Our Terms, Plain & Clear

Welcome to FoodChow. These Terms of Service (“Terms”) govern your access to and use of the FoodChow platform, services, and websites (collectively, the “Services”) provided by Tenacious Techies Private Limited (operating as “FoodChow,” “we,” “us,” or “our”), a private limited company incorporated under the Companies Act, 2013 in the Republic of India, with its registered office at:

Tenacious Techies Private Limited
2nd Floor, Office No. 210, Milestone Vibrant
Sumandesai Ni Wadi, SY-918, Khatodra
Surat, Gujarat 395002, India

By accessing or using our Services, you (“you,” “User,” or “Partner”) agree to be bound by these Terms. If you do not agree, you must not access or use the Services.

1. Definitions

• “Platform” means the FoodChow software-as-a-service platform, including but not limited to Point of Sale (POS), Online Ordering, QR Menu, Kitchen Display System (KDS), WhatsApp automation, and AI features.
• “Partner” means a person or entity who has purchased the FoodChow White Label Partner Program.
• “End Customer” means restaurants or food businesses that purchase services from a Partner using the FoodChow Platform.
• “License” means a single restaurant deployment authorization within the Partner's white-label environment, valid for 12 months from the date of activation.
• “Confidential Information” means any non-public information disclosed by either party during the course of this relationship.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts in your jurisdiction. By using the Services, you represent that you meet these requirements and that all information you provide is accurate, current, and complete.

3. Account Registration & Security

To use the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration and checkout
• Maintain and update your account information
• Keep your password confidential and secure
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

4. Fees & Payment

The FoodChow White Label Partner Program pricing will be based on the package you choose. All fees are charged in United States Dollars (USD) regardless of your location.

The Starter Package includes:

• 5 white-label licenses, each valid for 12 months from the date of activation for an End Customer
• Branded subdomain in the format yourbrand.foodchow.com
• Owned white-label admin panel
• Full onboarding training and support during the term
• 5 working days delivery time
• 20% local language customization (translation of key user interface elements only)
• Single license top-up availability after the initial 5 are utilized

5. License Term & Renewal

Each of your 5 (or additional) licenses is valid for 12 months from the date that specific license is activated for an End Customer (not from the date of program purchase).

The FoodChow White Label Partner Program is structured as a one-time annual purchase model — there is no automatic renewal. To continue your white-label business beyond 12 months, you must repurchase the program at the then-current price.

If you do not renew:

• Your white-label admin panel access ends on the expiry date
• Your End Customers' platform access ends unless they migrate or you renew
• Your branding configuration may be archived for up to 90 days, then permanently deleted

6. Acceptable Use Policy

You agree NOT to:

• Use the Services for any illegal, fraudulent, or unauthorized purpose
• Reverse-engineer, decompile, or attempt to derive source code from the Platform
• Resell, sublicense, or transfer the Platform outside the scope of the Partner Agreement
• Use the Platform to send spam, malware, or harmful content
• Violate any applicable laws or regulations (including data protection laws)
• Misrepresent your relationship with FoodChow to End Customers or third parties
• Use the Platform in a way that damages, disables, or impairs the Services for others

7. Intellectual Property Rights

FoodChow retains all right, title, and interest in and to the Platform, including all underlying software, code, trademarks, patents, and copyrights. You are granted a limited, non-exclusive, non-transferable license to use the Platform under the terms of the Partner Agreement.

You retain ownership of:

• Your brand assets, logos, and trademarks
• Your End Customer (restaurant) data — you are the legal data controller
• Your customer relationships and contact information

8. Service Availability & Uptime

FoodChow commits to a target uptime of 99% measured monthly, excluding scheduled maintenance and force majeure events. Scheduled maintenance will be communicated with at least 24 hours' notice when possible. Emergency maintenance may be performed without prior notice when necessary to protect platform security or stability.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
• OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM (capped at the fees paid for your selected package)
• WE ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
• WE ARE NOT LIABLE FOR LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES

10. Indemnification

You agree to indemnify and hold harmless Tenacious Techies Private Limited, its officers, directors, employees, and affiliates from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Content uploaded or transmitted by you or your End Customers through the Platform
• Your relationship with End Customers (including disputes over service quality, billing, or data)

11. Termination

We may suspend or terminate your access if you breach these Terms, fail to pay fees, or engage in conduct harmful to the platform or other users. You may terminate by ceasing use of the Services and providing written notice to support@foodchow.com.

