Terms of Use

The Carbonara, Inc. (hereafter “Carbonara”) Terms of Use (these “Terms”) govern your access to the Carbonara websites, mobile sites, software applications, content, features, and services (collectively, the “Service”) and apply to restaurant operators and their employees, restaurant guests that use the Service to dine out, and general visitors to, and users of, the Service.

If you do not agree with some or all of these Terms, you should not use the Service.

1. Restaurant Waiting List

Carbonara provides software services to both Restaurant Operators (“Restaurants”) and people dining out at restaurants (“Guests”), (collectively the “Users”) and serves to facilitate Restaurants’ seating of Guests during busy restaurant periods. Guests may agree to join the Restaurant waiting list and must give certain information, such as the Guests’ name, to the Restaurants in order to make use of the Service. Restaurant operators input this information into the Service. Such information that we collect via the Restaurants and how we use it is described in our Privacy Policy.

In joining a waiting list, Guests may also disclose their mobile phone numbers to Restaurants in order to receive mobile notifications, including text message (SMS), mobile app messaging, phone call, or other method of mobile telephony. By supplying their phone number, Guests agree to receive waiting list confirmations, updates, modifications, cancellations, and notifications over such methods aforementioned.
When a Guest joins a waiting list, it is the sole discretion of the individual Restaurant how to manage such a list, and the specific time of day or place within the list does not guarantee the Guest an exact seating time or sequence amongst other waiting Guests. The Restaurant may at any time remove the Guest from the waiting list at its discretion, including but not limited to:

  • Should the Guest fail to appear at the Restaurant in a timely manner once notified by the Restaurant
  • Should the Guest fail to notify the restaurant that the Guest is unable to return to the restaurant
  • For providing false information to the Restaurant at the time of joining the waiting list
  • For attempting to change, exchange, or sell the place in line to another waiting guest or otherwise manipulate the places in line of other guests.

2. Usage Guidelines

Restaurant

Restaurants agree to use the Service for the purpose of managing waiting lists and seating Guests as set out in sales agreements with Restaurants.

Guest

Guests agree to use the Service for the purpose of joining a waiting list, then honoring the waitlist request by returning to the Restaurant to be seated on time. Failure to return in a timely manner may result in the Guest being bypassed on the waiting list, as described above.

Guests agree to use the waiting list as intended and not to join more than 1 restaurant waiting list at any given time, not to sell or attempt to sell the guest’s place in line to another guest, and to allow the restaurant discretion on the seating order of guests.

Communication with the Restaurant

During normal use of the Service, Restaurants and Guests may have the ability to communicate with the Restaurant over text message (SMS), mobile app messaging, phone, or another means of telephony. Carbonara has a zero-tolerance policy on the use of certain negative and derogatory language within the Service. Without limitation, Users may not transmit any content that:

  • is illegal or encourages conduct that would constitute a criminal offense;
  • threatens, harasses, or defames;
  • invokes unwanted sexual advances;
  • is vulgar, obscene, or sexually explicit;
  • is profane or contains “masked” profanity (i.e. F#%k);
  • is hateful, discriminatory or promotes racism, bigotry, or physical harm of any kind against any group or individual;
  • is invasive of privacy;
  • infringes intellectual property rights or promotes illegal or unauthorized copying of another person’s copyrighted work;
  • is fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind.

3. Access and Use

Access to the Service

Carbonara reserves the right to suspend, modify, or terminate all or part of the Service without prior notice. Carbonara also reserves the right to suspend access to the Service for all or any users due to maintenance, emergency (e.g. cyberattack) or for any other reason and at any time.

Conditions for opening account

By opening an account, the user expressly and unreservedly accepts these Terms. User agrees to provide accurate, up-to-date, and truthful information such as their first name, last name, email address, telephone number, and business title (e.g. restaurant manager).

Confidentiality of account credentials

Users are solely and entirely responsible for the use of their accounts and for maintaining the secrecy of their account credentials. Users agree to do everything possible to keep their account credentials confidential and agree to notify Carbonara immediately should they suspect or otherwise know of any breach in the confidentiality of their credentials. Users agree to indemnify and hold harmless Carbonara for any event of loss or theft of one’s user credentials and any damages incurred from such loss or theft.

