Terms of service

Effective: September 10th, 2025

These Terms and Conditions (The “Terms and Conditions” or the “Agreement”) is entered into by EAT APPLICATION DMCC, a limited liability company registered in the United Arab Emirates (The “UAE”) under commercial license number DMCC-164040 with principal address at Unit No: 2401, Platinum Tower, Jumeirah Lake Towers, Dubai, UAE (“Eat App” or “Us” or “Our” or “We”), and the Legal entity as set forth in the Order Form (The “Subscriber” or “You” or “Your”), (each a “Party”, together the “Parties”). This Agreement governs the Subscriber’s access to and use of Eat App’s reservation system, online reservation network and related services (The “Platform”). Any capitalized terms used but not defined herein will have the meaning assigned to them in the Order Form.

BY USING THE PLATFORM AND THE SERVICES, YOU, THE SUBSCRIBER, AGREE TO ABIDE BY THE TERMS AND CONDITIONS.

If you are agreeing to these Terms and Conditions on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions of these Terms and Conditions and, in such an event, “Subscriber” as used in these Terms and Conditions shall refer to such entity. If you do not have such an authority or do not agree to the terms of this these Terms and Conditions, then you must not accept these Terms and Conditions and should not use the Platform and the Services.

You may not use the Platform and the services thereunder, if you are Eat App’s competitor, except with their prior written consent. In addition, you may not access the Platform and the services thereunder for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

For the avoidance of doubt, the Agreement is comprised of:

• These Terms and Conditions and the agreement executed between you and our Licensee (Swiggy Limited). 

1. GRANTS

1.1. Grant by Eat App.

Eat App grants the Subscriber a limited, non-transferable, non-sublicensable license to access and use the Platform to (1) manage guest services at the Subscriber’s establishments (“Venue(s)”), (2) access Eat App’s online Reservation Networks, activating the Subscriber’s Venues, aggregating reservation data, and allowing registered Users (either directly or through integrations using third party service providers) to create online reservations during the Term of this Agreement (the “Subscription”). The Subscription includes any changes to the Platform made available to the Subscriber by Eat App at no additional cost (an “Update”). Updates are applied automatically to the Platform. The Subscription extends to any Venue personnel authorized to use the Platform (“Users”).

Certain functionalities on the Platform are made available to the Subscribers vide a license granted to Eat App by a third party and accordingly Eat App asserts no ownership in the intellectual property associated therewith. Eat App has the right to further provide such functionalities to the Subscribers. Accordingly, Eat App, vide a sub-license, hereby grants to the Subscriber a non-transferable, non-sublicensable and revocable license to access and use such functionalities, in India to (1) run promotional campaigns; (2) facilitate orders at the Venue(s); and (3) for any other activity pertaining to Subscriber’s business.

1.2. Grant by Subscriber.

The Subscriber grants Eat App the right to use its Venue(s) names, restaurant description, images, menu, online reviews, and equivalent identifiers (“Restaurant Description”) on the Platform to facilitate the creation of online reservations through its website, www.eatapp.co (the “Site”), mobile applications, widgets that integrate with the Venue websites or third parties that provide reservation management, online reservations, or related services including but not limited to Google My Business, TripAdvisor, Zomato.com, Swiggy.com, Facebook, Instagram, amongst any other future networks (“Reservation Networks”). You further grant Eat App the right to use (either directly or through authorised third-party entities) reservation details from such Reservation Networks for the purpose of facilitating Your Subscription. 

1.3. Additional Features.

An “Add-On” is an optional Platform feature available for an additional fee or otherwise subject to additional terms that will be communicated by Eat App and agreed to by the Subscriber. Add-Ons may include integrations to Third Party Services, POS (Point of Sale) integration, online payment services, guest loyalty, and reward programs. Where Add-Ons are subject to additional terms, the Subscriber must accept such additional terms prior to accessing the Add-Ons.

