Last Updated: November 26, 2024
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DineLogic.ai and its affiliates ("DineLogic," "we," "us," or "our") governing your access to and use of the DineLogic platform, website, mobile applications, and all related services (collectively, the "Services").
BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, OR CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
DineLogic reserves the absolute right to modify, amend, or replace these Terms at any time, in its sole and absolute discretion, without prior notice. All changes are effective immediately upon posting on our website. Your continued use of the Services following any modifications constitutes your binding acceptance of the revised Terms. You are solely responsible for reviewing these Terms periodically for updates.
BY USING THE SERVICES, YOU EXPRESSLY AND IRREVOCABLY ACKNOWLEDGE AND AGREE THAT DINELOGIC OWNS ALL RIGHT, TITLE, AND INTEREST IN AND TO ALL DATA SUBMITTED, UPLOADED, TRANSMITTED, OR GENERATED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO:
You hereby grant to DineLogic a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit all data in any manner whatsoever, for any purpose, commercial or otherwise, without compensation, attribution, or further consent from you.
To the fullest extent permitted by law, you hereby irrevocably assign, transfer, and convey to DineLogic all ownership rights, including all intellectual property rights, in and to all data, and waive any moral rights, publicity rights, or other rights you may have in such data.
BY USING THE SERVICES, YOU EXPRESSLY OPT IN AND AFFIRMATIVELY CONSENT TO DINELOGIC'S COLLECTION, USE, STORAGE, PROCESSING, SHARING, AND OWNERSHIP OF ALL DATA AS DESCRIBED IN THESE TERMS AND THE PRIVACY POLICY. This opt-in consent is a material condition of your use of the Services and cannot be withdrawn except by ceasing all use of the Services and requesting data deletion as provided in Section 3.4.
Notwithstanding DineLogic's ownership of all data, you may request deletion of your personal data by sending an email to privacy@dinelogic.ai. DineLogic will review and process deletion requests within a reasonable timeframe in accordance with applicable law, subject to legal and operational retention requirements. Deletion does not affect: (i) data that has been anonymized, aggregated, or de-identified; (ii) derivative works or analytics; (iii) data required for legal compliance or dispute resolution; or (iv) backup copies retained in accordance with our data retention policies.
You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree not to engage in any of the following prohibited activities:
The Services and all content, features, functionality, software, code, designs, graphics, logos, trademarks, and other materials contained therein (collectively, "DineLogic IP") are owned exclusively by DineLogic and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Services or DineLogic IP without our prior written consent.
The Services may integrate with or link to third-party services, platforms, or websites (e.g., Google, Yelp, Twilio, Resend, payment processors). DineLogic does not control and is not responsible for the availability, content, privacy practices, or policies of such third-party services.
Your use of third-party services is governed by their respective terms and policies. DineLogic expressly disclaims all liability arising from your use of third-party services.
Certain features of the Services may require payment of fees. All fees are non-refundable unless expressly stated otherwise in writing. You agree to pay all applicable fees in accordance with the pricing and payment terms presented to you.
DineLogic reserves the right to modify pricing at any time, with or without notice. Your continued use of the Services following a price change constitutes acceptance of the new pricing.
You are responsible for all taxes, fees, and charges imposed by any governmental authority in connection with your use of the Services.
DineLogic reserves the right to suspend, terminate, or restrict your access to the Services, in whole or in part, at any time, for any reason or no reason, without prior notice or liability. Grounds for termination may include, but are not limited to, violation of these Terms, non-payment of fees, fraudulent activity, or conduct that we deem harmful to the Services or other users.
You may terminate your account at any time by ceasing use of the Services and contacting us at support@dinelogic.ai. Termination does not relieve you of any obligations incurred prior to termination.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. DineLogic's ownership of all data shall continue indefinitely following termination.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DINELOGIC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DINELOGIC OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DINELOGIC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF DINELOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL DINELOGIC'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DINELOGIC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100 USD).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, DINELOGIC'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DINELOGIC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO: (a) your use of or inability to use the Services; (b) your violation of these Terms; (c) your violation of any rights of any third party; (d) any data or content you submit, upload, or transmit through the Services; or (e) any negligent or wrongful conduct by you. DineLogic reserves the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense.
YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration provider. The arbitrator's decision shall be final and binding.
YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
These Terms, together with our Privacy Policy and any other legal notices or policies published by DineLogic, constitute the entire agreement between you and DineLogic concerning the Services and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and DineLogic's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or your rights hereunder without DineLogic's prior written consent. DineLogic may freely assign or transfer these Terms without restriction.
DineLogic shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
For questions or concerns regarding these Terms, please contact us at:
BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.