Terms of Service

1. Acceptance of Terms & Scope of Agreement

Welcome to DineBuddy ("DineBuddy," "we," "our," or "us"). These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement entered into by and between DineBuddy Technologies Private Limited (operating the DineBuddy platform and associated applications) and you—whether personally as an individual customer or diner, or on behalf of an entity, corporation, partnership, or proprietary concern as a registered restaurant partner, vendor, or operator (collectively, "User," "you," or "your").

By accessing, browsing, downloading, integrating, scanning any DineBuddy QR code, placing an order, operating our Kitchen Display System (KDS), accessing our restaurant management portal, or otherwise utilizing any web domain, mobile portal, application programming interface (API), or related service (collectively, the "Services" or the "Platform"), you acknowledge that you have read, understood, and agree to be unconditionally bound by all terms, conditions, disclaimers, and covenants contained in this Agreement, as well as our incorporated Privacy Policy.

Electronic Record & Legal Assent:This document is an electronic record published in strict accordance with the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and all applicable statutory amendments and provisions pertaining to electronic records and transactions in India. This electronic contract is generated by a computer system and does not require any physical or digital signatures. Under Section 10A of the Information Technology Act, 2000, the formation of contracts through electronic means is valid, binding, and enforceable in court. Your affirmative acts of accessing the platform, scanning QR codes, clicking "I Accept," registering an account, or transmitting an electronic order constitute your valid and irrevocable electronic signature.

Eligibility & Age Requirements: You represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity and authority to enter into a valid, binding contract under the Indian Contract Act, 1872. If you are under eighteen (18) years of age, you may browse our digital menus only under the direct supervision and express consent of a parent or legal guardian who agrees to be bound by these Terms. Minors are strictly prohibited from placing orders, executing financial transactions, or ordering any alcoholic beverages or age-restricted items on or through the Platform.

Authority to Bind Business Entities:If you are accessing or utilizing the Services on behalf of a corporate entity, restaurant, eatery, cloud kitchen, food truck, bar, hotel, or other business enterprise, you explicitly represent and warrant that you are an authorized representative, director, partner, or owner vested with all requisite corporate and statutory power, board approvals, and legal authority to bind such business entity to these Terms. In such event, "User," "you," and "your" shall collectively refer to both the individual accessing the Services and the business entity represented.

Precedence & Additional Contracts: If you have entered into a separate, written Master Services Agreement (MSA), Merchant Partnership Agreement, or Enterprise Level SLA with DineBuddy, the terms of that specific written agreement shall prevail over these Terms only to the explicit extent of any direct, irreconcilable conflict between them; in all other respects, these Terms remain fully applicable and binding.

2. Definitions and Interpretations

In these Terms of Service, unless the context otherwise expressly requires, capitalized terms shall have the respective meanings set forth below:

• "Account" means the unique registered profile, credential, or identification created by or assigned to a Diner, Restaurant Partner, or authorized staff member to access specific functionalities of the Services.
• "AI Waiter Assistant" or "AI Waiter" refers to our proprietary generative artificial intelligence and algorithmic recommendation system designed to interact with Diners, suggest menu items, answer culinary inquiries, calculate pairing possibilities, and facilitate interactive menu discovery.
• "Analytics Dashboard" refers to the web-based reporting and business intelligence suite furnished to Restaurant Partners for tracking order velocity, average order values, table turnover, inventory trends, and aggregated diner insights.
• "Applicable Law" includes all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, and orders of any governmental, statutory, regulatory, or judicial authority in India, including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Consumer Protection Act, 2019, the Food Safety and Standards Act, 2006, the Central Goods and Services Tax Act, 2017, and the Indian Contract Act, 1872.
• "Customer" or "Diner" means any individual who scans a DineBuddy QR code, browses a digital menu, interacts with the AI Waiter Assistant, places an order, or pays a bill at a participating dining venue.
• "Digital Menu" means the dynamic electronic catalog of food items, beverages, prices, allergen warnings, dietary labels, descriptions, and photographs published by a Restaurant Partner and displayed to Diners through the DineBuddy web interface.
• "DineBuddy IP" means all intellectual property rights, whether registered or unregistered, worldwide, including software code, algorithms, visual designs, graphic assets, user interfaces, machine learning models, database schemas, trademarks, service marks, logos, brand names, and trade secrets owned by or licensed to DineBuddy.
• "Kitchen Display System" or "KDS" refers to the digital operational interface utilized by kitchen, bar, and floor personnel of a Restaurant Partner to receive, queue, prepare, modify, and fulfill orders submitted by Diners.
• "Order" means any request submitted by a Diner via the DineBuddy Platform for the preparation and provision of food, beverages, or hospitality services by a Restaurant Partner.
• "Order Data" includes items ordered, prices, order timestamps, table designations, modifications, dietary requests, billing summaries, payment statuses, and fulfillment times generated during an ordering session.
• "Payment Gateway" refers to the regulated, third-party payment aggregator or banking intermediary (such as Razorpay, Cashfree, Stripe, PayU, or Paytm) integrated with the Platform to facilitate electronic settlement of bills via UPI, cards, net banking, or digital wallets.
• "Platform" means the suite of websites, mobile responsive portals, QR ordering engines, kitchen management consoles, and administrative dashboards operated under the DineBuddy brand.
• "QR Code System" means the unique, table-specific, venue-specific, or counter-specific physical and digital Quick Response codes generated by DineBuddy to route Diners directly to the applicable digital menu and ordering session.
• "Restaurant Partner" or "Merchant" means any commercial food service establishment, restaurant, bar, bistro, quick service restaurant (QSR), hotel, resort, cloud kitchen, or catering venue that licenses or utilizes DineBuddy to manage menus, table orders, payments, and kitchen operations.
• "Service Fees" means any subscription fees, software license fees, transaction processing charges, hardware fees, or convenience charges levied by DineBuddy for the provision of the Platform and its auxiliary services.
• "User Content" means all data, menu items, culinary images, price listings, reviews, ratings, comments, feedback, logos, and promotional media uploaded, submitted, or shared by Users through the Platform.

