Terms of Service

Template for counsel review before use. Square brackets mark values to fill in.

These terms are between [Okonomi legal entity] ("Okonomi") and the business that signs up ("Customer"). They apply to the Okonomi restaurant software and related services ("Service"). By creating an account you accept these terms on behalf of the Customer.

1. The Service and plans

1.1 Okonomi provides point of sale, kitchen display and optional modules (tables, inventory, reservations, guest CRM, staff scheduling, analytics and sales channels) according to the plan the Customer selects: Starter, Growth or Pro, plus any add-ons.

1.2 New accounts start with a [14]-day trial. Plan features and limits (devices, locations, menu items) are shown in the product under Settings → Subscription. They may change with [30] days' notice, and a change never removes access to data already entered.

1.3 When a module is switched off, its screens disappear straight away. Its data is kept frozen for [30] days so that turning the module back on restores it. After that the data is archived and later deleted, as described in the Data Processing Agreement.

2. Fees

2.1 Subscription fees are billed [monthly] in advance in INR, plus GST. Add-ons are billed pro rata.

2.2 Unpaid invoices more than [15] days overdue may lead to suspension after written notice. The point of sale keeps working offline for already-paired devices during a [7]-day grace period.

2.3 Payment processing, delivery-platform commissions and messaging (WhatsApp or SMS) charges come from those providers under the Customer's own agreements with them.

3. Customer responsibilities

3.1 The Customer keeps sign-in details safe, assigns staff roles appropriately and is responsible for actions taken with its accounts and devices.

3.2 The Customer is responsible for the accuracy of menus, prices and taxes. It is also responsible for invoices issued to its guests and for complying with food safety, labelling (including allergens), tax and consumer laws.

3.3 The Customer is the Data Fiduciary for guest and staff personal data and gives guests the notices the law requires. The Data Processing Agreement forms part of these terms.

3.4 The Customer must not misuse the Service. That includes attempting to access other customers' data, interfering with security, or sending unsolicited messages.

4. Availability, offline use and support

4.1 Okonomi aims for [99.9]% monthly availability of the cloud service, excluding planned maintenance announced [48] hours in advance.

4.2 The point of sale is designed to keep taking orders and cash or card payments during internet outages. Orders sync when the connection returns. Card payments taken offline are stored and forwarded up to the per-transaction limit the Customer sets, and the Customer bears the risk of declines on those payments.

4.3 Support is available [hours and channels], and on-call for outages [24×7].

5. Data

5.1 The Customer owns its data. It can export orders, reports, payroll and guest data at any time, and for [30] days after the subscription ends.

5.2 Okonomi may use aggregated, de-identified data to operate and improve the Service.

6. Warranties and liability

6.1 The Service is provided with reasonable skill and care. Beyond that, and to the extent the law allows, it is provided "as is".

6.2 Neither party is liable for indirect or consequential losses. Each party's total liability in any 12 months is capped at the fees paid in that period. This cap does not apply to fraud, wilful misconduct, the Customer's payment obligations, or where the law does not allow a cap.

7. Term and termination

7.1 The subscription renews each billing period until cancelled in Settings → Subscription or by notice to [email].

7.2 Either party may terminate for material breach that is not fixed within [15] days of notice.

8. General

These terms are governed by the laws of India. The courts of [city] have exclusive jurisdiction. Notices go to the account owner's email and to [legal@…].