Terms of Service

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not access or use the Service.

These Terms apply from the date you first access the Service (including any free trial period) and continue until terminated in accordance with Section 11.

eRestro is a software-as-a-service (SaaS) platform for restaurants. It provides, among other features:

• QR-code-based digital menus and guest ordering;
• kitchen display systems (KDS) and order routing to kitchen stations;
• table, floor, and section management with real-time occupancy tracking;
• billing, restaurant-configured tax and invoice fields, receipt generation, and split-bill functionality;
• integration with third-party UPI, card, and digital-wallet payment gateways; and
• reporting, analytics, and operational insights for restaurant owners and managers.

We provide the software and underlying infrastructure; the restaurant independently operates its own business, menu, pricing, food, staff, and guest service. We may add, modify, or discontinue features at any time. For material changes adversely affecting paying customers, we will endeavour to provide reasonable advance notice.

To access the Service, you must create a restaurant account through our onboarding process. By doing so, you represent that:

• you are at least 18 years of age and have the legal capacity to enter into binding contracts under the laws of India;
• if acting for an organisation, you have authority to bind that organisation; and
• the information you provide during registration is accurate, current, and complete, and you will keep it up to date.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at connect@erestro.in if you suspect unauthorised access to or use of your account. We will not be liable for any loss or damage arising from your failure to protect your credentials.

You are responsible for the conduct of all staff users (owners, managers, waiters, kitchen users, or any other person you authorise) and for ensuring they use the Service in accordance with these Terms.

You agree not to:

• use the Service for any unlawful purpose or in breach of any applicable law, regulation, or licence (including FSSAI, GST, and local food-safety requirements);
• list items you are not licensed or permitted to sell, or misrepresent food, allergens, pricing, taxes, or charges to guests;
• use the Service to commit fraud, process payments you are not authorised to collect, or evade taxation;
• attempt to gain unauthorised access to the Service, other accounts, or our infrastructure, or interfere with the normal operation of the Service;
• copy, scrape, reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service except as expressly permitted by applicable law;
• resell, sublicense, or otherwise commercialise access to the Service without our prior written consent; or
• upload malware, distribute spam, or use the Service to harass, defame, or harm any person.

We reserve the right to suspend or terminate access that we reasonably believe violates these Terms, poses a security or legal risk, or harms the Service, other customers, or guests.

Restaurant responsibilities. Restaurants using the Service are solely responsible for:

• the quality, safety, accuracy, and lawfulness of all food, beverages, and other items offered through the Service;
• setting and displaying accurate prices, applicable taxes (including GST), and any service charges, in compliance with Indian consumer-protection and pricing laws;
• GST registration, invoicing, collection, remittance, and filing obligations applicable to the restaurant's transactions with guests;
• managing, supervising, and taking responsibility for staff conduct during service; and
• handling any guest complaints, refunds, disputes, or cancellations relating to orders placed at the restaurant.

Guest use.Guests who scan a QR code or access the Service through a restaurant’s deployment use it to view menus and place orders. Guests are responsible for providing accurate contact or payment details and for complying with the restaurant’s own terms of service and policies. NexG is not a party to the contract between a guest and a restaurant.

Restaurant subscription fees. Fees payable by restaurants to NexG for use of the Service are set out in the applicable plan, order form, or pricing page in effect at the time of subscription. Unless stated otherwise:

• subscription fees are exclusive of applicable taxes, including Goods and Services Tax (GST), which will be charged in addition;
• fees are payable in advance (monthly or annually, as selected) and are due on the renewal date;
• fees are non-refundable except where required by applicable Indian law or expressly agreed in writing; and
• subscriptions renew automatically unless cancelled before the renewal date.

Price changes. We may change subscription pricing on prospective notice of at least 30 days. Your continued use of the Service after the new pricing takes effect constitutes your acceptance of the new price.

Suspension for non-payment. If payment is not received when due, we may suspend access to the Service until the outstanding amount is settled. We will endeavour to provide notice before suspension.

Guest transactions. When a guest pays for an order at a restaurant through the Service — whether by UPI (including GPay, PhonePe, Paytm, BHIM, or similar UPI apps), debit/credit card, digital wallet, cash, or any other method — that transaction is directly between the guest and the restaurant. The restaurant is the merchant of record for all guest orders.

NexG does not collect, hold, or settle guest funds. We are not a payment aggregator, payment gateway, or regulated payment institution under the Payment and Settlement Systems Act, 2007 or any regulations thereunder, except where a specific integration agreement states otherwise.

Third-party payment gateways. The Service integrates with third-party payment processors and UPI platforms. Your use of such payment services is subject to the terms and privacy policies of the respective third parties. NexG is not liable for the acts or omissions of third-party payment processors, failed transactions, payment disputes, or chargebacks. You agree to comply with the terms imposed by the relevant payment processor.

