Terms of Service

"Agreement" means these Terms of Service together with any Order, the Data Processing Agreement (DPA) and any documents expressly incorporated by reference.

"Service" means the DinerOps software-as-a-service platform for restaurant reservation management, floor planning, work hours and related features, including the web application, mobile applications, APIs and related documentation.

"Customer", "you" and "your" mean the business entity that creates an Account to use the Service.

"DinerOps", "we", "us" and "our" mean Velar Labs Oy (Business ID: 3613049-9), a company incorporated in Finland, operating the DinerOps Service.

"Account" means a unique account enabling Customer and its Authorized Users to access the Service.

"Authorized User" means an individual employee, contractor or other person acting on Customer’s behalf who is authorised by Customer to use the Service under Customer’s Account.

"Customer Data" means any data, content or materials (including Personal Data) that Customer or its Authorized Users submit to the Service or that are processed on Customer’s behalf through the Service.

"Personal Data" has the meaning given in the GDPR and refers to Personal Data included in Customer Data or otherwise processed in connection with the Service.

"Subprocessor" means any third party engaged by DinerOps to process Personal Data on behalf of Customer in connection with the Service.

"Order" means an online order, subscription selection, or other ordering document referencing this Agreement and specifying the subscribed plan, scope and fees.

These Terms of Service govern Customer’s access to and use of the Service. By creating an Account, clicking "I agree" (or similar) or using the Service, Customer agrees to be bound by this Agreement.

If you accept this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

The Agreement is concluded when DinerOps confirms Customer’s Order or activates the Account.

The Service is intended for business customers only. Customer represents that it is not acting as a consumer.

If, despite this, a user qualifies as a consumer under applicable law, nothing in this Agreement limits such mandatory consumer rights. In case of conflict between this Agreement and mandatory consumer law, mandatory law prevails for that user.

Customer must ensure that Account information is accurate and kept up to date and is responsible for keeping login credentials confidential. Customer is responsible for all activities under its Account, including actions of Authorized Users.

Customer shall promptly notify DinerOps of any actual or suspected unauthorised access to the Account at support@dinerops.com.

The Service is provided on a subscription basis according to the selected plan and features described in the relevant Order. DinerOps may offer free trials or promotional plans as described at sign-up. At the end of a trial, the subscription will either terminate or convert to a paid plan as described in the Order.

Customer may upgrade or downgrade its plan as permitted in the Service interface or by agreeing a new Order. Changes in plan may affect fees and available features.

Customer shall pay all fees in the currency and using the payment method specified in the Order. Subscriptions are typically billed in advance on a recurring basis (for example monthly or annually). Fees are non-refundable except where this Agreement expressly provides otherwise or where required by mandatory law.

Prices exclude VAT and other applicable taxes, which will be added where required by law. Customer is responsible for such taxes, excluding taxes based on DinerOps’ income.

Customer authorises DinerOps and its payment processors to charge all applicable fees using the provided payment method and shall ensure valid payment details are kept up to date.

If fees are overdue, DinerOps may charge interest at the maximum rate permitted by law and, after reasonable notice, may suspend access to the Service until payment is received.

DinerOps may change prices for new subscription periods by giving at least 30 days’ notice before the start of the next billing period. Customer’s continued use after the effective date constitutes acceptance of the new prices.

Subscriptions auto-renew for successive periods equal to the initial term unless cancelled by Customer before the end of the current term.

Customer may cancel renewal in the Account settings or by contacting support@dinerops.com, effective at the end of the then-current subscription term. No refunds are provided for partial subscription periods except where required by mandatory law.

Customer shall, and shall ensure that Authorized Users shall, use the Service only in accordance with this Agreement, the Documentation and applicable law.

Customer is solely responsible for the accuracy, quality and legality of Customer Data and for ensuring it has a valid legal basis under GDPR or other applicable data protection laws to process and disclose Personal Data via the Service.

Customer shall obtain all notices and consents from data subjects as required and shall not upload special categories of Personal Data or criminal offence data unless expressly agreed in writing and appropriately protected under the DPA.

DinerOps may update or modify the Service from time to time, including by adding, changing or removing features, provided that such changes do not materially reduce the core functionality purchased under an active subscription.

