS, OMISSIONS, LOSS, OR DAMAGE OF ANY KIND INCURRED FROM CONTENT MADE AVAILABLE VIA THE SERVICES. THISWAY DOES NOT ASSURE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACKS, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONS, AND YOU RELEASE THISWAY FROM LIABILITY REGARDING SUCH MATTERS. IN NO EVENT SHALL THISWAY'S TOTAL LIABILITY TO YOU FOR DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED FIFTY DOLLARS ($50.00). THESE LIMITATIONS APPLY EVEN IF THE REMEDY STATED ABOVE FAILS OF ITS ESSENTIAL PURPOSE. YOU MAY NOT USE OR EXPORT THE SERVICES CONTRARY TO UNITED STATES LAW. SPECIFICALLY, THE SERVICES MAY NOT BE EXPORTED OR RE-EXPORTED INTO U.S.-EMBARGOED COUNTRIES OR TO INDIVIDUALS ON THE U.S. TREASURY DEPARTMENT'S SPECIALLY DESIGNATED NATIONALS LIST, U.S. DEPARTMENT OF COMMERCE DENIED PERSONS LIST, OR ENTITY LIST. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN ANY SUCH COUNTRY OR LISTED ENTITY, AND YOU AGREE NOT TO USE THE SERVICES FOR PROHIBITED PURPOSES UNDER UNITED STATES LAW, INCLUDING THE DEVELOPMENT, DESIGN, MANUFACTURE, OR PRODUCTION OF NUCLEAR, MISSILE, OR CHEMICAL OR BIOLOGICAL WEAPONS.

Section 7. TERMINATION

This Agreement becomes effective upon electronic or manual signing by the parties and remains in force until termination as outlined below. In the event of termination, the Merchant agrees to settle any outstanding fees.

Either party may terminate this Agreement with a written notice of at least 10 days to the other party. Termination will not affect accrued rights or liabilities, nor provisions intended to remain in force. Termination will not release you from the obligation to pay Thisway for Services used by your Customers even after termination.

Section 8. ORDER CANCELLATION AND REFUNDS

Upon placing an order or making a purchase through This way’s Services, all cancellations and refunds will be subject to the policies set by the Merchant. Should you wish to cancel an order or seek a refund, you must directly contact the Merchant. Thisway assumes no responsibility and will not be held liable for cancellations or refund requests.

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‍Section 9. USER ACCOUNT

By using our services, you agree to provide accurate, truthful, and correct information. You are prohibited from misrepresenting your identity or using someone else's information to create your user account. It is your responsibility to promptly inform us of any changes, modifications, or updates to your information.

Thisway reserves the right, at its sole discretion, to decline the creation of your account. Additionally, Thisway holds the authority to suspend or terminate your account without prior notice if such action is required to adhere to applicable laws, regulations, or rules.

Section 10. CONFIDENTIALITY

Neither party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

Section 11. INDEMNIFICATION

You (and any third party for whom you operate an account or activity on the Services) agree to defend, indemnify, and hold Thisway harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising from:

(i) your Content or your access to or use of the Services;

(ii) your supplied or dispensed products;

(iii) your breach or alleged breach of this Agreement;

(iv) your violation of any third-party rights, including intellectual property, copyright, trademarks, confidentiality, property, or privacy rights;

(v) your violation of laws, regulations, codes, statutes, ordinances, or orders of governmental authorities; or

(vi) any misrepresentation made by you. You agree to cooperate as required by Thisway in the defense of any such claim.

Section 12. CONFIDENTIALITY

Section 13. ARBITRATION

All disputes between you and Thisway will be resolved through binding, individual arbitration in accordance with the American Arbitration Association's consumer-related dispute rules, waiving the right to a trial by jury. The Federal Arbitration Act governs this dispute resolution provision. If the American Arbitration Association cannot set a hearing date within 180 days of filing, either Thisway or you can opt for arbitration by the Judicial Arbitration and Mediation Services. The arbitrator's award may be entered in any court of competent jurisdiction. The arbitrator cannot award damages, remedies, or awards that conflict with this Agreement or applicable law. If any provision of this Agreement is deemed unlawful or unenforceable during arbitration, it will be severed and not affect the validity of remaining provisions. Thisway's failure to enforce a provision doesn't waive its rights. Thisway can modify this dispute resolution provision, but changes won't apply to disputes arising before the amendment's effective date.