3. Account Registration & Responsibilities

To utilize certain administrative features, merchant portals, or personalized diner conveniences on the Platform, Users must maintain active accounts or provide verified credentials as stipulated herein.

3.1 Account Classifications

The Platform provides specialized access levels: (a) Diner Guest Profiles, which may be initialized via mobile phone verification (OTP) or anonymous guest sessions linked to active table tokens; (b) Restaurant Partner Accounts, which are password-protected enterprise accounts granted to authorized venue managers; and (c) Staff Profiles, which are sub-accounts created by Restaurant Partners with role-based permissions (e.g., kitchen chef, captain, waiter, cashier).

3.2 Registration Accuracy & KYC Verification

You agree to provide true, accurate, current, and complete information during registration and to promptly update all account details whenever changes occur. Restaurant Partners expressly agree to provide verified Know-Your-Customer (KYC) documents upon request, including valid Food Safety and Standards Authority of India (FSSAI) license certificates, Goods and Services Tax Identification Numbers (GSTIN), Permanent Account Numbers (PAN), corporate incorporation filings, bank account verification documents, and active municipal trade licenses. Providing false, fictitious, misleading, or expired regulatory credentials constitutes a material breach of this Agreement and warrants immediate termination.

3.3 Credential Security & Confidentiality

You are solely responsible for maintaining the strict confidentiality of your login credentials, passwords, OTPs, API keys, and administrative access tokens. You agree not to disclose, share, or transfer your account credentials to any third party. You assume full legal and financial responsibility for all activities, orders, transactions, menu modifications, and communications conducted under your account, whether authorized by you or resulting from your failure to maintain appropriate security precautions.

3.4 Notification of Security Breaches

You must notify DineBuddy immediately in writing at legal@dinebuddy.in upon discovering or suspecting any unauthorized access, security incident, data compromise, credential leak, or breach of security affecting your account or any connected hardware terminal. DineBuddy will not be liable for any loss, damage, or unauthorized financial transactions incurred by you prior to our receipt of such verified breach notification.

3.5 Account Suspension and Revocation

DineBuddy reserves the right, in its sole, unfettered discretion, without prior notice and without liability, to suspend, terminate, freeze, or deactivate any account if we reasonably suspect: (a) engagement in fraudulent, abusive, illegal, or deceptive practices; (b) non-compliance with Applicable Law, including food hygiene or tax regulations; (c) prolonged non-payment of accrued Service Fees; (d) submission of counterfeit or harmful content; or (e) violation of any provision of these Terms.

4. Restaurant Partner Terms & Merchant Obligations

This Section governs the specific contractual rights, obligations, and representations of all Restaurant Partners who list their dining establishments, menus, and operations on the DineBuddy Platform.

4.1 Statutory Licensing & FSSAI Compliance

Every Restaurant Partner represents, warrants, and covenants that it operates in strict conformity with the Food Safety and Standards Act, 2006, and the rules and regulations framed by the Food Safety and Standards Authority of India (FSSAI). The Restaurant Partner warrants that it possesses a valid, unexpired FSSAI license or registration corresponding to its dining premises, that its license number is prominently displayed on its digital menu and physical outlet as mandated by law, and that it adheres to all hygiene, clean-preparation, storage, and food handling standards.

4.2 Digital Menu Accuracy & Pricing Integrity

Restaurant Partners are solely responsible for creating, configuring, verifying, and updating their Digital Menus on DineBuddy. This includes ensuring absolute accuracy regarding: (a) item descriptions and ingredients; (b) mandatory dietary indicators (e.g., green dot for Vegetarian, brown/red dot for Non-Vegetarian per Indian statutory standards); (c) allergen warnings (e.g., nuts, gluten, dairy, shellfish, soy); (d) accurate retail prices; (e) statutory Goods and Services Tax (GST) slabs; and (f) any applicable packaging, delivery, or service charges. The Restaurant Partner shall not engage in deceptive pricing, hidden charges, or dual pricing that violates the Consumer Protection (E-Commerce) Rules, 2020.

4.3 Sole Liability for Food Preparation, Quality & Safety

The Restaurant Partner explicitly acknowledges and agrees that DineBuddy is strictly a software technology provider and intermediary. DineBuddy does not prepare, handle, package, inspect, store, or deliver any food or beverage items. The Restaurant Partner assumes 100% exclusive legal, civil, and criminal liability for the quality, freshness, hygiene, temperature, authenticity, edibility, and safety of all culinary items served. In the event of any diner illness, allergic reaction, foodborne pathogen, foreign contaminant, or injury arising from food served, the Restaurant Partner shall bear full legal responsibility and shall indemnify DineBuddy completely against all claims, regulatory penalties, and legal expenses.

4.4 Order Fulfillment & Operational SLAs

Restaurant Partners agree to maintain active, functioning KDS terminals or dashboard connections during their operational business hours. Restaurant Partners must: (a) promptly acknowledge and accept incoming Diner orders; (b) maintain accurate preparation time estimates; (c) immediately mark sold-out items as "out of stock" on the digital menu to prevent unfulfillable orders; and (d) serve prepared items to the correct table identified in the QR ordering token.

