MiMap Service Agreement
This agreement is made between the subscribing merchant (hereinafter referred to as "the Client") and mimap inc. (hereinafter referred to as "mimap"). It is effective from the date the equipment arrives at the Client's site and shall remain in force for one year. Both parties agree to the following terms:
1. Equipment and Services Provided by mimap
1.1 Ownership of Equipment
mimap shall provide the Client with a beverage machine. The ownership of the equipment remains with mimap, and the Client is granted a non-transferable, non-exclusive right to use the equipment.
1.2 Warranty
During the contract period, mimap will provide warranty services covering the equipment’s hardware and internal components. Damages caused by misuse, negligence, or unauthorized modifications by the Client or third parties are not covered under this warranty.
1.3 Product Training
mimap will provide comprehensive training to the Client's personnel, including an operations manual and instructions for using the equipment.
1.4 Supply of Ingredients
During the contract period, the Client agrees to purchase the required ingredients and packaging exclusively from mimap. mimap will ensure a continuous supply of these ingredients. If the Client fails to purchase ingredients or packaging from mimap (unless mimap specifically allows third-party sourcing), mimap reserves the right to terminate services without refunding any fees paid.
1.5 Support and After-Sales Services
mimap will provide continuous technical support, product-related services, and maintenance as part of its after-sales obligations.
1.6 Product and Recipe Management
The Client agrees that all product recipes and equipment backend management will be fully managed by mimap. mimap reserves the right to update or modify products and recipes as needed.
1.7 Logistics and Transportation
After signing the contract and completing payment setup, mimap will arrange for the delivery of equipment and ingredients based on the Client’s order. The Client shall bear any long-distance transportation costs incurred.
1.8 Marketing and Promotion
mimap may provide promotional and marketing strategy suggestions for the Client.
2. Obligations and Responsibilities of the Client
2.1 Proper Use and Maintenance of Equipment
The Client shall strictly follow the operation, cleaning, and maintenance guidelines provided by mimap. Any damages caused by improper operation will be assessed by mimap, and repair costs will be charged separately.
2.2 Equipment Repairs
If the equipment malfunctions or fails to operate properly, the Client must immediately contact mimap’s service department to determine the appropriate repair solution. The Client is prohibited from disassembling the equipment. mimap is not responsible for injuries or further damage caused by unauthorized tampering, and any repair costs will be borne by the Client.
2.3 Product Preparation and Quality Control
The Client must follow mimap’s guidelines for product preparation and ingredient storage to ensure product quality. Failure to comply may result in contract termination.
2.4 Product Pricing
mimap may provide suggested retail prices, but the Client may adjust the actual prices based on local market conditions.
2.5 Sanitation and Equipment Cleaning
The Client must clean the equipment regularly according to mimap’s cleaning manual to ensure food safety. If improper cleaning leads to food safety issues, mimap reserves the right to terminate the contract and pursue claims for any resulting damages.
3. Disclaimer
mimap shall not be liable for any compensation, penalties, disputes, or lawsuits arising from food safety issues not caused by ingredients. mimap is also not responsible for any personnel or property damage resulting from the Client's failure to follow operational guidelines. Any losses or liabilities arising from such issues shall be solely borne by the Client.
4. Contract Term and Termination
4.1 Contract Renewal The initial term of this contract is one year. If the Client does not notify mimap in writing of the intent to terminate the contract at least 90 days before the expiration date, the contract will automatically renew for one additional year unless otherwise agreed in writing.
4.2 Termination for Breach Either party may terminate this contract in the event of a material breach. The breaching party will receive written notice and must rectify the breach within 30 days. If the Client wishes to terminate the contract, they must provide 90 days' written notice to mimap.
4.3 Governing Law This contract is governed by the laws of the United States, and any disputes shall be resolved in the courts of New York.
5. Other Provisions
5.1 Entire Agreement This contract constitutes the entire agreement between the parties and supersedes any prior written or oral agreements, understandings, or discussions.
5.2 Modifications and Amendments Any modifications or amendments to this contract, unless significant, may be announced by mimap via written notice, email, or online updates, and shall take effect immediately.
5.3 Online Subscription Terms By subscribing to mimap’s services online, the Client agrees to the terms of this contract, and the agreement becomes effective.
6. Force Majeure
If a force majeure event (including but not limited to natural disasters, wars, government actions, pandemics, etc.) prevents either party from fulfilling its contractual obligations, the affected party must notify the other party promptly. The affected party shall be exempt from liability for non-performance within the scope and duration of the force majeure. Once the force majeure event has ended, both parties shall resume contract performance as soon as possible.