DineBlue Terms of Service · Privacy Policy · Print

Terms of Service

1. About these Terms
2. Definitions
3. Eligibility and your account
4. Free trial
5. Plans, fees and taxes
6. Your responsibilities as a restaurant
7. Payments made by your diners
8. Acceptable use
9. Your data and diners' personal data
10. What we provide
11. Third-party services
12. Intellectual property
13. Confidentiality
14. Suspension
15. Term, cancellation and termination
16. Disclaimers
17. Limitation of liability
18. Indemnity
19. Changes
20. Governing law and disputes
21. Grievance Officer
22. General

1. About these Terms

These Terms of Service ("Terms") are an agreement between OPL Tech Private Limited, a company incorporated under the Companies Act, 2013 (CIN [●]), having its registered office at [●] ("DineBlue", "we", "us"), and the business that signs up for or uses DineBlue ("Customer", "you").

By creating an account, ticking the box to accept these Terms or using the Service, you agree to these Terms and to our Privacy Policy. If you accept on behalf of a business, you confirm that you are authorised to bind it. DineBlue is offered to businesses for business use; it is not offered to consumers for personal use.

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and do not need a physical or digital signature.

2. Definitions

• Service: the DineBlue restaurant management software, including point of sale, kitchen display, QR table ordering, online ordering pages, reports, add-ons, and related websites and support.
• Restaurant Site: the web address we give you, such as yourname.dineblue.in.
• Authorised Users: your owners, managers and staff to whom you give access.
• Diners: your customers who order, book tables or pay through your Restaurant Site.
• Customer Data: all data that you, your Authorised Users or your Diners enter into the Service, including menus, prices, orders, invoices and Diners' personal data.
• Plan: the subscription plan you are on, which sets the number of orders you can take per day. All Plans include every core feature.
• Add-on: an optional module, such as Insights, that is included in your Plan or switched on separately.

3. Eligibility and your account

1. You must be a business operating lawfully in India, and the person creating the account must be at least 18 years old.
2. You must give accurate details when signing up, including a mobile number that we verify by one-time password (OTP), and keep them up to date.
3. Each mobile number and each email address may be used to create only one restaurant through self-service sign-up.
4. You are responsible for everything done through your account, including by your Authorised Users. Keep passwords confidential, give staff only the access they need, and remove access promptly when someone leaves.
5. Tell us at once at support@dineblue.in if you suspect unauthorised use of your account.

4. Free trial

1. New restaurants get a free trial for the period shown at sign-up (currently 30 days), with every feature and Add-on and no order limit. No payment details are needed.
2. When the trial ends, you can choose a paid Plan. If you don't, you can still take orders for a grace period of 3 days. After that, your Restaurant Site becomes read-only: no new orders can be placed, but you can still sign in, see past orders, take payment for existing orders, run reports and export your data.
3. We may change or end the free-trial offer for new sign-ups at any time. Trials already running are not shortened.

5. Plans, fees and taxes

1. Plans. Plans differ in the number of orders you can take per business day (midnight to midnight, Indian Standard Time). When you reach your Plan's daily limit, new orders are paused until the next business day, or until you upgrade. Current Plans and prices are shown on dineblue.in and in your account.
2. Fees. Subscription fees and Add-on fees are payable in advance for each monthly or yearly billing period, as stated in your order or invoice. Unless stated otherwise, invoices are payable within 7 days.
3. Taxes. All prices exclude Goods and Services Tax (GST) and other applicable taxes, which are charged in addition. We issue GST-compliant tax invoices. To claim input tax credit, give us your correct GSTIN and legal name before the invoice is issued.
4. Non-payment. If fees remain unpaid after their due date and a reminder, we may move your Restaurant Site to read-only until payment is received.
5. Price changes. We may change prices with at least 30 days' notice. New prices apply from your next billing period.
6. Refunds. Fees are non-refundable, including for partly used periods, except where these Terms say otherwise or the law requires.

