Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") govern your access to and use of the Foodix platform, websites, applications and services (the "Service"). Foodix.io is a product of Webcandy FZ, a company registered in the United Arab Emirates ("Webcandy FZ", "Foodix", "we", "us", "our"). By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of a business, you represent that you are authorised to bind that business, and "you" means that business.

2. Definitions

• Venue — a business (restaurant, café, hotel, beach club or similar) that uses the Foodix dashboard.
• Diner — an end customer who interacts with a Venue's menu, places an order, makes a payment, books a table, or joins a loyalty programme through the Service.
• Content — menus, images, text, prices, offers and other materials uploaded to or generated through the Service.
• Payment Processor — a third-party, regulated payment-services provider (e.g. Stripe and its affiliates) that authorises, processes and settles Diner payments.
• Diner Transaction — a payment made by a Diner to a Venue through the Service.
• Net Proceeds — the amount remitted to a Venue for Diner Transactions after deduction of Payment Processor fees, applicable taxes, refunds, chargebacks and any Foodix fees.

3. The Service

Foodix is a hospitality operating system that may include, depending on your plan: Menu (branded QR digital menus), Pay (QR/app bill payment and bill-splitting), Reviews (reputation aggregation), Ordering (dine-in, pickup, home and in-room delivery), Reserve (reservations, floor plans and deposits), Hotels (in-room and sunbed service, charge-to-room) and Saha Pass loyalty, together with related dashboard, analytics, marketing and integration tools. We may add, change or remove features. We strive to keep the Service available but do not guarantee uninterrupted or error-free operation.

4. Accounts & eligibility

You must provide accurate information, keep your credentials secure, and are responsible for all activity under your account. You must be at least 18 and legally able to enter into these Terms, and you must use the Service in compliance with applicable laws and any applicable licences (including food-service, alcohol and trade licences).

5. Acceptable use

You agree not to misuse the Service, including: violating any law or third-party right; uploading unlawful, infringing, deceptive or harmful Content; misrepresenting prices, allergens or offers; attempting unauthorised access; interfering with the Service's operation or security; circumventing fees; or using the Service to transmit spam or malware.

6. Venue Content & responsibilities

Venues are solely responsible for their Content and for the accuracy of menus, prices, allergen and nutrition information, age-restricted/alcohol items, tax settings and offers, and for fulfilling orders and honouring bookings. Where the Service is used to sell alcohol or other age-restricted goods, the Venue is responsible for verifying age and holding the necessary licences. You grant Foodix a non-exclusive, worldwide licence to host, process, reproduce and display your Content as needed to provide and promote the Service. You represent that you hold the rights to the Content you upload.

7. Foodix Pay & Diner payments

Software, not a payment institution

Foodix provides software that enables Diners to pay Venues. Foodix is not a bank, payment processor, money transmitter or financial institution and does not take custody of, or control over, Diner funds. All authorisation, processing, clearing and settlement of Diner Transactions are performed exclusively by the Payment Processor under the Processor's own agreement with the Venue and/or Foodix.

Merchant of record

Unless expressly agreed otherwise in writing, the Venue is the merchant of record for all Diner Transactions and is responsible for the underlying sale, for tax (including VAT) on it, and for issuing receipts.

Settlement & fees

The Payment Processor remits Net Proceeds to the Venue's designated account on the Processor's settlement schedule. Foodix and/or the Processor may deduct applicable fees (including the Processor's merchant discount rate, which is a pass-through) from proceeds before settlement or invoice them separately. Foodix does not charge commission on Diner Transactions; Payment Processor fees and any agreed Foodix subscription fees still apply.

Refunds, chargebacks & disputes

Refunds to Diners are the Venue's responsibility and are made through the dashboard or the Processor. The Venue bears all chargebacks, reversals and related fees, and any fines imposed by a card network or regulator. Excessive chargebacks or suspected fraud are grounds for immediate suspension. Foodix is not responsible for settlement delays, holds, reserves or frozen funds imposed by the Processor or a bank.

Tips, service charges & card data

Tips, gratuities and service charges collected through the Service are passed to the Venue (or its staff, as the Venue directs); Foodix does not retain them. Foodix does not store full card numbers; card data is handled by the Payment Processor in accordance with the PCI-DSS and card-network rules, which the Venue agrees to comply with to the extent applicable.

