dojofood Subscription Agreement
Version 1.0 · Effective 17 October 2026
Provider: dojofood, Inc., a Delaware corporation, 1111B South Governors Avenue, Suite 59952, Dover, DE 19904, United States ("dojofood", "we", "us")
Customer: the business that accepts this Agreement ("Customer", "you")
What you should know before you accept
- This is a binding contract between your business and dojofood, Inc. The person who creates the account, places the Order or pays accepts it for your business (Section 1).
- dojofood may end it at any time: immediately for the reasons in Section 11.2, otherwise on sixty days' notice (Section 11).
- Unpaid fees: seven days of grace, then suspension, then closure after thirty more days (Section 6).
- Your data is deleted after a thirty-day retention period, which for unpaid accounts runs during the suspension (Sections 6 and 12).
- dojofood is not liable for business losses, and its total liability is capped at fifty percent of the software fees you paid in the previous twelve months (Section 16).
- Your tax and fiscal records are your responsibility, not ours (Section 8).
- Support is given to the people you name as Support Contacts, not to every member of your staff; if you bought through a dojofood Partner, your Partner is your first point of contact (Section 13).
- A trial, where dojofood offers one, can be limited or ended at any time; sales you record during a trial are real sales with real fiscal duties (Section 10.5).
- The terms for the country where your business is established are in Schedule C and prevail for that country.
By clicking "I have read, understood and accept the dojofood Subscription Agreement", by accepting a Quote or Order that refers to it, or by using the Service, you confirm that you are a business, that you have read and understood this Agreement including the Schedules that apply to you, that the person accepting is entitled to do so, and that you agree to it.
1. Who this Agreement is for, and how it is accepted
1.1 Business customers only. The Service is sold to businesses that operate restaurants, cafés, bars, hotels and similar food and beverage operations, and to the companies that manage them. It is not offered to consumers. You confirm that you are acting in the course of a trade or business and that no consumer protection law applies to this Agreement.
1.2 How you accept. This Agreement becomes binding on the earliest of: (a) the moment your Account Administrator ticks the acceptance box and clicks "I accept" in the dojofood portal or application; (b) the moment you accept, sign or pay a Quote, Order or invoice that refers to this Agreement; (c) the moment you or anyone acting for you first uses the Service. Before acceptance in the portal, a summary of the key terms and the Country-Specific Terms for your country are shown, and the Account Administrator is asked to confirm separately that they have read and accept (i) the recovery, suspension and closure rules for unpaid fees (Section 6) and the deletion of data after closure (Section 12), (ii) the exclusion and limitation of dojofood's liability (Sections 13.6 and 16), and (iii) your sole responsibility for your books and fiscal records and for the product, tax and fiscal data you enter (Sections 8 and 9.6) and, where the Country-Specific Terms require you to connect a fiscal device or an e-document system to the Service, the consequences of not doing so, including recourse for penalties (Schedule C and Section 17(g)). You can review and correct your Order before you accept, and the accepted text stays available in your account. dojofood keeps a record of the acceptance for ten years: the account, the user, the Customer's tax number, the date and time, the version and hash of each language version shown, each confirmation, and the network address. dojofood e-mails a copy of the accepted text to the account e-mail address. That record is evidence of your acceptance.
1.3 Who accepts for you: the Account Administrator. The person who creates your account, places the Order or makes the first payment is your "Account Administrator". dojofood is a digital service: it does not check signature circulars, trade registry records or your internal approval rules, and it relies on the Account Administrator. By accepting, the Account Administrator confirms that they are an owner, director, partner, manager or other person entitled to bind you. You are bound by the Account Administrator's acceptance and by everything done under the account, and you cannot challenge this Agreement, an Order or an invoice on the ground that the person lacked internal authority. Paying an invoice or using the Service confirms the acceptance. If the Account Administrator in fact had no authority, that person may be personally liable to dojofood for the loss this causes, in addition to your own liability. The Account Administrator is responsible for informing all Users of this Agreement and the User Terms and for making sure they comply, and is always one of your Support Contacts (Section 13.5). You can change the Account Administrator in the account settings; until you do, dojofood may rely on the current one.
1.4 Orders and Quotes. The specific plan, Locations, Seats, modules, add-ons, Premium Support, AI Credit allowances, prices, billing period and subscription term you buy are set out in an order confirmation, a Quote you have accepted and dojofood has approved, or a subscription screen (each an "Order"). An Order is part of this Agreement. If an Order and this Agreement conflict, the Order prevails on commercial terms (what you bought, for how long, at what price) and this Agreement prevails on everything else. Prices come from the Price List in force when you buy, unless the Order states a different price.
1.5 Subscriptions sold through a Partner. dojofood sells directly and through authorised partners (each a "Partner"). A Partner may prepare your Quote, help you with onboarding and, as described in Section 13 and Schedule A, is your first point of contact for support. Your contract is with dojofood, Inc., whoever sold it to you. A Partner cannot change this Agreement and cannot make commitments on dojofood's behalf; a Quote prepared by a Partner becomes an Order when dojofood confirms it.
1.6 Language. This Agreement is drafted in English. Where the Country-Specific Terms for your country provide a version in a local language, that version is shown in the acceptance flow and prevails as stated there. In all other cases the English text governs and any translation is for convenience only. The language in which you or your Users use the Service, the language of the Documentation, of support, of invoices or of notices, and the availability of this Agreement in a translation have no effect on which terms apply to you. Only the country where you are established decides which Part of the Country-Specific Terms applies and whether a local-language version prevails. A Customer may use the Service in a language other than that of its own country without any change to this Agreement or to the governing text.
1.7 Earlier terms. This Agreement and the User Terms replace the dojofood Terms of Service for the platform for all accounts from the date you accept it. The dojofood Data Processing Agreement, Privacy Policy and Cookie Policy published at dojofood.com continue to apply and are part of this Agreement.
2. Definitions
"Account Administrator" has the meaning given in Section 1.3. "AI Credits" means the units in which use of the AI Features is metered, as described in Schedule B. "AI Features" means any part of the Service that uses machine learning, large language models or similar technology to read, extract, classify, generate, suggest or analyse content, whether offered today or added later, and whether or not labelled as AI. "Country-Specific Terms" means Schedule C, which contains the terms that apply to Customers established in a particular country. "Customer Data" means the data you and your Users enter into the Service or that the Service receives for you from a Third-Party Service: your catalog, menus, prices, orders, tables, staff, account customers, suppliers, stock, reports and documents. "Documentation" means dojofood's help centre, product guides and published policies, as updated from time to time. "Fees" means all amounts payable under an Order. "Software Fees" means the recurring subscription fees for the Service itself, excluding Hardware, Premium Support, Professional Services, AI Credit top-ups, third-party e-document and fiscal integration charges passed on under Schedule D8, taxes and any Third-Party Service charges. "Hardware" means any physical device: payment terminals, fiscal cash registers and other fiscal devices, tablets, printers, kitchen screens, handhelds, cash drawers, cables and accessories. "Location" means one physical venue (one restaurant, one café, one branch) that you operate under one account. "Partner" has the meaning given in Section 1.5. "Price List" means dojofood's current price list: the plans, Locations, Seats, add-ons, Premium Support, AI Credit allowances and top-ups, Professional Services and other items with their prices, as made available in the Service, through a Partner or with a Quote and as updated under Sections 5.4 and 18. Unless your Order states a different price, the Price List in force when you buy applies. This Agreement states no prices; they are in the Price List and your Order. "Professional Services" means the services described in Section 3.8 and Schedule D, such as setup, installation, on-site service, training, data migration and integrations. "Quote" means a priced proposal prepared by dojofood or a Partner; it becomes an Order under Section 1.4. "Service" means the dojofood cloud platform for running food and beverage operations, together with its modules, applications, local connector software, integrations and AI Features, as dojofood makes them available under your Order from time to time. "Subscription Term" means the period you have paid for or committed to under an Order, including each renewal. "Support Contact" means a person named under Section 13.5 as the person through whom you deal with dojofood for support. "Third-Party Service" means any product or service not operated by dojofood that connects with or is used alongside the Service: delivery marketplaces, payment institutions and card acquirers, fiscal device manufacturers and their activation or trust service providers, e-invoicing and e-document integrators, accounting systems, large language model providers, app stores, internet and telecom providers, and Hardware manufacturers and distributors. "Trial" has the meaning given in Section 10.5. "User" means one named individual you authorise to use the Service under your account. "Seat" means the licence for one User. "User Terms" means the dojofood User Terms that each User accepts at first login, published at dojofood.com and updated under Section 18.
3. The Service
3.1 Subscription. For the Subscription Term and subject to payment of the Fees, dojofood grants you a non-exclusive, non-transferable, non-sublicensable (you cannot pass it on) right to let your Users access and use the Service for the Locations and Seats in your Order, for your own internal business operations.
3.2 What is included. Your Order states the plan, the number of Locations, the number of Seats, the modules and the AI Credit allowance you have bought. Features not in your plan may be shown in the interface as unavailable or as upgrades.
3.3 Your side of the operation. You provide and maintain, at your own cost, everything the Service needs on your side. That means a working internet connection with adequate bandwidth at every Location, devices that meet the minimum requirements in the Documentation and run a current browser or operating system, a local network and Wi-Fi, printers and fiscal devices, electricity, and trained staff. dojofood is a cloud service and does not work without an internet connection.
3.4 Changes to the Service. dojofood improves the Service continuously. dojofood may add, change, retire or replace features, integrations, interfaces, device support and Documentation at any time. dojofood will not materially reduce the core functionality of a plan during a prepaid Subscription Term without a credit or an alternative. A change in a Third-Party Service's API, terms or availability that affects an integration is not a reduction by dojofood.
3.5 Beta and preview features. Features labelled beta, preview, early access, experimental or similar are provided for evaluation, may be withdrawn at any time, are excluded from the support targets and availability commitment in Schedule A, and are used at your own risk.
3.6 Mobile applications. The dojofood mobile applications are distributed through the Apple App Store and Google Play under their terms in addition to this Agreement.
3.7 Subcontractors. dojofood may use affiliates and subcontractors, including development and operations partners, to deliver the Service. dojofood remains responsible to you under this Agreement for the Service itself.
3.8 Professional Services and add-ons. Besides the subscription, you may order services such as remote or on-site setup, on-site service visits, training, data migration and integrations with third-party systems (together "Professional Services"), and add-ons such as Premium Support and AI Credit top-ups. Professional Services and add-ons are provided only when they are included in your Order, at the prices and in the scope stated there, and are delivered by dojofood or by your Partner. Schedule D applies to Professional Services. Your subscription does not depend on them: the Subscription Term starts and the Fees run whether or not a Professional Service has been ordered, scheduled or completed.
4. Accounts, Users and acceptable use
4.1 One person, one login, one Seat. Software Fees are charged per Location and per Seat, and a Seat is one named person. Every person who uses the Service, in any role and however rarely, needs their own Seat and their own User login. A login must not be used by two or more people, in turn or at the same time, on one device or on several, whether to save on Seats, for convenience, or for any other reason. Creating generic logins such as "cashier", "waiter" or "kitchen" that several people use, rotating one login between shifts, or registering for the login codes a mobile number or mailbox that several people can read, is a breach of this Agreement. dojofood may limit a login to a set number of simultaneous sessions and may detect sharing from its logs (simultaneous sessions, devices, locations and patterns of use). Where it does, dojofood may invoice, at the Price List price in force, the Seats that should have been bought for the whole period of the sharing shown by those logs, and for no less than the current billing period, and may also suspend the account or terminate under Section 11.