6. Your responsibilities as a restaurant

You run your restaurant; DineBlue is the software you use to do it. You are solely responsible for:

1. Food and service: the food and beverages you sell, their quality, safety and preparation, allergen and ingredient information, and holding and displaying a valid licence or registration under the Food Safety and Standards Act, 2006 (FSSAI).
2. Menus, prices and bills: the accuracy of your menu, prices, service charges, discounts and the bills issued to Diners, including the tax rates you configure.
3. Taxes: your own GST registration, correct tax rates, tax invoices to Diners, returns and record-keeping. DineBlue calculates taxes using the settings you choose; it does not give tax advice.
4. Diners: your dealings with Diners, including complaints, refunds and obligations under the Consumer Protection Act, 2019.
5. Diners' personal data: collecting and using it lawfully, giving Diners any notice and obtaining any consent the Digital Personal Data Protection Act, 2023 requires, and handling their requests (see section 9).
6. Marketing messages: sending promotional SMS, WhatsApp or email only to Diners who have agreed to receive them, and complying with the Telecom Commercial Communications Customer Preference Regulations, 2018 (including DLT registration of headers and templates, and Do-Not-Disturb preferences) when you use any messaging feature.
7. Your equipment: internet connectivity, devices, printers and browsers used to access the Service.

7. Payments made by your diners

1. Online payments by Diners are processed by payment gateways and card-terminal providers (such as Razorpay, Paytm, Pine Labs or Mswipe) under your own merchant agreement with them. Funds go directly from the provider to you.
2. DineBlue is not a payment aggregator, payment gateway or bank. We do not collect, hold or transfer Diners' money, and we are not a party to the transaction between you and your Diners.
3. Card numbers, UPI PINs and bank credentials are entered on the provider's systems, not stored by DineBlue. We store the credentials you give us to connect to your provider in encrypted form, and payment references and statuses so that orders show as paid.
4. Refunds, chargebacks, settlement and disputes are between you, your Diners and your provider.

8. Acceptable use

You must not, and must not allow anyone else to:

• use the Service for anything unlawful, fraudulent or misleading, or to sell anything you are not licensed to sell;
• upload content that infringes others' rights, or that is obscene, defamatory, hateful or otherwise prohibited under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
• send unsolicited commercial communications using the Service;
• upload malware, or probe, scan, load-test or try to break the security of the Service without our written permission;
• access other restaurants' data, or try to;
• copy, modify, reverse-engineer or resell the Service, or use it to build a competing product;
• use automated means to access the Service except through features we provide for that purpose.

9. Your data and diners' personal data

1. Ownership. You own your Customer Data. You give us a licence to host, copy, process and display it only as needed to provide, secure and support the Service, and as these Terms or the law otherwise permit.
2. Roles. For Diners' personal data, you are the Data Fiduciary and DineBlue is your Data Processor under the Digital Personal Data Protection Act, 2023. We:
   • process Diners' personal data only to provide the Service and on your instructions given through the Service;
   • do not sell it, use it for our own marketing, or share it with other restaurants;
   • keep each restaurant's data logically separate from every other restaurant's;
   • protect it with reasonable security safeguards, and bind our sub-processors (listed in the Privacy Policy) to equivalent obligations;
   • tell you without undue delay after becoming aware of a personal data breach affecting your data, and help you meet your notification obligations;
   • help you respond to Diners' requests to access, correct or erase their data;
   • delete or return Diners' personal data when the Service ends, as described in section 15.
3. Aggregated data. We may use anonymised, aggregated statistics about use of the Service, which do not identify you, your Diners or any individual, to operate and improve the Service.
4. Hosting. Customer Data is stored on servers in India (Amazon Web Services, Mumbai region).

10. What we provide

1. We will provide the Service with reasonable skill and care, and keep it secure using reasonable security practices and procedures as required by the Information Technology Act, 2000 and the rules made under it.
2. We take regular backups. We aim to keep the Service available at all times, but we do not guarantee uninterrupted or error-free operation, and no service-level commitment applies unless agreed in a separate signed document.
3. We may carry out maintenance, preferably outside common restaurant hours and with notice where practicable.
4. We provide support by email at support@dineblue.in.
5. We may improve or change features over time. We will not materially reduce the core functions of your paid Plan during a billing period you have paid for.

11. Third-party services

The Service can connect to services provided by others, such as payment gateways, SMS and email providers, food delivery platforms and accounting software. Your use of them is governed by your agreement with that provider. We are not responsible for their services, availability, charges or changes, but we will make reasonable efforts to keep our integrations working.

