Terms of Service

1. Who we are

Dyne is operated by Cesar Ian Lesmoras, an individual based in Pagadian City, Philippines, trading as “Dyne” (“Dyne”, “we”, “us”). “You” means the restaurant, resort, bar or other business that creates a Dyne account, and the person who creates it on the business's behalf.

Dyne lets you publish a menu that guests open by scanning a QR code at their table. Guests can order and call for a waiter or the bill, and the order appears on your kitchen and staff screens (the “Service”). Guests who order through your menu do not agree to these terms. Their relationship is with you, and our Privacy Policy explains how their information is handled.

2. Accepting these terms

By creating an account, with an email address or with Google, or by using the Service, you agree to these terms, our Privacy Policy and our Refund Policy. If you don't agree, please don't use Dyne.

3. Your account

• You must be at least 18 and use Dyne for a business. If you sign up for a business, you confirm you have authority to accept these terms for it.
• Give us accurate details, and keep your restaurant name and contact email up to date.
• Managers can create logins for staff. You are responsible for everything done through your account and your staff logins, and for removing staff who should no longer have access.
• Keep passwords private, and tell us straight away at support@dyne.menu if you think someone has accessed your account without permission.

4. Free trial

New restaurants get a 14-day free trial with no card needed. If you have not subscribed by the end of the trial, your guest menu stops taking orders and the back office shows only the Billing page until you subscribe. Your menu and settings are kept, so you can pick up where you left off. We may change or end the trial offer for new sign-ups at any time.

5. Plans, payment and Paddle

Dyne costs $10 a month or $100 a year, in US dollars, plus any sales tax or VAT that applies where you are.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. When you subscribe, you buy from Paddle, and Paddle's Buyer Terms also apply to the purchase. Paddle takes your payment, collects tax and sends your invoices. We never see your full card details.

• Renewal. Subscriptions renew automatically at the end of each month or year until you cancel.
• Cancelling. Cancel anytime from Billing → Manage billing. Cancellation takes effect at the end of the period you have paid for, and you keep access until then. Nothing more is charged.
• Failed payments.If a renewal fails, Paddle will retry and your restaurant stays open while it does. If payment still can't be collected, the subscription is cancelled and your restaurant is disabled as described in section 4.
• Price changes. We will email you at least 30 days before a price change. It applies from your next renewal after the notice period, and you can cancel before then.
• Refunds. You can get a full refund within 14 days of any charge. See our Refund Policy.

6. Your restaurant and your content

You own everything you put into Dyne: your menu, prices, descriptions, photos, logo and table names (“Your Content”). You allow us to store, copy, display and process Your Content only as needed to run the Service, for example to show your menu to guests who scan your codes. You confirm you have the right to use Your Content and that it doesn't infringe anyone else's rights.

You are responsible for running your business, including:

• The accuracy of your menu, prices, availability, and allergen and dietary information. Dietary tags are labels you choose, and we do not check them.
• The food and drink you serve, fulfilling and taking payment for orders, and any taxes, receipts and licences that apply to your business.
• Following the food-safety, consumer-protection, data-privacy and other laws that apply to you. Dyne is order-only: it does not take guest payments or replace your POS.

7. Guest data

Orders, notes and waiter or bill requests that guests send through your menu belong to your restaurant. Under the Philippine Data Privacy Act of 2012 and similar laws, you are the controller of that information and we process it for you, only to run the Service and as described in our Privacy Policy. You are responsible for giving guests any privacy notice your local law requires. We keep guest data confidential, protect it with reasonable security, and tell you without undue delay if we learn of a breach affecting it.

8. Acceptable use

You agree not to:

• use Dyne to sell anything illegal where you operate, or for any unlawful, deceptive or harmful purpose;
• upload content that infringes someone else's rights, or that is abusive, hateful or obscene;
• try to access another restaurant's data, get around access controls or billing, or probe, scan or overload the Service;
• copy, resell or reverse-engineer the Service, or scrape it by automated means;
• upload malware or other harmful code.

9. Our property

The Dyne software, design, name and logo belong to us. These terms let you use the Service while your account is active, and give you no other rights to it. If you send us feedback or ideas, we may use them without owing you anything.

10. Availability and changes

We work hard to keep Dyne running and fast, but we don't guarantee it will always be available or free of errors. Dyne depends on the internet, your devices and networks, and providers such as our hosting, database and notification services. We may need to take the Service down for maintenance. We may also add, change or remove features. If a change significantly reduces what you pay for, we will tell you in advance and you can cancel.

11. Suspension and ending your account

You can stop using Dyne at any time. To close your account and delete its data, email support@dyne.menufrom the account's email address. Before deletion, we can send you a copy of your menu on request.

We may suspend or close your account if you seriously or repeatedly break these terms, don't pay, put the Service or other users at risk, or if the law requires it. Where reasonable, we will warn you first and give you a chance to fix the problem. If we close your account without a breach on your part, we will refund any unused part of a prepaid period.

12. Disclaimers

Except as these terms expressly say, the Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Dyne does not guarantee any number of orders, any amount of revenue, or that guests will use it.

13. Limitation of liability

To the fullest extent the law allows:

• We are not liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, orders, goodwill or data, even if we were told they were possible.
• Our total liability for all claims relating to Dyne is limited to the amount you paid for Dyne in the 12 months before the event that caused the claim.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud, bad faith, gross negligence or wilful misconduct.

14. Indemnity

You will cover our reasonable costs and losses from claims by third parties, including your guests and staff, that arise from Your Content, the food, drink and service you provide, your handling of guest data, or your breach of these terms or the law.

15. Changes to these terms

We may update these terms as Dyne grows. For a material change, we will email account holders at least 30 days before it takes effect, and update the date at the top of this page. If you keep using Dyne after the change takes effect, you accept the new terms. If you don't accept them, you can cancel before then.

16. Governing law and disputes

These terms are governed by the laws of the Republic of the Philippines. If you have a problem, please contact us first. Most issues can be solved by email, and we will try in good faith to resolve any dispute within 30 days. If we can't, the courts of Pagadian City, Philippines have exclusive jurisdiction, unless the law where you are based gives you a right to bring a claim locally.

17. General

• These terms, the Privacy Policy and the Refund Policy are the whole agreement between you and us about Dyne.
• If any part is found unenforceable, the rest still applies.
• If we don't enforce a right straight away, we haven't given it up.
• You may not transfer your account without our consent. We may transfer these terms to someone who takes over Dyne, and they will remain bound by them.
• We will send notices to your account email. You can reach us at support@dyne.menu.