Merchant Terms of Service

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

Version 1.0 · Effective 20 October 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
Suspension & Termination
General Provisions

1. Definitions & Nature of Relationship

These terms are an agreement between VortekAI Solutions ("Servly") and the restaurant business that subscribes to Servly (the "Restaurant").

Key Definitions

Platform	The Servly software, including the diner ordering app, the restaurant dashboard, and related services.
Customer	Any individual who uses the Platform to order from the Restaurant.
Customer Data	Personal data of Customers processed through the Platform in the Restaurant's operations, such as names, contact details, dietary preferences, allergen information and order history.
Staff	Employees or agents of the Restaurant who are given access to the dashboard.
Subscription Fee	The fee for a one-year term, as stated on Servly's invoice.
Content	Menu items, images, descriptions, prices, tax settings (including GST scheme and HSN/SAC codes) and other business information the Restaurant puts on the Platform, or that Servly enters for it from information it provides.

Nature of Relationship

        Servly is a TECHNOLOGY SERVICE PROVIDER
        Servly provides the ordering and billing software that the Restaurant uses.
The Restaurant is the seller of the food. Orders placed through the Platform are contracts between the Customer and the Restaurant, not with Servly.
The Restaurant is solely responsible for its menu, prices, the taxes shown, food quality and safety, preparation time, service charge, refunds and any Customer dispute about a meal.
Servly does NOT prepare, cook, handle, store, or deliver food, and is not a food business operator under the Food Safety and Standards Act, 2006.
Servly does NOT employ or supervise the Restaurant's staff.
Servly does NOT take or process payments. Customers pay the Restaurant directly.
Servly makes no representation 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 other platforms or systems at the same time. The Restaurant decides its menu prices, discounts, offers, service charge and tax settings. Where Servly's team enters tax details during set-up, it does so from the Restaurant's information, and the Restaurant must check them.

2. Servly's Obligations

Platform Access

During the paid term, Servly shall provide the Restaurant with access to the Platform. The Platform currently includes:

(a) QR codes for tables
(b) Digital menu management
(c) Order management and kitchen display
(d) Billing and invoice generation
(e) Basic reports and exports

Servly may change, add or remove features over time. Any add-ons agreed with the Restaurant are listed on the invoice.

Availability

Servly shall use commercially reasonable efforts to keep the Platform available and to fix errors it becomes aware of. Servly does NOT guarantee that the Platform will be uninterrupted or error-free. Servly is not liable for maintenance, internet or power problems at the Restaurant's premises, device or printer failures, events outside its reasonable control, or third-party service outages. The Restaurant should keep a fallback way to take orders and bill.

Security

Servly uses reasonable security practices, including:

(a) Encryption of data in transit
(b) Encryption of stored data at rest by our hosting provider
(c) Isolation of each restaurant's data at the database level
(d) Rate limiting to prevent abuse
(e) Audit logging of billing and security-sensitive actions

No system is completely secure, and Servly does not guarantee absolute security.

Data Breach Notification

If Servly becomes aware of a personal data breach affecting the Restaurant's data, Servly shall inform the Restaurant without undue delay and give the notices that applicable law requires.

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 law and all other 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 Licence

The Restaurant represents and warrants that it holds a valid FSSAI licence or registration and shall maintain it throughout the term of this Agreement.

Tax Settings and Filings

The Restaurant is responsible for the accuracy of its GST details, including its GSTIN, GST scheme, tax rates and HSN/SAC codes, and for its own tax returns and filings. Servly provides billing tools, not tax, legal or accounting advice. The Restaurant should check its invoices and reports with its own accountant.

Menu Accuracy

The Restaurant is SOLELY RESPONSIBLE for: accuracy of menu item descriptions, ingredients, and allergen declarations; accuracy of dietary tags (Veg, Vegan, Jain, Egg); accuracy of prices, service charge and tax settings; and keeping the menu up to date. Servly shows menu information as entered, with some automatic consistency checks, and does not verify 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

Staff Management

The Restaurant shall create staff accounts only for authorised staff, ensure each staff member uses their own sign-in, promptly deactivate accounts of staff who leave, and be solely responsible for any actions taken by its staff on the Platform.

Customer Data Protection

The Restaurant shall: use Customer Data, including data in exports and reports, only for its own orders, billing and accounting records; not share Customer Data with third parties; not send Customers marketing except through Servly, and only while the Customer's marketing setting is on; and not contact Customers for purposes unrelated to their orders. Any breach of this clause shall be a MATERIAL BREACH and shall entitle Servly to suspend or terminate the Agreement immediately.

Your Own Records

The Restaurant should regularly download the exports and reports it needs to keep. Servly takes reasonable steps to back up data but does not guarantee that data will never be lost.

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 licence to display, process, and store the Content for the purpose of providing the Platform. The Restaurant confirms it has the right to use the Content it uploads.

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

      

Payment Terms

Subscription fees are payable annually in advance. All amounts are stated in Indian Rupees.

Fees are exclusive of GST. VortekAI Solutions is GST-registered, and GST is charged on every invoice.