4.5 Right of Platform to Delist or Suspend Outlets

DineBuddy retains the absolute right, without liability, to suspend, de-index, or delist any Restaurant Partner or specific menu item if: (a) the partner receives sustained, credible complaints regarding food quality, adulteration, or food poisoning; (b) the partner fails to maintain or furnish proof of valid FSSAI or GST compliance; (c) the partner charges unlawful surcharges or misrepresents prices; or (d) the partner behaves in a hostile, abusive, or unprofessional manner toward Diners or DineBuddy personnel.

4.6 Taxation, Invoicing & GST Compliance

Restaurant Partners are strictly responsible for determining, collecting, reporting, and remitting all applicable indirect taxes, including Central Goods and Services Tax (CGST), State Goods and Services Tax (SGST), Integrated Goods and Services Tax (IGST), and Value Added Tax (VAT) on alcoholic beverages, to the appropriate taxation authorities. Restaurant Partners must furnish legally compliant tax invoices directly to Diners, either physically or electronically. DineBuddy shall deduct Tax Collected at Source (TCS) or Tax Deducted at Source (TDS) under Section 52 of the CGST Act, 2017, and Section 194-O of the Income Tax Act, 1961, wherever statutory thresholds or mandates apply.

4.7 Independent Contractor Relationship

The relationship between DineBuddy and Restaurant Partners is strictly that of independent commercial contractors operating on a principal-to-principal basis. Nothing in this Agreement shall be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between DineBuddy and any Restaurant Partner or restaurant employee.

5. Customer & Diner Terms

This Section governs the specific terms under which customers, diners, and patrons access digital menus, submit orders, interact with automated systems, and settle bills at participating establishments.

5.1 QR Code Ordering & Table Session Initialization

DineBuddy facilitates contactless ordering through table-specific QR codes. When you scan a QR code at a dining establishment, your device initializes an active dining session linked to your specific table or seating area. You are responsible for verifying that the table number displayed on your mobile screen precisely matches your actual physical table before submitting any orders. DineBuddy is not responsible for misdirected orders, food served to wrong tables, or disputed charges resulting from scanning an incorrect QR code or sharing QR tokens with third parties.

5.2 Order Verification & Finality

Before pressing "Place Order" or confirming your selection, you must carefully inspect all items, quantities, variants, spice selections, and customized instructions in your digital cart. Once you submit an order and it is transmitted to the restaurant kitchen display system, that order constitutes a firm, binding purchase commitment. Because culinary items are prepared immediately upon order receipt, you cannot unilaterally cancel, revoke, or alter an order once the restaurant kitchen has accepted or begun preparing it.

5.3 Payment Obligations & Dine-and-Dash Policy

By placing an order through DineBuddy, you enter into a direct contractual obligation with the Restaurant Partner to pay the full stated purchase price, inclusive of all item costs, applicable taxes (GST), approved restaurant service charges, and any agreed platform fees. Consuming food or beverage items and departing the premises without completing full electronic or manual payment constitutes criminal theft and fraud under the Bharatiya Nyaya Sanhita, 2023 (formerly the Indian Penal Code, 1860). DineBuddy cooperates fully with law enforcement authorities and restaurant security by furnishing session logs, IP addresses, phone records, and digital timestamps in cases of disputed non-payment.

5.4 Allergen, Dietary & Medical Disclaimers

Critical Health Warning: If you or any member of your dining party suffers from severe food allergies (including, but not limited to, peanuts, tree nuts, dairy, lactose, gluten, wheat, eggs, shellfish, crustaceans, soy, sesame, or mustard), or has strict medical or dietary requirements (such as diabetes, severe hypertension, or celiac disease), you MUST NOT rely solely on digital menu descriptions or AI recommendations. You are strictly obligated to inform the human restaurant manager, waitstaff, and kitchen chef verbally and confirm that the establishment can safely accommodate your requirements without risk of cross-contact. Neither DineBuddy nor the AI Waiter Assistant can physically inspect kitchen utensils, cookware, frying oils, or prep surfaces.

5.5 In-Venue Conduct & Patron Decorum

Diners agree to treat restaurant personnel, fellow diners, and dining property with courtesy, dignity, and respect. Diners shall not use DineBuddy notes, special instructions, or review fields to transmit profane, harassing, threatening, obscene, defamatory, or discriminatory communications. Restaurant Partners retain the full legal right of admission and may refuse service or eject any patron engaging in disruptive or unlawful behavior.

6. AI Waiter Assistant & Automated Algorithmic Services

DineBuddy incorporates advanced artificial intelligence, machine learning, and natural language processing to deliver the AI Waiter Assistant feature. Users must understand the technological scope and legal limitations of these automated services.

6.1 Nature of AI Technology & Probabilistic Output

The AI Waiter Assistant operates on sophisticated large language models and predictive recommendation algorithms that analyze menu items, flavor profiles, popular trends, and user conversation prompts. Artificial intelligence outputs are inherently probabilistic and generated automatically based on statistical language associations and metadata supplied by Restaurant Partners.

6.2 Recommendations Are Advisory Suggestions Only

All culinary recommendations, pairings, chef specials, portion estimates, flavor descriptions, and taste predictions provided by the AI Waiter are purely suggestive entertainment and convenience features. DineBuddy does not warrant or guarantee that an AI-suggested dish will suit your subjective palate, meet your expectations, or perfectly complement another item. Culinary taste is entirely personal and subjective.

6.3 Absolute Disclaimer of Medical, Nutritional & Allergy Advice

The AI Waiter Assistant is NOT a certified medical practitioner, licensed dietitian, trained nutritionist, or healthcare expert. The AI Waiter is not equipped to assess medical safety, pharmacological interactions with food, glycemic indices, or life-threatening allergy risks. You must never treat any automated AI statement as medical confirmation that a dish is allergen-free, celiac-safe, or suitable for any medical condition.

