Terms of Service

1. Agreeing to these Terms

By creating a DineHopper account, or by using the Service in any way, you agree to these Terms and to the Privacy Policy, which is part of this agreement. If you are creating an account on behalf of a business, you confirm that you have the authority to bind that business, and "you" in these Terms means that business.

If you do not agree to these Terms, do not create an account or use the Service.

2. What the Service is

DineHopper is a multi-tenant software-as-a-service platform for hospitality and retail venues. Depending on which modules your plan unlocks, the Service may include: bookings and guest CRM, a public booking-ready website for your venue, Café Till and Retail Till point-of-sale, Kitchen Display and kitchen printer routing, QR self-service ordering, Order Automation, Inventory & Ordering, staff rostering, timesheets and wages, gift cards, vouchers, Hopper Rewards, marketing campaigns (Promote), AI Calls (an AI phone assistant for bookings and simple enquiries), and administrative tools for staff, billing, and configuration.

DineHopper may add, change, or retire individual features over time. We will not remove a feature you are actively paying for without reasonable notice, but the Service as a whole is expected to keep evolving.

3. Accounts and eligibility

You must provide accurate information when creating an account, keep your login credentials secure, and are responsible for all activity that happens under your account, including actions taken by staff you invite. Tell us promptly if you believe your account has been compromised.

You must be legally able to enter into this agreement and, if you are a business, authorised to do so on that business's behalf.

4. Free trial

New accounts receive a free trial period (currently 14 days) during which every module is unlocked, with no card required and no plan selected. After the trial ends, an account with no active paid plan drops back to a small set of always-available modules (Dashboard, Team, Billing, Guide, Configure) until an owner chooses a plan on the Billing page. We may change the length or terms of the trial for new signups at any time.

5. Subscription plans and billing

Paid access to the Service is billed on the subscription plan you choose, in advance, on a recurring basis, through Stripe. By subscribing you authorise us to charge your chosen payment method for the plan's fees, plus any usage-based charges your plan discloses, until you cancel.

Fees are generally non-refundable except where required by law or expressly stated otherwise. We may change plan pricing or features going forward with reasonable notice; continuing to use the Service after a price change takes effect means you accept the new price. You can change or cancel your plan at any time from Admin → Billing; cancellation takes effect at the end of the current billing period unless stated otherwise at checkout.

6. Your data and your guests' data

As between you and DineHopper, you own the content and data you put into your DineHopper account — your menu, your guest records, your staff records, your bookings, and everything else you create. You grant DineHopper a licence to host, process, and display that content solely to provide the Service to you.

Where the Service processes information about your guests, customers, or staff (names, contact details, order and booking history, loyalty balances, and similar), DineHopper acts as a service provider processing that data on your instructions, and you remain responsible, as the business collecting it, for having a lawful basis to collect it and for your own privacy obligations to those individuals — including telling them how their information will be used, in line with the Australian Privacy Principles or any other law that applies to your business. DineHopper's own handling of that data is described in the Privacy Policy.

You are responsible for the accuracy of the content you upload (menu items, prices, allergen and dietary information, photos) and for making sure it complies with applicable law, including food labelling and allergen disclosure requirements in your jurisdiction.

7. Acceptable use

You agree not to use the Service to:

• Break any applicable law, including consumer protection, privacy, payments, or food safety law;
• Upload content you don't have the right to use, or that is defamatory, fraudulent, or infringes someone else's rights;
• Attempt to gain unauthorised access to another restaurant's account or data, or to DineHopper's own infrastructure;
• Interfere with or degrade the Service for other tenants, for example through excessive automated requests; or
• Resell or white-label the Service to a third party without our written agreement.

8. Payment processing

Card and other guest-facing payments you take through DineHopper (deposits, gift cards, in-person Café/Retail Till payments, and online orders) are processed through your own Stripe account, connected via Stripe Connect, or through an EFTPOS terminal you have separately arranged (for example via Linkly, mx51, or a supported terminal provider). DineHopper does not receive, store, or process your guests' full card details — that happens directly between the guest, Stripe (or your terminal provider), and the relevant card networks. Funds from those payments settle to your own connected Stripe account or merchant facility, not to DineHopper, and disputes or chargebacks are handled under your agreement with that provider.

Your own subscription fees to DineHopper are billed separately, as described in Section 5.

9. Third-party services

Some DineHopper features work by connecting to services you configure yourself, including (depending on which you turn on) Stripe, Resend (transactional email), Twilio (SMS), OpenAI (the AI Calls voice assistant), Linkly or mx51 (EFTPOS), and point-of-sale or delivery-platform integrations such as Square, Toast, Lightspeed, UberEats, or DoorDash. Each of those services has its own terms and its own privacy practices, and your use of them is governed by your own agreement with that provider, not by these Terms. A feature that depends on one of these services will not work, and will say so plainly, until you (or whoever manages your DineHopper deployment) have set it up.

10. Intellectual property

DineHopper and its licensors own all rights in the Service itself — the software, design, and DineHopper name and marks. Nothing in these Terms transfers any of that to you. You keep all rights in your own content, brand, and data.

11. Availability and support

DineHopper runs on Cloudflare's global network and aims for high availability, but the Service is provided on a best-efforts basis without a guaranteed uptime commitment unless a separate written agreement says otherwise. We may need to take the Service down briefly for maintenance, and will try to do so at low-traffic times and with notice where practical.

Support is provided through the in-app Help Center and the contact details in Section 17.

12. Suspension and termination

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate an account that materially breaches these Terms, that we reasonably believe is being used fraudulently or unlawfully, or that has significantly overdue fees, generally after notice and a reasonable opportunity to fix the issue where the situation allows for it.

13. Your data after the Service ends

If your account is cancelled or terminated, you can export your own data (guest records, timesheets and wages, and other exportable reports the Service supports) before the account closes. We will retain account data for a reasonable period after closure in case you want to reactivate, and will delete or de-identify it thereafter, except where we need to keep it longer for legal, tax, or dispute-resolution reasons.

14. Disclaimers and limitation of liability

The Service is provided "as is" and "as available." To the maximum extent the law allows, DineHopper disclaims all warranties not expressly stated in these Terms, and DineHopper's total liability arising out of or relating to the Service is limited to the fees you paid us in the 3 months before the claim arose. Nothing in these Terms limits any liability that cannot lawfully be limited, including under the Australian Consumer Law where it applies.

DineHopper is not liable for losses caused by a third-party service you connect (Stripe, an EFTPOS provider, a delivery platform, and so on) acting or failing to act, or for content you or your guests submit.

15. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will make reasonable efforts to let existing customers know (for example by email or an in-app notice) before it takes effect. Continuing to use the Service after an update takes effect means you accept the revised Terms.

16. Governing law

These Terms are governed by the laws of New South Wales, Australia [to be confirmed against DineHopper's actual place of business], without regard to conflict-of-law rules, and any dispute will be handled in the courts of that jurisdiction, unless local consumer-protection law gives you the right to bring a claim elsewhere.

17. Contact

Questions about these Terms can be sent to sales@dinehopper.com.