§ 01
Introduction
These Terms of Service (the "Terms") govern your access to and use of DineStack, a restaurant-management and point-of-sale (POS) software platform, together with our website, desktop and web applications, QR ordering pages, kitchen display, dashboards and related services (together, the "Service"). The Service is provided by DineStack ("we", "us" or "our").
By creating an account, activating a DineStack licence, or using any part of the Service, you agree to these Terms. If you are accepting these Terms on behalf of a restaurant, café, cloud kitchen or other business, you confirm that you are authorised to bind that business, and "you" refers to that business.
In plain words
§ 02
Eligibility
To use the Service you must be at least 18 years old and able to enter into a legally binding contract under applicable law. The Service is intended for businesses and their authorised staff. It is not intended for personal, household or consumer use, except where guests use QR ordering pages made available by a restaurant.
You may not use the Service if we have previously suspended or terminated your account for a breach of these Terms, unless we agree otherwise in writing.
§ 03
DineStack Account
To use most of the Service you need a DineStack account. When you register, you agree to:
- provide accurate, current and complete information, and keep it up to date;
- keep your password, PINs and licence or activation keys confidential;
- make sure each staff member uses their own login where the Service supports individual users;
- tell us promptly at official.dinestack@gmail.com if you suspect unauthorised access to your account.
You are responsible for all activity that happens under your account, including activity by staff and anyone else you give access to, unless the activity results from our own failure to take reasonable security measures.
§ 04
Restaurant Account & Responsibilities
DineStack gives you the tools; you decide how they are used in your restaurant. In particular, you are solely responsible for:
- Business operations — how your restaurant is run, including staffing, service, food preparation, hygiene and safety.
- Menu information — item names, descriptions, photos, ingredients, allergen and dietary information, and availability shown to guests.
- Pricing and charges — the prices, service charges, discounts and offers you configure.
- Taxes and invoicing — correctly configuring and charging applicable taxes (such as GST), issuing compliant bills and invoices, and filing returns.
- Customer data — having a lawful basis and any required notices or consents for the guest information you collect through the Service.
- Regulatory compliance — holding and maintaining any licences, registrations and approvals your business needs (for example, food-safety, trade or tax registrations) and following laws that apply to your business.
DineStack provides
The software
- POS, ordering, kitchen display and table tools
- Hosting, security and backups for the Service
- Updates, fixes and product support
- Tools to export your data
Your restaurant owns
The business
- Operations, food, service and staff
- Menu details, allergens and pricing
- Taxes, invoices and filings
- Guest data consent and legal compliance
We do not review your menu, prices or tax settings for accuracy or legality, and we are not a party to transactions between you and your guests. Reports, totals and tax calculations in the Service are based on the information and settings you provide; please review them before relying on them for accounting or filing.
§ 05
Subscription Plans and Fees
Access to the Service is offered on a subscription or licence basis. The plans, features, number of outlets or devices covered, billing cycle and fees available to you are those described on our pricing page or in the order form, quote or checkout you accept (your "Plan").
- Fees are charged in advance for each billing period unless your Plan says otherwise.
- Unless stated otherwise, fees are exclusive of applicable taxes, which will be added to your invoice.
- Your subscription renews automatically at the end of each billing period on the same Plan unless you cancel before the renewal date, as explained in our Refund & Cancellation Policy.
- We may change our fees or Plans. For an active subscription, any price change applies from your next renewal, and we will give you reasonable advance notice by email or in the Service.
§ 06
Payments
Subscription payments are processed by Razorpay or another third-party payment processor we use (a "Payment Processor"). By paying, you also agree to the Payment Processor's applicable terms. We do not receive or store your full card number, CVV, UPI PIN, net-banking password or similar payment credentials; these are handled by the Payment Processor.
You authorise us and our Payment Processor to charge the payment method you provide for all fees due, including recurring charges where you have set up automatic renewal. If a payment fails, we may retry the charge, ask you to update your payment details, and, if the amount remains unpaid, restrict or suspend access to the Service until it is paid.
Payments your guests make to your restaurant (for example, at checkout through a QR ordering page) are made to you, through the payment provider you have connected. Those transactions are between you, your guest and your payment provider.
§ 07
Free Trials, if applicable
We may offer a free trial or promotional period. The length of the trial and any features or limits that apply will be shown when you sign up. Unless we say otherwise at sign-up, the trial ends automatically and no charge is made until you choose a paid Plan.
We may change or end trial offers at any time, and we may limit trials to one per business. Data entered during a trial may be deleted if you do not move to a paid Plan within a reasonable time after the trial ends.
§ 08
License to Use DineStack
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service during your subscription, for your internal business purposes, for the outlets and devices covered by your Plan.
Licence and activation keys are tied to the outlet or account they are issued for. You may not share, resell or reuse them for other outlets or businesses unless your Plan permits it.