6.4 AI Limitations, Hallucinations & Intermediary Status

Like all generative artificial intelligence, the AI Waiter Assistant may occasionally output inaccurate, outdated, or erroneous statements (commonly referred to as "hallucinations"), such as misinterpreting an ingredient, suggesting an item that is temporarily out of stock, or miscalculating dish spice intensity. You agree that DineBuddy shall have no liability whatsoever for any direct or indirect losses, dissatisfaction, or adverse events resulting from reliance on AI-generated communications.

6.5 Algorithmic Training & Conversational Telemetry

To refine recommendation quality and train our machine learning models, DineBuddy may collect, process, and analyze anonymized conversation logs, queries, dietary preferences, and recommendation outcomes. Such data is processed in strict adherence to our Privacy Policy and the Digital Personal Data Protection Act, 2023.

6.6 Opt-Out & Alternative Traditional Ordering

Engaging with the AI Waiter Assistant is completely optional. Any Diner may freely bypass the AI assistant at any time to browse the conventional static digital menu, apply manual category filters, or summon a human waiter to take orders in person.

7. Ordering, Pricing, Billing & Payment Terms

This Section governs the financial mechanics, pricing standards, billing protocols, and transaction processing governing all orders placed through the Platform.

7.1 Order Placement & Contract Formation

When a Diner submits an order on DineBuddy, the submission represents an offer to purchase the specified items from the Restaurant Partner. A binding contract for the sale of goods is formed directly between the Diner and the Restaurant Partner when the order is accepted by the restaurant kitchen or displayed on the KDS. DineBuddy acts solely as a technological communication platform and payment facilitator; DineBuddy is not a party to the underlying contract of sale.

7.2 Pricing, Surcharges & Taxes

All prices listed on the digital menu are established exclusively by the Restaurant Partner. Prices are subject to change at any time without prior notice prior to order confirmation. Bills may include: (a) base item prices; (b) mandatory statutory taxes (CGST, SGST, IGST, or VAT); (c) restaurant service charges where levied by the establishment in compliance with guidelines issued by the Central Consumer Protection Authority (CCPA); and (d) any applicable platform convenience or technology fees clearly itemized prior to checkout.

7.3 Authorized Payment Gateways & Payment Methods

DineBuddy integrates with Reserve Bank of India (RBI) compliant third-party payment aggregators and payment gateways (including Razorpay, Cashfree, Stripe, PayU, and Paytm) to process payments. Diners may settle bills using Unified Payments Interface (UPI via Google Pay, PhonePe, Paytm, BHIM, CRED), Credit/Debit cards (Visa, Mastercard, RuPay, American Express), Net Banking across major Indian commercial banks, approved digital wallets, or offline cash/card payments at the restaurant billing counter where permitted by the establishment.

7.4 Split Payments & Group Billing Liability

Where enabled by the Restaurant Partner, DineBuddy may offer a bill-splitting feature allowing diners seated at the same table to pay for individual items, split the total bill equally, or contribute customized sums. In all cases, the diners seated at that table remain jointly and severally liable to the Restaurant Partner for the entire bill amount until 100% of the total bill is fully settled and confirmed by the payment gateway or restaurant cashier.

7.5 Refund Policy & Cancellation Windows

Because food and beverages are prepared to order and are perishable in nature, refund requests are governed by the following parameters: (a) once a kitchen accepts an order, cancellations are solely at the discretion of the restaurant manager; (b) if a restaurant partner fails to fulfill an order due to stock outages or kitchen closure, a full refund will be processed through the original payment method; (c) claims regarding food quality, wrong items, or missing portions must be raised with the restaurant management immediately during the dining session; (d) approved refunds are transmitted to the payment gateway within 24 to 48 hours and typically credit to the diner's source account within 5 to 7 Indian banking business days. Platform convenience fees, if any, are non-refundable.

7.6 Disputed Transactions & Chargebacks

In the event of an erroneous double debit, technical payment failure, or disputed charge, the Diner must notify DineBuddy support within forty-eight (48) hours with valid transaction reference numbers (UTR, Bank Reference). Initiating fraudulent chargebacks with banks while having consumed food is strictly prohibited and constitutes an offense under the law.

8. Proprietary Intellectual Property Rights

All elements of the Platform, including software, design, branding, and technical assets, are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of India and international treaties.

8.1 Exclusive DineBuddy Ownership

DineBuddy Technologies Private Limited (or its licensors) retains sole, exclusive, and unencumbered ownership of all right, title, and interest in and to the Platform, including: (a) all source code, object code, software architectures, databases, APIs, algorithms, and microservices; (b) all graphical user interfaces (GUI), visual layouts, color palettes, animations, and icons; (c) the DineBuddy brand name, trademarks, wordmarks, service marks, logos, slogans, and trade dress; (d) all documentation, specifications, training materials, and manuals; and (e) all machine learning models, algorithmic prompts, embeddings, and weights developed by or for DineBuddy.

8.2 Limited License Grant to Users

Subject to your continuous, strict compliance with these Terms, DineBuddy grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Platform solely for: (a) in the case of Diners, browsing menus, utilizing the AI Waiter, placing orders, and settling bills for personal dining; or (b) in the case of Restaurant Partners, operating the KDS, managing digital menus, analyzing performance, and fulfilling customer orders during the active subscription term.

