BnkFood Terms and Conditions

1. Acceptance of Terms

By installing, activating or using BnkFood (Android mobile app and/or desktop hub), the user and the establishment fully accept these Terms and Conditions. If you disagree with any provision, we recommend that you do not use the system.

When the license is activated, express acceptance of these Terms is requested. We draw particular attention to the clauses that limit rights or set specific conditions: the Limitation of Liability (section 8), the Right of Withdrawal (section 10) and the Governing Law and Jurisdiction (section 12).

2. What is BnkFood

BnkFood is an operational tool for order management, kitchen display (KDS), stock control, customer store credit (tab) and end-of-day close. The system works on a local network (LAN), with no internet dependency, through pairing between the Android mobile app and the hub installed on the establishment's computer.

BnkFood does not issue tax or fiscal documents. The order ticket printed by the system is an internal operational document for order identification and verification. It does not replace the tax invoicing required by the law applicable to the establishment's business.

3. License

Use of BnkFood is tied to a valid BNK Tecnologia license for the installation identified by its hub code (`central_id`). The license is personal, non-transferable and grants the licensee no rights over the software source code.

Use beyond the scope of the contracted license, including sublicensing or assignment to third parties, is prohibited and may result in immediate license revocation.

4. Establishment Responsibilities

The establishment operating BnkFood is responsible for:

• Providing truthful data at the time of contracting and keeping it up to date.
• Maintaining the local network infrastructure and devices in adequate condition.
• Managing users, access profiles and content entered in the system (products, orders, customer credit data, etc.).
• Complying with all laws applicable to its business, including tax and labor obligations.
• Creating and maintaining backups of the hub data using the backup mechanism provided by the system.
• As controller of the data it enters, complying with the LGPD regarding customer data, including defining a legal basis and obtaining consent when required, especially when processing data of minors (for example, in school canteens).

5. Acceptable Use

The licensee agrees to:

• Not circumvent, bypass or attempt to disable the system's licensing and verification mechanisms.
• Not reverse-engineer, decompile or modify the software, except in the cases expressly permitted by applicable law, in particular article 6 of Law 9.609/1998.
• Not use BnkFood for unlawful purposes or in breach of Brazilian law.
• Not distribute, resell or transfer the license without prior written authorization from BNK Tecnologia.

6. Intellectual Property

The BnkFood software, brand, logo, materials and all associated documentation are the exclusive property of BNK Tecnologia and are protected by Law 9.609/1998 (Brazilian Software Law) and, on a subsidiary basis, by Law 9.610/1998 (Copyright Law). The license grants the right to use only, with no transfer of ownership.

7. Availability and Local Data

Because it runs on a local network, BnkFood operates independently of the internet. Operational continuity depends on the establishment's local infrastructure (hub computer, Wi-Fi network, Android devices). BNK Tecnologia is not liable for interruptions caused by failures in the establishment's infrastructure.

Operational data (products, orders, customers, events) is stored on the establishment's local hub (SQLite database). The establishment is responsible for the custody, integrity and backup of that data.

8. Limitation of Liability

BnkFood is provided for the purpose described in section 2, with the warranties set out in applicable law. This clause does not exclude the legal warranties or the rights granted to consumers by the Brazilian Consumer Protection Code.

To the maximum extent permitted by law and without prejudice to the legal warranties, BNK Tecnologia's total liability for proven direct losses related to the system is limited to the amount paid for the license in the 12 months before the event. BNK Tecnologia is not liable for:

• Data entered by the establishment or its users.
• Failures in the establishment's local infrastructure (network, devices, power) that affect the operation.
• Business decisions made based on information generated by the system.

This clause does not exclude BNK Tecnologia's liability for defects in the software itself under the law.

9. Cancellation and Termination

The establishment may cease use of BnkFood at any time by uninstalling the app and the hub. Operational data remains on the local hub until the establishment itself deletes it.

BNK Tecnologia may revoke the license in the event of a breach of these Terms, without prejudice to applicable legal remedies. For information on the deletion of licensing data held by BNK, see the Account and Data Deletion page at bnk.tec.br/en/bnkfood/delete-account.

10. Right of Withdrawal

When the license is contracted away from the business premises (for example, via WhatsApp, the website form or another remote channel) and constitutes a consumer relationship, the customer may exercise the right of withdrawal within 7 (seven) days, counted from contracting or from the moment access is made available, whichever is later, under article 49 of the Brazilian Consumer Protection Code.

To exercise withdrawal, simply send the request to contato@bnk.tec.br within that period. Any amounts paid will be refunded as provided by law. The right of withdrawal does not apply to contracts entered into in person at the establishment.

11. Updates to the Terms

These Terms and Conditions may be changed at any time. The updated version, with the date of the last modification, will be published on this page. Continued use of BnkFood after publication of changes constitutes acceptance of the new terms.

12. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Federative Republic of Brazil. The courts of the district where BNK Tecnologia is headquartered are chosen to settle any matters arising from these Terms. Where a consumer relationship exists, the consumer's right to bring an action in the courts of their own domicile is preserved, under article 101, I, of the Brazilian Consumer Protection Code.

13. Contact

For questions about these Terms and Conditions, contact us by email at contato@bnk.tec.br.