Terms of Service

1. Agreement to Terms

By accessing or using OutpostIQ (“the Service”), operated by OutpostIQ, Inc. (“we,” “us,” or “our”), you (“you” or “Subscriber”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page, updating the “Last updated” date, and, for material changes that affect your rights or obligations, by sending notice to the email address associated with your account at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service before they take effect.

2. Description of Service

OutpostIQ is a software-as-a-service (SaaS) platform that provides restaurant profitability modeling tools, including P&L modeling, what-if analysis, recipe and bar costing, labor modeling, and financial projections. The Service is intended for restaurant operators, consultants, and hospitality professionals.

Certain features of the Service may use artificial intelligence or machine learning algorithms to generate outputs, including but not limited to automated P&L parsing, financial projections, and cost estimates (“AI-Generated Outputs”). AI-Generated Outputs are probabilistic in nature and may contain errors, omissions, or inaccuracies. You are solely responsible for reviewing, validating, and deciding whether to act on any AI-Generated Output. See Section 10 (Disclaimers) for additional detail.

3. Accounts and Registration

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must be at least 18 years of age to use the Service. By creating an account, you represent and warrant that you are at least 18 years old and have the legal authority to enter into these Terms.

If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” refers to the entity.

You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized access to your account that was not caused by our negligence.

4. Subscription Plans, Auto-Renewal, and Payment

OutpostIQ offers multiple subscription tiers (Scout, Operator, Commander). Each plan provides access to different features as described on our pricing page. All plans include a 5-day free trial.

Auto-renewal disclosure: Your subscription will automatically renew at the end of each billing period (monthly) at the then-current rate unless you cancel before the renewal date. By subscribing, you acknowledge and agree that your subscription is subject to automatic renewal and recurring charges. You authorize us to charge the payment method on file for each renewal period until you cancel.

Free trial to paid conversion: If you sign up for a free trial, your subscription will automatically convert to a paid plan at the end of the 5-day trial period. You will be charged the applicable subscription fee unless you cancel before the trial ends. We will send you a reminder email before your trial converts to a paid subscription.

Billing: Subscriptions are billed monthly in advance. Payment is processed through Stripe. You are responsible for providing and maintaining valid payment information.

Cancellation: You may cancel your subscription at any time through your account settings at outpostiq.com/app or by emailing support@outpostiq.com. Cancellation is effective at the end of your current billing period. Upon cancellation, you will retain access to paid features until the end of your current billing period. No refunds will be issued for partial billing periods. If you signed up online, you can cancel entirely online — we will never require a phone call to cancel.

Price changes:We reserve the right to change subscription prices. We will provide at least 30 days' notice before any price increase takes effect on your account. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.

Refund policy: We do not issue refunds for partial billing periods. If you believe you were charged in error, contact support@outpostiq.com within 30 days of the charge.

5. Free Trial

New subscribers receive a 5-day free trial with access to the features of the plan they selected. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid plan and you will be charged the applicable subscription fee. You may cancel at any time during the trial through your account settings at no cost.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to the Service or its related systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to transmit malicious code, viruses, or other harmful content
• Resell, sublicense, or redistribute access to the Service without our prior written consent
• Use automated tools to scrape, extract, or collect data from the Service
• Interfere with or disrupt the integrity or performance of the Service
• Create multiple free accounts to circumvent usage limits
• Use the Service to process data on behalf of third parties in a manner that would make you a service provider or data processor without our prior written consent

We reserve the right to investigate violations of these Terms and may refer matters to law enforcement where appropriate. Violation of these terms may result in immediate suspension or termination of your account.

7. Your Data

You retain all ownership rights in data you input into the Service (“Your Data”). You grant us a limited, non-exclusive license to use, store, process, and display Your Data solely for the purpose of providing and improving the Service for you.

We will not sell Your Data to third parties. We will not share or distribute Your Data except as required by law, as necessary to provide the Service (e.g., database hosting by our infrastructure providers), or as described in our Privacy Policy.

We may use anonymized, aggregated data derived from Your Data (which cannot be used to identify you or your business) to improve the Service, generate industry benchmarks, or for analytical purposes.

You are responsible for maintaining backups of Your Data. While we take commercially reasonable precautions to protect Your Data, we do not guarantee against loss. You represent that you have all necessary rights and permissions to provide Your Data to us and that Your Data does not infringe the rights of any third party.