8.3 Strict Prohibitions & Technical Restrictions

Except as expressly authorized in writing by DineBuddy, you agree that you shall NOT, directly or indirectly:

• Decompile, disassemble, reverse engineer, decrypt, extract, or attempt to derive the source code or underlying algorithms of the Platform or any part thereof;
• Scrape, crawl, spider, harvest, index, or use automated scrapers, bots, or scripts to copy data, menus, prices, or analytics from the Platform;
• Rent, lease, lend, sell, sublicense, distribute, assign, white-label, or commercially exploit the Platform or provide software-as-a-service (SaaS) access to unauthorized third parties;
• Modify, translate, adapt, alter, or create derivative works based upon the Platform or any DineBuddy IP;
• Circumvent, bypass, disable, probe, or tamper with any digital rights management (DRM), authentication tokens, QR encryption, or security features protecting the Platform;
• Remove, obscure, alter, or deface any copyright notices, trademark symbols, watermarks, or proprietary legends appearing on or within the Platform.

8.4 User Content & Media License Grant to DineBuddy

When a Restaurant Partner or Diner submits, uploads, or displays User Content (such as food photographs, menu item descriptions, restaurant branding, reviews, ratings, or suggestions) on the Platform, you grant DineBuddy a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable, non-exclusive license to host, store, cache, reproduce, modify, adapt, publish, translate, publicly display, distribute, and analyze such content across our digital channels, promotional campaigns, and AI model training datasets. You warrant that you own or possess all necessary licenses, rights, consents, and permissions to publish and grant such rights to your User Content.

8.5 Copyright Infringement & Takedown Procedure

DineBuddy respects the intellectual property rights of others. If you believe that any content hosted on the Platform infringes your copyright or trademark under the Copyright Act, 1957, or the Trade Marks Act, 1999, please submit a written notice containing detailed ownership proof and the specific URL/location to our designated Grievance Officer at legal@dinebuddy.in.

9. Prohibited Conduct & Platform Integrity

To maintain the integrity, security, and lawful operation of DineBuddy, all Users agree to adhere strictly to established standards of digital conduct. Engaging in any of the following prohibited behaviors constitutes a material breach of this Agreement and may lead to immediate account termination, civil claims, and criminal referral:

• Fraudulent Transactions: Using stolen credit or debit cards, unauthorized bank accounts, compromised UPI handles, or fraudulent credentials to place orders or process payments;
• System Tampering & Hacking: Launching Denial of Service (DoS/DDoS) attacks, injecting SQL queries, executing cross-site scripting (XSS), transmitting viruses, worms, trojans, ransomware, or logic bombs, or exploiting API endpoints;
• QR Code Sabotage: Altering, defacing, replacing, or covering physical DineBuddy QR codes on restaurant tables with malicious URLs, phishing portals, or competing codes—an act that constitutes criminal mischief and computer contamination under Section 43 and Section 66 of the Information Technology Act, 2000;
• Fake & Malicious Orders: Submitting fake, test, or malicious orders with no intention of consuming or paying for the food, or generating bot-driven order queues to disrupt restaurant kitchen operations;
• Review Extortion & Defamation: Posting fabricated, defamatory, blackmail-motivated, or competitor-financed negative reviews or ratings against restaurant partners;
• Identity Impersonation: Falsely claiming to be a DineBuddy executive, employee, restaurant owner, chef, health inspector, or another diner;
• Harassment & Hate Speech: Sending abusive, threatening, obscene, sexually explicit, casteist, communal, or defamatory messages through the AI Waiter chat, order customization fields, or feedback forms;
• Circumvention of Fees: Engaging in collusion between diners and restaurant partners to bypass prescribed platform transaction tracking or contractual Service Fees;
• Data Extraction & Competitive Intelligence: Using automated scripts to monitor pricing, reverse-engineer merchant analytics, or replicate DineBuddy features for commercial rivalry.

10. Content & User-Generated Content Policies

DineBuddy allows Restaurant Partners to publish culinary listings and Diners to submit reviews, ratings, and feedback. The following standards govern all user-submitted material.

10.1 Authenticity of Ratings and Reviews

Reviews and ratings must reflect genuine, first-hand dining experiences conducted at the respective restaurant. Users shall not submit reviews in exchange for financial compensation, free meals, discounts, or other commercial inducements. Restaurant Partners are strictly forbidden from writing self-promoting reviews, mandating staff to post five-star ratings, or commissioning negative reviews against competitors.

10.2 Merchant Media Standards

Restaurant Partners warrant that all food images, logos, promotional banners, and visual assets uploaded to their digital menus depict the actual culinary items served at their establishment, or are appropriately licensed stock photographs that do not materially mislead consumers regarding portion sizes, ingredients, or presentation.

10.3 Discretionary Content Moderation & Removal

While DineBuddy operates as an intermediary and is not legally obligated to pre-screen all User Content, we reserve the right (without assuming liability) to monitor, review, edit, reject, hide, or permanently delete any User Content that we determine, in our sole discretion, violates these Terms, infringes intellectual property, contains profanity, or threatens public order.

10.4 Intermediary Status & Statutory Safe Harbor

DineBuddy is an "intermediary" as defined under Section 2(1)(w) of the Information Technology Act, 2000. Pursuant to Section 79 of the Information Technology Act, 2000, DineBuddy enjoys full statutory immunity from liability for third-party information, data, communications, reviews, or menu listings made available on the Platform, provided that DineBuddy observes statutory due diligence and acts expeditiously upon receiving actual knowledge of unlawful content.

11. Privacy, Data Protection & Regulatory Compliance

Your privacy and data security are paramount. Our processing of personal data is governed by our comprehensive Privacy Policy, which is fully incorporated into these Terms by reference.