Termination does not entitle you to a refund (see No-Refund Policy in Document 03).

12. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.

Any dispute arising out of or in connection with these Terms shall be resolved through:

1. Good faith negotiation between the parties
2. If unresolved within 30 days, mediation conducted in Surat, Gujarat, India
3. If unresolved through mediation, binding arbitration under the Arbitration and Conciliation Act, 1996
4. The seat of arbitration shall be Surat, Gujarat, India
5. The language of arbitration shall be English
6. The courts of Surat, Gujarat shall have exclusive jurisdiction over any matters not subject to arbitration

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email and posted on this page at least 30 days before taking effect. Continued use of the Services after changes constitutes acceptance.

14. Contact

Questions about these Terms? Contact us at support@foodchow.com or write to:

Tenacious Techies Private Limited
2nd Floor, Office No. 210, Milestone Vibrant
Sumandesai Ni Wadi, SY-918, Khatodra
Surat, Gujarat 395002, India

This Privacy Policy explains how Tenacious Techies Private Limited (“FoodChow,” “we,” “us,” “our”) collects, uses, and protects your personal information when you use our Services. We are committed to protecting your privacy and complying with applicable data protection laws including the EU General Data Protection Regulation (GDPR), India's Digital Personal Data Protection Act 2023 (DPDP Act), and the California Consumer Privacy Act (CCPA).

1. Information We Collect

1.1 Information You Provide

• Account information: name, email, phone number, company name, country
• Billing information: billing address, optional Tax ID/GSTIN/VAT, payment card details (processed by Razorpay — we never store full card numbers)
• White-label setup: brand name, subdomain preference, brand color, language preference
• Communication content: emails, WhatsApp messages, support tickets you send us

1.2 Information Collected Automatically

• Usage data: features used, time spent, click patterns, error logs
• Device data: IP address, browser type, operating system, device identifiers
• Cookies & similar technologies: for authentication, preferences, and analytics

1.3 Information from Third Parties

• Payment confirmation data from Razorpay
• Email deliverability data from our email service providers
• Analytics data from Google Analytics (anonymized)

2. How We Use Your Information

We use your information to:

• Provide, maintain, and improve the Services
• Process payments and send invoices (charged in USD)
• Configure your white-label platform within 5 working days
• Send onboarding emails, training notifications, and support messages
• Respond to your inquiries and provide customer support via support@foodchow.com
• Send service updates and security alerts
• Detect and prevent fraud, abuse, and security incidents
• Comply with legal obligations and enforce our Terms

3. Legal Basis for Processing (GDPR)

For users in the European Economic Area (EEA) and UK, we process your data under the following legal bases:

4. End Customer Data Ownership

This means:

• You decide how End Customer data is used within the Platform
• You can export your End Customer data at any time in CSV or JSON format by emailing support@foodchow.com
• You are responsible for compliance with data protection laws applicable to your End Customers (e.g., providing privacy notices, handling data subject requests)
• FoodChow will not access, use, or disclose End Customer data except as necessary to provide the Services or as instructed by you in writing

5. Information Sharing

We never sell your personal information. We share data only with:

• Service providers: Razorpay (payments), AWS (hosting), SendGrid (transactional emails), Google Workspace (productivity), WhatsApp Business API (messaging)
• Legal authorities: when required by law, court order (Indian or otherwise enforceable), or to protect rights, safety, or property
• Business transfers: in connection with a merger, acquisition, or sale of assets (with notice to you)

All service providers are bound by data processing agreements (DPAs) requiring them to protect your data.

6. International Data Transfers

Tenacious Techies Private Limited is headquartered in Surat, Gujarat, India. Data may be transferred to and processed in India, the United States, the European Union, and other countries where our service providers operate. We use Standard Contractual Clauses (SCCs) and other approved mechanisms to ensure data is protected during international transfers.

7. Data Retention

8. Your Rights

Depending on your jurisdiction, you have the following rights:

• Right of access: request a copy of your data
• Right of rectification: correct inaccurate data
• Right of erasure (“right to be forgotten”): request deletion of your data
• Right to restrict processing: limit how we use your data
• Right to data portability: receive your data in a portable format (CSV/JSON)
• Right to object: object to certain processing activities
• Right to withdraw consent: for processing based on consent
• Right to lodge a complaint: with your local data protection authority

To exercise any of these rights, email support@foodchow.com. We respond within 30 days.

