Welcome to DineSys, a comprehensive web-based restaurant management software solution. These Terms and Conditions ("Terms") govern your access to and use of the DineSys platform, services, website, and associated applications (collectively, the "Service").
By accessing or using the DineSys Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. These Terms constitute a legally binding agreement between you (whether an individual or entity) and Fazgo Technologies, the provider of DineSys ("Company," "we," "us," or "our").
"Account" refers to the unique credentials and access rights created for your use of the Service.
"Content" means information, data, text, documents, software, images, photos, graphics, or other materials uploaded, downloaded, or appearing on the Service.
"Customer Data" means any data, information, or material provided or submitted by you to the Service in the course of using the Service.
"Subscription" refers to the purchased access rights to use the Service according to a specific plan for a defined period.
"User" means an individual authorized by you to use the Service.
To use the DineSys Service, you must register for an account by providing complete and accurate information as requested during the registration process. You must be at least 18 years old and capable of entering into legally binding contracts to create an account.
You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to:
The person who creates an account and registers for the Service is designated as the administrator and has authority to manage and control the account, including adding or removing users and controlling access levels.
DineSys offers various subscription plans with different features, limitations, and price points. The specific features of each plan are described on our website or in your service agreement.
Payment for the Service is made according to the subscription plan you select. All fees are exclusive of taxes unless stated otherwise. You are responsible for paying all taxes associated with your use of the Service.
Fees for the Service are billed in advance on either a monthly or annual basis, depending on the subscription plan selected. The billing cycle begins on the date of your initial subscription purchase.
Subscriptions automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. By subscribing, you authorize us to charge your payment method for the subscription fees at the beginning of each billing period.
Fees paid for the Service are non-refundable except as specifically provided in these Terms or when required by law.
We reserve the right to modify our prices at any time. If we increase subscription fees, we will provide notice at least 30 days before the change takes effect. Your continued use of the Service after a price change constitutes your agreement to pay the modified amount.
You agree to use the Service in compliance with all applicable laws, regulations, and third-party rights.
You shall not engage in any of the following prohibited activities:
The Service may be subject to usage limitations, including storage limits, number of users, and transaction volumes, as specified in your subscription plan. Exceeding these limitations may result in service restrictions or additional charges.
You retain all rights to your Customer Data. By using the Service, you grant us a license to host, copy, transmit, and display your Customer Data as necessary to provide the Service.
Our collection and use of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.
We implement reasonable security measures designed to protect your Customer Data from unauthorized access or disclosure. However, no internet or email transmission is ever fully secure or error-free, and you acknowledge this risk when using the Service.
While we perform regular system backups, you are responsible for maintaining backups of your Customer Data. We recommend implementing a regular backup routine to ensure the integrity of your critical business information.
If required under applicable data protection laws, we will enter into a data processing agreement with you governing our processing of personal data.
All rights, title, and interest in and to the Service, including all intellectual property rights, are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service for your internal business operations during the subscription term.
You shall not:
If you provide feedback, ideas, or suggestions regarding the Service ("Feedback"), we are free to use such Feedback without any obligation to you.
The Service may integrate with or contain links to third-party websites or services. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services.
DineSys may offer integration with third-party services such as payment processors, online ordering platforms, or delivery services. These integrations are provided "as is," and we do not warrant the continued availability of such integrations.
These Terms commence on the date you first access or use the Service and continue until terminated as provided herein.
You may terminate your account and subscription at any time by providing written notice to us. Such termination will be effective at the end of your current billing cycle.
We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if:
Upon termination:
We warrant that the Service will perform materially in accordance with our published specifications under normal use and circumstances.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.
OUR MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
We may modify these Terms from time to time. If we make material changes to these Terms, we will notify you through the Service or by sending an email to the address associated with your account. Your continued use of the Service after such notification constitutes your acceptance of the modified Terms.
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration conducted in [Arbitration Location] in accordance with the rules of [Arbitration Association]. The decision of the arbitrator shall be final and binding.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction.
These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.
If you have any questions about these Terms, please contact us at:
Email: support@dinesyspos.com
Phone: [Your Customer Support Phone Number]
Address: [Your Company Address]
We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for planned maintenance, force majeure events, and Internet service provider failures or delays.
We target a 99.5% uptime for the Service, measured monthly, excluding scheduled maintenance windows.
Scheduled maintenance will generally be performed during non-business hours. We will provide at least 48 hours' advance notice for scheduled maintenance that may affect Service availability.
If we fail to meet our uptime commitment in any calendar month, you may be eligible to receive service credits as outlined in your service agreement.
We implement and maintain appropriate technical, organizational, and physical safeguards to protect Customer Data in accordance with industry standards.
We maintain a disaster recovery plan designed to minimize service disruption in the event of a catastrophe or other emergency.
In the event of a confirmed data breach affecting your Customer Data, we will notify you in accordance with applicable law and provide information about the breach as reasonably required.
Last Updated: May 13, 2024
By using DineSys, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions
