Terms of Service | Direct Dine

These Terms of Service ("Terms") govern your access to and use of the Direct Dine platform, website, and related services (collectively, the "Service") provided by Direct Dine ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

"Account" means the account you create to access the Service.
"Business" means the restaurant, food service, or hospitality business that subscribes to the Service.
"Customer" means an end-user who places orders through a Business's Direct Dine-powered storefront.
"Content" means any data, text, images, menus, or other material uploaded to or generated through the Service.
"Subscription" means the paid plan you select to access Service features.

2. Account Registration

You must be at least 18 years old and have the legal authority to bind the Business to these Terms.
You must provide accurate, current, and complete registration information.
You are responsible for maintaining the confidentiality of your account credentials.
You are responsible for all activities that occur under your account.
You must notify us immediately of any unauthorised use of your account.

3. Subscription and Billing

3.1 No Long-Term Contracts

Our Service is provided on a month-to-month subscription basis. There are no long-term contracts, setup fees, or cancellation penalties. You may cancel your subscription at any time.

3.2 Fees

Subscription fees are as listed on our pricing page at the time of purchase.
We charge 0% commission on orders processed through the platform.
Fees are billed monthly in advance on the anniversary of your subscription start date.
All fees are in USD unless otherwise specified.

3.3 Payment

Payments are processed through Stripe. By subscribing, you agree to Stripe's Terms of Service.
You authorise us to charge your payment method for recurring subscription fees.
If payment fails, we will attempt to collect for up to 14 days before suspending your account.

3.4 Refunds

Subscription fees are non-refundable once the billing period has begun. If you cancel mid-month, you retain access until the end of the current billing period.

3.5 Price Changes

We may change subscription fees with at least 30 days' prior written notice. Continued use after the effective date constitutes acceptance. If you do not agree, you may cancel before the new pricing takes effect.

4. Use of the Service

4.1 Permitted Use

You may use the Service solely for lawful business purposes related to operating your food service or hospitality business.

4.2 Prohibited Conduct

You agree not to:

Use the Service for any illegal or unauthorised purpose.
Attempt to gain unauthorised access to the Service, other accounts, or our systems.
Interfere with, disrupt, or place an undue burden on the Service or its infrastructure.
Reverse engineer, decompile, or disassemble any part of the Service.
Resell, sublicense, or redistribute access to the Service without our written consent.
Upload malicious code, viruses, or harmful content.
Use the AI features to generate content that is illegal, harmful, or violates third-party rights.
Scrape, crawl, or use automated means to extract data from the Service.

5. Your Content and Data

5.1 Ownership

You retain full ownership of all Content you upload to the Service, including menus, images, customer data, and order history. We do not claim any ownership over your Content.

5.2 License to Us

You grant us a limited, non-exclusive license to use, store, and process your Content solely to provide and improve the Service.

5.3 Data Portability

Upon request, we will provide an export of your data in a standard, machine-readable format within 30 days. Upon account termination, we will retain your data for 90 days to allow retrieval, after which it will be permanently deleted.

5.4 Customer Data

For any personal data of your Customers processed through the Service, you are the data controller and we are the data processor. You are responsible for ensuring you have appropriate legal basis (consent, legitimate interest, etc.) to collect and process Customer data through the Service.

6. AI Features

AI-generated recommendations, insights, and content are provided "as-is" and should be reviewed before use.
We do not guarantee the accuracy of AI outputs.
AI features are subject to usage limits as specified in your plan.
We may use anonymised, aggregated data to improve AI models, but we will never use your identifiable business data to train models for other customers.

7. Intellectual Property

The Service, including its design, code, features, documentation, and branding, is owned by Direct Dine and protected by intellectual property laws.
You may not copy, modify, or create derivative works of the Service.
"Direct Dine" and our logo are trademarks of Direct Dine. You may not use them without written permission.

8. Service Availability and SLA

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service.
We may perform scheduled maintenance with reasonable advance notice.
We are not liable for interruptions caused by circumstances beyond our reasonable control (force majeure), including natural disasters, internet outages, or third-party service failures.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied.
We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
In no event shall our total liability exceed the amount you paid us in the 12 months preceding the claim.
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data.
We are not liable for any losses resulting from your reliance on AI-generated content.

10. Indemnification

You agree to indemnify and hold harmless Direct Dine, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your Content, your violation of these Terms, or your violation of any third-party rights.

11. Termination

By you: you may cancel your subscription at any time. Access continues until the end of the current billing period.
By us: we may suspend or terminate your access immediately if you breach these Terms, engage in fraudulent activity, or fail to pay subscription fees after the grace period.
Effect of termination: upon termination, your right to use the Service ceases. We will retain your data for 90 days. Sections 5.1, 7, 9, 10, 12, and 13 survive termination.

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal proceeding, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within 30 days.

12.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.3 Jurisdiction

Any disputes not resolved informally shall be subject to the exclusive jurisdiction of the courts located in Wilmington, Delaware, unless prohibited by local law in your jurisdiction.

13. General Provisions

Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and Direct Dine.
Severability: if any provision is found unenforceable, the remaining provisions remain in full effect.
Waiver: failure to enforce any right does not constitute a waiver of that right.
Assignment: you may not assign these Terms without our written consent. We may assign our rights and obligations freely.
Notices: we may send notices via email to the address associated with your account. You may send notices to [email protected].

14. Changes to These Terms

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or through the Service. Your continued use after the effective date constitutes acceptance. If you disagree with changes, you may cancel your subscription before the effective date.

15. Contact Us

If you have any questions about these Terms, please contact us:

Email: [email protected]
General: [email protected]