Terms of Service

This Agreement governs your initial subscription as well as any future purchases, renewals, or upgrades that reference this Agreement. This Agreement incorporates by reference our Privacy Policy and any other referenced policies, schedules, or attachments. In the event of any conflict between these documents, the terms of this Agreement shall prevail unless expressly stated otherwise.

MessageBox Meal Marker is a hosted, cloud-based SaaS platform (the "Hosted Service") that enables hospitality businesses to record, manage, and report guest meal consumption across dining facilities. The Service includes the web application, any related documentation, application programming interfaces (APIs), integrations, updates, and any support or maintenance services provided by us. We reserve the right to modify, update, or enhance the Service at any time without prior notice, provided that such changes do not materially diminish the core functionality of the Service during your active Subscription Term.

To access the Service, you must register for an account by providing accurate, current, and complete information. Registration and use of the Service are permitted only for business purposes. You must ensure that the information you provide identifies the relevant hotel, business, or other commercial organisation on whose behalf the account is being created. You are responsible for maintaining the accuracy of your registration information and for updating it promptly. The individual who registers the account shall be designated as the Account Owner and shall have the authority to manage the account, including appointing administrators, managing users, and cancelling the account. You are solely responsible for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account or any security breach.

Only individuals for whom you have paid the applicable subscription fees and whom you have designated through the Platform ("Authorised Users") may access and use the Service. Authorised Users may include your employees, representatives, consultants, contractors, or agents acting on your behalf. You are responsible for ensuring that all Authorised Users comply with this Agreement. You may increase the number of Authorised Users by upgrading your subscription plan or placing a new order, subject to payment of the applicable fees.

The Service is offered on a subscription basis with Monthly and Annual billing options. The features and limitations of each plan are described on our website and may be updated from time to time.

Subscription fees maybe displayed and payable in multiple currencies. The pricing displayed at the time of your subscription purchase or renewal shall be the price applicable to that transaction.

We reserve the right to change our pricing, pricing models, and the currencies in which we offer our Service at any time and at short notice. Any pricing changes shall take effect at the start of your next billing cycle (monthly or annual, as applicable) following the date of the change. We will make reasonable efforts to notify you of pricing changes, but it is your responsibility to review the current pricing on our website. Continued use of the Service after a pricing change constitutes your acceptance of the new pricing.

All payments are final, non-refundable, non-cancellable, and non-creditable. If you cancel your subscription before the end of your current billing period, your access to the Service will continue until the end of that period, but no refund or credit will be issued for the unused portion. Downgrading your plan may result in the loss of features, data capacity, or Authorised User slots, and we accept no liability for such loss.

All payments are processed through Stripe, Inc. ("Stripe"), a third-party payment processor. By subscribing to the Service, you agree to Stripe's terms of service and privacy policy. We are not responsible for any errors, failures, delays, or issues arising from Stripe's payment processing services, including but not limited to failed transactions, currency conversion discrepancies, payment processing fees imposed by Stripe, unauthorised charges resulting from your failure to secure your payment credentials, or any data breaches or security incidents occurring within Stripe's systems. Any disputes regarding payment processing must be raised directly with Stripe. We shall not be liable for any loss or damage arising from the use of Stripe's services.

Unless you cancel your subscription before the end of your current billing period, your subscription will automatically renew for a successive period of the same duration (monthly or annually) at the then-current pricing. You authorise us to charge the payment method on file for the renewal fee.

All fees quoted and payable under this Agreement are exclusive of any applicable taxes, levies, duties, or governmental charges, including but not limited to value added tax (VAT), goods and services tax (GST), sales tax, withholding tax, or any other taxes imposed by any jurisdiction (collectively, "Taxes"). You are solely responsible for the payment of all applicable Taxes arising from your use of the Service or your subscription, except for taxes based on our net income.

We may be required to collect and remit Taxes in certain jurisdictions now or in the future. If we are required to collect Taxes, such amounts will be added to your invoice and charged to your payment method in addition to the subscription fees. If you are exempt from certain Taxes, you must provide us with valid exemption documentation prior to the transaction. We reserve the right to update our tax collection practices at any time as required by applicable law.

You acknowledge that tax obligations may arise in multiple jurisdictions, including but not limited to the European Union member states and other countries where the Service is accessed or used, and that you are responsible for determining and fulfilling your own tax obligations in relation to your use of the Service.

