Merchant Terms of Service

Terms governing the use of Servly by restaurant partners, including obligations, data handling, and subscription terms.

Version 1.0 · Effective April 2026

For Restaurant Partners

Definitions & Nature of Relationship
Servly's Obligations
Restaurant's Obligations
Subscription & Payment
Intellectual Property
Data Protection & Privacy
Disclaimers & Limitation of Liability
Indemnification
Termination
General Provisions

1. Definitions & Nature of Relationship

Key Definitions

Platform	The Servly technology platform, including the customer-facing Hermes PWA, the staff-facing Apollo Dashboard, and all associated APIs and services.
Customer	Any individual who uses the Platform to interact with the Restaurant (browse menu, place orders, etc.).
Customer Data	Personal data of Customers processed through the Platform in the context of the Restaurant's operations, including names, phone numbers, dietary preferences, allergen information, and order history.
Staff	Employees or agents of the Restaurant who are granted access to the Apollo Dashboard.
Subscription Fee	The periodic fee payable by the Restaurant to Servly as per the selected plan.
Content	All menu items, images, descriptions, pricing, tax configuration, and other business information uploaded by the Restaurant to the Platform.

Nature of Relationship

        Servly is a TECHNOLOGY SERVICE PROVIDER
        Servly does NOT prepare, cook, handle, store, or deliver food
Servly does NOT employ or supervise the Restaurant's staff
Servly does NOT set or control menu prices, discounts, or offers
Servly does NOT act as a food business operator under the Food Safety and Standards Act, 2006
Servly does NOT process payments on behalf of the Restaurant (v1.0 — cash only)
Servly does NOT make any representations about the Restaurant's food quality, hygiene, or compliance status

      

This Agreement does not create an employer-employee, principal-agent, partnership, joint venture, or franchise relationship between the Parties.

No exclusivity: The Restaurant is free to use competing platforms, its own ordering systems, or any other technology simultaneously. Servly does not interfere with the Restaurant's pricing — the Restaurant has full and sole control over menu prices, discounts, offers, and tax configuration.

2. Servly's Obligations

Platform Access

Servly shall provide the Restaurant with access to the Platform as per the selected subscription plan, including:

(a) QR code generation for tables
(b) Digital menu management
(c) Order management and kitchen display system
(d) Billing and invoice generation
(e) Basic analytics and reporting
(f) Customer profile integration (with customer consent)

Uptime

Servly shall use commercially reasonable efforts to maintain Platform availability. Servly does NOT guarantee 100% uptime and shall not be liable for scheduled maintenance, internet connectivity issues at the Restaurant's premises, device/hardware failures, force majeure events, or third-party service outages.

Security

Servly shall implement reasonable security safeguards as required by the Digital Personal Data Protection Act, 2023, including:

(a) Encryption in transit (HTTPS/TLS)
(b) Database-level tenant isolation (PostgreSQL Row Level Security)
(c) Encrypted authentication tokens (HttpOnly cookies)
(d) Rate limiting and abuse prevention
(e) Immutable audit logging

Data Breach Notification

In the event of a data breach affecting the Restaurant's data, Servly shall notify the Restaurant within 72 hours of becoming aware of the breach, in accordance with the DPDP Act, 2023.

3. Restaurant's Obligations

Compliance with Laws

The Restaurant shall, at all times, comply with:

(a) Food Safety and Standards Act, 2006, and FSSAI regulations
(b) All applicable food hygiene, safety, and quality standards
(c) GST Act and all applicable tax laws
(d) Labour laws applicable to its employees
(e) Local licensing and permit requirements
(f) The Digital Personal Data Protection Act, 2023

FSSAI License

The Restaurant represents and warrants that it holds a valid FSSAI license/registration and shall maintain it throughout the term of this Agreement. The Restaurant shall provide its FSSAI license number for display on the Platform.

