Terms of Service
Last updated: December 20, 2024
1. Acceptance of Terms
By accessing and using Dineotech's restaurant management platform ("Service"), you ("Restaurant", "Customer", "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.
These Terms constitute a legally binding agreement between you and Dineotech ("Company", "we", "us", "our"). We reserve the right to modify these Terms at any time without prior notice.
2. Service Description
Dineotech provides a software platform for restaurant management including but not limited to:
- QR code digital menu systems
- Kitchen ticket management
- Waiter dashboards and order tracking
- Administrative analytics and reporting
- Inventory management tools
- Table booking systems
- Customer management features
IMPORTANT: Dineotech is solely a technology platform provider. We do not handle, process, or take responsibility for any restaurant operations, customer transactions, food safety, payment processing, or any other business operations.
3. Restaurant Responsibilities and Liability
3.1 Complete Operational Responsibility
The Restaurant is ENTIRELY and EXCLUSIVELY responsible for all aspects of their business operations, including but not limited to:
- All customer interactions and disputes
- Order accuracy and fulfillment
- Food quality, safety, and preparation
- Pricing accuracy and billing
- Payment processing and financial transactions
- Regulatory compliance (health, safety, licensing)
- Staff training and management
- Customer service and complaint resolution
- Data accuracy and menu information
3.2 Financial and Billing Responsibility
CRITICAL: The Restaurant bears FULL responsibility for all billing, payment, and financial matters:
- All customer payment disputes and chargebacks
- Billing errors, overcharges, or undercharges
- Payment processor issues and fees
- Refunds and credit disputes
- Tax calculations and compliance
- Currency conversion issues
- Failed or fraudulent transactions
3.3 Legal and Regulatory Compliance
Restaurant must comply with all applicable laws, regulations, and industry standards including:
- Food safety and health regulations
- Business licensing requirements
- Labor and employment laws
- Consumer protection laws
- Data protection and privacy regulations
- Accessibility requirements
- Local, state, and federal tax obligations
4. Limitation of Liability
MAXIMUM LIABILITY LIMITATION
UNDER NO CIRCUMSTANCES SHALL DINEOTECH'S TOTAL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT ACTUALLY PAID BY RESTAURANT TO DINEOTECH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
4.1 Excluded Damages
Dineotech shall NOT be liable for any:
- Customer disputes or complaints
- Lost revenue or business opportunities
- Payment processing failures or errors
- Order inaccuracies or fulfillment issues
- Food safety incidents or health violations
- Data loss (beyond reasonable backup efforts)
- System downtime or service interruptions
- Third-party integrations or payment processors
- Regulatory fines or penalties
- Legal fees or litigation costs
5. Indemnification
Restaurant agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS Dineotech from any and all claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:
- Restaurant's use of the Service
- Restaurant's business operations
- Customer complaints or disputes
- Payment or billing issues
- Food safety or health violations
- Regulatory non-compliance
- Staff actions or negligence
- Data breaches originating from Restaurant's systems
- Any violation of these Terms
6. Service Availability and Support
While we strive for 99.9% uptime, Dineotech makes no guarantees regarding service availability. We provide the Service "AS IS" without warranties of any kind. Scheduled maintenance, updates, or unforeseen technical issues may temporarily affect service availability.
Technical support is provided on a best-effort basis. Response times may vary based on issue complexity and support volume.
7. Data and Privacy
Restaurant is responsible for ensuring customer data is collected, stored, and processed in compliance with applicable privacy laws. While we implement security measures, Restaurant must:
- Obtain proper customer consent for data collection
- Maintain their own data backup and recovery procedures
- Notify customers of data sharing with Dineotech
- Comply with GDPR, CCPA, and other privacy regulations
- Implement proper staff access controls
8. Payment and Billing Terms
Important: Dineotech is currently offering free access to our platform. However, all customer payment processing, billing disputes, and financial transactions remain entirely the Restaurant's responsibility.
Restaurant must set up their own payment processing through approved third-party providers. Dineotech is not a payment processor and does not handle customer payments directly.
9. Termination
Either party may terminate this agreement at any time with or without cause. Upon termination:
- Restaurant's access to the Service will be suspended
- Restaurant may export their data within 30 days
- Outstanding obligations and liabilities remain in effect
- Indemnification obligations survive termination
10. Dispute Resolution
Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney fees and costs.
These Terms are governed by the laws of [State/Province], without regard to conflict of law principles.
11. Modifications
We reserve the right to modify these Terms at any time. Continued use of the Service after modifications constitutes acceptance of the new Terms. We will make reasonable efforts to notify users of material changes.
12. Contact Information
For questions regarding these Terms, please contact us:
Email: legal@dineotech.com
Phone: +1 (249) 876-6451
Address: Dineotech Legal Department, Suite 1500, 1055 West Hastings Street, Vancouver, BC V6E 2E9, Canada