8. Intellectual Property

The Service and all associated content, features, functionality, branding, and technology — including but not limited to software, algorithms, user interface design, documentation, and trademarks — are owned by OutpostIQ, Inc. and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms. This license does not include any right to modify, create derivative works from, or publicly display the Service.

“OutpostIQ” and the OutpostIQ logo are trademarks of OutpostIQ, Inc. You may not use our trademarks without our prior written consent.

9. Feedback

If you provide us with feedback, ideas, or suggestions about the Service (“Feedback”), you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, and incorporate your Feedback into the Service without obligation or compensation to you.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not guarantee that the Service will be uninterrupted, error-free, secure, or available at any particular time.

Not financial, tax, or legal advice:The financial projections, models, calculations, and AI-Generated Outputs provided by the Service are tools for estimation, planning, and educational purposes only. They do not constitute and should not be relied upon as financial, investment, tax, accounting, or legal advice. Outputs are based on assumptions and inputs that may be incomplete, inaccurate, or outdated. You should consult qualified professionals — such as a certified public accountant, financial advisor, or attorney — before making business or financial decisions based on the Service's outputs.

No guarantee of accuracy: We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of any financial projections, benchmarks, calculations, or AI-Generated Outputs provided by the Service. Actual business results may differ materially from projections. Past performance of any benchmark or model does not guarantee future results.

AI-Generated Outputs: Features that use artificial intelligence or machine learning may produce outputs that appear plausible but are incorrect, incomplete, or misleading. You assume all risk associated with your use of and reliance on AI-Generated Outputs.

Third-party services: The Service integrates with third-party services (e.g., Stripe for payments). We are not responsible for the availability, accuracy, or policies of third-party services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTPOSTIQ, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS (COLLECTIVELY, “THE OUTPOSTIQ PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE OUTPOSTIQ PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (A) YOUR RELIANCE ON ANY FINANCIAL PROJECTION, MODEL, CALCULATION, OR AI-GENERATED OUTPUT PROVIDED BY THE SERVICE; (B) ANY BUSINESS DECISION YOU MAKE BASED ON THE SERVICE'S OUTPUTS; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (D) ANY THIRD-PARTY CONDUCT ON OR RELATED TO THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless the OutpostIQ Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any rights of a third party; or (e) Your Data or any content you submit through the Service.

13. Account Termination

Termination by you: You may close your account at any time by canceling your subscription and contacting support@outpostiq.com.

Termination by us: We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms or if we discontinue the Service. Where practicable, we will provide advance notice of termination.

Effect of termination: Upon termination, your right to use the Service will immediately cease. You may request an export of Your Data within 30 days of account termination by contacting support@outpostiq.com. After 30 days, we may delete Your Data in accordance with our Privacy Policy. Any accrued rights or obligations (including payment obligations for charges incurred before termination) survive termination. Sections 7 through 16 of these Terms survive termination.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Informal resolution: Before filing any formal dispute, you agree to first contact us at support@outpostiq.com and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration:If we cannot resolve a dispute informally, you and OutpostIQ agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall take place in the State of Delaware or, at your election, by video conference. The arbitrator's decision shall be final and binding.

Class action waiver:YOU AND OUTPOSTIQ AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Arbitration opt-out: You may opt out of the arbitration and class action waiver provisions by sending written notice to support@outpostiq.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Delaware.

Exceptions: Nothing in this section prevents either party from seeking injunctive or other equitable relief in court for claims related to intellectual property infringement or unauthorized access to the Service.

15. Communications and Marketing

By creating an account, you consent to receive transactional communications from us related to your account and use of the Service (e.g., account confirmations, billing receipts, security alerts, and service updates). These communications are necessary for the operation of the Service and cannot be opted out of while your account is active.

We may also send you marketing communications about new features, tips, and promotions. You may opt out of marketing communications at any time by clicking the “Unsubscribe” link in any marketing email or by contacting support@outpostiq.com. We will honor opt-out requests within 10 business days.

16. General Provisions

Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and OutpostIQ regarding the Service and supersede all prior agreements.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by us.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

Force majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, Internet or infrastructure failures, or pandemic.

Notices: We may provide notices to you by email to the address associated with your account or by posting on the Service. You may provide notices to us at support@outpostiq.com. Notices are deemed received when sent by email (to the address on file) or when posted on the Service.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@outpostiq.com
Website: www.outpostiq.com