DinerOps may perform scheduled maintenance that may temporarily affect availability and will use reasonable efforts to schedule maintenance during low-usage periods and provide notice where practicable.

Unless otherwise agreed in writing, DinerOps does not provide a guaranteed service level. If a service level agreement is agreed, it will be set out separately; otherwise, no SLA is currently offered.

DinerOps provides standard support to paying Customers via email at support@dinerops.com.

As between the parties, Customer retains all rights, title and interest in and to Customer Data.

Customer grants DinerOps a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Customer Data solely to provide, maintain and improve the Service, prevent or address technical or security problems, comply with legal obligations and generate aggregated and anonymised analytics that do not identify Customer or data subjects.

For Personal Data processed via the Service, Customer is the controller (or, where applicable, a processor to its own controller) and DinerOps is a processor.

The Data Processing Agreement (DPA), available at /dpa or otherwise provided to Customer, forms an integral part of and is incorporated into this Agreement. In case of conflict between this Agreement and the DPA regarding Personal Data processing, the DPA prevails.

DinerOps and its licensors retain all rights, title and interest (including intellectual property rights) in and to the Service, Documentation, underlying software, designs and know-how, including any modifications or improvements.

Subject to timely payment of applicable fees, DinerOps grants Customer a limited, non-exclusive, non-transferable, non-sublicensable licence during the subscription term to access and use the Service and Documentation for Customer’s internal business purposes in accordance with this Agreement.

If Customer or Authorized Users provide feedback, suggestions or ideas regarding the Service, DinerOps may use such feedback without restriction or compensation.

Each party shall use the other party’s Confidential Information only for the purposes of this Agreement, protect it with at least reasonable care and not disclose it to any third party except to its Affiliates, employees, contractors or professional advisers who need to know and are bound by confidentiality obligations at least as protective as those in this Agreement.

The Service may enable Customer to connect with or use third-party products or services. DinerOps does not control and is not responsible for third-party services; use of such services is solely between Customer and the applicable third party under their terms and privacy policies.

DinerOps implements technical and organisational measures to protect the Service and Personal Data as described in the DPA. No online service can be completely secure and DinerOps cannot guarantee absolute security. Security incident handling and notification obligations are described in the DPA.

DinerOps may suspend or restrict access to the Service, in whole or in part, if Customer fails to pay fees when due, DinerOps reasonably believes that Customer or an Authorized User is violating this Agreement, Customer’s use causes or is likely to cause a security risk, service disruption or legal liability, or DinerOps is required by law or by a competent authority. DinerOps will restore access as soon as the cause of suspension is remedied.

This Agreement enters into force when Customer first accepts it and continues for as long as Customer has an active subscription.

Either party may terminate for cause with immediate effect if the other party materially breaches this Agreement and fails to cure within 30 days of written notice.

Upon termination or expiration of the Agreement, Customer is responsible for exporting its Customer Data from the Service.

After the export period, DinerOps will delete or anonymise Customer Data from active systems, subject to retention of limited data in backups and retention as required by applicable law.

DinerOps will provide the Service with reasonable skill and care. Except as expressly stated, the Service is provided "as is" and "as available" to the maximum extent permitted by law.

Nothing limits liability that cannot be limited under applicable law.

To the maximum extent permitted by law, neither party is liable for indirect or consequential damages.

Aggregate liability shall not exceed the fees paid in the twelve (12) months preceding the event giving rise to the claim.

Customer shall indemnify DinerOps from third-party claims arising out of Customer Data or breach of this Agreement.

DinerOps shall defend Customer against third-party IP infringement claims regarding the Service, subject to prompt notice and cooperation.

Formal notices must be in writing and sent by email to support@dinerops.com (to DinerOps) and to the email address associated with Customer’s Account (to Customer).

Customer may not assign this Agreement without DinerOps’ prior written consent, except to a successor in a merger, acquisition or sale of substantially all assets.

Neither party is liable for failure or delay caused by events beyond its reasonable control.

This Agreement constitutes the entire agreement between the parties regarding the Service. DinerOps may modify these Terms from time to time with notice; material changes take effect no earlier than 30 days after notice.

This Agreement is governed by the laws of Finland, excluding conflict-of-law rules.

Disputes shall be resolved by the courts of Finland, subject to mandatory law.