Legal
Terms of service.
The agreement for the website, the free trial and the subscription. Written to be read once and relied on, not to be got past.
1. Who these terms are between
1.1 These terms are an agreement between The Hungry Inc. Global L.L.C-FZ, a free zone limited liability company licensed by the Meydan Free Zone, Dubai, under licence number 2649234.01, whose registered address is Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates (delEat, we, us) and the business that uses the Service (you, the Customer).
1.2 They apply from the moment you start a trial, place an order or otherwise use the Service, whichever happens first. If you are accepting on behalf of a company, you confirm that you are authorised to bind it.
1.3 Where a signed order form or subscription agreement says something different, that document wins over this page for the subject it covers, and these terms fill in everything it does not.
2. Definitions
In these terms:
- Service means the delEat point of sale and the modules around it, the local print agent, and this website.
- Outlet means one trading location, with as many tills, screens and handhelds as it needs.
- Customer Data means everything you or your people put into the Service, and everything the Service records for you: orders, payments, menus, recipes, stock, expenses, staff records, guest records and the reports built on them.
- Trial means the thirty day free period described in clause 4.
- Subscription Term means the period you have paid for: a month, a year or two years.
- Provider means a payment provider, delivery platform or other third party you connect to the Service.
3. The Service
3.1 delEat is restaurant software sold as a subscription per Outlet. The till, the kitchen screens, the dashboard and every staff screen run in a browser. The only thing installed on your own hardware is the optional local print agent for macOS and Windows, which drives network, USB and Bluetooth printers.
3.2 We may add to the Service, change how part of it works, and retire a part of it. Where a change removes something you rely on, we will give you reasonable notice and, where we can, a way to do the same thing differently.
3.3 delEat is not a payment service provider, a gateway, a facilitator, a wallet or a financial institution, and is not licensed as one. Your money never passes through us. Payments and settlement sets that out in full and forms part of these terms.
3.4 Nothing in the Service is legal, tax or regulatory advice. The compliance, payroll, VAT and safety modules are tracking and reminder tools built to your own operating rhythm. delEat is not approved by, endorsed by, affiliated with or acting on behalf of any authority.
4. The free trial
4.1 The Trial runs for thirty days from the day the account is created. Every module is switched on. No card is required to start it and none is taken.
4.2 There is no automatic conversion and no automatic charge. Nothing begins at the end of the Trial unless you choose a plan.
4.3 If you choose a plan, the Subscription Term begins and clause 5 applies. If you do not, the modules outside the core point of sale switch off and nothing is charged. You can choose a plan at any time, or close the account under clause 15.4. Every report exports to CSV, which is what makes leaving an afternoon rather than a project.
5. Plans, fees and payment
5.1 Plans are priced per Outlet per month: Tab at AED 149, Shift at AED 429 and Command at AED 719 on a 2-year term, AED 169, AED 479 and AED 799 when billed yearly, and AED 199, AED 579 and AED 949 when billed monthly. A yearly plan is paid twelve months up front. A 2-year plan is paid twenty-four months up front, and its price is fixed for the term. Modules are priced per Outlet per month on the pricing page and take the same discount, on each term, as the plan they are added to. Kitchen screens beyond two per Outlet, and kiosks beyond one, are charged per device at the rates shown in the Service. Enterprise starts at twenty Outlets and is quoted. Prices are in AED. VAT is added only once we are registered for it, and is then shown on the invoice.
5.2 The price is per Outlet, not per till. You may put a till on every counter and a handheld on the floor without the invoice moving. Kitchen screens and kiosks beyond the number your plan includes are charged per device under clause 5.1.
5.3 delEat charges no percentage of your sales, no per-transaction fee and no processing fee on any plan, and adds nothing to what your Provider charges you.
5.4 Fees are payable for the Subscription Term you choose. Adding an Outlet adds its fee from the date it starts trading on the Service.
5.5 Any figure on our pricing page that describes a third party's rates, including aggregator commission bands and gateway rates, is an illustration of a market band and not a quotation.
5.6 Your subscription renews automatically at the end of each Subscription Term, for a term of the same length, at the price then shown in the Service for your plan, Outlets and devices, until you cancel. The Service shows the renewal date and price beside your plan, and again on the checkout before you commit.
5.7 You can cancel at any time in the Service, under Setup, Subscription, without contacting us. Cancelling stops the next renewal. The Service keeps working until the end of the Subscription Term you have paid for, and clause 15.4 applies from then. You can withdraw a cancellation until that day.
5.8 Fees paid for a Subscription Term are not refunded if you cancel or close the account part-way through it, except as clause 16.2 provides. A change to a more expensive plan takes effect at once and credits the unused part of the current term. A change to a cheaper plan takes effect at the end of it.