Section 14. GOVERNING LAW

This agreement shall be governed by and interpreted in accordance with the laws of the State of California, United States, without giving effect to its conflicts of laws principles.

Should we fail to enforce any right or provision within these terms, it shall not be deemed a waiver of such rights. If any provision of these terms is found by a court to be invalid or unenforceable, the remaining provisions of these terms shall remain in full force and effect. These terms represent the complete and exclusive agreement between us concerning the Service, superseding and replacing any prior agreements, whether oral or written, that may have existed between us concerning the Service.

Section 15. PRIVACY

As part of your obligations, you are required to prominently display a privacy policy on your storefront that aligns with the relevant legal requirements for your business. Furthermore, you are obligated to secure consent from your valued Customers, granting permission for Thisway and duly authorized third parties to access and utilize their personal as well as financial information. It's crucial to note that any data collected or employed by Thisway in accordance with the terms of this Agreement will be meticulously handled in strict accordance with Thisway's comprehensive Privacy Policy.

In the ongoing pursuit of enhancing and advancing the Services, Mobile Services, associated products, and overall experiences for both Customers and Merchants, Thisway may engage in the collection of specific usage statistics. These statistics may encompass various aspects of how the Services are being interacted with and utilized. Such data, aggregated and anonymized, may be integrated within internal databases maintained by Thisway. These databases serve the purpose of facilitating innovation, refining account-related activities, and delivering services to clients. Importantly, any utilization of collected data will meticulously adhere to the stipulations set forth by all applicable rules, regulations, and laws governing data privacy and usage.

Section 16. MISCELLANEOUS

Thisway reserves the right to make modifications to this Agreement at any time, including the addition of new terms or conditions governing your use of the Services. Such modifications and additional terms will take immediate effect upon their implementation and will be seamlessly integrated into this Agreement. Your continued utilization of the Services will signify your acceptance of these changes.

It is important to acknowledge that Thisway holds no responsibility or liability for any third-party materials integrated within or linked from the Content or the Services. You acknowledge that the Services, encompassing Content, graphics, user interface, audio and video clips, editorial content, scripts, and software used for Service implementation, contain proprietary information and materials owned by Thisway and/or its licensors. These materials are protected by applicable intellectual property laws, including but not limited to copyright. You pledge to utilize such proprietary information and materials exclusively in accordance with the terms of this Agreement. Reproduction of any part of the Services is prohibited except as expressly permitted by this Agreement. Furthermore, you agree not to modify, rent, sell, distribute, or exploit the Services or our Content in any unauthorized manner. Thisway's trademarks, service marks, graphics, and logos associated with the Services are protected trademarks or registered trademarks owned by Thisway in various jurisdictions.

It's important to recognize that you do not acquire any rights or licenses in relation to the aforementioned trademarks. However, you grant Thisway the right to use your trademarks, service marks, graphics, logos, Content, and any other information or data you provide to us in connection with the Services. This Agreement constitutes the entire understanding between you and Thisway, governing your utilization of the Services and superseding any previous agreements on the same subject matter between you and Thisway. Additional terms and conditions may apply when you use affiliate services, third-party content, third-party software, or supplementary services. If any part of this Agreement is deemed invalid or unenforceable, the remaining provisions shall be interpreted to reflect the original intentions of the parties as closely as possible within the boundaries of applicable law. Thisway's failure to enforce any aspect of this Agreement will not be considered a waiver of that provision or any other. Events beyond Thisway's control will not render Thisway responsible for failing to fulfill its obligations.

