Terms of Service

1. Acceptance of Terms

By accessing or using PREEA ("the Service"), including our website at preea.com, the PREEA Manager mobile application, and all related services, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms applicable to specific features. These Terms constitute a legally binding agreement between you and PREEA.

If you are accepting these Terms 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, and references to "you" shall refer to that entity.

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

• You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an account and use the Service as a Business User.
• End Users (customers viewing menus via QR codes) may use the Service without an account, subject to the minimum age requirements described in our Privacy Policy.
• You must have the legal capacity and authority to enter into these Terms.
• Your use of the Service must comply with all applicable local, national, and international laws and regulations.

3. Description of Service

PREEA provides a QR menu platform that enables business owners and managers to:

• Create and manage digital menus accessible via QR codes
• Customize menu items, categories, pricing, and descriptions in multiple languages (40+ languages supported)
• Manage business profiles, operating hours, and contact information
• Access analytics and insights about menu performance
• Provide customers with a seamless digital menu browsing experience

The Service is designed for businesses in the tourism and hospitality industry, including but not limited to restaurants, spas, salons, bars, and similar establishments worldwide.

4. Account Registration and Security

• You must provide accurate, current, and complete information during registration and keep your account information updated.
• Account creation is available through Google Sign-In or Apple Sign-In. You are responsible for the security of your third-party authentication credentials.
• You are responsible for all activities that occur under your account, whether authorized by you or not.
• You must notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.
• We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe are being used in violation of these Terms.
• One business entity may create multiple business profiles under a single account, subject to our fair use guidelines.

5. Subscription Plans and Payment

5.1 Plans and Pricing

• The Service offers free and paid subscription plans. Features and limitations for each plan are described on our pricing page.
• All prices are displayed in the applicable currency and are exclusive of applicable taxes unless stated otherwise.
• We reserve the right to modify pricing with at least 30 days written notice. Price changes will not affect your current billing cycle.

5.2 Billing and Payment

• Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected).
• Payment is processed through secure third-party payment providers. We do not store your full payment card information.
• You authorize us to charge your selected payment method for all applicable fees.
• Failed payments may result in temporary suspension of paid features until payment is resolved.

5.3 Refunds and Cancellations

• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
• Fees are generally non-refundable, except where required by applicable consumer protection laws (e.g., EU Consumer Rights Directive 14-day cooling-off period for online purchases).
• If you are in the EU/EEA and purchased a subscription online, you may have the right to cancel within 14 days for a full refund, provided you have not fully used the Service during that period.
• Refund requests outside of statutory rights will be reviewed on a case-by-case basis.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service for any unlawful purpose or in violation of any applicable local, national, or international law or regulation
• Upload, post, or transmit content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
• Upload content that infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights
• Attempt to gain unauthorized access to our systems, other users' accounts, or connected networks
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Use automated tools, bots, scrapers, or crawlers to access, extract, or interact with the Service without our prior written consent
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Use the Service to send unsolicited communications (spam) or collect personal information of other users
• Introduce viruses, malware, or other harmful code to the Service

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without prior notice.

7. User Content

7.1 Ownership

You retain all ownership rights to content you upload to the Service, including menu items, images, descriptions, business information, and other materials ("User Content").

7.2 License Grant

By uploading User Content, you grant PREEA a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, distribute, and make available your User Content solely for the purpose of providing, maintaining, and improving the Service. This license terminates when you delete your User Content or your account, except for copies that may exist in our backups (which will be deleted in accordance with our data retention policy).

7.3 Your Responsibilities

• You are solely responsible for your User Content and the consequences of uploading or publishing it.
• You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate any third-party rights.
• Menu information (items, prices, descriptions) must be accurate and not misleading to end consumers.

7.4 Content Moderation

We reserve the right to review, moderate, and remove User Content that violates these Terms or applicable law, without prior notice. We are not obligated to monitor all User Content but may do so at our discretion.

8. Intellectual Property

The Service, including its design, code, functionality, logos, trademarks, and all related intellectual property, is owned by PREEA and protected by copyright, trademark, patent, and other intellectual property laws worldwide.

• We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.
• You may not copy, modify, distribute, sell, or lease any part of the Service or its content without our prior written consent.
• The PREEA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PREEA. You must not use them without our prior written permission.