4.2 Your responsibility for your account. You are responsible for everything done under your account and your Users' logins, for keeping the mobile numbers and e-mail addresses that receive login codes under your Users' own control, for removing Users who leave, and for telling dojofood promptly about any unauthorised access. The Account Administrator manages Users and their roles and informs every User of this Agreement and the User Terms. Instructions to dojofood come from your Account Administrator and your Support Contacts (Section 13.5), and dojofood may rely on them. What a User does inside the Service within the role you gave them is your action; what a User asks of dojofood is your instruction only under Section 13.5.
4.3 Accurate information. You will keep your business name, tax identifiers, billing details, addresses and contact e-mail accurate. Invoices and notices sent to the e-mail address on the account are deemed received.
4.4 Prohibited conduct. You and your Users must not:
(a) share logins or otherwise circumvent Seat, Location or usage-based pricing;
(b) use the Service for any purpose other than running the food and beverage operations covered by your Order, or let a third party use it;
(c) use the Service for anything unlawful, including tax evasion, unrecorded sales, money laundering, fraud, or the listing or sale of goods or services in breach of Section 4.7;
(d) resell, rent, lease, sublicense, white-label or provide the Service to third parties, or use it to build a competing product;
(e) copy, modify, translate, decompile, disassemble, reverse engineer or attempt to derive the source code, models, prompts, algorithms or data structures of the Service, or help or allow anyone else to do so, except where a law expressly permits it and only after asking dojofood first;
(f) probe, scan, test the security of, overload, interfere with or disrupt the Service, bypass rate limits, metering or access controls, or use bots, scrapers or automated means to access it beyond the documented APIs;
(g) upload malware, or content that is illegal, infringing, defamatory or offensive;
(h) use the AI Features in the ways prohibited in Schedule B;
(i) make false or misleading statements about dojofood, or damage dojofood's reputation or trademarks;
(j) threaten, harass, insult, discriminate against or behave abusively toward dojofood's staff, contractors or Partners, in any channel;
(k) make unreasonable or excessive support demands as described in Schedule A, or use support channels for matters that are not support;
(l) cause, facilitate or fail to prevent misuse of the Service by your Users or by third parties, including by careless handling of login codes or devices or by ignoring dojofood's security notices;
(m) remove or hide proprietary notices, or register domains, social accounts or trademarks containing "dojofood" or anything confusingly similar.
4.5 Monitoring. dojofood may monitor use of the Service for security, metering, support, abuse detection and improvement, and may investigate suspected breaches. dojofood is not obliged to monitor.
4.6 User Terms. Every User must accept the dojofood User Terms when they first log in, whichever dojofood application they use first (the web portal, the mobile application or any other dojofood application), and must comply with them. dojofood may block a User's access until the User has accepted, and may ask for acceptance again when the User Terms change materially. You will make sure your Users do so. The User Terms set rules for individual Users; they create no rights for Users against dojofood and do not reduce your responsibility under this Agreement. dojofood may suspend or remove a User who breaches the User Terms.
4.7 Only lawful goods and services. You may list, offer, sell or deliver through the Service only goods and services that you may lawfully sell, in the manner, at the times and to the persons your law allows, at each Location and in each sales channel. Goods or services whose sale is prohibited, or that require a licence, permit, registration, age check or another condition you do not meet, must not be entered in your catalog, shown on any menu or channel, or sold or delivered through the Service in any way, under whatever name or category they appear. dojofood does not check your catalog and has no duty to; when it learns of a breach it may remove the item, disable the channel or suspend the account under Section 6.8. Every consequence of a breach is yours alone: fines, penalties, seizures, closure orders, claims by diners, authorities, platforms or other third parties, and every material and non-material loss. If dojofood, a company related to it or a Partner suffers a loss, fine, claim or cost because of such goods or services, you compensate it in full on first demand (Section 17(h)), and you accept this in advance. dojofood tells you promptly of any such claim and lets you use the objection and appeal routes the law gives; nothing in this Section covers dojofood's own fraud, wilful misconduct or gross negligence (Section 16.5).
5. Fees, billing and taxes
5.1 Fees. You will pay the Fees in your Order. Unless the Order says otherwise, Software Fees are charged per Location and per Seat, in advance, for each billing period (monthly or annual). Add-ons, Premium Support, AI Credit top-ups, implementation, training and third-party e-document or fiscal integration charges passed on under Schedule D8 are billed as stated in the Order or the Price List in force when you buy them. Fees are invoiced in the currency stated in the Order; if you pay in another currency, your bank's exchange rate and charges apply. Software Fees are charged for the number of Seats in your Order; how many persons in fact use the Service is counted under Section 4.1 on the basis of dojofood's logs, which are presumed accurate unless you prove otherwise (Section 20.10).
5.2 Payment. Fees are paid by the method in your Order: card on file (charged automatically on each billing date), bank transfer against invoice, or another method dojofood offers. Invoices are due on the invoice date unless the Order states a payment term, and you are in default on the due date without any further notice or demand. You authorise dojofood and its payment provider to charge the card on file for recurring Fees and for amounts you incur under this Agreement.
5.3 Taxes. Fees exclude VAT, sales, use, withholding and similar taxes. You are responsible for all taxes on your purchase, except taxes on dojofood's net income. Where the law of your country requires you to self-assess or reverse-charge VAT or a similar tax on a cross-border service, you will do so at your own cost. If a law requires you to withhold tax from a payment to dojofood, you will increase the payment (gross it up) so that dojofood receives the full invoiced amount, and give dojofood the official withholding receipt. dojofood issues its invoices from the United States and is not obliged to issue an invoice in a local format unless the Country-Specific Terms say so.
5.4 Price changes. dojofood may review and adjust the Fees, the Price List and the AI Credit consumption rates from time to time, for reasons such as inflation, exchange rate movements, cost increases, changes to the Service and market conditions. A change to Software Fees takes effect at the start of your next billing period (for monthly plans) or at your next renewal (for annual plans), never during a period you have already paid for, and no earlier than thirty days after dojofood has told you the new price by e-mail or in the Service. If you do not accept the new price, you may cancel under Section 10.3 before it takes effect; if you do not cancel, the new price applies from that date. Add-on, top-up and usage prices apply from the next purchase; AI Credit consumption follows Schedule B. The Country-Specific Terms may add currency rules for your country.
5.5 Refunds and the thirty-day money-back guarantee. Fees are non-refundable and non-cancellable, except as follows.
(a) Thirty-day money-back guarantee on annual plans. If you cancel an annual subscription within thirty days after the start of its first Subscription Term, dojofood refunds the remainder of your payment. dojofood charges one month at the standard monthly price of your plan in the Price List (the undiscounted monthly price, not the annual rate), whatever the day of cancellation within the thirty days. It also charges any AI Credit top-ups, Premium Support, Professional Services and other add-ons you bought or consumed. dojofood refunds the rest of the annual payment to the original payment method within fourteen days of the cancellation. The guarantee applies once per Customer, to the first annual term only, and not to renewals, upgrades or Locations added later. Cancel through the Service or by written notice to dojofood within the thirty days. The subscription ends on the day you cancel. If your subscription began with a Trial, the thirty days run from the start of the paid Subscription Term (Section 10.5).
(b) Monthly plans. Monthly subscriptions carry no money-back guarantee; cancellation takes effect at the end of the billing month under Section 10.3.
(c) Refunds this Agreement grants. Where this Agreement expressly provides a refund or credit (Sections 11.1, 16.1 and 18.2 and Schedules A3.2 and B6), that provision applies. Unused Seats, Locations, modules and AI Credits are otherwise not refunded.
5.6 Invoice disputes. If you believe an invoice is wrong, tell dojofood in writing within fifteen days of the invoice date, with the reason. After that the invoice is accepted. A dispute of part of an invoice does not postpone payment of the undisputed part.
5.7 Built-in integrations are included; the other side may charge you. The integrations the Service offers with fiscal devices (fiscal cash registers and fiscal payment terminals), e-document providers, delivery marketplaces and courier services, as listed in the Documentation from time to time, are included in every plan. dojofood charges no Software Fee, activation fee or usage fee of its own for the connection itself or for running it; setup work you order is priced under the last sentence of this Section. What the party you connect to charges is a separate matter: a device manufacturer, a trust service, a payment institution, an e-document provider, a delivery marketplace or a courier company may charge you its own fees, for example for activation, a trust service, e-document credits, commissions or a subscription. Those fees are between you and that party under your contract with it (Section 9.1). dojofood does not collect them, except where dojofood or your Partner arranges and invoices such a service for you under Schedule D8, and does not refund, discount or compensate them; their existence or increase gives no claim against dojofood. Remote setup, on-site setup and visits, training, data migration, integrations built for you under Schedule D6, Premium Support and AI Credits are not built-in integrations; the Price List in force when you order them and Schedule D govern them.
6. Late payment, recovery period, suspension and closure
6.1 Recovery period: seven days. If any Fee is not paid when due, the Service stays fully available for seven calendar days from the due date (the "Recovery Period"). During the Recovery Period the Service shows payment reminders to your Users, and reminders are sent to your account e-mail on the due date, on the third day and on the seventh day. The subscription continues to run and the Fee remains due. An amount you dispute in writing under Section 5.6 within the Recovery Period does not trigger a Suspension while dojofood reviews the dispute; the undisputed part must still be paid on time. A missed or late reminder does not postpone the Suspension.
6.2 Suspension. If the overdue amount is still unpaid at the end of the Recovery Period, dojofood may suspend the Service for the account or for the affected Locations (a "Suspension"). During a Suspension: (a) Users cannot operate the Service and are directed to a payment screen; (b) orders from marketplaces, QR menus and other channels are not received or processed; (c) dojofood has no obligation to provide support, other than to help you pay; (d) the Subscription Term keeps running and is not extended; (e) Fees that fell due before the Suspension remain payable in full, and Software Fees continue to accrue during the Suspension; (f) dojofood may charge a reactivation fee published in the Price List.
6.3 Reactivation. If you pay all overdue amounts within thirty calendar days of the start of the Suspension (the "Suspension Period"), dojofood reactivates the Service, normally within one business day of the payment clearing. Reactivation time is a target, not a commitment.
6.4 Closure and deletion. If the overdue amounts are not paid in full by the end of the Suspension Period, dojofood may close the account and terminate this Agreement with immediate effect, and may delete all Customer Data at any time after closure. The Suspension Period counts as the Retention Period under Section 12.2. A deletion notice is sent to the account e-mail at least ten days before deletion; after that dojofood has no obligation to retain, return or export Customer Data, and no liability for its deletion. dojofood accepts no responsibility of any kind for the consequences of closure or deletion under this Section: commercial losses, lost sales and orders, fines, penalties, assessments or any other problem with a tax or other public authority, claims by your diners, staff, suppliers or business partners, loss of records or data, migration costs, or any other loss you or a third party may suffer.