You commit to complying with all local, state, federal, and national laws, statutes, ordinances, and regulations relevant to your use of the Services. Your use of the Services may also be subject to other legal requirements. No Thisway employee or agent possesses the authority to modify this Agreement. Communication regarding the Services may be conducted through email, postal mail, or postings on the Services. Such notices will become effective immediately. Thisway may also reach out to you via email or push notifications to convey additional information about the Services. By accepting this Agreement, you authorize Thisway to undertake actions that it reasonably deems necessary or appropriate to enforce and/or verify compliance with any provision herein. You also grant Thisway the right to disclose data and information to law enforcement authorities, government officials, or third parties if Thisway believes such action is necessary to enforce or verify compliance with this Agreement, including situations where your use of the Services and/or Content is alleged to be unlawful or infringing on a third party's rights.

Section 17. HARDWARE

The terms in this Section 17 apply to Your purchase of Hardware pursuant to an Order with Thisway. It's important to note that this Section 17 does not apply to any Hardware procured from a Thisway Partner or another supplier. This Section 17 will conclude concurrently with the General Terms.

Hardware will be delivered with a shipping company. The "Location" refers to the delivery address you indicate on your Order or, when absent, the address specified in the Order will apply. Thisway will make reasonable efforts to ensure Hardware delivery within a timeframe consistent with its historical practices for the ordered quantity and type of Hardware. Delivery dates are approximations unless expressly agreed otherwise in an Order. Shipping costs are your responsibility. Thisway makes no assurances about the availability of specific Hardware. Substitutions to the Hardware may be made based on manufacturer availability. Hardware must be installed at the designated Location specified in your order. Any intention to relocate the Hardware should be communicated to Thisway, and such relocation may incur additional fees. It is important to note that Thisway does not guarantee operability if Hardware is moved from its original Location. Any inoperability due to or connected with Hardware relocation is not the responsibility of Thisway. You are accountable for the installation and setup of the Hardware, unless you have purchased relevant Services from Thisway for the said Hardware. Unless otherwise stipulated in an Order, Hardware fees and shipping costs are payable upon Order execution and will be charged using the payment method on record with Thisway.

If you take part in a Pilot (as defined below) that includes the provision of no-cost Hardware (as specified in an Order), you have the following obligations: (i) Returning the Hardware to Thisway in good operational condition, subject to reasonable wear and tear, at your sole cost and expense upon the conclusion or termination of the Pilot, or (ii) Payment for the Hardware as per the terms of the Order (if the amount is unspecified, you will be invoiced the then-current Manufacturer's Suggested Retail Price, MSRP).

You authorize Thisway to charge the payment method on file with Thisway if you fail to return the Hardware as outlined above.

To the extent permissible, THISWAY will pass on all applicable Hardware warranties from the original equipment manufacturer to you. WITH THE EXCEPTION OF WHAT IS STATED IN THE PRECEDING SENTENCE, THE WARRANTY DISCLAIMERS.

Section 18. HARDWARE AS A SERVICE (HaaS)

The provisions outlined in this Section 18 are applicable to your acquisition of Hardware-as-a-Service (HaaS) through an order. It's important to clarify that this Section 18 does not pertain to any Hardware obtained from a Thisway Partner or any other supplier. This Section 18 will conclude concurrently with the General Terms. For clarity, if you opt for HaaS, the terms in Section 17 shall not be applicable.

Hardware will be delivered to the designated Location, and you are responsible for the payment of associated shipping costs.

Thisway will make reasonable efforts to ensure timely Hardware delivery, aligning with historical practices; however, delivery dates remain estimates unless expressly specified in an Order. Thisway retains sole discretion in determining the Hardware available for HaaS offerings. The availability and pricing of Hardware may change without notice. There is no assurance of specific Hardware availability, and substitutions may occur based on manufacturer supply. The Hardware must be installed at the Location indicated in your order. If you intend to relocate the Hardware from this Location, advance notification to Thisway is required, and additional charges may apply. It is essential to note that the operability of Hardware post-relocation cannot be guaranteed, and any resulting inoperability will be your responsibility. Upon Hardware receipt, thorough inspection and the presence of an authorized representative are required during delivery. Visible damage or missing items must be reported in writing to Thisway within 1 business day of delivery, detailing the issues at hello@thisway.com. Failure to provide timely notification deems the delivery accepted, transferring the risk of loss to you, thus making you liable for any ensuing damages. Unless Services for the Hardware have been purchased from Thisway, you are accountable for the Hardware's installation and setup as part of the HaaS offering.