Menu Accuracy

The Restaurant is SOLELY RESPONSIBLE for: accuracy of menu item descriptions, ingredients, and allergen declarations; accuracy of dietary tags (Veg/Non-veg/Egg/Jain/Vegan); accuracy of pricing and tax configuration; and keeping the menu up to date. Servly displays information AS PROVIDED by the Restaurant and does not verify, audit, or guarantee its accuracy.

Food Quality and Safety

The Restaurant acknowledges and agrees that:

(a) Servly has NO ROLE in food preparation, handling, storage, or service
(b) The Restaurant is SOLELY LIABLE for food quality, safety, hygiene, and compliance with FSSAI standards
(c) Any complaint, claim, or legal proceeding related to food quality, food poisoning, contamination, allergen exposure, or hygiene shall be the SOLE RESPONSIBILITY of the Restaurant
(d) The Restaurant shall NOT implicate Servly in any food safety dispute, complaint, or legal proceeding arising from the Restaurant's food or service

Staff Management

The Restaurant shall create staff accounts only for authorized employees, ensure each staff member uses their own unique credentials (phone + PIN), immediately deactivate accounts of terminated or departed staff, and be solely responsible for any actions taken by its staff on the Platform.

Customer Data Protection

The Restaurant shall NOT: export, download, or copy Customer Data for use outside the Platform; use Customer Data for unsolicited marketing or spam; share Customer Data with third parties; or attempt to contact Customers for purposes unrelated to their orders. Any breach of this clause shall be a MATERIAL BREACH and shall entitle Servly to immediately terminate the Agreement.

Content Ownership

The Restaurant retains ownership of its Content (menus, images, descriptions). By uploading Content to the Platform, the Restaurant grants Servly a non-exclusive, royalty-free license to display, process, and store the Content for the purpose of providing the Platform services.

4. Subscription & Payment

        ZERO COMMISSION MODEL
        Servly charges a flat subscription fee per restaurant
There is NO commission on individual orders
There is NO revenue share and NO transaction fee
You keep 100% of your order revenue

      

Payment Terms

Subscription fees are payable monthly or annually in advance. All amounts are in Indian Rupees and inclusive of GST.

Late Payment

(a) If payment is not received within 15 days of the due date, Servly may send a payment reminder
(b) After 30 days, Servly may suspend Platform access until payment is received
(c) After 60 days, Servly may terminate this Agreement

Price Changes

Servly may revise subscription pricing with 60 days' written notice. The Restaurant may terminate this Agreement if it does not accept the revised pricing.

Refunds

Subscription fees are non-refundable except as required by law or as expressly agreed in writing.

5. Intellectual Property

The Platform, including its software, algorithms, design, branding, trade names, trademarks, and documentation, is the exclusive intellectual property of Servly. The Restaurant is granted a limited, non-exclusive, non-transferable license to use the Platform during the term of this Agreement.

Restrictions

The Restaurant shall NOT:

(a) Reverse engineer, decompile, or disassemble any part of the Platform
(b) Copy, modify, or create derivative works of the Platform
(c) Sublicense, sell, or transfer access to the Platform to any third party
(d) Remove or obscure any proprietary notices on the Platform
(e) Use Servly's name, logo, or branding without prior written permission

6. Data Protection & Privacy

Joint Data Fiduciary

For the purposes of the DPDP Act, 2023:

(a) Servly is the primary Data Fiduciary for the cross-restaurant Customer profile (name, phone, dietary preferences, allergens)
(b) The Restaurant is a joint Data Fiduciary for Customer Data generated within the Restaurant's tenant scope (orders, visit history, etc.)
(c) Both Parties shall comply with their respective obligations under the DPDP Act

Customer Consent

Servly obtains consent from Customers at the time of registration, covering both Servly's processing and the Restaurant's processing of data for order fulfillment. The Restaurant shall not process Customer Data for any purpose beyond what is covered by this consent.

Data Breach

If the Restaurant becomes aware of any actual or suspected data breach involving Customer Data (e.g., staff sharing Customer phone numbers, unauthorized access to the Dashboard), the Restaurant shall notify Servly within 24 hours, cooperate with Servly's investigation, take immediate corrective action, and bear all costs and liabilities arising from the breach if caused by the Restaurant's negligence or actions.