1.4. Third-Party Service Providers/Subcontractors.

Subscriber agrees that Eat App through the offering of its Platform and the services thereunder uses the services of third-party services providers (the “Third-Party Service Providers”). By the Subscriber continued use of the Platform and the services thereunder, the Subscriber signifies its acceptance of both terms and condition between Eat App and the Third-Party Service Providers (the “Third-Party Service Providers Terms”). The Subscriber hereby acknowledges and agrees that the Third-Party Service Providers Terms will govern certain aspects of services offered by the Third-Party Service Providers and that are part of the Platform and the services thereunder (the “Third-Party Services”).  Subscriber agrees to be bound by, and bear the risks associated with, the Third-Party Service Providers Terms whether they create a contractual relationship directly between Subscriber and the Third-Party Service Providers or a contractual relationship between Eat App and the Third-Party Service Providers. Eat App does not warrant the Third-Party Services in and assumes no liability to Subscriber with respect to the Third-Party Services. The Third-Party Service Provider is the sole party liable to Subscriber. 

1.5. Devices.

Subscriber acknowledges and agrees that the use of the Platform and the services thereunder requires one or more compatible devices, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Platform and the services thereunder involves hardware, software, and internet access, the Subscriber’s ability to access and use the Platform and the Platform and the services thereunder may be affected by the performance of these factors. The Subscriber acknowledges and agrees that the Platform and the services thereunder requirements, which may be changed from time to time, are the Subscriber’s responsibility. It is the Subscriber’s sole responsibility to make sure its devise, internet and software are compatible with the Platform and the services.

1.6. Continuity of the Services.

The continued availability of any services under the Platform shall be subject to Eat App’s consent, in its sole discretion, and to the fulfillment by the Subscriber of such conditions as Eat App may require from time to time. 

1.7. Use of Affiliates.

Eat App may provide any of the services hereunder through any of its Affiliates.  

2. SERVICES

2.1. Support.

As part of the Subscription, Eat App will use commercially reasonable efforts to promptly resolve issues with the Platform reported through the “Support” feature of the Platform or by email to info@eatapp.co.

2.2. Training.

Eat App provides up to three (3) hours of virtual training on the Platform as part of the Implementation. In-person training may be available for an additional fee (and travel costs).

2.3. Implementation.

Eat App will configure the Platform (“Implementation”) for each Venue(s) as set forth in the

Order Form. Implementation includes Account setup and provisioning on Eat App and activation of online reservations on Eat App’s Reservation Networks.

2.4. SMS Texts.

Where SMS texting functionality is supported, the Subscriber will be able to send up to 100 SMS texts per month on the Basic Plan and 300 SMS per month on the Pro Plan to guests to confirm a reservation, waitlist entry, or status (each, an “SMS”). Additional SMS texts will be billed at a per-country rate, unless additional packages are purchased where discounts apply. Pricing is changed regularly and is always available to view at this URL.

4.6. Use Restrictions 

The Subscriber is liable for its access to the Platform and use of the services thereunder. The Subscriber must not (and must procure the same from its Users)

• Use the Platform and/or the services for any reason unconnected with the purpose of the Agreement;
• Knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Eat App’s networks, the Platform or the services;
• Transmit through the Platform any material that may infringe the intellectual property or other rights of third parties;
• Circumventing any territorial restrictions applied by, or on, Eat App or its licensors;
• Use the Platform to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable laws;
• Attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Platform and/or the services thereunder; and
• Upload or transmit any software, data or code that does or is intended to harm, disable, destroy or adversely affect performance of the Platform in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Eat App;
• Share with a third party (or enable a third party to use) any operational, technical or other data obtained through the use of the Platform and/or the services in any manner that is competitive to Eat App or any of its affiliates, including, without limitation, in connection with any application, website or other product or service that also includes, features, endorses, or otherwise supports in any way a third party that provides services competitive to the products and services of Eat App or a Eat App’s affiliate. 

In addition to the above, Subscriber may not use the Platform or the services thereunder in connection with any of the following businesses and activities, or that are otherwise notified to Subscriber by Eat App by email or by posting a notice on the Eat App’s website:

i. Illegal Activities. The sale of any good or service that violates any applicable laws.

ii. Illegal Drugs. illegal pharmaceuticals, illegal drugs, or drug paraphernalia.

3. INTELLECTUAL PROPERTY

3.1. Platform Information.

Subject to the limited rights expressly granted hereunder, Eat App and its licensors reserve all rights, title and interest in and to the Platform, the services, Documentation, as well as Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”) and any derivative works thereof including all related intellectual property rights. No rights are granted to Subscriber hereunder other than as expressly set forth herein. 