Closing of account

Users may close their account at any time. To do so, they must send an email requesting account closure to contact@carbonaraapp.com.

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Third party sites

The Carbonara Service and sites may contain links to sites managed by third parties. These links allow you to leave the Service, and we encourage you to read the Terms and Privacy Policies of any third party site you may visit. The linked third party sites are not under the control of Carbonara and Carbonara is not responsible for content, practices, or policies on these sites.

Privacy Policy

The privacy of your personal information is important to us. In addition to these Terms, the use of the Carbonara Service is governed by our Privacy Policy and we encourage you to review it.

4. Additional Legal Disclosures

Severability

If any of part of these Terms is found to be invalid, void or for any reason unenforceable under any applicable statute or rule of law, then such part shall be deemed severable and the remainder of these Terms shall remain in full force and effect.

Limitation of liability

Except as expressly contained herein, in no way shall Carbonara be liable for any damages, injuries, losses, or claims relating to or arising out of the Service and use thereof. Carbonara is not liable for any use of the Service including the sites, any services, Carbonara content, or user content. The Service is provided “As Is” and you agree that your use of the service is at your own risk.

Intellectual Property

The information, features, and content provided by Carbonara are a part of the Service and are protected by copyright, trademark, patent, and intellectual property laws.

Content includes all text, images, graphical representations, videos, data and other content made available through the Service and featured on the sites. Any reproduction of such content without the express written consent of Carbonara is an infringement of Carbonara’s intellectual property rights and is in breach of these Terms. Carbonara reserves the right to modify the content at its sole discretion.

Termination

Carbonara may, at its sole discretion, limit or suspend your use of the Service at any time and may terminate these Terms without notice effective immediately. Carbonara reserves the right to refuse service, terminate accounts, and remove or edit content (including 3 rd party content) available on the Service. You agree that Carbonara shall not be liable to you for any termination of these Terms.

Representations and Indemnity

You represent and warrant that you own and control all rights to any user content submitted by you; that all user content submitted by you is accurate and honest; and that any usage of such user content by Carbonara and its other users, such as its restaurant partners or other third-parties, will not violate these Terms, cause injury to any person or entity, or infringe any third-party rights including but not limited to intellectual property and privacy rights. You agree to indemnify, defend, and hold harmless Carbonara, its officers and directors, employees and agents, its affiliates, subsidiaries, business partners, and shareholders from and against any and all claims arising from any violation of these Terms, any user content submitted by you, or any usage of the Service by you.

Disclaimer of Warranties

You understand that the use of the Service is “As is” and that Carbonara makes no representations or warranties of its Service, 3 rd -party hardware, telecommunications networks, or other features of the Service. Carbonara does not warrant and cannot guarantee that the Service will be uninterrupted or error-free, that content and user information made available through the Service is without error, and your continued use of the Service is at your own risk. Carbonara shall not be liable for delays, interruptions, service failures, outages, or other problems inherent in the use of the internet, telecommunications, and electronic communications or other systems outside of the reasonable control of Carbonara.

Release

Restaurants and guests are solely responsible for their interactions amongst and between one another and any and all claims, injuries, damages, liabilities, or losses suffered by you resulting from your interaction at a restaurant or with a guest. Users of the Service must resolve all disputes directly with one another, for example should a restaurant guest have a dispute with a restaurant, such guests must resolve that dispute with the restaurant. To the maximum extent permitted by law, you hereby release Carbonara, its officers and directors, employees and agents, its affiliates, subsidiaries, business partners, and shareholders from any and all claims.

Assignment

These Terms and the rights granted herein may not be transferred, assigned, or delegated in any manner by the user, but may be freely transferred, assigned, or delegated by Carbonara.

Jurisdiction for disputes / Choice of Law

These Terms are made under and shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A. To the extent permitted by law, any claim, dispute, or other matter arising under or in connection with the Service and these Terms shall be adjudicated in state or federal courts located in Allegheny County, Pennsylvania.

How to Contact Us

We can be reached at contact@carbonaraapp.com for all email inquiries, or by mail at:

Carbonara, Inc 456 S Atlantic Ave Pittsburgh, PA 15224

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