In accordance with Article 27 of the GDPR, as Getmymessage FZ-LLC is not established in the European Union but offers services to data subjects within the EEA, we have appointed Prighter Group with its local partners as our privacy representative and your point of contact for the European Union. If you wish to exercise your privacy-related rights (such as requests to access or erase personal data) or contact us via our representative, please visit: https://prighter.com/q/13726109. Our EU representative is authorised to act on our behalf with respect to communications from data subjects and supervisory authorities regarding the processing of personal data under the GDPR.

For the purposes of data protection law, you are the Data Controller in respect of any personal data you upload, submit, or process through the Service (including guest data, employee data, and any other personal data). We act as the Data Processor on your behalf, processing personal data only in accordance with your documented instructions and this Agreement. Our respective obligations are further detailed in our Data Processing Agreement, which forms part of this Agreement.

We shall process personal data only for the purposes of providing, maintaining, and improving the Service, and in accordance with applicable data protection laws. We implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of processing, including encryption of data in transit and at rest, access controls, regular security assessments, and incident response procedures. We shall not process personal data for any purpose other than providing the Service unless required by applicable law.

Where you are subject to the GDPR or equivalent legislation, you are responsible for responding to data subject requests (including requests for access, rectification, erasure, restriction, portability, and objection) from individuals whose personal data you process through the Service. We will provide reasonable assistance to enable you to fulfil such requests, to the extent technically feasible, within the timeframes required by applicable law.

In the event of a personal data breach affecting data processed through the Service, we will notify you without undue delay after becoming aware of the breach, providing sufficient information to enable you to meet your obligations under applicable data protection laws, including notification to the relevant supervisory authority and affected data subjects where required.

We will retain your data for the duration of your active subscription and for a reasonable period thereafter to fulfil our contractual and legal obligations. Upon termination of your subscription, we will delete your data within a reasonable timeframe, subject to any legal retention requirements. You may request deletion of your data at any time during or after your subscription by contacting us.

You retain all rights, title, and interest in and to any data, content, images, or other materials that you upload, submit, or transmit through the Service ("Your Data"). We do not claim ownership of Your Data.

You grant us a non-exclusive, worldwide, royalty-free licence to collect, use, copy, store, transmit, modify, and create derivative works of Your Data, solely to the extent necessary to provide, maintain, and improve the Service.

You are responsible for ensuring that Your Data and your use of the Service comply with all applicable laws, regulations, and third-party rights. You represent and warrant that you have obtained all necessary consents, rights, and permissions to upload and process Your Data through the Service, including any required consents from data subjects under applicable data protection laws.

You shall not submit to the Service any special categories of personal data as defined under Article 9 of the GDPR (such as data revealing racial or ethnic origin, political opinions, religious beliefs, health data, or biometric data) unless explicitly agreed in writing. You shall also not submit any data regulated under sector-specific laws such as HIPAA, PCI-DSS, or equivalent legislation unless we have provided explicit written consent.

We implement commercially reasonable technical and organisational security measures to protect Your Data, including encryption, access controls, and regular security audits. However, no method of electronic storage or transmission is completely secure, and we cannot guarantee absolute security. You acknowledge that the use of the Service necessarily involves the transmission of data over networks not owned, operated, or controlled by us, and we are not responsible for any data lost, altered, or intercepted during such transmission.

We will use commercially reasonable efforts to make the Service available with an annual uptime of at least 99.80%, excluding scheduled maintenance windows. The Service is hosted on Amazon Web Services (AWS), and its availability is subject to the terms and conditions of AWS. We will provide reasonable notice of scheduled maintenance where practicable. We are not liable for any downtime or performance issues caused by factors outside our reasonable control, including internet connectivity issues, third-party service outages, or force majeure events.

The Service, including all software, designs, documentation, trade names, logos, and other intellectual property associated with it, is and shall remain the exclusive property of Getmymessage FZ-LLC and its licensors. Nothing in this Agreement transfers or assigns any intellectual property rights to you. Your subscription grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the Subscription Term, strictly in accordance with this Agreement.

Except as otherwise set forth in this Agreement, each party agrees that all code, inventions, know-how, business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure. Any Getmymessage Technology and any performance information relating to the Products shall be deemed Confidential Information of Getmymessage without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law. For the avoidance of doubt, this Section shall not operate as a separate warranty with respect to the operation of any Product.

This Agreement remains in effect for the duration of your active subscription (the "Term"), unless terminated earlier in accordance with this section. You may cancel your subscription at any time through the Platform or by contacting us. Cancellation will take effect at the end of your current billing period. No refund or credit will be issued for the remaining period. We may suspend or terminate your access to the Service immediately and without notice if: (a) you materially breach any term of this Agreement and fail to remedy such breach within fourteen (14) days of written notice; (b) you fail to pay any fees when due; (c) you become insolvent or enter bankruptcy proceedings; or (d) your use of the Service poses a security risk or may cause harm to other users or to our infrastructure. Upon termination, your right to access and use the Service ceases immediately. We may delete Your Data in accordance with Section 8.6 of this Agreement. Sections relating to payment obligations, intellectual property, confidentiality, limitation of liability, indemnification, governing law, feedback, term and termination, warranty disclaimer, export sanctions, general provisions and any other provisions that by their nature should survive, shall survive termination.

