Terms of Use

From everyone at BahaBar, thank you for using our services. We build them to help you focus on what matters, your customers and your product. There are hundreds of hospitality professionals using BahaBar products every day. Because we don’t know each of you personally, we have put in place some Terms of Service to help keep everyone on the same page.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to BahaBar LLC.

When we say “Services”, we mean our websites, including bahabar.com, MOCTI, BarIntel, and any product created and maintained by BahaBar LLC. That includes MOCTI Basic, MOCTI Pro, BarIntel, and Hospitality Consulting whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service (“Terms”) in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are and being receptive to your feedback.

Account Terms

  1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 
  2. You may not use the Services for any purpose other than growing your team, or showing the product off to your friends.
  3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

  1. If you are using a basic version of one of our Services, it is really basic: we do not have the ability to refund at this time.
  2. For Pro Services, we explain the terms when we sign you up. We will offer refunds or discounts in extreme cases of dysfunction, but we ask that you contact us first so we can fix any errors and make it right.
  3. If you are upgrading from Basic to Pro, we will invoice you immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

Cancellation and Termination

  1. You are solely responsible for canceling your account. An email or phone call to cancel your account is sufficient. But we would prefer if you reach out and tell us why you are canceling, so we can use your feedback to improve the product.
  2. All of your content will be inaccessible from the Services immediately upon account cancellation. We will delete your data to free up on server space after 60 days. This gives you time to reconsider. After 60 days it may still be possible to recover your data, but we make no promises.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the millions of bars and restaurants in the world, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. We will detail out this position in our Use Restrictions Policy.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. We make a promise to our customers to support our Services as long as we have 100 customers. This is basically what it costs to keep the lights on. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. The only reason we would discontinue a product/service, is if it is objectively obvious that the new one is better. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. You believed in us at the beginning - it's the least we can do. However, we may choose to change the prices for existing customers in extreme cases of product development. If we do so, we will give you a phone call and ask you if it is ok. We see our customers as partners, and success as shared.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services. We will get better at keeping them running, but right now it is three guys in a room and we are doing our best.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption - but keeping your passwords safe is ultimately your responsibility. If the server room catches fire, or in the event of cyber attack, we may be unable to recover your data. In this case we will help you rebuild it from paper records, at no cost to you.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that BahaBar may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
    • To help you with support requests you make. We’ll ask for express consent before accessing your account.
    • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
    • To safeguard BahaBar. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
    • To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-US authority approaches BahaBar for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If BahaBar is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
  6. Under the California Consumer Privacy Act (“CCPA”), BahaBar is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms and the Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use BahaBar's Services in a way that violates the regulations.
  1. All content posted on the Services must comply with U.S. copyright law.
  2. You give us license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
  3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please This email address is being protected from spambots. You need JavaScript enabled to view it. requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We try our best to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and our team. If you choose to use our Services, thank you for betting on us. We appreciate you and want to keep you happy.

If you have a question about any of these Terms, please This email address is being protected from spambots. You need JavaScript enabled to view it..