Terms of Service

1. Definitions

The following terms have the meanings set out below when used in these Terms.

2. Acceptance and Eligibility

2.1 Acceptance

By creating an account, accessing the Platform, or using any Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2.2 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract in your jurisdiction. The Platform is intended for business use by hospitality operators and is not intended for personal or consumer use.

2.3 Changes to Terms

Servme may update these Terms from time to time. We will notify you of material changes by email or through a notification in the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of the updated Terms constitutes acceptance of the revised Terms. If you do not agree to the changes, you may terminate your subscription before the effective date.

3. The Platform and Services

3.1 Platform Access

Subject to your compliance with these Terms and timely payment of all fees, Servme grants you a limited, non-exclusive, non-transferable right to access and use the Platform during your subscription term, solely for your internal business operations.

3.2 Subscription Plans

Servme offers multiple Subscription Plans as described on the pricing page at servmeco.com/pricing. The features, usage limits, and fees applicable to your account are determined by your selected plan. Servme reserves the right to modify plan features with reasonable notice.

3.3 Booking Widget and Channels

The Platform includes a customizable booking widget that can be embedded on your website and integrated with third-party booking channels including Google, Instagram, Facebook, Tripadvisor, Zomato, and others. Availability of specific integrations may vary and is subject to the policies of those third-party platforms.

3.4 Onboarding and Support

All Subscription Plans include onboarding with a dedicated account manager and access to 24/7 technical support. Support is provided via the in-platform chat, email, and the Servme Help Center. Servme does not guarantee specific response times outside of agreed SLAs in an Order Form.

3.5 Modifications to the Platform

Servme may add, modify, or discontinue features or functionality of the Platform at any time. Servme will use reasonable efforts to provide advance notice of material changes that may affect your use of the Platform. Servme will not materially reduce the core functionality of a paid Subscription Plan without offering a commensurate adjustment to fees or the right to terminate.

3.6 Downtime and Maintenance

Servme will use commercially reasonable efforts to maintain Platform availability. The Platform may be temporarily unavailable due to scheduled maintenance, emergency maintenance, or circumstances outside Servme's reasonable control. Servme will endeavor to schedule maintenance outside peak hours and will provide advance notice where possible.

4. Accounts and Designated Users

4.1 Account Registration

You must provide accurate, complete, and current information when registering for an account. You are responsible for maintaining the accuracy of your account information and for updating it promptly if it changes.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify Servme immediately at legal@servmeco.com if you suspect unauthorized access to or use of your account.

4.3 Designated Users

You may grant access to the Platform to Designated Users within your organization. You are responsible for ensuring that all Designated Users comply with these Terms. Any act or omission by a Designated User that would constitute a breach of these Terms will be deemed a breach by you.

4.4 Account Suspension

Servme reserves the right to suspend or restrict access to an account if we reasonably believe there has been a breach of these Terms, fraudulent activity, or risk to the security of the Platform or other customers.

5. Fees and Payment

5.1 Subscription Fees

Subscription fees are charged monthly or annually in advance, depending on your selected billing cycle. All fees are stated in US Dollars unless otherwise specified in an Order Form. Fees are exclusive of applicable taxes unless otherwise stated.

5.2 Commission-Free Bookings

Servme does not charge per-cover or per-booking commissions on reservations made through the Platform's direct booking widget. Third-party booking channels may charge their own fees, which are separate from and not governed by these Terms.

5.3 Deposit and Payment Processing

If you use the Platform's payment features to collect deposits or prepayments from Guests, a service fee of [X]% applies per transaction. Payment processing is handled by Servme's third-party payment processors. Servme does not store card payment data on its servers.

5.4 Late Payment

If a payment fails or is not received by the due date, Servme may suspend access to the Platform after providing written notice. Access will be restored promptly upon receipt of outstanding fees. Servme reserves the right to charge interest on overdue amounts at the rate of [X]% per month or the maximum rate permitted by applicable law, whichever is lower.

5.5 Refunds

Subscription fees paid in advance are non-refundable except where required by applicable law or as expressly stated in an Order Form. If you cancel your subscription, you will retain access to the Platform until the end of your current paid billing period.

5.6 Fee Changes

Servme may change Subscription Plan fees by providing at least 30 days' written notice before the start of the next billing period. Your continued use of the Platform after the fee change takes effect constitutes acceptance of the new fees.