3.2. Subscriber Information.

The Subscriber owns all right, title, and interest in, and is solely responsible for, any information specific to a Venue that is uploaded by Users to the Platform or otherwise made available by the Subscriber to Eat App under this Agreement, (including through any third-party service provider whose services the Subscriber may be availing for recording information on the Platform on its behalf)(“Subscriber Information”). For clarity, Subscriber Information includes names and contact information of Venue guests (“Guest”), the date and time of reservations, purchases, payment information, and reservation details of such Guests (“Guest Information”), along with Venue photographs, floor plans, table configurations, and other designs. Additionally, Subscriber may be granted access to information being populated by a third-party service provider to enable the Subscriber’s access to additional functionalities being provided by such third party through the Platform, as part of the Services. The Subscriber and Eat App shall have no right, title, interest to such information, and such information shall always belong to such third party. Further, the Subscriber and Eat App shall have no ownership or other rights with respect to any other information or intellectual property displayed to the Subscriber through the Platform.

If multiple Subscriber Venues (for example where the Subscriber has a chain of Venues) are, or later become managed via the Platform, Guest Information from each Venue will be available to all Users of all other Venues, subject to the access rights of such Users.

Subscriber grants Eat App (a) access, during the Term, to use Subscriber Information solely to provide the Subscription to perform the Services and for routine archival records,. Eat App may have independent access to certain Guest Information of Subscriber or other Subscriber Information, and nothing in this Section 3.2 limits Eat App’s right to use such information. Further, it is hereby agreed that any personal data shared by Eat App with the Subscriber shall be pursuant to and in accordance with consents obtained under applicable laws. 

3.3. Usage Data. 

Eat App will own all right, title and interest in all Usage Data. Subscriber agrees that Eat App may use and exploit all Usage Data for any purpose without any obligation to Subscriber; provided however, that Eat App may only disclose Usage Data to third parties so long as the Usage Data is disclosed only in the aggregate and not in a manner that it is attributable to Subscriber, User or any individual.

3.4. Right to Ideas.

Eat App shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Platform, the services, Documentation and Subscriber support, any suggestions, ideas, enhancement requests, recommendations or other feedback (collectively, the “Feedback”) provided by Subscriber or its Users relating to the operation and use of the Platform and/or services thereunder.

4. PAYMENTS

4.1.Changes.

Eat App may change the Terms of this Agreement, its Fees, and billing practices and upon written notice to You as indicated in Clause 8.2, provided that (i) any pre-paid fees will not be affected by such change and (ii) in the event of any price increases, You will have thirty (30) days to reject any such change by providing a written termination notice to Eat App. If You do not provide a written notice of termination within such thirty-day period, then You will be deemed to have approved and accepted such changes.

4.2. Taxes.

The Fees do not include any taxes, duties, or similar assessments of any nature that may be imposed on the Services or Subscription (“Taxes”). The Subscriber is responsible for paying all Taxes. Eat App will use commercially reasonable efforts to list Taxes as a separate line item on each invoice.

4.3. Fraudulent Activities.

In the event of (alleged) fraudulent activities by the Subscriber or if Eat App is required by law, court order, (semi-) governmental instruction or orders, arbitrational decision (or similar ruling), subpoena or cancellation policy to make a refund, of all or part of the Fees (or insofar otherwise reasonable and fair), Eat App reserves the right to claim from the Subscriber repayment of such amount.

5. TERM AND TERMINATION

5.1. Term.

The Agreement will become effective on the Effective Date of the agreement entered between you and our Licensee (Swiggy Limited). 

5.2. Termination for Material Breach.

Unless otherwise is agreed to in writing, either party may terminate this Agreement or an Order Form for a material breach of the other party that remains uncured for sixty (60) days after the breaching party’s receipt of a written notice of such breach. Unless otherwise is agreed to in writing, Eat App may additionally terminate this Agreement upon shorter written notice if, in the reasonable judgment of Eat App, Subscriber’s Venue or Users are acting in a manner that would create imminent and material risk to Eat App.

5.3. Effects of Termination.

Unless otherwise is agreed to in writing, upon expiration or termination of the Agreement or an Order Form, (a) Subscriber’s license to the Platform will terminate and the Subscriber will stop using the Platform, and (b) each party will return or destroy any Confidential Information of the other party in its possession. Unless the Subscriber terminates this Agreement for Eat App’s material breach, no prepaid fees will be refunded, and the Subscriber will remain responsible for all Subscription payments for the then-current Term, unless otherwise is agreed to in writing.