6.5 Export during Suspension. During a Suspension you may ask dojofood in writing for one export of your Customer Data in a standard format. dojofood may make the export conditional on payment of the overdue amounts.
6.6 Late payment costs. Overdue amounts bear interest from the due date until paid at five percent (5%) per month, or at the highest rate the applicable law allows if that is lower. You will reimburse dojofood's reasonable collection costs, including collection agency fees, legal fees and bank charges. Failed card charges may be retried.
6.7 No liability for suspension or closure. dojofood is not liable for any loss, damage, cost or claim you or any third party suffers because the Service was suspended or closed under this Section, including lost sales, lost orders, lost marketplace ratings, inability to issue receipts, staff costs, spoiled stock, penalties from third parties, fines, assessments or other problems with a tax or other public authority, or loss of data. Suspension and closure under this Section are your risk.
6.8 Other suspension grounds. Independently of payment, dojofood may suspend the Service, a User or an integration immediately and without prior notice where dojofood reasonably believes that: (a) there is a security risk to the Service, to dojofood or to other customers; (b) the Service is being used in breach of Section 4, of Schedule B or of a connection duty in the Country-Specific Terms; (c) a law, regulator, court, payment institution, app store or Third-Party Service requires it; (d) your use is causing operational harm to the Service; (e) a login, or the number or mailbox that receives its codes, has been compromised; or (f) your billing details or card on file are invalid or expired and you have not corrected them after a reminder. dojofood lifts such a Suspension when it is satisfied that the cause is resolved. Sections 6.2(c) to (f) and 6.7 apply to any Suspension under this Section.
7. Customer Data and personal data
7.1 Your data stays yours. As between the parties, you own the Customer Data. You grant dojofood a worldwide, royalty-free licence to host, copy, transmit, process, display and analyse the Customer Data to provide, secure, support and improve the Service and to meet dojofood's legal obligations.
7.2 Data Processing Agreement. For the personal data in the Customer Data (your diners, your account customers, your staff) you are the controller and dojofood is the processor. The dojofood Data Processing Agreement published at dojofood.com applies automatically and is part of this Agreement. In a conflict about personal data, the Data Processing Agreement prevails over this Agreement. For the data dojofood holds about you as its customer (the person who opens the account, your billing contact, your Support Contacts), dojofood, Inc. is the controller and the Privacy Policy applies.
7.3 Your responsibilities for the data. You are responsible for the accuracy, quality, legality and ownership of the Customer Data, for having the right to put it into the Service, for your notices to and consents from your diners and staff, and for complying with the data protection, consumer, tax and food laws that apply to your business. Do not enter payment card numbers or special-category personal data into free text fields.
7.4 Usage data, anonymised data and aggregated data. dojofood may collect and use technical and usage data about how the Service is used (feature use, performance, error logs, device and connection data). dojofood may also create anonymised and aggregated data from Customer Data and usage data, including transaction, menu, price, order and channel data, and may use it for any purpose: to operate, secure and improve the Service, to train and evaluate dojofood's own models, to produce benchmarks and industry statistics, and in dojofood's marketing. Anonymised and aggregated data belongs to dojofood. It does not identify you, your Locations, your Users or your diners, and dojofood will not publish anything that does. You consent to this processing. Schedule B4.3 applies to AI inputs and outputs in identifiable form.
7.5 Export while active. While your account is active you can export your catalog, orders and reports through the Service's export functions. You are responsible for running exports as often as your business and your legal duties require.
7.6 Where the Service runs and who may access the data. The Service is hosted and operated across borders. Customer Data is hosted in the region stated in the Data Processing Agreement, today Germany; a change of region follows the notice in that Agreement. dojofood, its affiliates and its subcontractors, including the operations company that supports dojofood in your country, may process and access Customer Data from the United States, Türkiye and other countries. You authorise this, including transfers outside your country. For personal data, the transfer mechanisms, the sub-processor list and the hosting-region notice in the Data Processing Agreement apply and prevail. You are responsible for the notices to and, where needed, the consents from your diners, staff and other data subjects that your law requires for this processing.
7.7 Access for support. Support is not possible without access. When a Support Contact opens a ticket or asks for help, that request is your instruction to dojofood and, for subscriptions sold through a Partner, to the Partner, to access your account to the extent needed to handle the request. dojofood Support and Engineering staff and the Partner may then view and change your settings, look at your Customer Data, logs and documents, use a support-access function to see the Service as your User sees it, and run a remote screen session with your User. Access for a ticket is logged with the staff member, the time and the reason, and ends when the ticket is closed. dojofood may also access your account without a ticket where needed to investigate a security incident, abuse, metering or billing, or to answer a legal demand. That access is logged in the same way. You consent to this access in advance. You may ask dojofood in writing to restrict support access for your account; dojofood may then be unable to provide support, and the targets in Schedule A do not apply while the restriction is in place. A Partner that accesses your account acts on your instruction and must keep what it sees confidential.
8. Books, fiscal records and compliance are your responsibility
8.1 An operational tool, not a system of record. The Service is a tool for running your operation. It is not an accounting system, a fiscal device, an archive, a backup or a legal record-keeping system, and you must not treat it as one. dojofood does not generate fiscal receipts and is not a fiscal cash register, a certified fiscal device, a fiscal trust or activation service, or an e-invoicing or e-document integrator under any law. Where your law requires fiscal receipts or e-documents, they are produced, issued and stored by the fiscal devices and the integrators you use, and the duties toward your tax authority that attach to those devices and integrators sit with you and with them. The reports the Service produces are management information. The Country-Specific Terms describe the position in your country. What the Service sends to those devices and integrators, and who answers for it, is in Section 9.6.
8.2 You keep your records. You alone keep all books, sales records, daily closing reports (Z-reports), receipts, bills, invoices, e-documents, stock and cost records and reports, in the form and for the periods your tax and commercial laws require. The fact that the Service shows, stores or reports a figure does not transfer any retention duty to dojofood. dojofood keeps Customer Data only to operate the Service and for the Retention Period in Section 12, and may delete it afterwards.
8.3 Export regularly. You will export and archive, outside the Service, every record you may need for tax, audit, dispute or legal purposes, at least at the end of each fiscal period and before any closure, downgrade or migration.
8.4 No liability toward authorities. dojofood has no responsibility toward any tax authority, regulator, court or other public body for your records, filings, declarations, fiscal devices or e-documents, and no liability to you for any assessment, penalty, interest or audit finding, whether or not the Service was involved.
8.5 Compliance is yours. You are responsible for compliance of your operation with the laws that apply to you, including fiscal device, e-document, labour, food safety, licensing, consumer, hygiene, pricing display and data protection rules. The Service may offer features that help with compliance, but dojofood does not warrant that using the Service makes your operation compliant.
8.6 Product information is yours. You enter, check and keep current all information about your products and menus in the Service: names, descriptions, prices, portions, ingredients, allergens, calories and other nutrition values, origin, alcohol and age restrictions, images and any other content, on every channel where the Service shows or sends it (your QR menu, your receipts, delivery channels and other connected services). dojofood does not check, complete or correct that information and is not responsible for it or for any claim by a diner, an authority or a channel that arises from it. AI suggestions for such content are drafts under Schedule B.
8.7 Mandatory information under your law. If your law requires information to be shown on your menu, your receipts or in your point-of-sale system (for example allergens, calories, prices including tax, or origin), entering and displaying it is your responsibility. If the Service has no field or feature for information your law requires, tell dojofood in writing and use another lawful means meanwhile; dojofood may, but need not, add a feature, and is not liable for the absence of one.
8.8 Tax data is yours. You enter and keep correct the tax rates, tax categories, tax and unit codes and fiscal groups of every product and payment type. The Service applies and transmits what you entered: a wrong entry produces wrong figures in the Service and is passed as entered to your fiscal device, your payment terminal and your e-documents (Section 9.6). dojofood is not responsible for a wrong tax entry or for any tax, penalty, interest, assessment, correction cost or claim that results from it.
9. Third-Party Services and Hardware are not dojofood's responsibility
9.1 Third-Party Services. The Service connects with Third-Party Services on your instruction. Each Third-Party Service is provided by a separate company under your own contract with it, with its own prices, terms, availability and support. dojofood does not control them and is not responsible for them. In particular dojofood is not responsible for: (a) the availability, speed, errors or outages of delivery marketplaces, payment institutions, card acquirers, fiscal devices and their activation or trust services, e-document integrators, accounting systems, SMS or e-mail providers, large language model providers, app stores or hosting of Third-Party Services; (b) orders, payments or documents lost, delayed, duplicated, rejected or altered inside a Third-Party Service; (c) commission, fees, fines, chargebacks or penalties charged by a Third-Party Service; (d) changes a Third-Party Service makes to its API, data, terms or availability; (e) the suspension or termination of your account by a Third-Party Service.
9.2 You resolve third-party issues with the third party. Problems that originate in a Third-Party Service must be resolved by you with that provider. dojofood support will tell you what it sees on the dojofood side and, where it can, which provider to contact (Schedule A1.3). dojofood may, at its discretion, contact the provider with you, but has no obligation to resolve the problem and no liability for it.
9.3 Internet, network and devices. dojofood is not responsible for your internet connection, telecom provider, routers, Wi-Fi, cabling, local network, power supply, operating systems, browsers, or any device you use, whether or not you bought the device through dojofood's catalog. Loss of connectivity means loss of access to the Service, and dojofood is not liable for the consequences.
9.4 Hardware: sold separately, as a reseller only. dojofood is a software company. dojofood, or a company related to dojofood that it designates for your country, may sell you Hardware from dojofood's catalog. The seller acts only as a reseller: it buys from manufacturers and distributors and is not the manufacturer. Hardware is sold on a separate invoice under the seller's hardware sales terms, and the sale is not part of this Agreement. Accordingly: (a) the warranty on Hardware is the manufacturer's or distributor's warranty, on its terms; warranty, repair and service claims are made to the manufacturer's or distributor's authorised service network under the brand's own service and warranty policies; (b) regulated fiscal devices are activated, registered, sealed and serviced only by the manufacturer's authorised service under your tax authority's rules, and you are the taxpayer responsible for the device; (c) selling Hardware creates no obligation for dojofood to repair, replace, configure or support it, and no liability of dojofood for Hardware faults, incompatibility, downtime or the business consequences of any of them; the seller's responsibilities, if any, are only those in its hardware sales terms; (d) a Hardware fault is not a defect in the Service and gives no claim, credit or termination right under this Agreement; (e) where you did not buy Hardware through dojofood's catalog, dojofood makes no statement about its compatibility beyond the Documentation.
9.5 Payments: dojofood is not a payment institution. The Service sends payment requests to your payment terminal or payment provider (the amount and currency and, where the terminal or provider accepts them, the sale lines and references) and records the result the terminal or provider returns. Section 9.6 says who answers for the data sent. The authorisation, the capture and the card data are handled by the terminal and your payment institution. dojofood is not a payment institution, acquirer, money transmitter or financial intermediary, never holds your funds and never holds card data. All payment matters, including settlement, chargebacks, refunds to card holders, fees and disputes, are between you and your payment institution.