11.1 DPDP Act, 2023 Compliance Framework

DineBuddy collects and processes personal data in strict compliance with the provisions of the Digital Personal Data Protection Act, 2023 (DPDP Act) of India. When Diners utilize the Platform, DineBuddy acts primarily as aData Fiduciary regarding platform account credentials and transactional audit logs, and acts as aData Processor on behalf of Restaurant Partners regarding kitchen fulfillment details and table routing tokens.

11.2 Lawful Consent & Data Processing

By using our Services, scanning QR codes, or providing your phone number for OTP verification, you give free, specific, informed, unconditional, and unambiguous consent to DineBuddy to process your personal data for: (a) order transmission and kitchen fulfillment; (b) electronic receipt generation and payment tracking; (c) customer support and dispute resolution; (d) personalized AI Waiter recommendations (subject to your opt-out rights); and (e) compliance with statutory tax, audit, and legal mandates.

11.3 Cross-Border Data Storage & Cloud Infrastructure

DineBuddy operates primarily in India and utilizes enterprise-grade cloud data centers, virtual private networks, and encrypted databases (such as Amazon Web Services, Google Cloud, or Microsoft Azure) located in India and internationally recognized compliant regions. All data transfers comply with statutory cross-border data transfer guidelines promulgated under Applicable Law.

12. Third-Party Services, Gateways & Integrations

The Platform may integrate with, rely upon, or link to third-party services, software libraries, and external service providers.

12.1 Independent Payment Gateways

Electronic payment transactions are processed through independent, RBI-regulated payment aggregators and banking institutions. DineBuddy does not store full credit card numbers, debit card CVVs, or net banking passwords. Your use of third-party payment gateways is governed by their respective terms of service and privacy policies. DineBuddy is not responsible for payment gateway outages, bank-level OTP delays, or technical errors occurring within banking networks.

12.2 Telecommunications, Maps & Infrastructure

The Platform relies on telecommunication providers for SMS OTP delivery (such as Twilio or local telecom aggregators) and mapping/geocoding services. DineBuddy does not warrant the continuous availability or uncompromised latency of third-party telecom pipes, SMS gateways, or cellular internet connectivity at a dining venue.

12.3 External Links & Third-Party Content

The Platform may contain hyperlinks to external websites, social media profiles, or third-party promotional pages. DineBuddy does not endorse, control, verify, or assume any responsibility for the content, privacy practices, or terms of any external website. Accessing third-party resources is entirely at your own risk.

13. Service Availability, Uptime & System Modifications

While DineBuddy strives to deliver high platform reliability and minimal latency, continuous uninterrupted availability is not guaranteed.

13.1 Platform Availability & Uptime Disclaimers

The Platform is provided on a commercially reasonable efforts basis. DineBuddy does not guarantee 100% uptime, error-free functioning, or immediate recovery from cloud outages. Service availability may be impacted by server reboots, internet backbone outages, localized cellular congestion within basements or concrete restaurant buildings, and hardware failures at the restaurant premises.

13.2 System Maintenance & Upgrades

DineBuddy reserves the right to perform scheduled and emergency maintenance, software patching, database re-indexing, and feature updates at any time. When feasible, scheduled maintenance will be conducted during off-peak dining hours. DineBuddy shall not be liable for any temporary disruption or lost orders occurring during necessary maintenance intervals.

13.3 Modifications to Features & Platform Architecture

DineBuddy reserves the continuous right to modify, enhance, update, adjust, deprecate, or permanently discontinue any feature, functionality, layout, AI capability, KDS interface, or reporting module of the Platform at any time without prior liability to any User.

13.4 Force Majeure

DineBuddy shall not be held liable or deemed in default for any delay, failure in performance, or interruption of Services resulting directly or indirectly from acts of God, civil commotion, war, terrorism, riots, pandemics, epidemics, lockdowns, statutory curfews, localized fires, floods, earthquakes, power grid blackouts, telecommunication cable cuts, cyber warfare, national internet filtering, or any other cause beyond our reasonable control.

14. Limitation of Liability & Consequential Damages Waiver

PLEASE READ THIS SECTION WITH EXTRAORDINARY CARE AS IT DEFINES AND LIMITS THE TOTAL FINANCIAL AND LEGAL LIABILITY OF DINEBUDDY TECHNOLOGIES PRIVATE LIMITED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.

14.1 Maximum Extent Permitted by Law

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE INDIAN LAW, IN NO EVENT SHALL DINEBUDDY, ITS FOUNDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARENT ENTITIES, LICENSORS, OR TECHNOLOGY PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF CULINARY INVENTORY, LOSS OF DATA, COMPUTER MALFUNCTION, SYSTEM DOWNTIME, OR REPUTATIONAL HARM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM, EVEN IF DINEBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Absolute Cumulative Liability Cap

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR ANY SEPARATE ORDER FORM, THE TOTAL CUMULATIVE, AGGREGATE LIABILITY OF DINEBUDDY TO YOU (WHETHER A DINER, RESTAURANT PARTNER, OR VISITOR) FOR ALL CLAIMS, DISPUTES, SUITS, INJURIES, OR CAUSES OF ACTION OF EVERY KIND (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY DUTY, OR RESTITUTION) ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE STRICTLY LIMITED TO AND SHALL NOT EXCEED: (A) FOR A DINER, THE TOTAL AMOUNT PAID BY SUCH DINER VIA DINEBUDDY FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM, OR ₹1,000 (ONE THOUSAND INDIAN RUPEES), WHICHEVER IS LESS; OR (B) FOR A RESTAURANT PARTNER, THE TOTAL SERVICE FEES ACTUALLY RECEIVED BY DINEBUDDY FROM SUCH RESTAURANT PARTNER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO LIABILITY, OR ₹10,000 (TEN THOUSAND INDIAN RUPEES), WHICHEVER IS LESS.