6. CONFIDENTIALITY

6.1. Confidential Information.

“Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that (a) is marked or identified as “Confidential” or with a similar designation, or (b) by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform and Usage Information is Confidential Information of Eat App; Subscriber Information is Confidential Information of Subscriber. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party. Each party will additionally treat the terms of this Agreement as Confidential Information.

7. INDEMNIFICATION

7.1. Indemnity.

Each Party hereby agrees to indemnify, defend and hold harmless the other Party, and their respective directors, employees and agents from and against any suits, claims, actions, demands, liabilities, expenses and/or losses, including reasonable legal expenses and reasonable attorneys’ fees (“Losses”) to the extent such Losses result from any: (a) breach of the Agreement or applicable law by such indemnifying Party; (b) negligence or willful misconduct of the indemnifying Party, its Affiliates or (sub)licensees, or their respective directors, employees, and agents in the performance of the Agreement.

8. WARRANTIES 

8.1. To the best of Eat App’s knowledge, the Documentation do not and shall not infringe upon or misappropriate the Intellectual Property Rights of any third party. Notwithstanding the foregoing, while Eat App has and/or will, to the best of its efforts, obtain binding representations from third-party providers that materials provided to Eat App by a third party Eat App for inclusion in Documentation do not infringe upon the Intellectual Property Rights of any third party, Eat App makes no representation and provides no warranty that any materials provided to Eat App by a third party Eat App for inclusion in Documentation do not infringe upon the Intellectual Property Rights of any third party. For purposes of this Agreement, “Documentation” shall mean the technical literature, specifications and user guide for the  Platform and the services thereunder, as updated from time to time, accessible or supplied with the Platform and the services thereunder, in printed and/or electronic format, provided that updates to the documentation will not result in a material reduction in the level of performance or availability of the Platform and the services thereunder for the duration of the applicable term. 

8.2 The Subscriber warrants that Subscriber data does not and shall not infringe upon or misappropriate the intellectual property rights of any third party.

8.3. The Subscriber agrees to indemnify and hold Eat App and its affiliates harmless (and their respective directors, officers, agents, representatives and employees) from and against any and all claims, suits, liabilities, judgments, losses and damages arising out of or in connection with any claim or suit or demand: 

a) By any third party for reasons not attributable to the Platform, the services and/or the Documentation;

b) In respect of, arising out of, or in connection with, the services and products actually or purportedly offered by the Subscriber;

c) Brought either by Eat App or its employees or agents and/or third party on account of misuse, abuse, cheating, fraud, misrepresentation carried out by the Subscriber, including through its staff;

d) Loss of business due to Platform and/or services, during system outages; or

e) For any misleading or incorrect or false Subscriber data or data provided by the Subscriber.

8.4. Eat App will have no obligation under this clause to the extent a claim is based on use of the Services in a manner inconsistent with the Agreement or as a result of negligence or willful misconduct of the Subscriber.

8.5. The Subscriber represents and warrants to Eat App that for the term of the Agreement:

a) It holds and complies with all permits, licenses and other governmental authorizations, registrations and requirements necessary for conducting, carrying out and continuing its operations and business.

b) It and its directors and (direct, indirect and ultimate (beneficial)) owners (and their directors) are not in any way connected to, part of, involved in or related to or under the control, management or ownership of: (x) terrorists or terrorist organizations; (y) parties/persons (i) listed as (special) designated nationals/entities or blocked person/entities, or (ii) otherwise subject to any applicable trade embargo, or financial, economic and trade sanctions; and parties/persons guilty of money laundering, bribery, fraud or corruption. The Subscriber shall immediately notify Eat App in the event of a breach of this Clause.

c) That, for the term of the Agreement, it complies with all applicable laws concerning employment rights, human rights, non-discrimination and modern slavery, and in particular does not hold any person in slavery or servitude, or arrange or facilitate the travel or stay of another person with a view to that person being exploited. 

d) It and its personnel and its agents and other representatives will pay in full all taxes that are lawfully due from it in any jurisdiction(s) in which it operates, and will not: (x) commit (or facilitate, aid, abet, counsel or procure the commission of) any offence of cheating the public revenue or the fraudulent evasion of any tax, or (y) otherwise breach or take any action that may place the other party in breach of applicable laws prohibiting tax evasion and the facilitation of tax evasion.

