Terms of Service

1. Agreement to Terms

By accessing or using EatApp's website (eatapp.com.au), platform, or any of our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our services.

These Terms apply to all users of our services, including restaurant owners and operators ("Clients"), restaurant customers ("End Users"), website visitors, and B2B partners.

2. Description of Services

EatApp provides a range of digital marketing, technology, and AI-powered services for the restaurant and hospitality industry, including:

• AI-powered restaurant website design, build, and management
• Commission-free online ordering systems
• Restaurant reservation and booking systems
• AI chatbot services for customer enquiries
• AI phone answering services
• Email and SMS marketing campaign management
• Local SEO and Google Business Profile management
• Google Ads campaign management
• Facebook and social media marketing management
• Google Business Profile audit reports
• AI website builder platform (self-service and managed)
• Partner and B2B white-label services

We reserve the right to modify, suspend, or discontinue any service at any time, with reasonable notice to affected clients.

3. Client Accounts and Responsibilities

Account registration: Clients must provide accurate and complete information when setting up an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Client responsibilities: As a client, you agree to:

• Provide accurate business and contact information
• Ensure any content you provide for your website or marketing (menus, images, descriptions, pricing) is accurate and does not infringe any third-party rights
• Comply with all applicable laws regarding your restaurant operations, food safety, alcohol licensing, and advertising
• Ensure that customer data collected through your ordering, reservation, or AI tools is handled in compliance with applicable privacy laws (see our Privacy Policy)
• Maintain appropriate consent from your customers for email and SMS marketing communications
• Notify us promptly of any security breaches or unauthorised use of your account

4. Online Ordering Terms

For restaurant clients:

• EatApp provides a commission-free online ordering system as part of our services
• Orders placed through your system are transactions between you and your customer — EatApp is the platform provider, not a party to the transaction
• You are responsible for order fulfilment, food quality, food safety, and customer service related to orders
• Payment processing is handled by third-party providers (e.g., Stripe). You are subject to their terms of service and fee structures
• EatApp charges a flat monthly service fee for the ordering platform — not a commission on orders

For end users (restaurant customers):

• When you place an order through an EatApp-powered ordering system, your transaction is with the restaurant, not with EatApp
• Menu prices, availability, delivery areas, and delivery fees are set by the restaurant
• Order cancellation and refund policies are determined by the restaurant
• By placing an order, you consent to the restaurant collecting your personal information as described in our Privacy Policy

5. AI-Powered Services Terms

AI Chatbot:

• EatApp's AI chatbot is configured specifically for each restaurant based on information provided by the restaurant owner
• The chatbot provides general information and assists with bookings — it does not provide medical, legal, or professional advice
• While we strive for accuracy, AI-generated responses may occasionally contain errors. The restaurant owner is responsible for ensuring their chatbot is configured with accurate, up-to-date information
• Chatbot conversations may be recorded and stored (see Privacy Policy)

AI Phone Answering:

• EatApp's AI phone answering service handles calls based on information and policies provided by the restaurant owner
• Call interactions are recorded for service quality and to process bookings/enquiries (see Privacy Policy)
• The AI will escalate complex or sensitive matters to the restaurant team
• While we strive for natural, accurate interactions, the AI may occasionally misunderstand or provide incomplete responses. The restaurant owner remains responsible for final confirmation of bookings and customer commitments made via AI

AI Website Builder:

• EatApp's AI website builder platform creates restaurant websites using AI-powered design and content tools
• All websites built through the platform are reviewed and refined by EatApp's team before launch (for managed service) or are the responsibility of the client (for self-service use)
• Content generated by AI tools may require review and editing by the client to ensure accuracy
• Websites remain hosted on EatApp's infrastructure for the duration of the service agreement

General AI terms:

• EatApp's AI tools are designed to assist and augment — not replace — human decision-making
• We do not guarantee that AI-generated content or interactions will be error-free
• AI tools are continuously improved; features and capabilities may change over time

6. Website Services Terms

Website ownership and hosting:

• Websites built by EatApp are hosted on our infrastructure (currently Vercel / cloud hosting) for the duration of your service agreement
• You own the content you provide (menus, photos, descriptions, branding)
• Website designs, templates, and custom code created by EatApp remain the intellectual property of EatApp, licensed to you for the duration of your service agreement
• If you end your service agreement, we will provide a reasonable transition period and can export your content upon request. Custom code and design elements are not transferable unless separately agreed

Content responsibility:

• You are responsible for the accuracy of all content on your website, including menus, pricing, opening hours, allergen information, and promotional claims
• EatApp will update content as directed by you, but is not liable for inaccuracies in information you provide
• Content must not infringe any third-party intellectual property rights, contain defamatory material, or violate any applicable law

7. Marketing Services Terms

Email and SMS marketing:

• EatApp manages email and SMS marketing campaigns on behalf of restaurant clients using their customer database
• The restaurant client is the sender of all marketing communications — EatApp is the platform provider
• All campaigns comply with the Australian Spam Act 2003, the Telecommunications (Telemarketing and Research Calls) Industry Standard, and equivalent NZ legislation
• Restaurant clients are responsible for ensuring they have appropriate consent to contact their customers
• Unsubscribe and opt-out mechanisms are included in every campaign
• EatApp is not liable for marketing campaigns sent at the instruction of the restaurant client that may breach applicable laws

SEO and advertising:

• EatApp manages local SEO, Google Ads, and social media campaigns on behalf of clients
• We do not guarantee specific search rankings, traffic levels, or advertising results — SEO and paid advertising are influenced by many external factors beyond our control
• Google Ads budgets are paid directly by the client to Google — EatApp charges a separate management fee with no markup on ad spend
• Access to client Google, Facebook, and social media accounts is granted by the client and can be revoked at any time

8. Fees and Payment

• EatApp's fees are communicated to each client before services commence and are confirmed in a service agreement or proposal
• Fees are typically charged on a monthly basis
• Payment terms are net 14 days unless otherwise agreed
• EatApp does not charge lock-in contracts — services can be cancelled with 30 days' written notice
• Some services (e.g., website build) may have a one-time setup fee in addition to ongoing monthly fees
• If payment is overdue by more than 30 days, EatApp may suspend services until the account is brought up to date

9. Intellectual Property

EatApp's intellectual property:

• The EatApp brand, logo, platform, website templates, custom code, AI tools, and proprietary systems are the intellectual property of EatApp
• Clients are granted a non-exclusive, non-transferable licence to use our platform and tools for the duration of their service agreement

Client intellectual property:

• Restaurant names, logos, branding, menus, and original content provided by the client remain the property of the client
• By providing content to EatApp, you grant us a licence to use it for the purpose of delivering our services (e.g., publishing on your website, including in marketing campaigns)

10. Limitation of Liability

To the maximum extent permitted by law:

• EatApp's total liability to any client for any claim arising from or related to our services is limited to the total fees paid by the client to EatApp in the 12 months preceding the claim
• EatApp is not liable for any indirect, consequential, special, or punitive damages, including lost profits, lost revenue, or loss of business opportunity
• EatApp is not liable for any loss or damage resulting from: third-party service outages (Google, Stripe, Vercel, Facebook); inaccurate content provided by the client; the actions of restaurant customers; or circumstances beyond our reasonable control

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

11. Indemnification

You agree to indemnify and hold EatApp harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your breach of these Terms
• Your breach of any applicable law
• Inaccurate or misleading content you provide
• Your handling of customer data in breach of applicable privacy laws
• Any dispute between you and your customers

12. Termination

By the client: You may terminate your service agreement at any time with 30 days' written notice to fenwick@eatapp.com.au. Upon termination, we will: cease providing services at the end of the notice period; export your customer data within 90 days (upon request); and provide a final invoice for any outstanding fees.

By EatApp: We may terminate or suspend services if: you breach these Terms and fail to remedy the breach within 14 days of written notice; your account is overdue by more than 60 days; or your use of our services violates any applicable law.

13. Dispute Resolution

Any dispute arising from these Terms or our services will be resolved as follows:

1. Good faith negotiation — the parties will attempt to resolve the dispute directly within 14 days 2. Mediation — if negotiation fails, the dispute will be referred to mediation administered by the Resolution Institute (or equivalent body) in the state or territory of the complaining party 3. Legal proceedings — if mediation fails, either party may commence legal proceedings in the courts of the relevant Australian state or territory

14. General Provisions

Governing law: These Terms are governed by the laws of Australia. For New Zealand clients, the laws of New Zealand apply where mandatory.

Entire agreement: These Terms, together with our Privacy Policy, any service agreement, and any proposal or statement of work, constitute the entire agreement between you and EatApp.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.

Waiver: A failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Assignment: You may not assign or transfer your rights under these Terms without our written consent. EatApp may assign its rights in connection with a merger, acquisition, or sale of assets.

15. Contact

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

Email: fenwick@eatapp.com.au Phone: 0405 250 201 Website: eatapp.com.au/contact/