9.6 Fiscal devices and e-documents: what the Service sends, and who answers for what.
(a) Connections. Connecting a fiscal device, a payment terminal or an e-document provider is your choice as far as the Service is concerned; your law may oblige you to connect, and where it does the Country-Specific Terms for your country say so and prevail (Schedule C). Section 5.7 says what a connection costs. You may connect the providers the Service supports, as listed in the Documentation from time to time, or run the Service without any of them; without a connection the Service transmits nothing to them, and your receipts and e-documents are produced outside the Service. Where you connect a provider, the Service, on your instruction and as you have configured it, transmits the data of each sale to it (the sale lines with product, quantity, unit price and discounts, the tax rate, the tax, unit and product codes and the fiscal group you assigned, the payment type and amount, and references) over the provider's interface, and may ask the provider to produce a receipt, a payment record or an e-document. The provider produces it, under its own rules and your contract with it (Sections 8.1 and 9.1).
(b) What dojofood answers for. dojofood answers for the Service transmitting the data of each sale once, as recorded in the Service and as mapped in your configuration, in the format of the provider's interface specification the Service was built or last adapted to. A transmission that departs from that is a defect in the Service, handled under Schedule A; Section 16 applies to its consequences.
(c) What you answer for. You answer for the data and the mapping: that the products, prices, discounts, tax rates, tax and unit codes, fiscal groups and payment types in your catalog and settings are correct, complete and current under your law (Sections 8.6 and 8.8); that each device and provider is configured, activated and kept in service as its rules require; and that you check the documents produced against the Service's records at least at each daily closing and tell dojofood of any discrepancy promptly. This is so whoever entered the data, you or a Partner, and for data entered under Schedule D from your sign-off (D5.2, D5.3). Any default mappings, validations or warnings the Service may offer are aids and do not move this responsibility.
(d) What the provider answers for. The production, signature, numbering, transmission, storage and reporting of receipts, payment records and e-documents, the availability of the device or system, and changes to its interface are the provider's, under your contract with it. dojofood may adapt the Service to an interface change and is not liable for the interval; if an integration the Documentation describes is not restored, Section 16.1 is your remedy.
(e) Consequences. dojofood is not liable for a fine, assessment, penalty, chargeback, rejected, duplicated or missing document or any other consequence that results from the data or mapping under (c), from a provider matter under (d), or from a transmission that met (b) and that the provider did not accept or process, and in no case beyond Section 16.
9.7 Delivery and other sales channels are optional. Connecting a delivery marketplace or another sales channel is your choice. You may switch on any channel the Service supports, as listed in the Documentation from time to time, and switch it off again in your settings; without a connection the Service receives no orders from that channel. While a channel is connected, its orders, menus, prices, availability, commissions, payouts and customer complaints are governed by your contract with that channel (Section 9.1), and the menu content and prices you send to it are yours (Section 8.6). The list of supported channels may change, and a channel may stop working with the Service when the channel changes or ends its interface.
10. Term, renewal and cancellation by you
10.1 Term. The Subscription Term starts on the date in your Order (or, if none, the date you accept, or the date of your first live order in the Service if earlier; if your subscription began with a Trial, it starts under Section 10.5(a)) and lasts for the period in the Order. If the Order states no period, the subscription is monthly.
10.2 Renewal. Monthly subscriptions renew automatically each month. Annual subscriptions renew automatically for a further year at the end of each year unless you cancel before the renewal date. Renewals are at dojofood's then-current prices, subject to Section 5.4.
10.3 Cancellation by you. You may cancel at any time through the Service or by written notice. A monthly subscription ends at the end of the billing month in which you cancel. An annual subscription ends at the end of the then-current year, except that a cancellation under Section 5.5(a), 16.1 or 18.2 ends it on the date stated there. If you cancel early, the thirty-day money-back guarantee in Section 5.5(a) is the only refund, unless Section 11.1, 16.1 or 18.2 or Schedule A3.2 or B6 applies. Cancelling one Location or Seat follows the same rule for that item.
10.4 Downgrades. A downgrade takes effect at the next billing period. Data belonging to removed Locations, modules or Seats may become inaccessible and may be deleted under Section 12 after the downgrade.
10.5 Trial. dojofood may, at its own discretion, let a new Customer use the Service without Software Fees for a trial period stated in the Quote, the Order or the sign-up screen (a "Trial"). Nobody has a right to a Trial. dojofood decides case by case whether to offer one, for how long, and for which plan, Locations, Seats and features, and may stop offering Trials at any time; a Trial already running is not affected. If you open your account yourself online, the Trial that applies, if any, and its length are those shown on the sign-up screen at that time; in a sale arranged with dojofood or a Partner they are those stated in the Quote or Order. During a Trial this Agreement applies in full, including Sections 4, 7, 8 and 9 and the Country-Specific Terms. The right in Section 3.1 applies during a Trial, without Software Fees, to the plan, Locations, Seats and features dojofood has opened for it. A sale you record to a customer during a Trial is a real sale, and every duty attached to real sales (the connection required by the Country-Specific Terms, tax, product information) applies from the first one. The targets in Schedule A and the service credits in Schedule A7 do not apply during a Trial; Standard Support applies; AI Credits during a Trial are those stated in the offer, if any. dojofood may limit, change or end a Trial at any time and, subject to Section 16.5, is not liable for any loss arising because a Trial ended or was not extended. When the Trial ends: (a) if you have placed an Order and given a payment method, the paid Subscription Term starts on the day after the Trial ends and the Fees are charged from that day; (b) if not, your account closes, this Agreement ends and Section 12 applies, with the Retention Period running from the day the Trial ends. Add-ons, Professional Services, Hardware and Third-Party Service charges are not part of a Trial unless the offer says so. The money-back guarantee in Section 5.5(a) counts from the start of the paid Subscription Term, not from the Trial.
11. Termination and suspension by dojofood
11.1 Termination for convenience by dojofood. dojofood may terminate this Agreement, an Order or any Location at any time, for any reason, by giving you sixty days' notice. In that case dojofood refunds any prepaid Software Fees for the period after the termination date. This refund is your only remedy for a termination under this Section 11.1.
11.2 Termination for cause by dojofood. dojofood may terminate this Agreement, an Order, a Location or a User immediately, by notice and without any refund, if:
(a) you breach Section 4 (accounts and acceptable use) or Schedule B (AI Features), including sharing logins or circumventing Seat pricing;
(b) the overdue amounts are not paid by the end of the Suspension Period under Section 6.4, or your account is suspended for non-payment twice within any twelve-month period;
(c) you, your owners or your Users threaten, harass, insult or behave abusively toward dojofood's staff, contractors or Partners;
(d) you make unreasonable or excessive support demands as described in Schedule A, after a warning;
(e) you use the Service for an unlawful purpose or in a way that exposes dojofood to legal, regulatory, tax, reputational or security risk;
(f) you reverse engineer, copy or attempt to extract any part of the Service, or help anyone else to;
(g) you cause, facilitate or fail to prevent misuse of the Service;
(h) you become insolvent, enter bankruptcy, a composition with creditors, liquidation or a similar procedure, or cease to trade;
(i) you breach any other material term of this Agreement and, where the breach can be remedied, do not remedy it within ten days of notice;
(j) a Third-Party Service, app store, payment institution, regulator or law makes it impracticable or unlawful for dojofood to continue serving you.
11.3 Suspension instead of termination. Wherever dojofood may terminate under Section 11.2, dojofood may instead suspend, and may later terminate. Section 6.7 applies.
11.4 No liability for termination. dojofood is not liable for any loss, damage, cost or claim arising from a termination or suspension under this Section, including lost sales, lost orders, costs of migrating to another system, staff costs, penalties from third parties or loss of data. Except for the refund in Section 11.1, you have no claim against dojofood for terminating.
11.5 Partner-sold subscriptions. dojofood's termination and suspension rights apply equally to subscriptions sold through a Partner.
12. What happens when the Agreement ends
12.1 Access ends. On expiry or termination your and your Users' access to the Service ends, except that after a termination under Section 11.1 or an expiry you may log in during the Retention Period in read-only or export-only mode if dojofood makes that available.
12.2 Retention Period: thirty days. dojofood keeps Customer Data for thirty calendar days after this Agreement ends by expiry or termination, or after closure under Section 6.4 (the "Retention Period"). During the Retention Period you may export your data using the Service's export functions where available, or ask dojofood in writing for one export in a standard format. Where dojofood terminated for cause under Section 11.2, dojofood may make the export conditional on payment of all amounts due. Where closure follows a Suspension for non-payment, the Suspension Period is the Retention Period and Section 6.4 applies.
12.3 Deletion. After the Retention Period, and after a deletion notice sent to the account e-mail at least ten days in advance, dojofood may delete all Customer Data, logins, settings, integrations and AI Credits, and records the date of deletion. This Section sets the earliest date on which dojofood may delete; the Data Processing Agreement, which provides for deletion within ninety days of the end of your account, is not extended by it. Backups are overwritten on their normal cycle as described in the Data Processing Agreement. dojofood has no obligation to keep, return, convert or migrate Customer Data after the Retention Period, and no liability for its deletion. Data dojofood is required by law to keep is kept only as long as that law requires.
12.4 No liability for consequences. dojofood is not liable for any loss you suffer because the Service ended, because data was deleted after the Retention Period, or because you did not export in time, including any fine, penalty, assessment or other problem with a tax or other public authority.
12.5 Amounts due. Termination does not cancel amounts that fell due before it. Where dojofood terminates for cause under Section 11.2, all Software Fees for the remainder of the Subscription Term become immediately due. This does not apply to a cancellation under Section 5.5(a), 16.1 or 18.2; after a cancellation under Section 5.5(a) only the amount calculated there remains due.
12.6 Survival. Sections 5, 6.6, 6.7, 7, 8, 9, 11.4, 12, 13.6, 14, 15, 16, 17, 19 and 20 survive the end of this Agreement.
13. Support and service levels
13.1 Standard Support is included in every subscription and is provided through dojofood's ticket system (and, for Critical issues, the emergency fault line) or, where you bought through a Partner, through your Partner (Section 13.4), as described in Schedule A.
13.2 Premium Support is an optional paid add-on that adds a WhatsApp line and a telephone line for Critical and High issues, a named dojofood contact and faster targets, as described in Schedule A and priced in your Order.
13.3 Service levels. dojofood's availability commitment, the severity classes, the response and resolution targets, the service credits and their exclusions are set out in Schedule A. Service credits are your sole and exclusive remedy for any failure to meet them.
13.4 Subscriptions sold through a Partner. If you bought through a Partner, your Partner is your first point of contact for every support need. Contact the Partner, not dojofood, through the channel the Partner gives you. The Partner provides Tier 1 support and coordinates with dojofood for Tier 2 and Tier 3 support as described in Schedule A. If your Order includes Premium Support, dojofood delivers it directly through the channels in Schedule A3; your Partner remains your contact for everything else. dojofood may contact you directly when that is the fastest way to resolve a ticket.