§ 09
Acceptable Use
You agree not to, and not to allow anyone else to:
- use the Service for anything unlawful, fraudulent or misleading, including misleading menu or price information;
- copy, modify, reverse-engineer, decompile or try to extract the source code of the Service, except where the law expressly allows it;
- bypass or interfere with licensing, security or usage limits;
- upload malware, or attempt to gain unauthorised access to the Service, other accounts or our systems;
- overload, disrupt or scrape the Service, or use it to build a competing product;
- resell, rent or provide the Service to third parties except as permitted by your Plan;
- use the Service to send spam or unsolicited messages to guests.
§ 10
Restaurant Data
Your data stays yours. "Restaurant Data" means the information you or your staff enter into, or collect through, the Service — such as menus, prices, orders, bills, table records, staff details and guest information. As between you and us, you own your Restaurant Data.
You give us permission to host, process, back up, transmit and display Restaurant Data only as needed to provide, secure, support and improve the Service, and as described in our Privacy Policy. We may use aggregated or de-identified data that does not identify you, your guests or your staff to understand and improve how the Service performs.
Where you collect personal information about your guests or staff through the Service, you decide why and how that information is used, and we process it on your behalf and according to your instructions. You are responsible for informing them and obtaining any consent required by law.
You can export key Restaurant Data, such as menus and order history, while your account is active, in the formats the Service supports. Please keep your own backups of records you are legally required to retain.
§ 11
Third-Party Services
The Service may work with or link to third-party products — for example, payment providers, printers and other hardware, delivery or aggregator platforms, messaging services or accounting tools. Your use of any third-party service is governed by that provider's own terms and privacy policy.
We are not responsible for third-party services, their availability, or any loss caused by them. If a third-party service changes or stops supporting an integration, we may need to change or remove that integration.
§ 12
Service Availability
We work to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted or error-free. Availability may be affected by planned maintenance, updates, internet or power outages, device problems, third-party failures or events outside our reasonable control.
Where possible, we will give advance notice of planned maintenance that may affect service hours. Some features may depend on an internet connection; please keep a fallback process for taking orders and payments if your connection fails.
§ 13
Updates and Changes
We regularly improve DineStack. We may add, change or remove features, and release updates to our desktop and web applications. Some updates may be required to keep using the Service securely. If we remove a feature that is material to your Plan, we will give you reasonable notice.
We may update these Terms from time to time. If changes are material, we will notify you by email or in the Service before they take effect. The "Last Updated" date at the top of this page shows when the Terms were last revised. Continuing to use the Service after changes take effect means you accept the updated Terms.
§ 14
Suspension and Termination
- 01
Notice
Where a problem can be fixed, we tell you first and give you time to fix it.
- 02
Suspension
Access may be restricted for unpaid fees, serious breaches or legal risk.
- 03
Export window
After termination you can still export your Restaurant Data for a set period.
- 04
Deletion
Data is then deleted, except records we must keep by law.
You can cancel your subscription at any time as described in our Refund & Cancellation Policy.
We may suspend or terminate your access, with notice where reasonably possible, if you materially breach these Terms, fail to pay fees when due, use the Service in a way that creates legal or security risk, or if we are required to do so by law. Where a problem can be fixed, we will usually give you an opportunity to fix it first.
After termination, your right to use the Service ends. We will make your Restaurant Data available for export for 30 days after termination, after which we may delete it, except where we are required by law to keep it.
§ 15
Intellectual Property
The Service, including its software, design, interfaces, documentation, logos and the DineStack name, is owned by us or our licensors and is protected by intellectual-property laws. Except for the limited licence in these Terms, no rights are transferred to you.
If you send us feedback or suggestions, we may use them to improve the Service without any obligation to you.
§ 16
Disclaimers
To the extent permitted by law, the Service is provided on an "as is" and "as available" basis. We do not make any warranties beyond those expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose or non-infringement.
The Service does not provide legal, tax, accounting or food-safety advice. Reports and calculations are tools to help you; you should verify them and consult your own advisers where needed.
§ 17
Limitation of Liability
To the extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or data, arising from or related to your use of the Service.
To the extent permitted by law, our total liability for all claims relating to the Service is limited to the fees you actually paid us for the Service in the 12 months before the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited under applicable law.
§ 18
Indemnification
You agree to indemnify and hold harmless DineStack and its officers, employees and partners from claims, losses and expenses (including reasonable legal fees) arising from: your restaurant's operations; your menu, pricing, taxes or Restaurant Data; your dealings with your guests or staff; your breach of these Terms; or your violation of any law or third-party right.
§ 19
Governing Law
These Terms are governed by the laws of India. Subject to applicable law, the courts of India will have exclusive jurisdiction over any dispute arising from these Terms or the Service.
Before starting formal proceedings, both parties agree to try in good faith to resolve the dispute informally by contacting each other in writing.
§ 20
Contact Information
If you have questions about these Terms, please contact us:
- Company: DineStack
- Support: official.dinestack@gmail.com
- Grievances: official.dinestack@gmail.com