Terms of Service
Last updated: January 1, 2025
Welcome to FinixoDine. These Terms of Service ("Terms") govern your access to and use of our restaurant POS software, website, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
Please read these Terms carefully before using our Services. By using FinixoDine, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Acceptance of Terms
By creating an account, accessing, or using our Services, you agree to these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Description of Services
FinixoDine provides cloud-based restaurant point-of-sale (POS) software and related services, including but not limited to:
- Order management and billing
- Inventory tracking and management
- Kitchen display systems
- Analytics and reporting
- Multi-outlet management
- Customer relationship management
3. Account Registration
To use our Services, you must:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly update any changes to your information
- Be at least 18 years old or have legal authority to enter into contracts
You are responsible for all activities that occur under your account. Notify us immediately if you suspect unauthorized use of your account.
4. Subscription and Payment
Subscription Plans
We offer various subscription plans with different features and pricing. Details of current plans are available on our website. We reserve the right to modify pricing with prior notice.
Billing
- Subscription fees are billed in advance on a monthly or annual basis
- All fees are non-refundable unless otherwise stated
- You authorize us to charge your designated payment method
- Failure to pay may result in suspension or termination of services
Taxes
All fees are exclusive of applicable taxes (including GST). You are responsible for paying all taxes associated with your use of the Services.
5. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Transmit malware, viruses, or harmful code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services
- Resell or redistribute the Services without authorization
- Use the Services to process transactions for illegal goods or services
6. Data and Content
Your Data
You retain ownership of all data you input into the Services ("Your Data"). You grant us a license to use Your Data solely to provide and improve the Services.
Data Backup
While we implement measures to protect Your Data, you are responsible for maintaining your own backups. We are not liable for any loss of data.
7. Intellectual Property
FinixoDine and its licensors own all rights, title, and interest in the Services, including all software, designs, logos, and content. You receive a limited, non-exclusive, non-transferable license to use the Services during your subscription.
You may not:
- Copy, modify, or distribute the Services
- Reverse engineer or decompile any software
- Remove any proprietary notices or labels
- Use our trademarks without written permission
8. Service Availability
We strive to maintain high availability of our Services. However, we do not guarantee uninterrupted access. Services may be temporarily unavailable due to:
- Scheduled maintenance (with advance notice when possible)
- Emergency maintenance or updates
- Factors beyond our reasonable control
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will meet your specific requirements
- The Services will be uninterrupted, timely, secure, or error-free
- Results obtained from the Services will be accurate or reliable
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINIXODINE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless FinixoDine, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
12. Termination
Either party may terminate this agreement at any time. Upon termination:
- Your access to the Services will be disabled
- You may request export of Your Data within 30 days
- We may delete Your Data after 30 days
- All outstanding fees become immediately due
We may suspend or terminate your access immediately if you violate these Terms or engage in fraudulent or illegal activity.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.
14. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes constitutes acceptance of the modified Terms.
15. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and FinixoDine
- Severability: If any provision is found unenforceable, the remaining provisions remain in effect
- Waiver: Failure to enforce any right does not waive that right
- Assignment: You may not assign these Terms without our written consent
16. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: support@finixo.in
- Phone: +91-9315803147