13.5 Support Contacts: who dojofood talks to. dojofood gives support to the people you have named for that purpose, not to every User. Your Account Administrator is always one of your "Support Contacts"; in the account settings you may name further Users as Support Contacts. Only a Support Contact may open a ticket, use the support channels in Schedule A and ask dojofood to do anything in your account. dojofood may treat a Support Contact's requests as your instructions, including requests to change settings, roles, permissions, Users, Locations and integrations, and may act on them without further checks. Billing details and the Account Administrator are changed by the Account Administrator in the account settings. Who may do what inside your account, and which questions reach dojofood, are your decisions: dojofood does not make them for you and does not step between you and your staff. A request from any other person is therefore not a support request. dojofood may decline it or answer it only by pointing the person to the Documentation or to your Support Contact, and changes roles, permissions, settings or data only on a Support Contact's request. dojofood may still use what any User tells it about a defect in the Service; a ticket, and its targets, exist only when a Support Contact opens one. Your Users raise their questions with your Support Contact, who decides whether to bring them to dojofood. Keep your Support Contacts current; dojofood may rely on the list in the account settings as it stands when a request arrives. Where you bought through a Partner, the Partner deals with your Support Contacts in the same way.
13.6 No liability for requests from others. dojofood is not liable for any loss, delay or other consequence arising because a request did not come from a Support Contact, because dojofood declined or did not act on such a request, or because dojofood acted on a request from a person who was listed as a Support Contact at the time, or in good faith on a request that appeared to come from a Support Contact, including one sent from a Support Contact's login, e-mail address or telephone number. The targets in Schedule A run only for tickets opened by a Support Contact or, where you bought through a Partner, by your Partner on a Support Contact's request.
14. Intellectual property and trademarks
14.1 dojofood owns the Service. The Service and all its components, the applications and local connector software, the Documentation, the AI Features, the models, prompts and workflows behind them, and all improvements, derivative works, designs, interfaces, trade dress (the look and feel) and know-how are and remain the property of dojofood and its licensors. You receive only the right in Section 3.1. All rights not expressly granted are reserved.
14.2 Trademarks. "dojofood", the dojofood logo, the dojofood product names and the visual identity of the Service are trademarks of dojofood, Inc. You must not use them, in any form, except to state truthfully that you use dojofood. You must not register, apply for or use any trademark, trade name, domain name, social media handle or application name that contains "dojofood", or "dojo" in connection with hospitality software, or anything confusingly similar. You must not remove or alter dojofood's marks in the Service or on printed outputs where the Service places them. All goodwill from any use of dojofood's marks accrues to dojofood.
14.3 Your marks and your reference. You grant dojofood the right to use your business name and logo in the Service (for example on your QR menu and receipts). You also agree that dojofood may name you as a dojofood customer and use your business name and logo as a reference on dojofood's website, in marketing materials, presentations, customer lists, social media posts, case studies and success stories, including a description of how you use the Service and the results you achieved. dojofood will not publish your confidential commercial figures (such as revenue, prices or margins) without your agreement, and use under this Section is not a breach of Section 15. If you do not want to be used as a reference, tell dojofood in writing at any time; dojofood then stops using you in new materials and removes you from its website within thirty days. Materials already printed or distributed before your notice may remain in circulation.
14.4 Feedback. If you give dojofood suggestions, ideas or feedback, you assign to dojofood all rights in them, and dojofood may use them without restriction or payment.
14.5 Open-source and third-party components. The Service includes components licensed from third parties and open-source components under their own licences, which apply to those components.
15. Confidentiality
15.1 Each party will keep the other party's non-public information confidential, use it only for this Agreement and protect it with at least reasonable care. dojofood's prices, roadmap, Documentation marked confidential, security information and the non-public parts of the Service are dojofood's confidential information. Your Customer Data is your confidential information. The obligation does not cover information that is public, already known, independently developed or lawfully received from a third party, and each party may disclose what a law, court or regulator requires after telling the other where lawful.
16. Warranties, disclaimers and limitation of liability
16.1 Limited warranty. dojofood warrants that it will provide the Service with reasonable skill and care and substantially as described in the Documentation. Your only remedy for a breach of this warranty is that dojofood will use reasonable efforts to correct the non-conformity, and if it cannot, you may terminate the affected Order and receive a refund of prepaid Software Fees for the period after termination.
16.2 DISCLAIMER. EXCEPT AS STATED IN SECTION 16.1, THE SERVICE, THE AI FEATURES, THE DOCUMENTATION AND ANY SUPPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, DOJOFOOD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DOJOFOOD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME, THAT DEFECTS WILL BE CORRECTED, THAT AI OUTPUTS WILL BE ACCURATE, THAT ANY THIRD-PARTY SERVICE OR HARDWARE WILL WORK WITH THE SERVICE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR MAKE YOUR OPERATION COMPLIANT WITH ANY LAW. YOU USE THE SERVICE AT YOUR OWN RISK.
16.3 EXCLUDED LOSSES. TO THE FULLEST EXTENT PERMITTED BY LAW, DOJOFOOD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, RESELLERS AND PARTNERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, SALES, ORDERS, BUSINESS, GOODWILL, RATINGS, DATA, STOCK OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, STAFF COSTS, OR ANY PENALTY, FINE, COMMISSION, CHARGEBACK OR CLAIM IMPOSED BY A THIRD PARTY OR A PUBLIC AUTHORITY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY. THIS APPLIES IN PARTICULAR TO LOSSES CAUSED BY SUSPENSION, TERMINATION, DELETION OF DATA, OUTAGES, INTERNET OR NETWORK FAILURE, THIRD-PARTY SERVICES, HARDWARE, PRODUCT, ALLERGEN AND TAX INFORMATION YOU ENTER (SECTIONS 8.6 TO 8.8), FISCAL AND E-DOCUMENT DATA AND MAPPINGS (SECTION 9.6), AI OUTPUTS, AND REQUESTS FROM PERSONS WHO ARE NOT SUPPORT CONTACTS (SECTION 13.5).
16.4 CAP: FIFTY PERCENT OF SOFTWARE FEES. WHATEVER A CLAIM IS CALLED (DAMAGES, COMPENSATION, CONTRACTUAL PENALTY, INDEMNITY, A REFUND NOT EXPRESSLY PROVIDED IN THIS AGREEMENT, A SERVICE CREDIT OR ANY OTHER MONETARY CLAIM), AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF DOJOFOOD AND THE PERSONS LISTED IN SECTION 16.3 FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, IS LIMITED. IT WILL NOT EXCEED FIFTY PERCENT (50%) OF THE SOFTWARE FEES ACTUALLY PAID BY YOU TO DOJOFOOD UNDER THE AFFECTED ORDER IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR THE HIGHER PERCENTAGE OF THOSE FEES STATED IN YOUR ORDER. HARDWARE, PREMIUM SUPPORT, PROFESSIONAL SERVICES, AI CREDIT TOP-UPS, THIRD-PARTY E-DOCUMENT AND FISCAL INTEGRATION CHARGES PASSED ON UNDER SCHEDULE D8, TAXES AND THIRD-PARTY SERVICE CHARGES ARE NOT SOFTWARE FEES AND ARE EXCLUDED FROM THE CALCULATION. MULTIPLE CLAIMS DO NOT ENLARGE THE CAP. SERVICE CREDITS ISSUED UNDER SCHEDULE A COUNT TOWARD THE CAP. SUBJECT TO SECTION 16.5 AND TO THE REFUNDS THIS AGREEMENT EXPRESSLY PROVIDES, THIS IS THE MOST DOJOFOOD CAN BE REQUIRED TO PAY UNDER OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER MANY CLAIMS ARE MADE AND BY WHOMEVER.
16.5 What the limits do not cover. Sections 16.3 and 16.4 do not limit liability for a party's fraud, wilful misconduct or gross negligence, for death or personal injury caused by negligence, or for any liability that cannot be limited under the law that applies. Nothing in this Agreement limits your obligation to pay the Fees or your liability under Section 17.
16.6 Basis of the bargain. You acknowledge that the Fees reflect this allocation of risk, that dojofood would not provide the Service at these prices without it, and that you have had the opportunity to obtain insurance and legal advice. Where a jurisdiction does not allow a particular exclusion, dojofood's liability is limited to the smallest extent that jurisdiction allows.
16.7 Time limit for claims. Any claim against dojofood must be brought within one year after the event giving rise to it, or it is waived, to the extent the law allows.
17. Your indemnity
You will defend, indemnify and hold harmless dojofood, its affiliates, officers, directors, employees, contractors, resellers and Partners from and against all claims, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising from: (a) the Customer Data, including any claim by a diner, employee, supplier or authority about it; (b) your or your Users' use of the Service in breach of this Agreement or of law; (c) your operation, products, pricing, food, premises or staff; (d) your fiscal, tax, e-document or record-keeping duties; (e) any dispute between you and a Third-Party Service, a Partner or a Hardware supplier; (f) any claim that your marks, menus, images or content infringe a third party's rights; (g) any penalty, fine, assessment, interest or other liability imposed on dojofood, a company related to it or a Partner because your sales were recorded in the Service without a fiscal device connection that your law requires (Schedule C), or with a connection you did not keep in service; (h) any goods or services listed, offered, sold or delivered through the Service in breach of Section 4.7, including every financial loss and any harm to reputation that results.
18. Changes to this Agreement
18.1 dojofood may update the terms. dojofood may change this Agreement, the Schedules, the Country-Specific Terms, the User Terms, the Data Processing Agreement, the Privacy Policy, the Cookie Policy, the Documentation and the Price List, and may release new versions of any of them, at any time. dojofood posts the new version at dojofood.com with a new version number and date. Notice of a change by any one of the following is sufficient: posting the new version at dojofood.com, a message or banner in the Service, or an e-mail to the account e-mail address. You are responsible for keeping that address current and for reading the notices.
18.2 When a change takes effect, and your choice. A change that is not materially adverse to you, a change that adds or improves features, a change to the Documentation or to the Price List for new purchases, and a change required by law, a regulator or a Third-Party Service take effect when posted. A change that is materially adverse to you takes effect thirty days after notice. If such a change is unacceptable to you, you may cancel with effect from the date the change takes effect, by notice before that date, and for annual plans dojofood refunds prepaid Software Fees for the period after that date. That refund is your only remedy for a change. If you continue to use the Service after a change takes effect, you accept it.
19. Governing law and disputes
19.1 Governing law. This Agreement and any dispute arising out of or relating to it or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Mandatory rules of the law of your country that cannot be excluded by contract are not affected.
19.2 Talk first. Before starting proceedings, a party will send the other a written description of the dispute, and the parties will try in good faith to resolve it within thirty days. This does not apply to claims for unpaid Fees, to injunctive relief or to protection of intellectual property.
19.3 Forum. Any dispute not resolved under Section 19.2 is brought exclusively before the state and federal courts located in the State of Delaware, and each party submits to that jurisdiction and waives any objection to venue, unless the Country-Specific Terms for your country provide a different forum or arbitration, in which case that provision applies. In either case, either party may bring proceedings to collect an undisputed sum before the courts and enforcement offices of the debtor's domicile, and dojofood may seek injunctive relief or protect its intellectual property before any competent court.
19.4 Jury and class waiver. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT DISPUTES WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
19.5 Injunctive relief. A breach of Sections 4, 14 or 15 may cause dojofood harm that money cannot repair, and dojofood may seek injunctive relief in any competent court without posting a bond.