e) That, for the term of the Agreement, it is not: (x) listed on any applicable list of sanctioned parties (including the lists of restricted parties issued by any GCC country, the United Nations, United States of America, European Union, Cayman Islands, India and United Kingdom (y) owned by, controlled by, or acting at the direction of, any person, persons or corporate or unincorporated body (whether or not having a separate legal personality) listed on such a list or that person’s or entity’s legal or personal representatives, successors or permitted assigns; or ordinarily resident in or organized under the laws of any jurisdiction subject to comprehensive or other territory-wide sanctions imposed by any GCC country, the United Nations, United States of America, European Union Cayman Islands, India and United Kingdom.

f) It will take any action that would breach (and not take any action that would place the other party in breach of) applicable sanctions.

g) It will, for the term of the Agreement, implement reasonable internal measures (including policies, procedures, compliance audits and training) intended to ensure that it (and its personnel) does not breach representations, warranties and undertakings set forth under this Clause ‎8. ​

8.6. Each Party represents and warrants to the other Party that for the term of the Agreement:

a) It has the full corporate power and authority to enter into and perform its obligations under the Agreement.

b) It has taken all corporate action required by it to authorize the execution and performance of the Agreement.

c) The Agreement constitutes legally valid and binding obligations of that Party in accordance with its terms.

d) Each Party shall comply with all applicable governmental laws, codes, regulations, ordinances and rules of the country, state or municipality under which law the relevant Party is incorporated with respect to the products (to be) offered and/or services (to be) rendered by such Party.

8.7. Except as otherwise expressly provided in the Agreement, neither Party makes any representations or warranties, express or implied, in connection with the subject matter of the Agreement and hereby disclaims any and all implied warranties, including all implied warranties of merchantability or fitness for a particular purpose regarding such subject matter.

8.8. The Platform, the services and the Documentation are provided “as is,” “as available,” and with all faults.  Eat App and its, directors, shareholders, principals, officers, employees and agents (“Eat App Parties”) disclaim all warranties, express and implied, including, but not limited to, any warranties of merchantability, quality of information, quiet enjoyment, non-infringement, title, and fitness for a particular purpose. Eat App Parties do not warrant that the Platform, the services and the Documentation or any third-party sites will be error free, uninterrupted, free from spyware, malware, adware, viruses, worms, or other malicious code, or will function to meet your requirements. Eat App Parties do not warrant that the Platform, the services and the Documentation or any third-party sites will work on the Subscriber hardware, with Subscriber operating systems, or with any other software installed on Subscriber computers. Information obtained by Subscriber from any Eat App Party will not create any warranties. Subscriber assumes all risks associated with the use of the Platform, the services and the Documentation. It is Subscriber’s sole responsibility to determine whether the use of the Platform, the services and the Documentation is suitable and adequate for its needs.

8.9. Eat App makes no warranties or representations about the accuracy or completeness of the Platform, the services and the Documentation or the content of any other websites linked to the website, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from the Subscriber or its Users access to and use of the Platform, and the services, (c) any unauthorized access to or use of Eat App's servers and/or any and all personal information and/or financial information stored therein, not attributable to Eat App’s act or omission, (d) any interruption or cessation of transmission to or from the website or otherwise with respect to the Platform and/or the services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website or the services by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform and/or services.

9. LIMITATION OF LIABILITY

9.1. Limitation of Liability.  

EAT APP’S MAXIMUM CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY THE SUBSCRIBER IN FEES IN THE 3 MONTHS PRECEDING THE INCIDENT THAT GAVE RISE TO SUCH CLAIM.

