Customer terms

1. About these terms

1.1 These terms are an agreement between CAFÉ QR LTD ("Café QR", "we", "us") and the business that signs up ("you"). They apply to the Café QR service: the till, QR and online ordering, kitchen and staff screens, the owner dashboard, and the related apps and features (the "Service").

1.2 These terms are for businesses based in the United Kingdom. The Service is for businesses only: by signing up, you confirm you're acting for a UK business and are authorised to accept these terms for it.

1.3 These terms include our data processing terms (published at cafeqr.app/dpa, in force from the same date as these terms) and our acceptable use rules in clause 6. Our privacy notice explains how we handle information as a controller.

1.4 If these terms conflict with an order form or other written agreement we've signed with you, the signed agreement wins.

2. Your account

2.1 You must give accurate details and keep them up to date.

2.2 You're responsible for your account and everyone you give access to, including staff with logins or PINs, and for what they do in the Service. Keep passwords and PINs private, give each person their own, and remove access when someone leaves.

2.3 Tell us straight away if you think your account has been accessed without permission.

3. Free trial

3.1 New customers get a free trial of 30 days, or the longer period of any published offer you qualify for (clause 3.4). You don't need a card to start.

3.2 If you add a card before the trial ends, your subscription starts when the trial ends and we take the first payment then. If you haven't added a card by the end of the trial, your account pauses and you aren't charged. Your Data is kept for 90 days while the account is paused, and you can add a card at any time in that period to carry on. After 90 days we delete it as our data processing terms describe.

3.3 During the trial you may use features beyond your chosen plan. When the trial ends, you get the features of the plan and add-ons you pay for.

3.4 Published offers. If you sign up under an offer we publish (for example the founding venue offer, with a longer free period and a price locked for a set time), the offer's terms as published on the day you signed up apply to you and override the rest of clause 3 and clause 4.5 for as long as the offer says. We record the offer on your account.

4. Plans, fees and payment

4.1 Fees are per venue (each site or location you use the Service at), for the plan and any add-ons (also called extras) you choose, in pounds sterling, as shown on our pricing page or at checkout when you sign up or change plan. You can pay monthly or yearly.

4.2 You pay through Stripe, by card or another method Stripe offers, in advance for each billing period. Subscriptions renew automatically until cancelled.

4.3 VAT. Our fees are exclusive of VAT. We're not currently VAT registered, so we don't charge VAT at the moment. If we register for VAT, we'll add it at the rate that applies from the date of registration, and tell you before your next payment.

4.4 If a payment fails, Stripe will retry it, and you'll keep access while it does. If payment still can't be taken, we may suspend the Service under clause 12 until it's paid.

4.5 Subject to any published offer that applies to you (clause 3.4), we may change our fees with at least 30 days' notice. A change takes effect from your next billing period after the notice ends. If you don't agree, you can cancel before it takes effect.

4.6 Your guests' payments are yours. When guests pay through the Service, the money goes to your own Stripe account, under your agreement with Stripe. Café QR takes no platform fee and never holds your takings. Stripe's fees and terms apply between you and Stripe.

4.7 Message credit: text messages and other paid messages use your message balance at the prices shown in the Service.

5. The Service

5.1 We'll provide the Service with reasonable care and skill, and keep improving it. We may change, add or remove features, but won't remove a core feature of your paid plan during a billing period you've paid for without offering a fair alternative or a pro-rata refund.

5.2 We aim to keep the Service available at all times, but we don't promise it will be uninterrupted or error-free. We may need short breaks for maintenance or security. Without an internet connection, the till keeps taking cash and payment types you've set up yourself, and sends those sales once the connection is back. Card payments, tabs, manager approvals, QR table ordering and online orders wait for the connection.

5.3 Support is available by email (contact@cafeqr.app), Monday to Friday, 9am to 5pm UK time, except UK bank holidays, and we aim to reply within one working day. You can also message us on WhatsApp at any time; we reply as soon as we can, and within the same one working day aim.

5.4 Third-party services you connect (for example Stripe, delivery apps, accounting software, WhatsApp or AI assistants) are provided by those third parties under their own terms. We're not responsible for them, and they may change or stop working with the Service.

6. Acceptable use

You must not:

1. use the Service unlawfully, or to send spam or messages without the consent the law requires
2. upload anything unlawful, harmful or that you don't have the right to use
3. try to access other customers' data, or test, probe or break the Service's security
4. overload, disrupt, copy, resell or reverse-engineer the Service, except as the law allows
5. use the Service to build a competing product

7. Your responsibilities as a food business

7.1 You stay responsible for running your business lawfully, including food safety, allergen information, food labelling, licensing, health and safety, employment and tax.

7.2 The Service's food safety records, alerts, reminders, safety score and templates help you meet those duties. They don't replace your own checks, your HACCP plan or professional advice, and a safety score is not your Food Hygiene Rating.

7.3 Menus, allergens and labels. You're responsible for all menu, allergen and ingredient information shown to your guests or printed on labels, however it got into the Service: entered by you or your staff, loaded by Café QR for you (for example from a photo of your menu during setup), imported from another system, or read by an AI feature.