20. General
20.1 Entire agreement. This Agreement (with the Orders, Schedules, Data Processing Agreement and the policies it refers to) is the entire agreement between the parties about the Service and replaces all earlier discussions, proposals, quotes and terms. Your purchase order terms or any other terms you send do not apply, even if dojofood processes the purchase order.
20.2 Order of precedence. In a conflict: (1) the Data Processing Agreement for personal data matters; (2) an Order for commercial terms; (3) the Country-Specific Terms for your country; (4) this Agreement; (5) Schedules A, B and D; (6) the User Terms; (7) the Documentation.
20.3 Notices. Notices to you are valid when sent by e-mail to the account e-mail address, shown in the Service, or posted to your billing address. Notices to dojofood must be sent by e-mail to [email protected] with a copy to [email protected], or by post to the address above, and are effective on receipt. The parties agree that e-mail and in-Service notices are valid written notices for every purpose under this Agreement, including default, suspension and termination, to the extent the law allows. Where a mandatory law of your country requires a particular form for a notice, the Country-Specific Terms say so, and dojofood may also send the notice in that form, directly or through a representative in your country. The notice takes effect on the earlier of its receipt in either form. Notices are sent in English or in the language stated in the Country-Specific Terms.
20.4 Assignment. You may not assign or transfer this Agreement or an Order without dojofood's prior written consent, except to a successor of your whole business that assumes it in writing. dojofood may assign this Agreement, in whole or in part, to an affiliate, a successor, a buyer of its business or assets, or a local entity dojofood establishes in your country, by notice to you.
20.5 Force majeure. dojofood is not liable for any failure or delay caused by events beyond its reasonable control, including internet or telecom failure, failure of a hosting or cloud provider, failure of a Third-Party Service, cyber-attack, power failure, strike, epidemic, war, government action, natural disaster or fire.
20.6 Independent parties. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, franchise or employment relationship.
20.7 Export and sanctions. You confirm that you are not located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive United States sanctions, and that you are not on any United States, European Union or United Nations sanctions list. dojofood may suspend or terminate immediately if this changes.
20.8 Severability and waiver. If a provision is held unenforceable, it is enforced to the maximum extent permitted and the rest of the Agreement stays in force. A failure to enforce a provision is not a waiver.
20.9 No third-party beneficiaries. Except for the persons protected by Sections 16 and 17, no third party has rights under this Agreement.
20.10 Electronic contracting and records. You agree that this Agreement may be concluded electronically, that your click, acceptance or use is your electronic signature, and that dojofood's electronic records of acceptance, Orders, invoices, notices and usage are admissible evidence and are presumed accurate unless you prove otherwise.
20.11 Headings and interpretation. Headings are for convenience. "Including" means "including without limitation". References to days are calendar days unless stated; "business day" means a weekday that is not a public holiday in Delaware or, for notices to you and for the targets in Schedule A, in your country.
Schedule A · Support Policy and Service Level Agreement
This Schedule is part of the dojofood Subscription Agreement. Capitalised terms have the meaning given there. dojofood may update this Schedule under Section 18 of the Agreement.
A1. What support covers
A1.1 Support means helping you, through your Support Contacts (Section 13.5 of the Agreement), use the Service as documented, diagnosing and correcting defects in the Service, and answering questions about its features. Support is provided in English and in the languages listed in the Country-Specific Terms for your country.
A1.2 Support does not cover: (a) your internet, telecom provider, router, Wi-Fi, cabling, local network or power; (b) your devices, operating systems, browsers or printers, including devices bought through dojofood's catalog, beyond the pairing steps in the Documentation; (c) Third-Party Services, including delivery marketplaces, payment institutions, fiscal devices and their activation services, e-document integrators, accounting systems and large language model providers, beyond telling you where the problem originates; (d) Hardware faults, warranty, repair or replacement; (e) data entry, menu building, price updates, the mapping of tax rates, codes and fiscal groups (Section 9.6), stock counts or bookkeeping on your behalf; (f) training beyond the onboarding included in your Order; (g) custom development, reports or integrations; (h) problems caused by misuse, unsupported devices, modifications or breach of the Agreement; (i) accounts under Suspension; (j) beta features.
A1.3 For a problem in a Third-Party Service, dojofood will tell you what it sees on the dojofood side and, where it can, which provider to contact. Resolution is between you and that provider.
A2. Support tiers
| Tier | Who | What they do |
|---|---|---|
| Tier 1 | Your Partner, if you bought through one; otherwise dojofood Support | First response, identification, how-to answers, known issues and workarounds, basic configuration, collecting the details needed for escalation |
| Tier 2 | dojofood Technical Support | Reproducing the issue, configuration and integration diagnostics, data checks, account and metering corrections, coordination with a Third-Party Service where dojofood chooses to |
| Tier 3 | dojofood Engineering | Confirmed defects in the Service, hotfixes, scheduled fixes in a release, infrastructure incidents |
A2.1 A ticket moves to the next tier when the current tier confirms that it cannot resolve it. Only dojofood decides whether a ticket is a defect.
A3. Channels and hours
| Standard Support (included) | Premium Support (paid add-on) | |
|---|---|---|
| Channel | Ticket system, opened from the Service or the help centre, plus a 24-hour emergency fault line for Critical issues only (A4). No other telephone, WhatsApp or e-mail support outside the ticket system. | Ticket system, plus a dedicated WhatsApp line and a telephone line for Critical and High issues, plus remote screen sessions |
| Hours (in the support time zone stated in the Country-Specific Terms) | Every day 09:00 to 24:00 for all severities; Critical issues 24 hours through the emergency fault line | Every day 08:00 to 24:00 for all severities; Critical issues 24 hours |
| Named dojofood contact | No | Yes, a named dojofood contact and an escalation contact at dojofood |
| Onboarding | Self-service onboarding plus the sessions in your Order | Guided onboarding; account review sessions on request |
| Who may open tickets | Your Support Contacts (Section 13.5 of the Agreement), also on the emergency fault line | Your Support Contacts. Persons your Order names for the WhatsApp and telephone lines are Support Contacts for those lines (Section 13.5 of the Agreement) |
A3.1 Messages sent to any other address, number or social account, and requests from persons who are not Support Contacts (Section 13.5 of the Agreement), other than your Partner, are not support requests and carry no response target.
A3.2 Premium Support is priced per Location per month in your Order, is billed with the Software Fees, and may be cancelled by either party at the end of a billing month. dojofood may withdraw Premium Support from an account that breaches Section 4.4(j) or (k) of the Agreement, refunding any prepaid unused month.
A4. Severity classes
| Severity | Definition | Examples |
|---|---|---|
| S1 Critical | The Service is unavailable or unusable for all Users at a Location because of a defect in the Service, and there is no workaround. Core operations (taking orders, sending a payment amount to the terminal, printing or displaying tickets) are stopped. | Platform outage; login impossible for every User; orders cannot be created at any device |
| S2 High | A core function is seriously degraded because of a defect in the Service, but operations continue with a workaround, or the problem affects a single device or channel. | Marketplace orders not arriving while the marketplace confirms it is sending them; one POS device cannot print; a report shows wrong totals |
| S3 Medium | A non-core function does not work as documented, or a problem affects a single User, with limited operational impact. | A menu image does not upload; a filter in analytics is wrong; the waiter app is slow on one phone |
| S4 Low | How-to questions, cosmetic issues, feature requests, requests for information. | How do I add a modifier; the colour of a badge; please add a report |
A4.1 dojofood assigns the severity when it receives the ticket and may change it after diagnosis. A problem that originates outside the Service (internet, device, Third-Party Service) is not a defect and is closed once dojofood has given its diagnosis, even where the impact on your operation is serious.
A5. Response and resolution targets
Targets run within the support hours of your tier. A Critical issue reported on the emergency fault line opens a ticket and carries the S1 targets at any hour; outside the hours in A3, a Critical issue reported through the ticket system is read when those hours resume. The line carries no time promise other than those targets. "Response" means a qualified person has read the ticket and replied. "Update" means a progress message. "Resolution target" means dojofood's goal for a fix or a workaround; it is a target, not a guarantee.
| Severity | Standard: response | Standard: updates | Standard: resolution target | Premium: response | Premium: updates | Premium: resolution target |
|---|---|---|---|---|---|---|
| S1 Critical | 1 hour | every 2 hours | 8 hours | 30 minutes | every hour | 4 hours |
| S2 High | 4 hours | every business day | 3 business days | 2 hours | every 4 hours | 1 business day |
| S3 Medium | 1 business day | every 3 business days | next release that reasonably fits | 4 hours | every business day | next scheduled release |
| S4 Low | 2 business days | none | at dojofood's discretion | 1 business day | none | at dojofood's discretion |
A5.1 Missing a response or resolution target is not a breach of the Agreement and gives no right to damages, refund or termination. The only remedy for availability is the service credit in A7.
A6. Support when you bought through a Partner
A6.1 Your Partner is your Tier 1 and your first point of contact for every support need. Contact the Partner through the channel the Partner gives you. The Partner deals with your Support Contacts, as dojofood does under Section 13.5 of the Agreement. The Partner answers how-to questions, checks configuration and known issues, collects the details dojofood needs, opens and manages the ticket with dojofood for Tier 2 and Tier 3, and relays dojofood's answers to you. The targets in A5 run from the moment the ticket reaches dojofood.
A6.2 dojofood may contact you directly when that is the fastest way to resolve a ticket, and may ask you for logs, screenshots or a remote session.
A6.3 If you cannot reach your Partner, open a ticket with dojofood Support through the Service and say so; for a Critical issue you may also call the emergency fault line in A3. dojofood will handle the ticket or route it to your Partner. Premium Support is always delivered by dojofood directly, whoever sold the subscription.
A6.4 When you bought directly from dojofood, dojofood is Tier 1, 2 and 3.
A7. Availability and service credits
A7.1 Commitment. dojofood targets a Monthly Availability of 99.5% for the production platform. Monthly Availability = (total minutes in the month minus Downtime minutes) divided by total minutes in the month. "Downtime" means the minutes during which the Service's core order functions are unavailable for all Users of all customers because of a cause within dojofood's control, as measured by dojofood's monitoring.
A7.2 Not Downtime. The following are never Downtime: (a) scheduled maintenance announced in the Service or by e-mail at least 24 hours in advance, normally in the overnight low-traffic window for your region stated in the Country-Specific Terms; (b) emergency maintenance to address a security or stability risk; (c) failures of your internet, network, devices, printers or power; (d) failures, delays or changes of a Third-Party Service, including hosting or cloud providers outside dojofood's control, delivery marketplaces, payment institutions, fiscal devices, e-document integrators and large language model providers; (e) Suspension or termination under the Agreement; (f) beta features; (g) force majeure; (h) problems caused by your breach of the Agreement, your configuration or your data; (i) degraded performance that does not stop core order functions.