9. Security

We implement industry-standard security measures including:

• SSL/TLS encryption for all data in transit
• Encryption at rest for sensitive data
• Access controls and authentication requirements
• Regular security audits and vulnerability testing
• Employee training on data protection

10. Cookies

We use the following types of cookies on our checkout and partner portal:

• Essential cookies: required for the site to function (cannot be disabled)
• Analytics cookies: help us understand how visitors use our site
• Marketing cookies: used for retargeting and conversion tracking

You can control cookies through your browser settings.

11. Children's Privacy

Our Services are not directed at individuals under 18. We do not knowingly collect data from minors. If we learn we have collected data from a minor, we will delete it promptly.

12. Changes to This Policy

We may update this Privacy Policy from time to time. Material changes will be communicated by email and posted on this page at least 30 days before taking effect.

13. Contact

For privacy-related inquiries:

Tenacious Techies Private Limited
Email: support@foodchow.com
Address: 2nd Floor, Office No. 210, Milestone Vibrant, Sumandesai Ni Wadi, SY-918, Khatodra, Surat, Gujarat 395002, India

EU/UK residents may also lodge complaints with their local Data Protection Authority. Indian residents may approach the Data Protection Board of India under the DPDP Act 2023.

1. Why This Policy Exists

The FoodChow White Label Partner Program is a custom-configured digital service that requires immediate setup work upon payment, including:

• Subdomain provisioning and DNS configuration
• Custom branding application across the platform
• 20% local language customization
• Admin panel configuration and access provisioning
• Onboarding training preparation and scheduling
• Allocation of dedicated team capacity for 5 working days

Once these resources are committed, the cost cannot be recovered. Therefore, we operate a strict no-refund policy.

2. Before You Pay — Read This

By completing checkout, you confirm that:

• You understand the package inclusions listed at checkout and in the Partner Agreement
• You understand the fee for your selected package is a one-time, non-refundable payment
• You are not relying on any guarantees of business outcomes (sales, profits, customer count)
• You have asked all clarifying questions about the product before paying
• You are aware that any out-of-scope work requires separate quotation

3. What Is NOT Refundable

The following are NOT grounds for a refund:

• Change of mind after payment
• You decide the product is not what you expected (despite documented inclusions)
• Your business does not generate the revenue you anticipated
• You fail to provide brand assets, leading to delays
• You fail to attend the onboarding training session
• You fail to onboard End Customers
• Disagreements over feature requests that fall outside the documented Package Inclusions
• You violated the Terms of Service or Partner Agreement
• Personal circumstances (loss of job, business closure, etc.)
• Currency fluctuation losses (all payments are charged in USD)

4. License Top-Ups

Single-license top-up purchases (made after the initial 5 licenses are utilized) are also strictly non-refundable once payment is processed.

5. Disputes & Chargebacks

Consequences of an unauthorized chargeback include:

• Immediate suspension of all platform access
• Loss of all licenses and platform configurations
• Pursuit of legal recovery for the chargeback amount plus dispute fees
• Reporting to credit bureaus and merchant blacklists

If you have a concern, please contact support@foodchow.com first. We will work in good faith to resolve any genuine service issues.

6. Service Failure (Exceptional Cases)

While this is a strict no-refund policy, in the rare and exceptional case where Tenacious Techies Private Limited is unable to deliver any version of the Platform within 30 calendar days due to our exclusive fault (and not due to your delays), we may at our sole discretion offer:

• An extended delivery timeline
• Service credits applied to future top-ups
• A partial refund (at our sole discretion, not as an entitlement)

This exception applies only when we are at fault and only at our sole discretion. It is not a customer-initiated right.

7. Currency

All transactions are processed in United States Dollars (USD). We do not refund or compensate for differences arising from currency exchange rates, bank conversion fees, or international transaction charges levied by your bank.

8. Acceptance of This Policy

By completing checkout and paying the program fee, you acknowledge that you have read, understood, and agreed to this No-Refund Policy. You waive any right to dispute charges based on grounds not expressly covered in Section 6 above.

9. Contact

Questions about this policy before paying? Contact support@foodchow.com.

This White Label Partner Agreement (“Agreement”) is entered into between:

Tenacious Techies Private Limited, a private limited company incorporated under the Companies Act, 2013 in India, with its registered office at 2nd Floor, Office No. 210, Milestone Vibrant, Sumandesai Ni Wadi, SY-918, Khatodra, Surat, Gujarat 395002, India (“FoodChow,” “Provider,” or “we”)

AND

The individual or entity who has purchased the FoodChow White Label Partner Program (“Partner” or “you”). By completing the checkout process and paying the program fee, you agree to be bound by this Agreement.