14.3 Absolute Exclusion for Food Safety, Preparation & Physical Injury

DINEBUDDY IS SOLELY A SOFTWARE INTERMEDIARY AND TECHNOLOGY PLATFORM. DINEBUDDY DOES NOT OWN, MANAGE, FRANCHISE, INSPECT, OR OPERATE ANY RESTAURANT PREMISES, NOR DOES IT PREPARE, COOK, HANDLE, INSPECT, OR STORE FOOD. DINEBUDDY EXPRESSLY DISCLAIMS AND SHALL BEAR ABSOLUTELY ZERO LIABILITY FOR ANY FOOD POISONING, ALLERGIC REACTIONS, PHYSICAL INJURIES, ILLNESSES, FOREIGN CONTAMINANTS, CHOKING HAZARDS, UNDERCOOKED MEAT, HYGIENE BREACHES, SLIP-AND-FALL ACCIDENTS, OR PROPERTY DAMAGE OCCURRING AT OR IN CONNECTION WITH ANY RESTAURANT PARTNER. ALL SUCH LIABILITIES REST EXCLUSIVELY WITH THE RESPECTIVE RESTAURANT PARTNER.

14.4 Absolute Exclusion for AI Waiter Suggestions

DINEBUDDY DISCLAIMS ALL LIABILITY FOR ANY DECISIONS MADE OR ORDERS PLACED IN RELIANCE UPON THE AI WAITER ASSISTANT. YOU ASSUME ALL RISKS ASSOCIATED WITH SUBJECTIVE TASTE DISAPPOINTMENT, FLAVOR COMBINATIONS, PORTION MISCALCULATIONS, OR DIETARY INCOMPATIBILITIES.

15. Indemnification & Defense Obligations

You agree to defend, indemnify, and hold harmless DineBuddy Technologies Private Limited, its parent company, subsidiaries, affiliates, directors, officers, employees, contractors, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, regulatory fines, and legal fees (including reasonable advocates' fees) arising out of or directly or indirectly related to:

• Your access to or use of the Platform, Services, QR codes, KDS, or digital menus;
• Your violation or breach of any covenant, representation, warranty, or condition in these Terms;
• Your violation of any Applicable Law, statutory regulation, or third-party rights, including intellectual property, privacy, or proprietary rights;
• Any User Content uploaded, submitted, or shared by you through the Platform, including defamatory reviews, infringing images, or false pricing;
• In the case of Restaurant Partners: (a) any foodborne illness, adulteration, foreign object, hygiene failure, or health inspection sanction relating to your establishment; (b) any failure to obtain, renew, or comply with FSSAI, GST, or trade licenses; (c) any dispute regarding tax collection, GST non-filing, or employee labor practices; or (d) any physical altercation, property loss, or injury taking place on your restaurant premises;
• In the case of Diners: any intentional vandalism of restaurant property, fraudulent chargeback initiated, non-payment of dining bills, or harassment of restaurant staff.

DineBuddy reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with DineBuddy in asserting any available defenses. You shall not settle any claim without the prior written consent of DineBuddy.

16. Disclaimers & No Warranties

YOUR USE OF THE PLATFORM, ITS CONTENT, DIGITAL MENUS, QR CODES, KITCHEN DISPLAY SYSTEMS, AND AI WAITER FEATURES IS AT YOUR SOLE, VOLUNTARY RISK.

16.1 "As Is" and "As Available" Warranty Disclaimer

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL. DINEBUDDY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CULINARY SUITABILITY, TITLE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT.

16.2 No Guarantee of Technical Perfection

DINEBUDDY DOES NOT WARRANT THAT: (A) THE PLATFORM WILL SATISFY YOUR SPECIFIC BUSINESS OR DIETARY REQUIREMENTS; (B) THE PLATFORM WILL OPERATE CONTINUOUSLY, UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE; (C) DEFECTS, BUGS, OR GLITCHES WILL BE PROMPTLY DETECTED OR CORRECTED; OR (D) THE PLATFORM, ITS SERVERS, OR COMMUNICATED EMAILS ARE FREE FROM COMPUTER VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

16.3 Independent Merchant Verification

DineBuddy does not endorse, verify, audit, or certify the hygiene, culinary expertise, moral character, or statutory compliance of any Restaurant Partner. Any transaction, interaction, dining session, or dispute between a Diner and a Restaurant Partner is strictly between those two parties. DineBuddy makes no representations regarding the freshness, authenticity, portion accuracy, or ethical sourcing of any food item prepared by restaurants.

17. Dispute Resolution, Governing Law & Jurisdiction

This Section governs the exclusive mechanism for resolving all disputes, controversies, or claims arising out of or relating to this Agreement or the use of DineBuddy.

17.1 Governing Law

These Terms of Service, all transactions contemplated hereunder, and any non-contractual obligations or claims arising out of or in connection with the Services shall be governed by, interpreted, and construed exclusively in accordance with the substantive and procedural laws of the Republic of India, without regard to conflict of law principles.

17.2 Mandatory Informal Negotiation Period

Prior to commencing any formal legal arbitration or judicial proceedings, the aggrieved party agrees to deliver a formal written Notice of Dispute to the other party setting forth the factual basis of the claim and requested relief. You agree to transmit your notice to legal@dinebuddy.in. The parties shall engage in good-faith amicable discussions for a mandatory period of at least thirty (30) calendar days from receipt of such notice to resolve the dispute cooperatively.