5.9 An invoice is due when it is issued. If it is still unpaid five days later we may suspend the Service under clause 15.3 until it is paid.
6. Accounts, people and permissions
6.1 You decide who on your team has an account, what role they hold and what that role may see. Permissions are checked on the server, not on the screen.
6.2 You are responsible for what is done under your accounts, for keeping PINs and credentials to the people they belong to, and for removing access when somebody leaves. The Service throttles sign-in attempts and keeps an audit log of what was changed and by whom.
6.3 Tell us promptly if you believe an account has been used by somebody who should not have it.
6.4 The person who accepts these terms for you confirms that they are at least 21 years old and authorised to bind the business. The Service asks your owner to confirm this, and keeps a record of the acceptance, when the account is first used and whenever these terms change materially.
7. Acceptable use
7.1 Use the Service for your own restaurant business, lawfully, and in line with these terms.
7.2 Do not: resell, sublicense or provide the Service to a third party as a service of your own, unless we have agreed that in writing; copy, decompile or reverse engineer it, except to the extent the law says you may; probe, scan or attack its security, or try to reach data that is not yours; upload anything unlawful, or anything designed to damage the Service or another user; use it to send unsolicited messages in breach of UAE law; or remove or obscure any notice of ownership on it.
7.3 You are responsible for the lawfulness of what you put into the Service, including your right to hold and use guest and staff personal data, and for issuing the notices and taking the consents that Federal Decree-Law No. 45 of 2021 requires of you.
7.4 Where a breach of this clause threatens the Service or another customer, we may suspend the account at once and tell you why. Otherwise we will ask you to put it right first.
8. Your data stays yours
8.1 Customer Data is yours. We claim no ownership of it and acquire no right to sell it, license it or use it for anything other than running the Service for you.
8.2 You are the controller of the personal data in your installation and we are your processor. We act on your instructions, keep it confidential, hold it under the safeguards described in our Privacy policy, and use the sub-processors named there.
8.3 We use aggregated, de-identified information about how the Service is used to operate and improve it. That information cannot identify you, your staff or your guests.
8.4 You can export from the Service at any time. Every one of the reports exports to CSV.
8.5 Backups are taken nightly and can be restored. A backup is not a substitute for your own export, and you should take one before anything irreversible.
9. Providers and platforms
9.1 Where you connect a payment provider, a delivery platform or another third party, that relationship is yours. Their terms, their rates and their settlement timetable apply to it, and we are not a party to it.
9.2 The Service carries that connection: it sends an amount to a terminal and reads the result back, ingests orders from platforms through the aggregator bridge, pushes menus and availability out, and reconciles the statements those parties issue against your own record. It moves no money and decides no dispute.
9.3 We are not responsible for a Provider's own availability, pricing, decisions or errors. Where a Provider changes an interface we depend on, we will adapt the Service as quickly as is reasonable.
10. Availability and support
10.1 We work to keep the Service available and to fix what breaks quickly. Because it runs in a browser, a fix reaches you without an update to install.
10.2 We publish no uptime figure and give no availability guarantee on the Tab, Shift or Command plans. An Enterprise agreement may set one, and where it does that document governs.
10.3 Support is as described on Support: live chat with a person, twenty four hours a day, seven days a week, from Dubai, on every plan. Onboarding includes menu loading, printer configuration and staff training. Migration from Sapaad or a CSV, and from Foodics, Square or Lightspeed on request, comes with a map, a preview, a dry run and a rollback.
10.4 Offline mode computes order state, totals and the printed slip on the device, and the queue drains when the connection returns. It is a resilience feature, not a promise that your network, your hardware or your electricity will hold.
11. Intellectual property
11.1 The Service, its software, its design, its documentation and the delEat name and marks belong to us and to our licensors. You get a non-exclusive, non-transferable right to use the Service for your own business during the Subscription Term, and nothing more.
11.2 If you send us an idea, a request or feedback, we may use it to improve the Service without owing you anything for it. You do not lose any right you have in your own materials by doing so.
11.3 Third-party components used in the Service are listed with their licences in our own records and are used under those licences.
12. Confidentiality
12.1 Each of us may learn things about the other that are not public: your trading figures, our pricing on a quoted plan, either side's technical or commercial detail. Each of us will keep the other's confidential information confidential, use it only for this agreement, and disclose it only to people who need it and are under the same duty.
12.2 This does not apply to information that is public without a breach, was already known, is independently developed, or must be disclosed by law or to a court or authority, in which case the disclosing party will tell the other where it is permitted to.
13. Warranties
13.1 We warrant that we will provide the Service with reasonable skill and care, and that we have the right to provide it to you.