6. Acceptable Use

6.1 Permitted Use

You may use the Platform solely for your internal business operations as a hospitality operator, in accordance with these Terms and all applicable laws and regulations.

6.2 Prohibited Activities

You must not:

• Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations, including data protection laws.
• Copy, modify, distribute, sell, or sublicense any part of the Platform or its underlying technology.
• Attempt to reverse engineer, decompile, or extract the source code of the Platform.
• Use automated tools, scripts, or bots to access or scrape data from the Platform without Servme's prior written consent.
• Introduce malicious code, viruses, or any other software that could damage or compromise the Platform or other users' data.
• Use the Platform to send unsolicited commercial communications in violation of applicable anti-spam laws.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Interfere with or disrupt the integrity or performance of the Platform or the data contained therein.
• Attempt to gain unauthorized access to any part of the Platform or its related systems.

6.3 Guest Communications

When using the Platform to communicate with Guests (by email, SMS, or WhatsApp), you are responsible for ensuring that all communications comply with applicable laws, including GDPR, UAE Federal Decree-Law No. 45 of 2021 on Personal Data Protection, CAN-SPAM, and any other applicable marketing and data protection regulations. You must honor Guest unsubscribe and opt-out requests promptly.

7. Guest Data and Privacy

7.1 Ownership of Guest Data

Guest Data belongs to you, the Customer. Servme processes Guest Data on your behalf as a data processor. You are the data controller responsible for determining the purposes and means of processing Guest Data and for ensuring that such processing complies with applicable data protection laws.

7.2 Servme's Use of Guest Data

Servme will process Guest Data only as necessary to provide the Services and as instructed by you. Servme will not sell Guest Data to third parties, use Guest Data for Servme's own marketing purposes, or share Guest Data with other Venues. Servme's data practices are governed by the Servme Privacy Policy at servmeco.com/privacy-policy.

7.3 Data Security

Servme implements industry-standard technical and organizational measures to protect Guest Data against unauthorized access, loss, destruction, or alteration. These measures include encryption in transit and at rest, access controls, and regular security reviews.

7.4 Data Retention

Servme retains Guest Data for the duration of your subscription and for a period of [X] days after termination, after which it will be deleted or anonymized unless a longer retention period is required by law. You may request export of your Guest Data at any time by contacting your account manager.

7.5 Your Compliance Obligations

You are solely responsible for ensuring that your collection, storage, and use of Guest Data through the Platform complies with all applicable data protection laws in the jurisdictions where you operate. This includes obtaining any necessary consents from Guests, providing required privacy notices, and honoring Guest rights requests.

7.6 GDPR and UAE Data Protection

To the extent that your use of the Platform involves the processing of personal data subject to GDPR or UAE data protection law, the parties acknowledge their respective roles as data controller (you) and data processor (Servme). Where required by applicable law, Servme will enter into a Data Processing Agreement with you. Contact legal@servmeco.com to request a Data Processing Agreement.

8. Intellectual Property

8.1 Servme's Intellectual Property

Servme and its licensors retain all right, title, and interest in and to the Platform, including all software, algorithms, interfaces, documentation, and associated intellectual property rights. Nothing in these Terms grants you any ownership interest in the Platform or Servme's intellectual property.

8.2 Your Content and Data

You retain ownership of all content, data, and materials that you upload to or create within the Platform, including your venue information, menus, event details, and Guest Data. You grant Servme a limited, non-exclusive license to use such content solely to provide the Services to you.

8.3 Feedback

If you provide Servme with feedback, suggestions, or ideas about the Platform, you grant Servme a perpetual, irrevocable, royalty-free license to use and incorporate that feedback into the Platform without any obligation to you.

8.4 Branding

Servme may use your venue name and logo in customer lists, case studies, and marketing materials unless you notify us in writing that you object. You may use Servme's name and logo to identify your use of the Platform, provided you comply with Servme's brand guidelines.

9. Confidentiality

9.1 Obligations

Each party agrees to: (a) keep the other party's Confidential Information confidential; (b) use Confidential Information only for the purposes of this Agreement; and (c) disclose Confidential Information only to employees, contractors, or advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those in these Terms.

9.2 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was rightfully known to the receiving party before disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party where legally permitted.

9.3 Duration

Confidentiality obligations survive termination of this Agreement for a period of three years, except with respect to trade secrets, which shall be protected indefinitely.

10. Warranties and Disclaimers

10.1 Servme's Warranties

Servme warrants that: (a) it has the right and authority to enter into this Agreement; (b) the Platform will perform materially in accordance with its documentation under normal use; and (c) Servme will implement reasonable security measures to protect the Platform and Guest Data.

10.2 Your Warranties

You warrant that: (a) you have the authority to enter into this Agreement; (b) your use of the Platform will comply with all applicable laws and regulations; and (c) you have obtained all necessary consents required to share Guest Data with the Platform.

10.3 Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVME DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SERVME DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

11.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

EXCEPT FOR CLAIMS ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR AS OTHERWISE PROHIBITED BY LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SERVME IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 Essential Basis

The parties acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk and are an essential basis of the bargain between the parties. Servme would not have entered into this Agreement without these limitations.

12. Indemnification

12.1 By You

You agree to indemnify, defend, and hold harmless Servme and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform in breach of these Terms; (b) your violation of any applicable law or regulation; (c) your breach of any obligation to Guests regarding their personal data; or (d) any dispute between you and a Guest.

12.2 By Servme

Servme agrees to indemnify and defend you against any third-party claim alleging that the Platform, as provided by Servme, infringes any third-party intellectual property right, provided that you: (a) promptly notify Servme of the claim; (b) give Servme sole control of the defense; and (c) provide reasonable assistance to Servme at Servme's expense. This indemnity does not apply to claims arising from your modifications to the Platform or your combination of the Platform with third-party products or services.

13. Term and Termination

13.1 Term

This Agreement begins on the date you first access the Platform or sign an Order Form and continues for the initial subscription period. Unless terminated in accordance with these Terms, the Agreement renews automatically for successive periods of equal length.

13.2 Termination by You

You may cancel your subscription at any time through your account settings or by contacting your account manager. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused portions of a prepaid subscription period.

13.3 Termination by Servme

Servme may terminate this Agreement immediately on written notice if: (a) you materially breach these Terms and fail to remedy the breach within 15 days of written notice; (b) you become insolvent or enter bankruptcy or liquidation proceedings; or (c) continued provision of the Services would require Servme to violate applicable law.

13.4 Effect of Termination

Upon termination: (a) all rights granted to you under this Agreement will immediately cease; (b) you must stop using the Platform; and (c) Servme will retain Guest Data for [X] days following termination, during which you may request an export, after which the data will be deleted or anonymized.

13.5 Survival

Sections 7 (Guest Data and Privacy), 8 (Intellectual Property), 9 (Confidentiality), 11 (Limitation of Liability), 12 (Indemnification), 15 (Governing Law), and any payment obligations accrued before termination will survive termination of this Agreement.

14. Third-Party Services and Integrations

The Platform integrates with third-party services including booking channels, POS systems, PMS systems, payment processors, and messaging providers (including WhatsApp). These integrations are provided for your convenience. Servme is not responsible for the performance, availability, or policies of third-party services. Your use of third-party services is subject to their respective terms and conditions. Servme does not endorse or warrant any third-party service.

15. Governing Law and Dispute Resolution

15.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the United Arab Emirates and, to the extent applicable, the laws of the Emirate of Dubai, without regard to conflict of law principles.

15.2 Dispute Resolution

In the event of any dispute arising out of or in connection with this Agreement, the parties will first attempt to resolve the dispute through good-faith negotiations for a period of 30 days. If the dispute cannot be resolved by negotiation, it shall be submitted to the exclusive jurisdiction of the courts of Dubai, UAE.

15.3 Class Action Waiver

Each party waives any right to bring claims against the other on a class action basis. All claims must be brought in an individual capacity.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any Order Form, constitute the entire agreement between the parties regarding the Platform and supersede all prior agreements, representations, and understandings relating to the subject matter.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

16.3 Waiver

A party's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by the waiving party.

16.4 Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without Servme's prior written consent. Servme may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.

16.5 Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, pandemic, war, civil unrest, governmental action, or internet infrastructure failures.

16.6 Notices

All legal notices under this Agreement must be in writing and sent to: Servme DMCC, [REGISTERED ADDRESS, DMCC, DUBAI, UAE], or by email to legal@servmeco.com. Notices sent by email are effective upon receipt of a read confirmation or reply.

16.7 Language

This Agreement is written in English. In the event of any conflict between an English version and a translation, the English version will prevail.

17. Contact Information

If you have any questions about these Terms, please contact us:

• Email: legal@servmeco.com
• Website: servmeco.com