17.3 Binding Arbitration

If a dispute cannot be resolved through informal negotiations within the 30-day period, the dispute shall be finally settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted by a single (sole) arbitrator appointed by mutual consent of the parties, or failing agreement within fifteen (15) days, appointed by the High Court of Delhi. The seat and legal venue of the arbitration shall be New Delhi, India. The arbitration proceedings shall be conducted exclusively in the English language. The arbitral award shall be final, conclusive, and legally binding upon both parties, and may be enforced in any court of competent jurisdiction.

17.4 Exclusive Territorial Jurisdiction

Subject to the arbitration agreement above, and for any matters requiring urgent interim or injunctive relief, the parties agree that the civil courts and tribunals located in New Delhi, India, shall have exclusive territorial and subject-matter jurisdiction, and both parties irrevocably submit to the personal jurisdiction of such courts.

17.5 Class Action & Representative Lawsuit Waiver

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR COMMON LITIGANT IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR OR COURT SHALL HAVE NO AUTHORITY TO CONSOLIDATE OR COMBINE THE CLAIMS OF MULTIPLE USERS.

17.6 Strict One (1) Year Limitation Period

You agree that any claim, grievance, or cause of action arising out of or related to the Services or these Terms must be formally initiated within one (1) year after the underlying cause of action accrued; otherwise, such claim or cause of action shall be permanently and irrevocably barred by law.

18. Term, Suspension & Termination

This Agreement commences upon your first access, scan of a DineBuddy QR code, or registration, and remains in full force and effect until terminated in accordance with this Section.

18.1 Termination by User

A Diner may terminate this Agreement at any time by concluding their active dining session, settling all outstanding bills in full, and discontinuing all use of the Platform. A Restaurant Partner may terminate its merchant account in accordance with the specific notice provisions stipulated in its signed partnership agreement or by providing thirty (30) days written notice to legal@dinebuddy.in, subject to settling all accrued Service Fees and fulfilling all pending customer orders.

18.2 Termination by DineBuddy

DineBuddy may immediately suspend or terminate your access to all or part of the Platform without prior notice or liability if: (a) you commit a material breach of these Terms; (b) we reasonably suspect fraudulent, illegal, or unauthorized behavior; (c) your FSSAI or business licenses expire or are revoked; (d) you fail to pay due Service Fees; (e) required by statutory authority, police, or judicial directive; or (f) DineBuddy elects to terminate operational coverage in your geographic area.

18.3 Effect of Termination

Upon termination of this Agreement for any reason: (a) all licenses granted to you by DineBuddy terminate immediately; (b) you must cease all access to the Platform, KDS consoles, and merchant portals; (c) Restaurant Partners must promptly remove physical DineBuddy QR displays from tables; (d) all outstanding payment obligations owed by either party become immediately due and payable; and (e) DineBuddy will retain, archive, or delete transactional data in strict accordance with statutory retention laws and our Privacy Policy.

18.4 Survival of Provisions

The provisions of Sections 2 (Definitions), 4.3 (Sole Liability for Food Safety), 8 (Intellectual Property), 10.4 (Intermediary Safe Harbor), 11 (Privacy), 14 (Limitation of Liability), 15 (Indemnification), 16 (Disclaimers), 17 (Dispute Resolution), 18.3 (Effect of Termination), and 20 (Miscellaneous) shall survive any expiration or termination of this Agreement.

19. Modifications & Amendments to Terms

As our technology evolves and dining regulations develop, DineBuddy reserves the continuous right to amend, modify, or replace these Terms of Service at its sole discretion.

19.1 Notice of Changes

When modifications are made, we will update the "Last Updated" date at the top of this document. For material changes that substantially alter the rights or financial obligations of Restaurant Partners, we will endeavor to provide reasonable advance notice via administrative portal alerts, in-app notifications, or email communications to the registered primary contact.

19.2 Continued Usage as Deemed Assent

Your continued access or use of the Services following the posting of amended Terms constitutes your full, unconditional acceptance of the revised Terms. If any modification is unacceptable to you, your sole and exclusive remedy is to immediately discontinue all use of the Platform and close your account.

20. Miscellaneous & General Legal Provisions

The following general provisions establish the contractual framework governing these Terms:

• Entire Agreement: These Terms, together with our Privacy Policy, applicable merchant onboarding schedules, and any written enterprise addenda, constitute the entire, integrated understanding between you and DineBuddy regarding the Services and supersede all prior or contemporaneous negotiations, representations, or understandings, whether oral or written.
• Severability: If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be illegal, invalid, or unenforceable under Applicable Law, such provision shall be severed or modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
• Non-Waiver: No failure, omission, or delay by DineBuddy in exercising any legal right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of any right, remedy, or power under law or equity.
• Assignment: You may not assign, transfer, delegate, or sub-contract your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of DineBuddy. DineBuddy may freely assign, transfer, or novate its rights and obligations under this Agreement to any affiliate, subsidiary, or successor in connection with a merger, acquisition, corporate reorganization, or sale of assets.
• No Third-Party Beneficiaries: Except as expressly provided regarding indemnified parties in Section 15, these Terms do not confer any rights, remedies, or legal standing upon any person or entity other than the parties hereto and their respective authorized successors and permitted assigns.
• Headings & Interpretation:Section titles, headings, and sub-headings in these Terms are inserted for convenience of reference only and shall not limit, affect, or govern the legal construction or interpretation of any clause herein. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation."
• Governing Language: These Terms have been drafted and executed in the English language. If any translated version is prepared for convenience or promotional use, the English language version shall control and govern in the event of any linguistic divergence or ambiguity.

21. Contact Information & Grievance Redressal

In compliance with the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the name and contact details of our designated Grievance Officer and Legal Team are set forth below: