1. Who We Are
Happy Diner is a feedback tool designed for multi-location hospitality groups, enabling quick at-table surveys and timely operational responses.
2. Eligibility
You must be at least 18 years old and authorized to enter into these Terms on behalf of yourself or your organization.
3. Accounts & Waitlist
- Waitlist: You may provide an email address to join the waitlist or receive updates. You are responsible for ensuring that the email you provide is accurate and up to date.
- Accounts (if enabled): If we later provide login accounts, you are responsible for all activity that occurs under your credentials and for maintaining their confidentiality.
4. Beta/Early Access
Some features may be offered as beta or early access. Such features are provided “as is,” may change at any time, and may be discontinued without notice. Performance and availability may be limited.
5. Acceptable Use
You agree not to, and not to allow third parties to:
- Use the Services for any unlawful, harmful, or fraudulent activity;
- Attempt to gain unauthorized access to the Services or related systems;
- Reverse engineer, decompile, or otherwise attempt to discover source code or underlying components;
- Interfere with or disrupt the integrity or performance of the Services;
- Upload, transmit, or distribute malicious code, spam, or content you do not have rights to share.
6. Data & Privacy
We keep data collection minimal. At this time, we collect only your email address for updates and access management. For details, please review our Privacy Policy.
7. Customer Content
If you submit content (e.g., survey text, location names, or internal notes), you grant us a non-exclusive, worldwide, royalty-free license to host, process, and display that content solely to provide and improve the Services for you.
8. Third-Party Services
The Services may interoperate with third-party tools (e.g., email platforms). We do not control and are not responsible for third-party services, which may have their own terms and policies.
9. Fees & Changes
The Services may be free during market testing or beta. If we introduce paid plans, we will present pricing and terms before you are charged. We may change features or pricing on notice to you, and any changes will apply prospectively.
10. Intellectual Property
We and our licensors retain all rights, title, and interest in and to the Services, including software, designs, and trademarks. Except for the limited rights expressly granted in these Terms, no other rights are granted.
11. Feedback
We welcome feedback and suggestions. You agree that we may use feedback without restriction or obligation to you.
12. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HAPPY DINER OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS WILL NOT EXCEED ONE HUNDRED (100) USD OR THE AMOUNT YOU PAID (IF ANY) FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, WHICHEVER IS GREATER.
14. Indemnification
You agree to defend, indemnify, and hold harmless Happy Diner and our affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services or violation of these Terms.
15. Termination
You may stop using the Services at any time. We may suspend or terminate your access if we believe you have violated these Terms or if we discontinue the Services. Upon termination, your right to access the Services ceases immediately.
16. Changes to the Services or Terms
We may modify the Services and these Terms from time to time. We will update the “Last Updated” date when changes occur. Continued use after changes become effective constitutes acceptance of the updated Terms.
17. Governing Law; Disputes
These Terms are governed by the laws of [Your Country/State], without regard to conflicts of law principles. Any disputes will be resolved exclusively in the courts located in [Your City/Region], and you consent to their jurisdiction and venue.
18. Export & Compliance
You represent that you are not located in, under the control of, or a national or resident of any country subject to embargo or other restriction, and that you will comply with applicable export and sanctions laws.
19. Entire Agreement
These Terms constitute the entire agreement between you and Happy Diner regarding the Services and supersede prior or contemporaneous agreements on the subject matter.