Terms of use

Public Offer for Nimba SaaS Services

1. General Provisions

1.1 This document is a public offer (hereinafter referred to as the "Offer") that governs the relationship between the Service Provider of the Nimba SaaS platform (hereinafter referred to as the "Service Provider") and any individual or legal entity (hereinafter referred to as the "User") who accepts this Offer by using the Nimba services.

1.2 By accessing or using the Nimba platform, including but not limited to the website, mobile apps, QR menu tools, POS system, or other functionalities (collectively referred to as the "Service"), the User fully accepts and agrees to the terms of this Offer.

1.3 The current version of this Offer is always available on the Nimba website. The Service Provider reserves the right to amend the terms of this Offer at any time. Any changes will be effective upon their publication on the Nimba website.

2. Subject of the Offer

2.1 The Service Provider offers Users access to the Nimba platform, which provides a suite of tools and solutions for restaurants and cafes, including but not limited to:

A customizable website for the restaurant/cafe.

QR-based digital menu tools.

Mobile applications for customers, drivers, sellers, and waiters.

POS systems for kitchen and front-office operations.

2.2 Access to the Service may be provided free of charge under certain plans or as a paid subscription depending on the User's chosen plan and selected functionalities.

3. Terms of Use

3.1 The User must register on the Nimba platform and provide accurate and up-to-date information.

3.2 The User agrees to use the Service solely for its intended purpose and in compliance with all applicable laws and regulations.

3.3 The User shall not:

Attempt to reverse engineer, modify, or copy the Service.

Use the Service for unlawful or fraudulent activities.

Share access credentials or use another User's account without authorization.

3.4 The User is responsible for maintaining the confidentiality of their account information and is liable for all activities conducted under their account.

4. Rights and Obligations of the Service Provider

4.1 The Service Provider shall:

Ensure the proper functioning of the Service to the best of its ability.

Provide technical support to Users as specified on the Nimba website.

4.2 The Service Provider reserves the right to:

Suspend or terminate access to the Service for violations of this Offer.

Modify or discontinue any part of the Service with prior notice to Users.

5. Payment Terms

5.1 Users who opt for paid plans must pay subscription fees in accordance with the pricing detailed on the Nimba website.

5.2 Payments are non-refundable unless explicitly stated otherwise in this Offer or required by applicable law.

5.3 Failure to make timely payments may result in suspension or termination of access to the Service.

6. Limitation of Liability

6.1 The Service Provider shall not be held liable for:

Indirect or consequential damages arising from the use or inability to use the Service.

Loss of data or business interruption caused by errors, technical failures, or User actions.

6.2 The Service Provider’s total liability under this Offer is limited to the amount paid by the User for the Service during the three months preceding the claim.

7. Intellectual Property

7.1 All intellectual property rights related to the Nimba platform, including but not limited to software, design, trademarks, and content, belong to the Service Provider or its licensors.

7.2 Users are granted a non-exclusive, non-transferable right to use the Service solely for its intended purposes.

7.3 Unauthorized use, reproduction, or distribution of the Service’s intellectual property is strictly prohibited.

8. Termination

8.1 The User may terminate their use of the Service at any time by notifying the Service Provider or deactivating their account.

8.2 The Service Provider reserves the right to terminate this Offer and suspend or block access to the Service in cases of violation of these terms.

9. Governing Law and Dispute Resolution

9.1 This Offer is governed by the laws of the applicable jurisdiction specified on the Nimba website.

9.2 Any disputes arising from this Offer shall be resolved through negotiation. If an agreement cannot be reached, the dispute shall be submitted to the competent courts of the applicable jurisdiction.

10. Contact Information

For inquiries or support, Users can contact the Service Provider via the contact details provided on the Nimba website.

Acceptance of the Offer

By accessing or using the Nimba platform, the User confirms that they have read, understood, and agreed to this Public Offer.