7.4 Information loaded by us, imported or read by AI is a draft to help you. It can contain mistakes, and we don't check it against your recipes or suppliers. Before a menu or dish goes live, and whenever you change a dish, recipe or supplier, you must check each dish's allergen and ingredient information against your recipes and your suppliers' labels, and confirm it using the confirmation step in the Service. Dishes that haven't been confirmed are marked as unconfirmed for you.

7.5 You must check and confirm every label before you print or use it, including Natasha's Law labels.

7.6 Staff records: if you keep staff records in the Service (such as sickness and fitness-to-work records), you're the controller and responsible for telling your staff and having a lawful basis. Our templates may help but aren't legal advice.

8. Your data

8.1 Your data stays yours. You own the data you and your guests and staff put into the Service ("Your Data"). You give us the right to use it only to provide, secure and support the Service, and as our data processing terms allow.

8.2 We handle personal data in Your Data as your processor under our data processing terms, which form part of these terms.

8.3 We may use anonymous, aggregated information about how the Service is used (that doesn't identify you, your guests or your staff) to run and improve the Service. We don't sell Your Data or use it to train AI models.

8.4 You can export Your Data using the Service's export tools while your account is open. After your account closes, we delete it as our data processing terms describe.

9. Our intellectual property

9.1 We, or our licensors, own the Service and everything in it apart from Your Data. These terms give you a right to use the Service for your business while your subscription is active; they don't transfer ownership.

9.2 If you send us ideas or feedback, we may use them freely.

10. Confidentiality

Each of us will keep the other's confidential information private and use it only for this agreement, except where the law requires disclosure. This lasts after the agreement ends.

11. Changes to these terms

We may update these terms. We'll give you at least 30 days' notice of changes that are worse for you, by email or in the Service. If you keep using the Service after the change, you accept it; if you don't agree, you can cancel before it takes effect. We may make changes needed by law, or that don't disadvantage you, sooner.

12. Suspension

We may suspend all or part of your access, with notice where reasonable, if:

1. a payment is overdue after Stripe's retries
2. you seriously or repeatedly break these terms
3. it's needed to protect the Service, other customers or the public, or the law requires it

We'll restore access once the reason is resolved.

13. Liability

13.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow to be limited.

13.2 Nothing in clauses 13.3 to 13.7 limits your obligation to pay the fees and other amounts due under these terms, or your liability for breaching clause 6 (acceptable use) or infringing our intellectual property rights.

13.3 Subject to 13.1 and 13.2, neither of us is liable for loss of profits, revenue, business or goodwill, or for any indirect or consequential loss.

13.4 Loss or corruption of data. Subject to 13.1, we're liable for loss or corruption of Your Data only where our breach of these terms or of our data processing terms caused it, and then only for the reasonable cost of restoring it from our backups or, if that isn't possible, of re-entering it. Where the data is personal data, that liability falls within the limit in 13.6; otherwise it falls within the limit in 13.5.

13.5 Subject to 13.1 and 13.2, each party's total liability under or in connection with these terms in any 12 months is limited to the greater of (a) the fees you paid us in the 12 months before the claim and (b) £1,000.

13.6 Subject to 13.1 and 13.2, each party's total liability for breaches of data protection law or of our data processing terms, including loss of personal data, in any 12 months is limited to the greater of (a) three times the fees you paid us in the 12 months before the claim and (b) £3,000. This limit is separate from, and not counted towards, the limit in 13.5.

13.7 We're not liable for losses caused by your failure to meet your legal duties (clause 7), including menu, allergen, ingredient or label information that you haven't checked and confirmed as clauses 7.4 and 7.5 require, by third-party services (clause 5.4), or by events beyond our reasonable control.

14. Ending the agreement

14.1 You can cancel at any time, with no cancellation fee, in the billing portal (Settings → Billing) or by contacting us. Cancellation takes effect at the end of your current billing period, and you keep access until then. Fees already paid aren't refunded, except where clause 5.1, 14.2 or the law says otherwise. Yearly plans are paid upfront for 12 months: if you cancel during the year, you keep access until the year ends, but the rest of the year isn't refunded. We show this before you choose a yearly plan and at checkout.

14.2 We may end the agreement with 30 days' notice for any reason, refunding any fees paid in advance for the period after it ends; or straight away if you seriously break these terms and don't fix it within 14 days of notice, or become insolvent.

14.3 When the agreement ends, your access stops, and we deal with Your Data as clause 8.4 and our data processing terms describe. Clauses that are meant to last (including 8, 9, 10, 13 and 15) continue.

15. General

15.1 Notices: we'll send notices to the account owner's email. Send notices to us at contact@cafeqr.app.

15.2 Neither of us may transfer this agreement without the other's consent, except that we may transfer it to a company that takes over our business, with notice to you.

15.3 If part of these terms is found unenforceable, the rest still applies.

15.4 These terms, with the documents they refer to, are the whole agreement between us about the Service.

15.5 No one else has rights under these terms (Contracts (Rights of Third Parties) Act 1999).

15.6 Events beyond our control: neither of us is liable for a delay or failure caused by events beyond our reasonable control (for example a major outage at a hosting or internet provider, fire, flood, or government action), apart from payment of fees. If an event stops the Service for more than 30 days, either of us may end the agreement with notice, and we'll refund any fees paid in advance for the period after it ends.

15.7 These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.