Data Retention on Termination

(a) The Restaurant's access to Customer Data shall cease immediately upon termination
(b) Servly shall retain Customer profiles (they belong to the customer, not the restaurant)
(c) Order data within the Restaurant's tenant shall be retained for 3 years (GST compliance), after which it will be anonymized
(d) The Restaurant may request an export of its own business data (menus, settings, aggregate analytics) within 30 days of termination

7. Disclaimers & Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." Servly makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Service Limitations

Servly shall not be liable for:

(a) Loss of business, revenue, or profits arising from Platform downtime, bugs, or errors
(b) Inaccurate information displayed due to incorrect data entered by the Restaurant
(c) Customer disputes arising from food quality, preparation, or service
(d) Internet connectivity issues at the Restaurant's premises
(e) Device or hardware failures at the Restaurant's premises
(f) Actions taken by the Restaurant's staff on or through the Platform
(g) Third-party service outages affecting Platform functionality

Liability Cap

Servly's total aggregate liability under this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total subscription fees paid by the Restaurant to Servly in the 12 months preceding the claim.

In no event shall Servly be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, or business interruption.

Exceptions: Nothing in this Agreement limits liability for fraud or willful misconduct by Servly, death or personal injury caused by Servly's negligence, or breach of Servly's data protection obligations under the DPDP Act, 2023.

8. Indemnification

Restaurant Indemnifies Servly

The Restaurant shall indemnify, defend, and hold harmless Servly from and against any and all claims, damages, losses, liabilities, costs, and expenses arising from or related to:

(a) Food quality, safety, hygiene, or FSSAI compliance issues
(b) Any food poisoning, contamination, or allergen-related claims
(c) Inaccurate menu information, pricing, or allergen/dietary declarations
(d) The Restaurant's misuse or unauthorized disclosure of Customer Data
(e) The Restaurant's breach of any applicable law or regulation
(f) The Restaurant's staff misusing the Platform or their credentials
(g) Any intellectual property infringement in the Restaurant's Content
(h) Tax disputes, GST non-compliance, or incorrect tax configuration
(i) Employment disputes involving the Restaurant's staff
(j) Any claim by a Customer against Servly where the underlying cause is the Restaurant's product or service

Servly Indemnifies Restaurant

Servly shall indemnify the Restaurant from and against any claims arising from:

(a) Infringement of third-party intellectual property rights by the Platform
(b) Data breaches caused solely by Servly's negligence or security failure
(c) Servly's breach of its obligations under the DPDP Act, 2023

9. Termination

By Restaurant

The Restaurant may cancel the subscription at any time. Cancellation takes effect at the end of the current billing period. Upon cancellation, restaurant data will be retained for 90 days, after which it will be permanently deleted unless legally required to retain.

By Servly

Servly may suspend or terminate access if the Restaurant violates these Terms. Servly may also terminate the Platform or any feature at any time with 30 days' notice (or immediately for security reasons or material breach).

Effect of Termination

(a) The Restaurant's right to use the Platform ceases immediately
(b) The Restaurant may request an export of its business data within 30 days
(c) Customer Data access ceases immediately — Customer profiles belong to the customers
(d) Sections on IP, disclaimers, indemnification, and governing law survive termination

10. General Provisions

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement shall be settled by arbitration in Ahmedabad, Gujarat, under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually agreed upon by the Parties.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India. Subject to the arbitration clause above, the courts of Ahmedabad, Gujarat shall have exclusive jurisdiction.

Amendments

Servly may amend these Terms with 30 days' written notice to the Restaurant. Continued use of the Platform after the notice period constitutes acceptance of the amended Terms.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

This Agreement, together with the Privacy Policy and any applicable Order Form, constitutes the entire agreement between the Parties and supersedes all prior agreements, representations, or understandings.

Questions?

For questions about these Merchant Terms, contact us:

Email: [email protected]

Response: Acknowledgment within 48 hours; resolution within 15 business days