9. Data Processing for Business Users

When you use the Service to manage your business and interact with your customers:

• You act as the Data Controller for any customer data you collect through the platform (e.g., analytics about menu views). PREEA acts as the Data Processor on your behalf.
• You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including obtaining any necessary consents from your customers.
• You must maintain your own privacy policy that accurately describes your data practices and makes it available to your customers.
• We will process customer data only in accordance with your instructions and applicable law, as described in our Privacy Policy.
• Upon request, we will enter into a Data Processing Agreement (DPA) that complies with GDPR Article 28, PDPA, or other applicable data protection legislation.

10. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party ("Confidential Information"), including business data, technical information, customer lists, and pricing information. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

The receiving party will use the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care.

11. Service Availability

• We strive to maintain high availability of the Service but do not guarantee uninterrupted, error-free, or secure access.
• We may temporarily suspend the Service for scheduled maintenance, urgent security patches, infrastructure upgrades, or circumstances beyond our reasonable control.
• We will make reasonable efforts to provide advance notice of planned maintenance through the Service or via email.
• We are not liable for any loss or damage resulting from Service interruptions, including loss of revenue from QR menu downtime.

12. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, PREEA does not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will be available at all times or operate without errors or interruptions
• Any errors or defects in the Service will be corrected
• The Service is free of viruses or other harmful components
• The results obtained from using the Service will be accurate or reliable

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, the exclusions will apply to the maximum extent permitted by applicable law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PREEA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES 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 IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability for all claims arising from or related to the Service shall not exceed the greater of: (a) the total amount you paid to PREEA in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars (USD $100).

These limitations apply to the fullest extent permitted by law and shall survive the termination of these Terms. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless PREEA and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Your User Content, including any claim that it infringes third-party intellectual property rights
• Your negligence or willful misconduct

This indemnification obligation shall survive the termination of these Terms and your use of the Service. Where required by applicable consumer protection law, this clause shall apply only to the extent permitted by law.

15. Termination

15.1 Termination by You

You may terminate your account at any time through the application settings or by contacting us at [email protected]. Upon termination:

• Your access to paid features ends at the end of the current billing period (no pro-rata refund, unless required by law)
• You may export your data before termination (see Section 16)
• Your User Content will be deleted in accordance with our data retention policy

15.2 Termination by PREEA

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if:

• You breach any provision of these Terms or our Acceptable Use Policy
• Your account has been inactive for an extended period
• We are required to do so by law or regulatory authority
• We reasonably believe your account is being used for fraudulent or illegal activity

15.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution.

16. Data Export and Portability

We support your right to data portability:

• You may request an export of your data at any time by contacting us at [email protected].
• Exported data will be provided in a commonly used, machine-readable format (e.g., JSON or CSV).
• We will process export requests within 30 days.
• After account termination, you have a 30-day grace period to request data export before your data is permanently deleted.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute within 30 days.

17.2 Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by binding arbitration administered under the rules of the Thailand Arbitration Institute (TAI) or, for international disputes, the International Chamber of Commerce (ICC), at the election of the initiating party. The arbitration shall be conducted in English. The seat of arbitration shall be Bangkok, Thailand.

17.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable in your jurisdiction, it shall not apply to you.

17.4 Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction for the protection of intellectual property rights. EU/EEA consumers may also use the European Commission's Online Dispute Resolution platform.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law provisions.

Notwithstanding the foregoing, if you are a consumer resident of the EU/EEA, United Kingdom, or any other jurisdiction with mandatory consumer protection laws, those mandatory provisions shall apply to the extent they provide you with greater protection. Nothing in these Terms affects your statutory rights as a consumer under applicable law.

19. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: acts of God, natural disasters, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, pandemics, or other force majeure events.

The affected party shall promptly notify the other party of the force majeure event and make reasonable efforts to mitigate its effects.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and PREEA regarding the Service and supersede all prior agreements, understandings, and communications.

20.2 Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of PREEA.

20.4 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 under these Terms in connection with a merger, acquisition, reorganization, or sale of assets, provided that the assignee agrees to be bound by these Terms.

20.5 Notices

Notices to you may be made via email to the address associated with your account, or by posting within the Service. Notices to PREEA must be sent to [email protected].

20.6 Language

These Terms are written in English. If there is any conflict between the English version and a translated version, the English version shall prevail.

21. Changes to Terms

We may modify these Terms at any time. When we make material changes:

• We will provide at least 30 days advance notice via email or in-app notification before changes take effect
• The updated Terms will be posted on this page with a new "Last updated" date
• Where required by applicable law (e.g., for EU consumers), we will seek your explicit consent to material changes

Your continued use of the Service after the effective date of changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and may terminate your account.

22. Contact Us

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

• General inquiries: [email protected]
• Legal inquiries: [email protected]
• Website: preea.com