13.2 Beyond that, and to the extent the law allows, the Service is provided as it is. We do not warrant that it will be uninterrupted or error free, that it will meet a requirement we have not agreed in writing, or that a result produced from your own data will be accurate if the data is not.
13.3 Figures the Service produces for tax, payroll or compliance are calculated from what you configure and record. A VAT position in the Service is an indication, not a filed return. A salary file follows the MOHRE field layout, and some banks and exchange houses supply their own template, so the first file should be checked with your bank. A payslip is not a salary file. Every compliance interval in the Service is a default you can change and is not a period any authority set.
14. Liability
14.1 Neither of us excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be excluded under UAE law.
14.2 Neither of us is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, or for indirect or consequential loss, however it arises.
14.3 Our total liability arising out of or in connection with this agreement in any twelve month period is limited to the fees you paid us for the Service in the twelve months before the event that gave rise to the claim.
14.4 Nothing in this clause limits your obligation to pay the fees.
15. Term, suspension and termination
15.1 This agreement starts when your owner accepts it in the Service. It continues until the subscription ends under clause 5.7, the account is closed under clause 15.4, or either of us terminates it under clause 15.2.
15.2 Either of us may terminate if the other commits a material breach and does not put it right within thirty days of written notice, or if the other becomes insolvent or stops trading.
15.3 We may suspend the Service where clause 7.4 applies, or where fees remain unpaid after we have asked for them and given you a reasonable chance to pay. We will restore it as soon as the cause is resolved.
15.4 You can close the account at any time in the Service, under Setup, Subscription. Closing ends access the same day. When a subscription ends, whether by cancellation, closure or termination, the account stays available read-only for thirty days so that you can export your Customer Data. Nothing can be recorded or changed in that time, and choosing a plan within it restores the account. After the thirty days we delete the Customer Data and the files uploaded with it. We keep only our own record of the subscription, our invoices to you and your acceptance of these terms, for as long as the law requires, and backups roll off in their ordinary cycle.
15.5 Clauses 8, 11, 12, 13.2, 14, 18, 19 and 20 survive termination.
16. Changes to these terms
16.1 We may change these terms. The revision date at the top of this page moves when we do, and where a change materially affects your rights we will tell you before it takes effect.
16.2 If you do not accept a material change, you may terminate before it takes effect and we will refund the unused part of a Subscription Term you have already paid for.
17. Notices
17.1 A notice under this agreement is given in writing, by email to [email protected] for us and to the address on your account for you, and takes effect when it is received.
17.2 A notice terminating this agreement or alleging a material breach must also be sent to our registered address.
18. If something goes wrong between us
18.1 Before either of us starts proceedings, we will each raise the matter in writing and discuss it in good faith, through people with authority to settle it, for thirty days from the date of that notice.
18.2 If it is not resolved in that period, either of us may take it to the courts under clause 19. Nothing in this clause prevents either of us from applying to a court at any time for an urgent interim remedy, including to stop a breach of confidentiality or of intellectual property.
19. Governing law and jurisdiction
19.1 This agreement, and any dispute or claim arising out of it or its subject matter, is governed by the federal law of the United Arab Emirates as applied in the Emirate of Dubai.
19.2 The Courts of Dubai have exclusive jurisdiction to settle any such dispute or claim, subject to clause 18.
20. General
20.1 Entire agreement. These terms, together with any order form, the Privacy policy and Payments and settlement, are the whole of what is agreed between us on this subject, and replace anything said before it.
20.2 Assignment. You may not assign or transfer this agreement without our written consent, which we will not unreasonably withhold, except to a company that acquires your business. We may assign or novate this agreement, in whole or in part, to a member of our own group, to a successor entity, or to a party that acquires the delEat business, without needing your further consent, and you consent now to such a transfer. We will tell you when it happens.
20.3 Subcontracting. We may use subcontractors and sub-processors to provide the Service, and we remain responsible to you for what they do.
20.4 Force majeure. Neither of us is in breach because of an event beyond its reasonable control, including an act of government, a failure of a public telecommunications or electricity network, or an act of God. The affected party will tell the other and do what it reasonably can to reduce the effect.
20.5 Severability. If a clause is found unenforceable, the rest stands and the clause is read down to the minimum extent needed to make it enforceable.
20.6 No waiver. Not enforcing a right once does not waive it.
20.7 No partnership. Nothing here makes either of us the other's agent, partner or employee.
20.8 Electronic signature. This agreement may be accepted and signed electronically and in counterparts, each of which is an original, under Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services.
20.9 Language. These terms are written in English. If they are translated and the versions differ, the English version governs, except where UAE law requires otherwise before a court.