Section 1.0: Contractual Relationship
These Terms of Service (hereafter "Terms" or "Agreement") constitute a legally binding contract between dotit Services (hereafter the "Company", "Superadmin", "We", "Our", or "Us") and the corporate entity, sole proprietorship, restaurant establishment, or individual licensee (hereafter "Subscriber", "Licensee", "You", or "Your") accessing or using the Dinesync and HRMS software platform, databases, client portals, APIs, and associated modules (hereafter the "Platform" or "Service"). By checking any consent box, executing an onboarding purchase form, or utilizing any portion of the service in India, you agree to comply with and be bound by all clauses in this contract. If you are entering this agreement on behalf of a restaurant company, you warrant that you possess the full legal authority to bind said entity.
Section 2.0: Subscription Account, Credentials, & Security
To use the Platform, the Subscriber must register an administrative account. The Subscriber is fully responsible for maintaining the absolute confidentiality of account credentials (passwords, JWT tokens, API keys) and all activities occurring under the account, including actions taken by employees (waiters, captains, managers, kitchen staff). The Company shall not be liable for any losses or data integrity issues arising from unauthorized access. The Subscriber agrees to notify the Company immediately of any unauthorized breach of security or database compromises.
Section 3.0: License Grant and Limitations of Use
Subject to payment of subscription fees, the Company grants the Subscriber a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to use the Platform solely for internal business operations at the designated restaurant location. The Subscriber shall not: (a) reverse-engineer, decompile, or disassemble any part of the service; (b) bypass any subscription limitations, table count caps, menu item limits, or staff account caps; (c) use the Platform for unlawful activities or to transmit malicious code; (d) rent, lease, or resell the Platform database access.
Section 4.0: Platform Availability, Updates, & Maintenance Downtime
The Company endeavors to provide maximum server availability. However, the Company does not guarantee, warrant, or promise uninterrupted uptime. The Platform is subject to scheduled maintenance, emergency security patches, network failures, database lockouts, server hosting outages, and force majeure events. The Company reserves the right to deploy updates, patches, UI changes, and feature additions at its sole discretion. Certain legacy features may be deprecated or removed entirely without notice, liability, or compensations.
Section 5.0: Billing, Pricing structure, and Transaction Taxes
Subscribers agree to pay all subscription charges (recurring fees, setup fees, WhatsApp API integration charges) according to the pricing tier activated. The Company reserves the right to adjust monthly, annual, or custom package pricing at any time by giving a 15-day notice or by updating the public pricing page. Continued usage after price adjustments constitutes binding agreement to the updated fees. All rates listed are exclusive of applicable local taxes for India, which will be billed automatically to the Subscriber.
Section 6.0: Intellectual Property & Trademark Protection
All source code, proprietary algorithms, database architecture, design layouts, logos, CSS scripts, graphics, trademarked expressions, and dashboard interfaces are the absolute intellectual property of the Company (dotit Services). No ownership rights, copyrights, patents, or trade secrets are transferred to the Subscriber under this Agreement. Any unauthorized copying, cloning, or mimicking of the Dinesync layout is strictly prohibited and subject to legal action.
Section 7.0: Governing Law and Dispute Resolution
This Agreement, including all policies, terms, and conditions, shall be governed by, construed, and enforced in accordance with the laws of India. Any legal actions, suits, or arbitrations arising from or related to the Platform must be initiated solely in respective courts. The Subscriber waives any right to assert class action suits or foreign jurisdictional claims.
*** IMPORTANT ADDENDUM: WAIVER OF LIABILITY, OWNERSHIP, AND ABSOLUTE REFUND POLICY ***BY PROCEEDING WITH THE SERVICE, YOU EXPLICITLY AGREE TO THE FOLLOWING UNILATERAL CONDITIONS:
1. **ABSOLUTE OWNERSHIP OF DATA & TELEMETRY RIGHTS:** The Company (Superadmin) retains complete, unrestricted rights to use, aggregate, analyze, sell, distribute, and license all anonymized transactional data, metadata, and restaurant metrics generated by your store for commercial, statistical, or operational purposes.
2. **COMPACT AND IRREVOCABLE "NO-REFUND" POLICY:** ALL SUBSCRIPTION FEES, PLAN UPGRADES, ONBOARDING COSTS, AND INTEGRATION CHARGES PAID TO THE COMPANY ARE STRICTLY 100% NON-REFUNDABLE AND NON-TRANSFERABLE UNDER ANY CIRCUMSTANCES. NO REFUNDS, PARTIAL CREDITS, OR REIMBURSEMENTS WILL BE GRANTED FOR EARLY TERMINATIONS, CLIENT DISPUTES, OR SERVICE DISRUPTIONS. (EXCEPTIONS MAY ONLY BE CONSIDERED IN CASES OF SYSTEM BILLING ERRORS, SUCH AS DOUBLE PAYMENTS, WHICH WILL BE REVIEWED AND RESPONDED TO ON A CASE-BY-CASE BASIS).
3. **FULL INDEMNIFICATION FOR SERVICE INTERRUPTIONS:** The Company assumes no responsibility for data loss, corrupted tables, lost billing entries, discrepancies in staff payroll calculation, or service outages. You agree to fully indemnify the Company against any claims, losses, or legal liabilities arising from data breaches or platform down-times.
4. **UNILATERAL ACCOUNT SUSPENSION:** The Company (Superadmin) reserves the absolute right to suspend, terminate, or delete your subscription account, access credentials, and all associated datasets without warning, notice, explanation, or refund if the Company suspects any breach of this policy or deems it necessary for platform security.