SUMMARY OF MATERIAL CHANGES IN CONSOLIDATED TERMS FROM NOVEMBER 2021 TO SEPTEMBER 2022
All Sections – Changed all references from “SICOM” to “Xenial”, “SICOM Systems, Inc.” to “Xenial, Inc.”, and “Hardware” to “Equipment”.
Section 2.4 – Revised the fifth sentence to add the words “that Xenial may make such menu Updates and” to read as follows:
“In addition, your Brand may from time to time request or direct that Xenial install menu Updates at your Authorized Restaurant Locations without prior notice to you, and you agree that Xenial may make such menu Updates and release Xenial from any liability related to such menu Updates.”
Section 5.6 – Added a new Section 5.6 with the following language:
“5.6 New Services. From time to time, your Brand may require that Xenial install certain Software or provide a particular Service for your Authorized Restaurant Locations. Once installed or provided at your Authorized Restaurant Locations, you will be responsible for any fees related to such additional Software or Services. Xenial will provide at least ninety (90) days prior notice (either in accordance with Section 13.9 or via email at the email address on file for your account) that new Software will be installed or other Services will be provided. Your continued use of the System after the expiration of the ninety (90) day notice period will constitute your acceptance of this new Software or other Service, and the associated fees related to such Software or Services. You have the right to decline and not accept the additional Software, Services and related fees by notifying Xenial within the aforementioned ninety (90) day notice period that you are declining such Software, Services and related fees for your Authorized Restaurant locations. Any such notice must be provided in accordance with Section 13.9 or via email to Xenial at email@example.com.”