1. Grant of License

1.1 License to Resell

Subject to the terms of this Agreement and your payment of all fees, FoodChow grants you a limited, non-exclusive, non-transferable, revocable license during the term to:

• Access and use the FoodChow Platform under your own brand
• Resell up to 5 white-label deployments (one per End Customer restaurant) included in the Starter Package
• Purchase additional single-license deployments at the then-current price after the initial 5 are utilized
• Use FoodChow's pre-configured marketing materials in connection with reselling

1.2 What Is Included in the Package Fee

Your one-time fee covers the following complete and exhaustive list of inclusions:

1. 5 white-label licenses, each valid for 12 months from the date of activation for a specific End Customer
2. Branded subdomain in the format yourbrand.foodchow.com
3. Owned white-label admin panel for managing your End Customers
4. Full onboarding training and support during the license term
5. Platform delivery within 5 working days of receiving complete brand assets
6. 20% local language customization (translation of key UI elements only)
7. Single-license top-up availability after the initial 5 are utilized

1.3 What Is NOT Included

Out-of-scope items include (but are not limited to):

• Custom feature development
• Custom integrations with third-party tools (CRM, accounting software, delivery aggregators, etc.)
• Custom domain (beyond the included yourbrand.foodchow.com subdomain)
• White-label mobile apps published to App Store/Play Store under your brand
• Translations beyond the 20% language customization
• Ongoing marketing, sales, or lead-generation services
• Custom hardware procurement or shipping
• Restaurant-side training or onboarding (this is the Partner's responsibility)
• Migration of restaurant data from third-party platforms
• Custom design work, illustrations, or marketing assets beyond what's provided

2. License Restrictions

You may NOT:

• Sublicense, sell, or transfer the Platform itself (you may resell access to End Customers only)
• Reverse-engineer, decompile, or copy the Platform's source code
• Remove or alter any FoodChow proprietary notices in admin/backend areas
• Use the Platform to compete directly with FoodChow's own services
• Make false claims about features, performance, or compliance certifications
• Allow access to your white-label admin panel by anyone outside your organization

3. Branding Rights

3.1 Your Brand

You retain full ownership of your brand assets (logo, name, colors, taglines). You grant FoodChow a limited license to apply these to the white-label environment solely for the purpose of providing the Services.

3.2 White-Label Display

End Customers will see your brand only in:

• Customer-facing ordering pages
• Email notifications sent to End Customer staff and diners
• Login pages and admin interfaces accessible to End Customers
• Invoice and billing communications you send

3.3 FoodChow Attribution

FoodChow's name may appear in:

• Provider-side admin areas accessible only to you (the Partner)
• Backend system logs and technical documentation
• Communications between FoodChow and you (the Partner) — but never to End Customers

4. Intellectual Property

5. End Customer Relationship

5.1 Your End Customers Are Yours

The Partner is solely responsible for managing the relationship with End Customers, including:

• Sales, contracts, and pricing with End Customers
• Billing and collecting payment from End Customers
• First-line support to End Customers
• Compliance with applicable laws governing your relationship with End Customers
• Handling End Customer complaints, disputes, and refunds (per your own policies)

5.2 FoodChow's Support to Partner

FoodChow provides second-line support to the Partner for technical platform issues via support@foodchow.com. We do not communicate directly with End Customers under our brand. End Customers contact you, and you escalate technical issues to us as needed.

5.3 No Solicitation

FoodChow agrees not to directly solicit your End Customers during the license term and for 12 months after termination, provided you remain in good standing under this Agreement.

5.4 End Customer Data

You are the legal data controller for End Customer data. FoodChow acts as a data processor on your behalf. You may export End Customer data at any time in CSV or JSON format by emailing support@foodchow.com. Standard data export requests are processed within 5 working days at no charge.

6. Term & Renewal

License validity: Each of your 5 (or additional) deployments is valid for 12 months from the date that specific license is activated for an End Customer (not from the date of program purchase).