All products are provided “as is,” and we and our suppliers expressly disclaim any and all warranties and representations of any kind, including any warranty of non-infringement, title, fitness for a particular purpose, functionality, or merchantability, whether express, implied, or statutory. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law. We shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control. To the maximum extent permitted by law, neither nor any of our third party suppliers makes any representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of any products or any content therein or generated therewith, or that: (a) the use of any products will be secure, timely, uninterrupted or error-free; (b) the products will operate in combination with any other hardware, software, system, or data; (c) the products (or any products, services, information, or other material purchased or obtained by you through the products) will meet your requirements or expectations); (d) any stored data will be accurate or reliable or that any stored data will not be lost or corrupted; (e) errors or defects will be corrected; or (f) the products (or any server(s) that make a hosted service available) are free of viruses or other harmful components.

Neither party (nor its suppliers) shall be liable for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business, costs of delay or any indirect, special, incidental, reliance or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance. Neither party’s aggregate liability to the other shall exceed the amount actually paid by you to us for products and support and maintenance in the 12 months immediately preceding the claim. Notwithstanding anything else in this agreement, our aggregate liability to you in respect of no-charge products shall be us$20. This section 16 (limitation of liability) shall not apply to (1) amounts owed by you under any orders, (2) either party’s express indemnification obligations in this agreement, or (3) your breach of section 11 (restrictions). To the maximum extent permitted by law, no suppliers of any third party components included in the products will be liable to you for any damages whatsoever. You shall indemnify and hold us and our subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through our products and/or any violation by you of these terms of service, the rights of any third party, or any applicable law or regulation. The parties agree that the limitations specified in this section 18 (limitation of liability) will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.

You shall indemnify, defend, and hold harmless Getmymessage FZ-LLC and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to: (a) your use of the Service; (b) Your Data or any content you process through the Service; (c) your breach of this Agreement; (d) your violation of any applicable law or regulation; or (e) your infringement of any third-party rights.

We may from time to time offer free trials, free accounts, or no-charge access to certain features of the Service ("No-Charge Products"). No-Charge Products are provided without any warranty, support, or service level commitment. We may discontinue No-Charge Products at any time without notice or liability. You shall not use No-Charge Products for competitive analysis or benchmarking.

In the event of any dispute arising out of or in connection with this Agreement, the parties shall first attempt to resolve the dispute through good faith negotiations for a period of sixty (60) days. If the dispute cannot be resolved through negotiations, it shall be referred to and finally resolved by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The arbitration shall take place in Dubai, United Arab Emirates, and shall be conducted in English.

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre. This contract shall be governed by and construed in accordance with the law of England & Wales. Notwithstanding the foregoing, we may bring a claim for equitable relief in any court with proper jurisdiction.

Notwithstanding the provisions of Section 21.1 (Dispute Resolution; Arbitration), nothing in this Agreement shall prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.

The Service is not intended for, and shall not be purchased or used by, consumers. If you are an individual acting outside your trade, business, craft, or profession, you are not permitted to register for or use the Service.

The Products are subject to export restrictions by the United States government and import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your use of the Products. You shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of the Products or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list and (ii) that none of Your Data is controlled under the US International Traffic in Arms Regulations. You agree to comply with all applicable export control laws, trade sanctions, and regulations in connection with your use of the Service, including those imposed by the United Arab Emirates, the European Union, the United Kingdom, and the United Nations. You shall not access or use the Service from any jurisdiction subject to comprehensive sanctions, nor shall you provide access to the Service to any individual or entity appearing on any applicable sanctions or restricted party list.

We reserve the right to amend, modify, or update this Agreement at any time and at our sole discretion. Changes may be made without prior notice. The updated Agreement will be effective immediately upon posting on our website or notification through the Service. Your continued use of the Service after any changes to this Agreement constitutes your acceptance of the revised terms. We recommend that you review this Agreement periodically for any updates. If you do not agree with any changes, your sole remedy is to discontinue use of the Service and cancel your subscription.

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement (except for payment obligations) to the extent that such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, epidemics, government actions, power or telecommunications failures, internet disruptions, or failures of third-party service providers.