Effective Date: June 9, 2025
SpotOn Profit Assist Terms and Conditions of Use
These SpotOn Profit Assist Terms and Conditions of Use (“Profit Assist Terms”) govern the use of SpotOn’s Profit Assist tool and are incorporated by reference into and form an integral part of the Contract between SpotOn and the Client using Profit Assist. Any terms used but not defined herein shall have the meaning assigned to them in the Contract.
BY ACCESSING OR USING PROFIT ASSIST CLIENT HEREBY AGREES THAT USE OF THE SAME IS BOUND BY THE TERMS OF THE CONTRACT AND THESE PROFIT ASSIST TERMS. IF CLIENT DOES NOT AGREE TO THESE PROFIT ASSIST TERMS, CLIENT MAY NOT USE PROFIT ASSIST. CLIENT HEREBY AGREES THAT THESE PROFIT ASSIST TERMS ARE ENFORCEABLE TO THE SAME EXTENT AS IF SET FORTH IN A SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES.
Profit Assist.
SpotOn Profit Assist is an AI-powered tool that automates P&L analysis to identify real cost savings opportunities. Profit Assist integrates with a Client’s business software (e.g. Quickbooks, Restaurant 365, and Xero) to proactively send actionable insights to you through monthly reports. Profit Assist benchmarks your costs against group locations and peer data sets and summarizes findings in digestible reports, saving you time and money.
Profit Assist is available to any Client, regardless of whether you have a single location or operate multi-unit restaurants. Profit Assist has no point-of-sale restrictions.
Registration and Access.
In order to use Profit Assist you must have established a SpotOn Merchant account however, you are not required to utilize or subscribe to any other SpotOn features or services. Profit Assist is available as a stand-alone service.
Content.
The reports and other data (“Output”) provided via Profit Assist are based on the Client Data provided by you (“Input”). In accordance with the Contract, Client retains all right, title and interest (including any intellectual property rights) in and to any Input and Output (the Input and Output collectively, the “Content”), provided that Client’s ownership of Output is limited to data elements constituting or derived directly from the Input entered by Client, and any design, layout, content or other features of the Output developed or included by SpotOn are and at all times shall be owned by SpotOn and licensed for use to Client for its own internal business purposes and not for commercial exploitation.
Due to the nature of AI and machine learning, Output may not be unique across Clients in every instance and from time to time Profit Assist may generate the same or similar resultant output for different clients. Given the probabilistic elements of AI services, Profit Assist may in some situations result in incorrect or incomplete Output. You should always evaluate the accuracy of any Output and cannot rely on SpotOn to do so. Client expressly agrees that any Output of Profit Assist is intended as and will be treated by Client at all times as a suggestion or recommendation to be taken under advisement by Client. All Output must be independently reviewed, verified, and actions to be taken based thereupon decided by Client.
Disclaimer of Warranties.
Notwithstanding any other provision of the Contract, Profit Assist is provided “AS IS” and “AS AVAILABLE” with all faults, and SpotOn makes no warranty of any kind with respect to the Output. Client expressly acknowledges and agrees that its use of the Output is at Client’s own risk, and Client accepts this risk and responsibility for use. Client acknowledges and agrees that any Output provided to Client may be similar or identical to the output which is generated by, for, or provided to other clients. Output is generated through machine learning and is not tested, verified, endorsed or guaranteed to be accurate, complete or current by SpotOn.
Restrictions.
In addition and without derogation to any of the restrictions on use of the Services which are otherwise set forth in the Contract, Client will not use Profit Assist or the Output: (i) in whole or in part, for any automated decision-making or analysis that has a material legal effect or impact on any natural person(s), unless it does so with adequate human review and in compliance with any and all applicable laws; (ii) for any purposes or with any effects or impacts that are or may reasonably be deemed to be discriminatory, harmful or otherwise unethical; (iii) to infringe upon or misappropriate any third-party rights; or (iv) to develop, train or improve any other AI or machine-learning solution(s).
Indemnification.
SpotOn. Due to the nature of AI solutions generally and the rapid development thereof, SpotOn does not represent or warrant that: (i) the Output does not incorporate or reflect third-party content or materials; or (ii) the Output will not infringe any third-party intellectual property rights. Notwithstanding any other provision(s) of the Contract, including but not limited to any SpotOn indemnification obligations, SpotOn shall not be under any obligation at any time to indemnify Client for claims of intellectual property infringement or misappropriation by the Output, or otherwise in connection with Client’s access to or use of Profit Assist or the Output.
Client. In addition to its obligations set forth in the Contract, Client will indemnify, defend, and hold harmless SpotOn and its Affiliates, along with their officers, directors and employees from and against any and all losses, liabilities, damages, costs, fines and expenses (including reasonable attorneys’ fees) to the extent arising from or related to any claim or action pertaining to Client’s use of Profit Assist.
Order of Precedence.
In the event of any inconsistency or conflict between the terms and conditions of these Profit Assist Terms and any other part of the Contract, the order of precedence shall be as follows: these Profit Assist Terms, and then the order of precedence stipulated and set forth in the Contract.
HOW TO CONTACT US
If you have any questions about this Policy or the way in which your personal information has been used, please contact us by email at support@spoton.com or by postal mail at:
© SpotOn Transact, LLC. 2025. All Rights Reserved. SpotOn Transact, LLC. is a Registered Partner/ISO ofMerrick Bank, South Jordan, UT & Wells Fargo Bank,N.A., Concord, CA & Elavon Inc., Georgia [a wholly owned subsidiary of U.S. Bancorp, Minneapolis, MN].
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