If you do not renew:

• Your white-label admin panel access ends on the expiry date
• Your End Customers' platform access ends — they will need a separate paid renewal at the then-current price to continue
• Your branding configuration may be archived for up to 90 days, then permanently deleted
• You may export your End Customer data before expiry (we recommend doing so 30 days in advance)

7. Termination

7.1 Termination for Cause by FoodChow

FoodChow may terminate immediately if you:

• Materially breach this Agreement and fail to cure within 30 days of written notice
• Fail to pay any fees owed
• Become insolvent, file for bankruptcy, or cease operations
• Engage in fraud, misrepresentation, or illegal activity
• Initiate an unauthorized chargeback against payments under this Agreement

7.2 Termination by Partner

You may stop using the Platform at any time, but no refunds will be issued (see No-Refund Policy in Document 03).

7.3 Effect of Termination

Upon termination:

• Your access to the Platform is suspended within 30 days
• You must cease using all FoodChow IP, including the white-label environment
• Your End Customer data is exported and provided to you in CSV/JSON format upon request within 30 days, then deleted within 90 days
• Outstanding fees become immediately due
• Sections governing IP, confidentiality, indemnification, and liability survive termination

8. Confidentiality

Both parties agree to protect Confidential Information disclosed during the term. Confidential Information includes (but is not limited to):

• Pricing structures and discount terms
• Technical documentation, APIs, and source code
• Customer lists and business strategies
• Internal training materials and operational processes

This obligation survives termination for 3 years.

9. Warranties & Disclaimers

9.1 Mutual Warranties

Each party warrants that:

• It has full authority to enter this Agreement
• Its performance will not violate any other agreement or applicable law
• It will comply with all applicable data protection and consumer protection laws

9.2 Service Level — 99% Uptime

FoodChow commits to a target uptime of 99% measured monthly, excluding scheduled maintenance and force majeure events. This is a target, not a guarantee, and is provided on a best-efforts basis.

9.3 Disclaimer

EXCEPT AS EXPRESSLY STATED, THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT UNINTERRUPTED OPERATION, ERROR-FREE PERFORMANCE, OR SPECIFIC BUSINESS OUTCOMES (INCLUDING SALES, REVENUE, OR CUSTOMER COUNT).

10. Liability

Each party's total aggregate liability under this Agreement shall not exceed the fees paid by the Partner in the 12 months preceding the claim (capped at the fees paid for your selected package). Neither party shall be liable for indirect, consequential, incidental, special, or punitive damages.

This limitation does not apply to:

• Breach of confidentiality obligations
• Indemnification obligations
• Gross negligence or willful misconduct
• Infringement of intellectual property rights

11. Indemnification

11.1 By Partner

You agree to indemnify FoodChow against claims arising from:

• Your use of the Platform in violation of this Agreement
• Your relationship with End Customers (including disputes over service quality, billing, or data)
• Your marketing claims that exceed the Platform's documented features
• Your misrepresentation of the relationship with FoodChow

11.2 By FoodChow

FoodChow agrees to indemnify the Partner against third-party claims that the Platform infringes their intellectual property rights, provided:

• The Partner notifies FoodChow promptly
• The Partner permits FoodChow to control the defense
• The Partner reasonably cooperates with the defense

12. Governing Law & Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of India. Any dispute will be resolved through:

1. Good-faith negotiation between authorized representatives (30 days)
2. If unresolved, mediation conducted in Surat, Gujarat, India
3. If still unresolved, binding arbitration under the Arbitration and Conciliation Act, 1996
4. The seat of arbitration shall be Surat, Gujarat, India
5. The language of arbitration shall be English
6. The courts of Surat, Gujarat shall have exclusive jurisdiction over any matters not subject to arbitration

13. General Provisions

13.1 Entire Agreement

This Agreement, together with the Terms of Service, Privacy Policy, and No-Refund Policy, constitutes the entire agreement between the parties and supersedes all prior discussions and agreements.

13.2 Modifications

Modifications must be in writing and accepted by both parties. Material changes will be communicated 30 days before taking effect.

13.3 Assignment

You may not assign this Agreement without FoodChow's written consent. FoodChow may assign in connection with a merger, acquisition, or sale of assets.

13.4 Force Majeure

Neither party is liable for delays caused by events beyond reasonable control (natural disasters, war, government actions, internet outages affecting major regions, pandemics).

13.5 Severability

If any provision is held unenforceable, the remaining provisions remain in effect.

13.6 No Waiver

Failure to enforce any right does not waive that right in the future.

13.7 Notices

All notices must be in writing and sent to:

• To FoodChow: support@foodchow.com
• To Partner: the email address provided at checkout