9.2. Exclusions.  

EAT APP PARTIES ARE NOT, AND WILL NOT BE, LIABLE TO SUBSCRIBER FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY (I) PROPERTY DAMAGE, (II) LOSS OF USE, (III) LOSS OF BUSINESS, (IV) ECONOMIC LOSS, (V) LOSS OF DATA, OR (VI) LOSS OF PROFITS AND WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH: (A) THE AGREEMENT OR OTHER APPLICABLE TERMS AND CONDITIONS OF THE PLATFORM, THE SERVICES AND DOCUMENTATION; (B) THE USE OF PLATFORM, SERVICES, AND DOCUMENTATION; (C) THE USE OF THE PLATFORM, THE SERVICES AND DOCUMENTATION, (D) ANY INTERRUPTION IN THE USE OF THE PLATFORM, AND SERVICES; (E) THE UNAUTHORIZED ACCESS BY ANY PARTY TO EAT APP SERVICES AND SYSTEMS, INCLUDING SUBSCRIBER DATA, EVEN IF ANY OF EAT APP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. 

9.3. Eat App is not responsible for the content, security, operation, or use of any Third-Party Service Providers or the products or services that may be offered or obtained through the Third-Party Service Providers or for the accuracy, completeness, or reliability of any information obtained from a Third-Party Service Provider. Eat App is hereby relieved from any and all loss, damages or other liabilities incurred as a result of the access to, or use of, any Third-Party Service Provider or the products or services that may be offered or obtained through the Third-Party Service Provider. Eat App shall in no way be responsible for and does not endorse or accept any responsibility for the Third-Party Service Providers, including any theft or fraud, breach of confidential information shared or any other action or omission of the Third-Party Service Providers.  

9.4. Eat App shall in no way be liable for any theft, misappropriation, fraud or other misleading activity occurring on the Platform where such action is not attributable to Eat App’s act.

9.5. The Parties agree that the liability provisions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks under the Agreement.

9.6. Subscriber acknowledges that remedies at law may be inadequate to protect Eat App against any breach of the Agreement and without prejudice to any other rights and remedies otherwise available to Eat App, Eat App will be entitled to injunctive relief and specific performance.

10. GENERAL

10.1. Notices.

All legal notices and changes related to this Agreement will be in writing and sent to the Subscriber’s email indicated on the Order Form. All notices required to be given to Eat App will be in writing and sent to the Eat App’s email indicated on the Order Form.

10.2. Governing law and Dispute.

This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute or difference between the parties in relation to or arising from this Agreement (including the formation, performance, interpretation, nullification, termination, or invalidation of this Agreement) shall be subject to the exclusive jurisdiction of the Courts of the New Delhi.

10.3. Attribution.

Eat App may list Subscriber as a client on the Eat App website and marketing materials and may use the Subscriber’s Restaurant Description to do so consistent with Subscriber’s style guidelines. The Parties may agree to additional marketing efforts (i.e., case studies, events) in writing.

10.4. Execution.

The Agreement takes effect upon execution of an Order Form, which may be executed in any number of counterparts, by digital signature, by a scanned signature page in a format such as PDF, or via a recognized electronic consent method. All signature pages or equivalents will be deemed an original, and all of which taken together will constitute a single agreement.

11. SMS TERMS

11.1. Message Frequency Expectation.

The frequency of messages may vary. Subscribers can expect messages like booking confirmations, promotional offers, and updates based on their interactions with Our services.

11.2. Pricing.

Message and data rates may apply. Please refer to this web page.

11.3. Opt-Out of Messaging.

To stop receiving messages, reply with the word STOP.

11.4. Help Mechanism.

Need assistance? Please visit www.eatapp.co, or contact Us at support@eatapp.co.

11.5. Carrier Disclaimer.

Carriers are not liable for delayed or undelivered messages.

12. MISCELLANEOUS

12.1. You are responsible for maintaining the confidentiality of Your Account information, safeguarding the password or credentials that You use to access the Platform and for any activities or actions under Your Account. You are encouraged to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your Account and with other accounts that You may connect to Your Account (such as Your Accounts with other platforms). 

12.2. You agree to (i) immediately notify Eat App of any unauthorized use of Your Account information or any other breach of security, and (ii) ensure that You exit from Your Account at the end of each session. Eat App will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account either with or without Your knowledge.

12.3. You may be held liable for losses incurred by Eat App or any other User of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

12.4. These Terms and Conditions shall be applicable in addition to any other agreement that may be executed between the Subscriber and Eat App, or the Subscriber and a third party (Swiggy Limited) in connection with the Platform. In the event of any conflict or contradiction in relation to terms, including but not limited to payment terms (including for add-on features), between these Terms and Conditions and the agreement executed between Subscriber and Swiggy Limited, the latter shall prevail to the extent of such inconsistency.