A7.3 Service credits. If Monthly Availability falls below the commitment, you may claim a credit against the next invoice for the affected Locations:
| Monthly Availability | Credit as a percentage of that month's Software Fees for the affected Locations |
|---|---|
| below 99.5% and at or above 99.0% | 5% |
| below 99.0% and at or above 97.0% | 10% |
| below 97.0% | 25% |
A7.4 How to claim. Send a ticket within thirty days after the end of the month, stating the dates and times of the Downtime you experienced. dojofood checks the claim against its monitoring, which is conclusive. Credits are applied to a future invoice, are never paid in cash, do not carry over after the Agreement ends, and are not available to accounts with an overdue balance or under Suspension during the month.
A7.5 Sole remedy. Service credits are your sole and exclusive remedy for any unavailability, outage or failure to meet the availability commitment. Total credits in any month will not exceed 25% of that month's Software Fees for the affected Locations.
A8. Maintenance and releases
A8.1 dojofood releases updates continuously. Most updates need no action from you. dojofood may require you to update the applications and local connector software you use to keep using them; old versions may stop working.
A8.2 dojofood may retire a feature, an integration or a device from support with notice in the Service or the Documentation. Section 3.4 of the Agreement applies.
A9. Fair use of support
A9.1 Standard Support is sized for a normal operation. dojofood may treat the following as excessive and, after a warning, require you to buy Premium Support or training, limit your support channel, or terminate under Section 11.2(d) of the Agreement: (a) repeated tickets for matters covered by the Documentation or by a previous answer; (b) more than twenty tickets in a calendar month per Location, excluding confirmed defects; (c) using the emergency fault line for anything other than a Critical issue, or insisting on other telephone, WhatsApp or out-of-hours support under Standard Support; (d) demanding features, custom work or changes to dojofood's product decisions; (e) tickets about Hardware, internet or Third-Party Services after dojofood has given its diagnosis.
A9.2 Abusive, insulting, threatening or discriminatory communication to any dojofood or Partner staff member, in any channel, ends dojofood's obligation to respond to the ticket and is a ground for immediate termination under Section 11.2(c) of the Agreement. dojofood may record support calls and keep chat logs for this purpose.
A10. Your duties for support
To receive support you will: raise requests only through your Support Contacts (Section 13.5 of the Agreement); report problems through the correct channel with the account, Location, device, time and steps to reproduce; give dojofood and, where applicable, your Partner the support access described in Section 7.7 of the Agreement, including remote access, logs and screenshots when asked; keep your devices and applications updated; apply the workaround dojofood gives you; and make a knowledgeable person available.
Schedule B · AI Features and AI Credits
This Schedule is part of the dojofood Subscription Agreement. It applies to every AI Feature.
B1. What the AI Features are
B1.1 dojofood offers various AI Features in the Service. They read, extract, classify, generate, suggest or analyse content for you, for example from documents or images you upload, from your own data in the Service or from questions you ask, and they produce drafts and suggestions for your review. Which AI Features are available, and in which plan, is shown in the Service and the Documentation. dojofood may add, change or withdraw AI Features at any time.
B1.2 The AI Features are built on machine learning models, including large language models operated by third-party providers, used under terms that do not allow the provider to use your inputs or outputs to train its models. The providers may change. Their processing of data on dojofood's behalf is disclosed in dojofood's sub-processor list under the Data Processing Agreement.
B2. Outputs are drafts. You check them
B2.1 AI outputs are generated by statistical models. They can be wrong, incomplete, inconsistent, out of date or misleading, and the same input can give different outputs. You must review every AI output before you rely on it or act on it. In particular, anything an AI Feature produces about names, prices, allergens, tax rates, quantities, costs, stock, accounting entries or documents must be checked against the source before it is published, confirmed or recorded, and an answer an AI Feature gives about your data is an analysis, not advice.
B2.2 AI outputs are not legal, tax, accounting, financial, nutritional, food safety or professional advice. dojofood is not responsible for any decision you make, any price you set, any allergen you miss, any stock or cost figure you record, any tax or accounting entry you make, or any loss you suffer, because of an AI output.
B2.3 Unless the Documentation says otherwise for a specific AI Feature, AI Features draft and suggest; the decision to publish, confirm, change or send anything remains yours.
B3. AI Credits
B3.1 Metering. Use of the AI Features is metered in AI Credits. The number of AI Credits an action consumes is not fixed. dojofood sets it, and it varies from one use to the next with the feature, the model or models used, the size, type and complexity of the input and of the output, the number of steps the action takes and the cost of the underlying providers. dojofood may change how actions are metered, the credit consumption of any feature, the models and the providers at any time and at its discretion. Any consumption figures shown in the Service or the Documentation are guidance, not a commitment, and where the Service shows an estimate before an action runs the actual consumption may differ. AI Credits are consumed when an AI action runs, whether or not you use the output; an output you consider inaccurate does not restore credits. A request that fails with an error before producing any output is restored to your balance where dojofood's metering confirms the failure. A change in metering, consumption, model or provider is not a material change to the Agreement.
B3.2 Included allowance. Your plan may include a monthly allowance of AI Credits per account or per Location, stated in your Order. Included AI Credits are renewed at the start of each billing month and unused included AI Credits expire at the end of that month; they do not roll over.
B3.3 Top-ups. You may buy additional AI Credits at the Price List prices in force at the time. Purchased AI Credits are consumed after the included allowance, are valid for twelve months from purchase and then expire, and are used across the Locations of the same account unless the Order states otherwise. If you switch on automatic top-up, dojofood charges the card on file for a new block of AI Credits each time your balance reaches zero, at the then-current price.
B3.4 Nature of AI Credits. AI Credits are a metering unit, not money, property or a deposit. They have no cash value, are non-refundable (including on cancellation, downgrade, suspension, termination or expiry), non-transferable between accounts or customers, cannot be exchanged for other services, and are forfeited when the account is closed. A refund under Section 5.5(a) of the Agreement does not refund consumed AI Credits.
B3.5 Exhaustion and limits. When your AI Credits are exhausted the AI Features stop until the next allowance or a top-up. dojofood may apply daily limits, rate limits and file-size limits per account to protect the Service, and may queue or slow AI requests during peak load. During a Suspension the AI Features are unavailable and AI Credits are frozen.
B3.6 Metering disputes. dojofood's metering records are conclusive unless you show a manifest error (an obvious mistake) within fifteen days of the end of the month.
B4. Your inputs and the outputs
B4.1 You keep ownership of what you upload (inputs). As between the parties, you may use the outputs the Service generates for you for your own business. dojofood does not claim ownership of outputs, but outputs may not be unique and similar outputs may be generated for other customers.
B4.2 You are responsible for the inputs: you must have the right to upload them, and they must not contain payment card data, identity documents, health data or other special-category personal data beyond what an invoice or a menu ordinarily contains.
B4.3 dojofood does not use your inputs or outputs, as such, to train models that serve other customers. dojofood may use them to operate, secure, debug and improve the AI Features for your account. Anonymised and aggregated data created under Section 7.4 of the Agreement is not an input or an output.
B5. Prohibited uses of the AI Features
You must not: (a) use the AI Features to extract, replicate or reverse engineer the underlying models, prompts or workflows; (b) attempt to bypass safety or usage controls (jailbreaking, prompt injection, automated prompting); (c) use the AI Features for anything other than your own food and beverage operation, or to generate content unrelated to it; (d) use outputs to make decisions that the law reserves to a qualified professional, or in any way that violates a law or a third party's rights; (e) represent AI outputs as dojofood's statements or as verified facts; (f) use scripts or bulk uploads to consume AI Credits beyond normal business use; (g) submit inputs that are illegal, infringing or that you have no right to use.
B6. Availability and third-party models
The AI Features depend on third-party model providers. Their outages, latency, rate limits, policy changes, price changes or discontinuation are a Third-Party Service matter under Section 9 of the Agreement: they are excluded from the availability commitment and the support targets in Schedule A, and dojofood may suspend, replace or withdraw an AI Feature because of them without liability. If dojofood withdraws all AI Features, or terminates under Section 11.1, unused purchased AI Credits are credited against your next Software Fees or, where no further Software Fees fall due, refunded.
B7. Liability
AI Features and their outputs are provided "as is" under Section 16 of the Agreement. The exclusions and the cap in Section 16 apply to every claim relating to an AI Feature, an AI output or AI Credits.
Schedule C · Country-Specific Terms
This Schedule is part of the dojofood Subscription Agreement. It contains the terms that apply only to Customers established in a particular country.
C0. How this Schedule works
C0.1 The Part of this Schedule for the country where you are established, as stated in your Order or your account, applies to you. The applicable Part is shown in the acceptance flow together with the Agreement. Your country of establishment, not the language in which you or your Users use the Service, determines the applicable Part.
C0.2 On the matters it covers, the applicable Part prevails over the Agreement and over Schedules A, B and D (Section 20.2). On everything else the Agreement applies unchanged.
C0.3 If there is no Part for your country, the Agreement applies without country-specific terms. dojofood may add or change a Part under Section 18.
Part 1 · Türkiye
Applies to Customers established in Türkiye.
C1.1 Language. dojofood provides this Agreement, this Schedule, the User Terms and the acceptance flow in Turkish. For the purposes of Law No. 805 on the Compulsory Use of Turkish in Commercial Enterprises, the Turkish version is the principal text and prevails in case of difference with the English version. You and your Users may use the Service in any language dojofood offers; that choice does not affect this Section.
C1.2 Taxes and invoices. dojofood, Inc. is established in the United States and invoices you from there; it does not issue a Turkish e-Fatura or e-Arşiv invoice. You self-assess the value added tax on the Fees by reverse charge (KDV return no. 2) at your own cost and may deduct it under the general rules. If a withholding tax is imposed on a payment to dojofood, Section 5.3 (gross-up) applies and you give dojofood the official withholding receipt.
C1.3 Currency and prices. Fees may be stated in Turkish lira, in United States dollars or in euro. dojofood may state lira prices by reference to a foreign currency and invoice the lira amount at the exchange rate on the invoice date, and may change the currency of the Price List that applies to you at a renewal. A lira amount that changes only because the exchange rate moved is not a price change under Section 5.4 and needs no notice. Section 5.4 applies to every other adjustment.
C1.4 Late payment. Section 6.6 applies. If a court applies a statutory ceiling to the rate in Section 6.6, the rate is reduced to that ceiling, and in any case the interest is never lower than the advance interest rate under Law No. 3095.
C1.5 Fiscal devices and e-documents. In Türkiye the fiscal receipt is produced by your fiscal cash register (ÖKC), and e-documents (e-Fatura, e-Arşiv, e-Adisyon) are issued and stored through the private integrator you use. dojofood is not an ÖKC, a trusted service manager (TSM) or a private integrator, and has no duty toward the Revenue Administration for your devices, documents or declarations. You alone keep your books, Z-reports, adisyon, invoices and e-documents for the periods the Tax Procedure Law, the Commercial Code and the e-document rules of the Revenue Administration require. ÖKC devices are activated, registered, sealed and serviced only by the manufacturer's authorised service under the rules of the Revenue Administration; you are the taxpayer responsible for the device. The Service does not force you to connect your ÖKC, payment terminal or private integrator; without a connection they work independently of the Service, and Section C1.11 says why, in Türkiye, you must nevertheless connect before you record live sales. Where you connect them, the Service sends the data in Section 9.6(a), including the KDV rate, the unit code and the fiscal group (department or product group) you assigned, to your ÖKC through the connection its manufacturer provides and to your payment terminal, and may request your private integrator to issue the e-Adisyon, e-Fatura or e-Arşiv document for the sale through the integrator's interface. The ÖKC, the TSM and the integrator produce, sign, number, store and report those documents; Section 9.6 says who answers for the data, the mapping and the document. You set and check the KDV rates, unit codes and fiscal groups and reconcile Z-reports and e-documents with the Service's records at each daily closing.