Late Payment

(a) If payment is not received by the due date, Servly may send a payment reminder
(b) After 15 days, Servly may suspend Platform access until payment is received
(c) For the next 15 days (days 16 to 30 after the due date), the Restaurant's owner can sign in and download its data. The Platform takes no orders during this time.
(d) From day 30 after the due date, access to the Platform ends for all users. Servly keeps the Restaurant's data.

Price Changes

Servly may change its prices. A new price applies only from the Restaurant's next term, and Servly will tell the Restaurant before that term starts.

Refunds

The Restaurant may request a full refund of the subscription fee within 14 days of payment. The refund will be paid back by the same method, with a credit note issued against the invoice. Otherwise, subscription fees are non-refundable except where the law requires.

5. Intellectual Property

The Platform, including its software, design, branding, trade names, trademarks, and documentation, belongs to Servly. The Restaurant is granted a limited, non-exclusive, non-transferable licence 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

Roles

For the purposes of the DPDP Act, 2023:

(a) Servly is a Data Fiduciary for the Customer's Servly account (account details, dietary preferences, allergens)
(b) The Restaurant is a Data Fiduciary for Customer Data it uses in its own operations (its orders and visit history)
(c) Each Party shall comply with its own obligations under the DPDP Act

Customer Consent

Servly records each Customer's acceptance of the Terms and Privacy Policy, with the order for a guest or when the Customer creates an account. The Restaurant shall not process Customer Data for any purpose beyond what that acceptance covers.

Data Breach

If the Restaurant becomes aware of any actual or suspected data breach involving Customer Data (e.g., staff sharing Customer contact details, unauthorised 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.

Aggregated Data

Servly may use aggregated or de-identified data from the Platform to operate, secure and improve it. Servly will not use it to identify the Restaurant or any Customer to a third party.

Data on Termination

(a) The Restaurant's access to Customer Data ends when its access to the Platform ends
(b) Servly keeps Customer accounts (they belong to the Customer, not the Restaurant)
(c) Servly keeps order and invoice records for as long as tax and other laws require, then deletes or anonymises them
(d) During the term, the owner can export order history and reports from the dashboard. After a lapse for non-payment, the download window is the one in Late Payment (c).

7. Disclaimers & Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." To the extent the law allows, Servly makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.

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 or for the Restaurant
(c) Customer disputes arising from food quality, preparation, prices, or service
(d) Internet connectivity issues at the Restaurant's premises
(e) Device, printer 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
(h) Tax assessed, interest or penalties arising from the Restaurant's tax settings or filings
(i) Loss of data the Restaurant did not download, except where caused by Servly's gross negligence

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 loss of profits, loss of business, loss of goodwill, loss of data, or business interruption.

Exceptions: Nothing in this Agreement limits liability for fraud, gross negligence or wilful misconduct, death or personal injury caused by negligence, or any liability that cannot be limited under applicable law.

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 (including reasonable legal fees) arising from or related to:

(a) Food quality, safety, hygiene, or FSSAI compliance issues
(b) Any food poisoning, contamination, or allergen-related claims
(c) Its menu content, prices, service charge, or allergen and dietary declarations
(d) Its tax settings, including GST scheme, tax rates and HSN/SAC codes, its invoices to Customers, and its tax filings
(e) The Restaurant's misuse or unauthorised disclosure of Customer Data, or marketing it sends
(f) The Restaurant's breach of these Terms or of any applicable law
(g) The acts or omissions of its own staff, including misuse of the Platform or their credentials
(h) Any intellectual property infringement in the Restaurant's Content
(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

Subject to the Liability Cap in Section 7, Servly shall indemnify the Restaurant from and against third-party claims arising from:

(a) Infringement of third-party intellectual property rights by the Platform
(b) A data breach caused solely by Servly's negligence or security failure

9. Suspension & Termination

Term

The subscription runs for one year from the payment date. It does not renew automatically. The Restaurant may stop using the Platform at any time; refunds are only as set out in Refunds.

By Servly

Servly may suspend access for non-payment as set out in Late Payment. Servly may also suspend or terminate access immediately if the Restaurant breaches these Terms, misuses the Platform, or creates a security or legal risk. Servly may end the Platform or any feature with 30 days' notice.

Effect of Termination

(a) The Restaurant's right to use the Platform ends
(b) Servly keeps the Restaurant's data, as set out in Section 6
(c) Sections on fees owed, IP, data protection, disclaimers, liability, indemnification, and governing law survive termination

10. General Provisions

Force Majeure

Neither Party is liable for delay or failure caused by events outside its reasonable control, such as power or internet failures, natural disasters, epidemics, government action, or failures of third-party providers. This does not excuse payment obligations.

Third-Party Services

The Platform relies on third-party services, such as hosting, email delivery, internet providers, and the Restaurant's own devices, printers and payment apps. Servly is not responsible for their failures or for their terms.

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 by posting a new version on this page with its effective date and showing it to the owner in the dashboard before that date. Continued use of the Platform after the effective date 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 Servly's invoice listing any agreed add-ons, constitutes the entire agreement between the Parties and supersedes all prior agreements, representations, or understandings.

Questions?

For questions about these Merchant Terms, email help@goservly.com.