8. Ordering, reservations & loyalty

Ordering & delivery. Foodix transmits orders to the Venue; the Venue is responsible for accepting, preparing, fulfilling and (where applicable) delivering them, and for compliance with food-safety and consumer law. The contract for any order is between the Diner and the Venue.

Reservations & deposits. Where a Venue uses Reserve, the Venue sets its booking, deposit, cancellation and no-show terms and determines whether a no-show occurred. Foodix provides the booking tool and may facilitate deposit collection via the Payment Processor; Foodix is not a party to the reservation contract between the Diner and the Venue.

Loyalty (Saha Pass). Loyalty points, rewards and benefits have no cash value, are not transferable or redeemable for cash except where required by law, and may expire. The Venue sets its programme terms; Foodix may modify or discontinue loyalty functionality on reasonable notice.

9. Third-party services & Instagram integration

The Service may integrate with third-party services. Where a Venue connects its own Instagram professional account, the Venue authorises Foodix to access and use Instagram data to provide the connected features, in accordance with our Privacy Policy and the applicable Meta Platform Terms and Developer Policies. Your use of third-party services (including the Payment Processor, POS and PMS systems, and communications providers) is also subject to their terms. The Venue is responsible for ensuring it has the right to connect a given account and to publish or manage content through it.

10. Fees, subscriptions & billing

Paid plans and features are billed as described at the point of purchase or in an order form. Unless stated otherwise: fees are non-refundable; subscriptions auto-renew for successive equal terms unless cancelled at least 30 days before renewal; we may change prices on prospective notice (and for a material increase at renewal you may decline by not renewing); overdue amounts may incur a late charge, we may suspend the Service after 7 days' notice, and 30 days' non-payment may be treated as a material breach.

11. Intellectual property & aggregated data

The Service, including its software, design, models and trademarks, is owned by Webcandy FZ and its licensors and is protected by law. These Terms grant you only a limited right to use the Service as permitted. Foodix may create and use aggregated and de-identified data derived from use of the Service (which does not identify you, any Diner or any Venue) to operate, secure, analyse and improve the Service and to develop new features.

12. Data protection

Our collection and use of personal data is described in our Privacy Policy. Where Foodix processes Diner personal data on a Venue's behalf, Foodix acts as processor and the Venue as controller, and the parties are subject to our Data Processing Addendum, which is incorporated by reference where applicable data-protection law requires it.

13. Publicity

Foodix may identify a Venue as a customer and use its name and logo in marketing materials and on our website, consistent with any brand guidelines the Venue provides. A Venue may withdraw this permission for future use by contacting us.

14. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Foodix does not warrant the conduct of any Diner, Venue, Payment Processor or other third party.

15. Limitation of liability

To the maximum extent permitted by law, Webcandy FZ will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill or data. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the twelve (12) months preceding the claim. Nothing limits liability that cannot be excluded by law (including fraud).

16. Indemnification

You agree to indemnify and hold harmless Webcandy FZ from claims, damages, fines and expenses arising from your Content, your Diner Transactions, your products and services, your use of the Service, or your breach of these Terms or of any card-network or payment rule.

17. Term & termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms, fail to pay, present a security or fraud risk, or to protect the Service or any third party. Upon termination your right to use the Service ends; we will make your data available for a 30-day retrieval window where reasonably practicable, after which we may delete it. Sections that by their nature should survive (IP, payments owed, disclaimers, limitation of liability, indemnity, data protection and governing law) survive termination.

18. Governing law & dispute resolution

These Terms are governed by the laws of the United Arab Emirates. The parties will first attempt to resolve any dispute amicably within 30 days of written notice. Failing that, the courts of the Emirate of Dubai will have jurisdiction, without prejudice to any mandatory consumer-protection rights you may have in your country of residence.

19. Changes to these Terms

We may update these Terms from time to time. We will update the "Last updated" date and, where appropriate, provide additional notice. Continued use of the Service after changes take effect constitutes acceptance.

20. Contact us

Webcandy FZ (operating Foodix) — ONE JLT, Office 124, Jumeirah Lake Towers, Dubai, United Arab Emirates · letstalk@foodix.io