C1.6 Hardware. Hardware is the exception to Section C1.2: in Türkiye it is sold and invoiced in Türkiye, in lira and with Turkish VAT, by the seller under Section 9.4, a company related to dojofood acting only as a reseller, under that seller's own hardware sales terms. Section 9.4 applies.
C1.7 Notices. Notices to you are sent in Turkish, or in Turkish and English. Where Article 18/3 of the Commercial Code requires a notice between merchants to be sent by notary, by registered mail with return receipt or by registered electronic mail (KEP), dojofood may also send the notice in that form, directly or through a representative in Türkiye, in addition to e-mail and in-Service notice (Section 20.3).
C1.8 Disputes. Section 19.1 (Delaware law) applies. In place of the Delaware courts in Section 19.3, any dispute not resolved under Section 19.2 is finally settled by arbitration under the Arbitration Rules of the Istanbul Arbitration Centre (ISTAC), by a sole arbitrator seated in Istanbul, under the fast-track rules where the amount allows. The language of the arbitration is Turkish unless the parties agree on English. The award is final and binding. The rules in Section 19.3 on collecting undisputed sums at the debtor's domicile and on injunctive relief, and Section 19.5, continue to apply.
C1.9 Support. Support is provided in Turkish and English. The support hours in Schedule A3 and the maintenance window in Schedule A7.2(a) are in Türkiye time; the maintenance window is normally 03:00 to 06:00.
C1.10 Merchant status. You confirm that you are a merchant acting for your commercial enterprise and that Law No. 6502 on Consumer Protection does not apply to this Agreement.
C1.11 Connecting your ÖKC or Communiqué 507 device is required by law, not a product option. Turkish tax law requires a business that makes retail sales to document each sale through a new-generation payment recording device (ÖKC) or, where the law allows it instead, through an e-document system. The rules are in the Tax Procedure Law No. 213, Law No. 3100 on the obligation to use payment recording devices and the Tax Procedure Law General Communiqués issued by the Ministry of Treasury and Finance through the Revenue Administration on new-generation payment recording devices and on the secure mobile payment and electronic document management system (in particular Communiqués No. 426, 483 and 507, as amended, and the Administration's technical guides and announcements). Under those rules a business that records its retail sales in a sales application such as the Service must run that application connected to the system that documents its sales: its new-generation ÖKC, a device operating under the Communiqué No. 507 system (a "507 device") or, where the business is exempt from using an ÖKC because it documents every retail sale by an e-Arşiv invoice, the e-document integrator that issues it. Each sale recorded in the application must then be documented, for that sale, by the ÖKC's receipt or by the e-document. "Connection" in this Section and in Section 17(g) means a connection to whichever of these your law requires of you. These connections are built-in integrations included in every plan under Section 5.7; dojofood charges no fee of its own for them, and the charges of the device manufacturer, its TSM, your payment institution or your e-document integrator are between you and them (Sections 5.7, 9.1 and D8). You therefore connect every ÖKC, 507 device or e-document integrator you use at each Location to the Service before you record live sales in it, keep each connection in service, and record no live sale outside it. If a device or system is out of service, you follow the Revenue Administration's rules for that case and tell dojofood; the interval is a provider matter under Section 9.6(d). The statement in Section 9.6(a) that a connection is your choice describes the Service, not your legal duty. If you record sales in the Service without the required connection, or with a connection you did not keep in service, every consequence is yours alone: assessments, tax loss penalties, special irregularity fines, interest and every other sanction, toward you and toward dojofood. Recording a sale without the required connection is a breach of your tax law and of this Agreement; dojofood accepts no responsibility for it or for its consequences. A connection that fails because of a defect in the Service is a matter under Section 9.6(b), and nothing in this Section covers dojofood's own fraud, wilful misconduct or gross negligence (Section 16.5). If any of these sanctions is imposed on dojofood, a company related to it or a Partner for that reason, you reimburse it in full on first demand, together with the costs of defending it (Section 17(g)); dojofood tells you promptly of any such claim and lets you use the objection and appeal routes the law gives. You accept these risks and consequences in advance by accepting this Agreement. dojofood has no duty to check, warn or block before a sale is recorded; any check or warning the Service may show is an aid and does not move this responsibility (Section 9.6(c)).
Schedule D · Professional Services
This Schedule is part of the dojofood Subscription Agreement. It applies to every Professional Service in your Order. Where the Order and this Schedule differ on scope, quantity or price, the Order prevails.
D1. General rules
D1.1 Only what the Order says. dojofood provides a Professional Service only when it is listed in your Order, in the quantity, scope and price stated there. Anything not listed is not included and may be quoted separately. A Partner may deliver a Professional Service on dojofood's behalf, or may sell its own services to you under its own terms; the Order shows which.
D1.2 Scheduling. Dates and times are agreed with you after the Order is confirmed and, for remote services, after your account is set up. Dates are planned, not guaranteed; dojofood may reschedule for availability, travel or technical reasons. A session you cancel or move with less than two business days' notice, or where your staff, premises, devices or data are not ready at the agreed time, may be charged as delivered, and a new session is a new line.
D1.3 What you provide. For every Professional Service you provide, in time and at your cost: a decision-maker and the staff who will take part, access to your premises, network, devices and existing systems, the data and documents in the format dojofood asks for, working internet and power, and any licences or consents needed for dojofood to use your data or systems.
D1.4 Fees and expenses. Professional Services are charged as stated in the Order: per session, per visit, per day, per Location, per connection or as a fixed price. Travel, accommodation and subsistence for on-site services outside the city of dojofood's or the Partner's base are charged in addition at cost unless the Order states otherwise. Fees for Professional Services are not Software Fees, are invoiced as the Order states (in advance unless agreed otherwise) and are not refundable once the service has been scheduled or delivered.
D1.5 Completion and acceptance. A Professional Service is complete when dojofood tells you so or when you start using its result in live operation. If you believe the service was not delivered as described in the Order, say so in writing within five business days with details; otherwise it is accepted. dojofood's only obligation for a justified complaint is to correct or redo the affected part.
D1.6 No result guarantee. dojofood performs Professional Services with reasonable skill and care. dojofood does not promise a particular business result, that your staff will reach a particular level of proficiency, or that your existing data or systems are suitable. Sections 16 and 17 of the Agreement apply to Professional Services, and the cap in Section 16.4 is not increased by Professional Services fees.
D1.7 Materials. Training materials, configuration templates, import tools and any other work product dojofood uses or creates for a Professional Service remain dojofood's property and may be reused for other customers. You may use them for your own operation.
D2. Setup and installation
D2.1 Remote setup. Where your Order includes remote setup, dojofood or your Partner guides you through, or performs remotely, the account configuration steps described in the Documentation: Locations, Users and roles, catalog structure, printer and device pairing, channel connections and basic settings. It is done by video call, remote session or ticket, during support hours, in the number of sessions stated in your Order. It does not include entering your menu or customers, building custom reports or integrations, or work on your devices beyond the pairing steps in the Documentation.
D2.2 On-site installation. Where your Order includes on-site installation, a technician visits the Location on the agreed date, performs the setup in D2.1 on site, places and pairs the devices you bought and connects them to your network and printers. The visit covers what fits in the time stated in the Order; additional time or a further visit is charged as stated there. Your network, cabling, internet, power and furniture must be ready. The technician does no electrical or network cabling work and does not repair devices. Hardware stays under the manufacturer's warranty and Section 9.4 of the Agreement; a device fault found during installation is handled under the hardware sales terms.
D3. On-site service visits
Where your Order includes on-site service, dojofood or your Partner sends a technician to your Location on the agreed date for the purpose stated in the Order, for example re-configuration, pairing of a replacement device, go-live assistance or a health check. Visits are charged per visit or per day as stated. A visit does not change the support rules in Schedule A and is not a substitute for Premium Support.
D4. Training
D4.1 Training is delivered remotely or on site, in the number and length of sessions stated in the Order, for the roles stated there (for example managers, cashiers, waiters, kitchen staff), in the languages dojofood supports for your country. A session is for the participants present; staff who miss it are trained in a new session, charged as stated. dojofood may record remote sessions for its own quality purposes. dojofood does not certify staff and is not responsible for how your staff apply the training.
D5. Data migration
D5.1 Scope. Where your Order includes data migration, dojofood moves the data types stated in the Order (typically menu, categories, products and product options, and customer records) from your current system into your dojofood catalog, once per Location unless the Order says otherwise. Sales history, stock levels, accounting records, images and anything not listed are not migrated unless the Order says so.
D5.2 Your data. You provide an export from your current system in a format dojofood can read, or working access to that system, and you confirm that you have the right to give dojofood that data. dojofood migrates the data as it finds it; it does not correct, complete, translate or verify your data. Errors, gaps and duplicates in the source appear in the result.
D5.3 Review and sign-off. dojofood shows you the migrated catalog. You check it, in particular names, prices, tax rates, modifiers, allergens and customer records, and confirm it in writing or by starting to use it in live operation. From that moment the catalog is yours to maintain and the migration is complete under D1.5. dojofood is not responsible for a price, a tax rate or a product that you did not check.
D5.4 Your source stays with you. Keep your current system and its data available until you have signed off. dojofood may delete your source files once the migration is complete and is not a backup for them.
D6. Integrations with third-party systems
D6.1 Where your Order includes an integration with an accounting package or another external system, the system, the data, the direction and the frequency of the exchange are written down before dojofood starts, and that description is the scope. Each connection is a separate line.
D6.2 An integration depends on the other system: its interface, its licence, its data quality and its provider's cooperation. You obtain the access, licences and permissions dojofood needs from that provider. If the provider changes or withdraws its interface, the integration may stop working; adapting it is new work and may be charged. dojofood does not warrant the other system or the accuracy of the data it sends or receives. Section 9 of the Agreement applies.
D7. Premium Support
Premium Support is an add-on under Section 13.2 and Schedule A, bought per Location per month. It is not a Professional Service and D1 does not apply to it. It adds channels, hours and faster targets; it does not add any guarantee.
D8. Third-party services arranged through dojofood
Where dojofood or your Partner arranges, activates or invoices a third-party service for you, for example e-document credits, the activation or trust service of a fiscal device, or a payment service, the service is provided by the third party under its own terms and prices, which may change. dojofood passes on the charges, helps with the activation steps in the Documentation and does nothing more. Credits or packages of a third-party service bought through dojofood are not refundable by dojofood. Section 9 of the Agreement applies.
End of the dojofood Subscription Agreement and Schedules A, B, C and D. Hardware is sold separately, by dojofood or a related company acting only as a reseller, under separate hardware sales terms, and is not part of this Agreement (Section 9.4). Each User accepts the dojofood User Terms separately (Section 4.6).