Restaurant’s payment obligations. Restaurants that integrate payment gateways through the Service are solely responsible for obtaining and maintaining any required merchant agreements, PCI-DSS compliance obligations, and applicable RBI or NPCI licences or registrations.

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. In summary:

• the restaurant is the data fiduciary (controller) for guest data collected through the Service (including guest phone numbers, names, and order history);
• NexG processes that guest data as a data processor on the restaurant's behalf, solely to provide the Service; and
• each party will comply with applicable data-protection law, including India's Digital Personal Data Protection Act, 2023 (DPDP Act).

By using the Service, you agree that NexG may process personal data as described in the Privacy Policy.

The Service — including its software, algorithms, designs, user interface, databases, documentation, the eRestro name, logos, and marks — is owned by NexG and/or its licensors and is protected by applicable intellectual-property laws. Nothing in these Terms transfers ownership of the Service to you.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your subscription period, solely for operating your restaurant business in the normal course, and subject to these Terms.

You retain all rights to your own content (menu descriptions, images, branding, and data you upload). You grant NexG a non-exclusive, royalty-free licence to host, store, transmit, process, and display that content to the extent necessary to provide the Service to you.

Any feedback, suggestions, or ideas you provide about the Service may be used by NexG without restriction or compensation.

We work to keep the Service available and performant, but we do not guarantee uninterrupted or error-free access. The Service may be unavailable due to scheduled maintenance, emergency maintenance, internet connectivity issues, or factors outside our control (including force majeure events). We will endeavour to provide advance notice of planned downtime that affects the core Service.

Technical support is provided in accordance with the terms of your plan. Our primary support channel is connect@erestro.in.

These Terms apply from the date you first access the Service and continue until terminated.

Termination by you. You may terminate your subscription and close your account at any time by following the cancellation process in your account settings or by contacting us. Termination takes effect at the end of the then-current billing period unless otherwise agreed.

Termination or suspension by us.We may suspend your access immediately (with notice where practicable) or terminate your account with 30 days’ notice, or immediately in cases of material breach, fraud, non-payment after a cure period, or circumstances where continued access poses a risk to the Service, our infrastructure, or other users.

Effect of termination. On termination: (a) your right to use the Service ceases; (b) any outstanding fees become immediately due; and (c) we will handle your data as described in the Privacy Policy and applicable law, including any applicable data-export window before deletion.

To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis without any warranty of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement.

NexG does not warrant that: (a) the Service will meet all of your requirements; (b) the Service will be uninterrupted, timely, or error-free; or (c) defects in the Service will be corrected within any particular timeframe.

To the maximum extent permitted by applicable law, NexG, its directors, employees, agents, and licensors will not be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages — including loss of profits, revenue, business, data, goodwill, or reputation — even if advised of the possibility of such damages.

Our total aggregate liability to you arising out of or relating to these Terms or the Service will not exceed the total subscription fees you actually paid to NexG in the twelve (12) calendar months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability that cannot be excluded under applicable Indian law, including liability for fraud or fraudulent misrepresentation.

You will defend, indemnify, and hold harmless NexG and its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of, or inability to use, the Service; (b) your content or data; (c) your transactions with guests, including any refund disputes, tax liabilities, or consumer complaints; (d) your breach of these Terms; or (e) your violation of any applicable law or third-party rights.

Each party may have access to confidential information of the other in connection with the Service. Each party agrees to keep confidential information of the other party confidential and not to disclose it to any third party without prior written consent, except as required by law or to the extent necessary to perform obligations under these Terms. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; or (c) is independently developed without reference to the confidential information.

We may update these Terms from time to time to reflect changes in the Service, applicable law, or our business practices. When we make material changes, we will update the “Last updated” date at the top of this page and, where appropriate, notify you by email or via an in-app notice. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes.

If you do not agree with a change, you may terminate your account before the change takes effect.

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict-of-law provisions. Subject to any mandatory consumer-protection rights that cannot be excluded, the courts at Bhopal, Madhya Pradesh, India will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service. The parties waive any objection to venue in such courts.

• Entire agreement: These Terms (together with the Privacy Policy and any applicable order form or plan addendum) constitute the entire agreement between you and NexG with respect to the Service and supersede all prior agreements or understandings.
• Severability: If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable; the remaining provisions will remain in full force.
• Waiver: Failure to exercise or delay in exercising any right under these Terms does not constitute a waiver of that right.
• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor or acquirer of our business.
• Language: These Terms are written in English. In case of any conflict between an English version and any translation, the English version will prevail.

Questions, notices, or requests regarding these Terms should be directed to:

NexG — eRestro Support
Email: connect@erestro.in