Your Obligations;You must fulfill the following obligations concerning the Hardware: (i) Ensure the Hardware is operated within suitable conditions adhering to Thisway's site requirements. (ii) Maintain the Hardware in good operational condition, allowing for reasonable wear and tear. (iii) Keep the Hardware under your possession or control within the specified Location or other approved locations sanctioned in writing by Thisway. (iv) Prohibit selling, offering for sale, subletting, lending, or creating any form of encumbrance on the Hardware. (v) Ensure your network and systems comply with the specifications provided by THISWAY. (vi) Ensure the Hardware's removability from the premises without being essential to the property. (vii) Utilize the Hardware in alignment with manufacturer specifications. (viii) Employ the Hardware safely and in adherence to relevant laws, rules, or regulations. (ix) Grant THISWAY or its authorized representatives access for Hardware inspection with reasonable notice. (x) Refrain from making alterations or modifications to the Hardware.

During the Subscription Term, title to the Hardware remains vested in Thisway. You acknowledge and agree that you possess no right to purchase the Hardware. You must reasonably safeguard and protect This way’s title to the Hardware, ensuring it is free from claims, liens, charges, or encumbrances.

Throughout the Subscription Term, you must take reasonable precautions to prevent losses or damages to the Hardware. You are obligated to maintain adequate insurance coverage, sufficient to address losses or damages related to the Hardware. Upon request, you must furnish Thisway with an insurance certificate as evidence of compliance.

HaaS subscriptions are procured for specified Subscription Terms. HaaS fees are payable monthly in advance. Initial month's fees will be prorated based on the Order date and due upon Order execution. Payment will be charged using the payment method on record.

Within 5 days of Order or HaaS subscription termination or expiration, you are obligated to return the Hardware, including accessories, at your expense, to the address designated by Thisway. The Hardware must be in the same operational, repaired, conditioned, and presentable state as on the delivery date, reasonable wear and tear excepted.

Upon Hardware receipt, Thisway has 30 days to inspect and confirm adherence to condition requirements. If the Hardware does not meet the stipulated condition upon inspection, you will be liable to pay Thisway an amount equal to the Hardware's Manufacturer's Suggested Retail Price (MSRP) on the termination date.

Furthermore, you must pay HaaS fees for the Hardware until either (i) the Hardware reaches Thisway, or (ii) Thisway receives an amount equivalent to the Hardware MSRP. Failure to adhere to the specified return conditions authorizes Thisway to charge the payment method on record.

Failure to comply with return requirements, payment obligations, or material breaches of the General Terms grants Thisway the right, without legal process, to personally or through its agent, access the premises, take possession of the Hardware, and retrieve it. Thisway will extend any Hardware warranties provided by the original equipment manufacturer to you. Notwithstanding, except for the specific warranty provision outlined above.

Section 19. NOTICE

Thisway reserves the right to update this Agreement at its discretion by posting changes at https://thisway.co/terms or a successor site. The version of the Agreement in place on the Order date governs that Order. Changes require written agreement between you and THISWAY, except as specified below. Notices under this Agreement must be in writing and effective upon (i) personal delivery, (ii) delivery via prepaid overnight express service, or (iii) email for non-legal notices, or the day of sending for Legal Notices. Billing-related notices to you go to your designated contact. Notices to Thisway; EATLE, INC DBA THISWAY, 548 Market St, PMB 95796, San Francisco CA 94104 USA, Attention: Legal Department, with a copy to hello@thisway.co

Thisway is an independent contractor, and no partnership, joint venture, or agency relationship exists between us. No Party will assign rights or obligations without the other Party's written consent. However, Thisway may assign this Agreement and/or an Order to an Affiliate or in connection with corporate actions. If a provision is deemed illegal, invalid, or unenforceable, it will be amended to achieve the same economic effect, and the rest of the Agreement stands. Thisway may use Your name and marks to identify You as a customer. Thisway's use doesn't create ownership rights, and all rights not granted remain yours. This Agreement supersedes prior agreements, prepared in English, controlling over non-English versions. Conflict with the Order is resolved in favor of the Agreement. Headings for convenience only.

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