12. Intellectual property

1. We, and our licensors, own the Service, including its software, design and documentation, and all intellectual property rights in it. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your business during your subscription.
2. You give us permission to display your name, logo and menu on your Restaurant Site and in the Service.
3. If you send us suggestions or feedback, we may use them without obligation to you.

13. Confidentiality

Each party will keep the other's non-public business information confidential and use it only for the purposes of these Terms, except where disclosure is required by law. This does not apply to information that is or becomes public without breach of these Terms, or that the receiving party already had or developed independently.

14. Suspension

We may suspend all or part of your access, with notice where practicable, if:

• your account is used in breach of section 8, or creates a security risk for the Service or other customers;
• fees remain unpaid after a reminder (in which case your site first becomes read-only);
• a court, regulator or other authority lawfully requires it.

We will restore access as soon as the reason for suspension is resolved.

15. Term, cancellation and termination

1. These Terms apply from when you first sign up and for as long as you use the Service.
2. You may cancel at any time by writing to support@dineblue.in. Cancellation takes effect at the end of the current billing period, until which the Service keeps working.
3. We may terminate:
   • if you materially breach these Terms and do not remedy the breach within 15 days of notice;
   • immediately, for serious or repeated breaches of section 8;
   • with at least 30 days' notice for any other reason, in which case we will refund prepaid fees for the unused period.
4. Your data after the end. After your subscription ends:
   • your Restaurant Site becomes read-only and you can export your data (for example from Reports) for 90 days;
   • we then delete Customer Data, except copies in backups (overwritten within 30 days) and anything we must keep by law.
   You are responsible for keeping your own business records, including invoices, for the periods required by GST and other laws.
5. Sections that by their nature should survive, including 9, 12, 13 and 15 to 22, survive termination.

16. Disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the extent the law permits, we disclaim all other warranties, express or implied, including fitness for a particular purpose. DineBlue is not responsible for your food, service, prices, tax settings or dealings with Diners. Information in the Service, such as reports and insights, is not tax, legal or financial advice.

17. Limitation of liability

1. Neither party is liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, business, goodwill or anticipated savings.
2. Our total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim. During a free trial, it is limited to INR [●].
3. If Customer Data is lost or corrupted because of our failure, our responsibility is to restore it from our most recent backup.
4. Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be limited under applicable law.

18. Indemnity

1. You will indemnify us against third-party claims, penalties and reasonable costs arising from:
   • your food, products or services;
   • Customer Data;
   • your dealings with Diners;
   • your breach of section 6 or 8;
   • your breach of applicable law, including data protection, consumer protection, food safety, tax and telecom regulations.
2. We will indemnify you against third-party claims that the Service, as we provide it, infringes their intellectual property rights in India, provided you notify us promptly and let us control the defence.

19. Changes to these Terms

We may update these Terms. For material changes, we will give at least 30 days' notice by email to your account's administrators or in the Service before they take effect. If you do not agree, you may cancel before the change takes effect and we will refund prepaid fees for the unused period. Continuing to use the Service after that date means you accept the updated Terms.

20. Governing law and disputes

1. These Terms are governed by the laws of India.
2. The parties will first try to resolve any dispute in good faith through discussion between senior representatives for 30 days.
3. Any dispute not resolved in that time will be referred to arbitration by a sole arbitrator appointed by mutual agreement, under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be [●], and the language English.
4. Subject to the above, the courts at [●] have exclusive jurisdiction.

21. Grievance Officer

In accordance with the Information Technology Act, 2000 and the rules made under it, complaints about the Service or content on it may be sent to our Grievance Officer:

We acknowledge complaints within 24 hours and aim to resolve them within 15 days of receipt.

22. General

• Entire agreement: these Terms, the Privacy Policy and any order form or invoice are the whole agreement between us about the Service. If they conflict, a signed order form prevails, then these Terms.
• Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, epidemics, government action, internet or power outages, or failures of cloud or telecom providers. This does not excuse payment obligations.
• Assignment: you may not transfer these Terms without our consent. We may transfer them to an affiliate or to a successor of our business, with notice to you.
• Notices: we send notices to your account administrators' email addresses or in the Service. You send notices to support@dineblue.in.
• Independence: the parties are independent contractors. Nothing creates a partnership, agency or employment relationship.
• Severability and waiver: if a provision is unenforceable, the rest remain in force. A delay in enforcing a right is not a waiver of it.