Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the websites, applications, and services offered by Fleebug Inc. under the XDines brand (collectively, the Services). By accessing or using the Services, you agree to these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

Our processing of personal data is described in the Privacy Policy. Use of cookies and similar technologies is described in the Cookie Policy.

1. Eligibility and accounts

You must be at least the age of digital consent in your jurisdiction (and at least 16 years old where the GDPR applies) to use the Services. You agree to provide accurate registration information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly of any unauthorised use.

2. Description of the Services

XDines provides cloud-based tools for restaurant and hospitality operations (including features such as dashboards, orders, menus, tables, bookings, inventory, customers, staff, roles, outlets, and inquiries, as made available in your plan). We may modify, add, or discontinue features with reasonable notice where practicable; continued use after changes constitutes acceptance unless applicable law requires otherwise.

3. Customer agreements and authorised users

If you subscribe on behalf of an organisation, the commercial terms (plan, fees, term, data processing, and service levels) may be set out in an order form, online checkout, or separate agreement (Customer Agreement). In case of conflict between these Terms and a signed Customer Agreement, the Customer Agreement prevails for that customer relationship. Organisations are responsible for their authorised users' compliance with these Terms.

4. Acceptable use

You agree not to:

• Use the Services in violation of law or third-party rights, including privacy and intellectual property rights;
• Upload or transmit malware, attempt unauthorised access to systems or data, or probe or test vulnerabilities without authorisation;
• Reverse engineer, decompile, or disassemble the Services except where mandatory law permits;
• Use the Services to send spam, phishing, or misleading communications;
• Resell or sublicense the Services without our written consent, or use the Services to build a competing product;
• Use the Services in a manner that could damage, disable, or impair our infrastructure or other customers' use.

We may suspend or terminate access if we reasonably believe you have breached this section or pose a security risk.

5. Your content and data

You retain ownership of data, content, and materials you or your users submit to the Services (Customer Data). You grant us a worldwide, non-exclusive licence to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Services and as described in our Privacy Policy and any Customer Agreement. You represent that you have all rights necessary to submit Customer Data and that its processing in accordance with these Terms does not violate applicable law (including obtaining any required notices or consents for personal data you upload about staff or diners).

6. Our intellectual property

The Services, including software, branding, documentation, and underlying technology, are owned by Fleebug Inc. or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you. Feedback you provide may be used by us without obligation to you.

7. Fees and payment

Paid plans are subject to the fees and billing cycle stated at purchase or in your Customer Agreement. Unless otherwise agreed, fees are non-refundable except where required by law. Late payment may result in suspension of the Services. Taxes are your responsibility unless we are required to collect them.

8. Confidentiality

Each party may receive non-public information from the other (Confidential Information). The receiving party will use reasonable care to protect Confidential Information and use it only for the purpose of the Services. Exclusions include information that is public, independently developed, or rightfully received from a third party without duty of confidentiality.

9. Warranties and disclaimer

To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available". We disclaim all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including death or personal injury caused by negligence, fraud, or other liabilities that may not be limited in the EEA or UK for consumers).

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill. Subject to the preceding paragraph, our aggregate liability arising out of or related to the Services in any twelve-month period is limited to the greater of (a) the fees you paid us for the Services in that period or (b) one hundred US dollars (USD 100), except where a higher cap is set in a Customer Agreement.

11. Indemnity

You will defend and indemnify us and our affiliates, officers, and employees against third-party claims, damages, and costs (including reasonable legal fees) arising from your Customer Data, your use of the Services in breach of these Terms, or your violation of law or third-party rights, except to the extent caused by our wilful misconduct.

12. Term and termination

These Terms remain in effect while you use the Services. We may suspend or terminate access for breach, non-payment, or legal requirements. You may stop using the Services at any time; termination of a paid subscription follows your Customer Agreement or checkout terms. Upon termination, your right to access the Services ceases; we may delete Customer Data after any post-termination retention period stated in our Privacy Policy or Customer Agreement.

13. EEA and UK consumers

If you are a consumer in the European Economic Area or the United Kingdom, you benefit from mandatory provisions of local law. Where you purchase digital services online as a consumer, you may have a statutory right to withdraw from the contract within 14 days under consumer protection rules, unless you requested immediate performance and acknowledged that you lose that right once delivery begins. Nothing in these Terms affects those statutory rights.

14. Governing law and disputes

Unless a Customer Agreement specifies otherwise, these Terms are governed by the laws of Nepal, without regard to conflict-of-law rules. Courts in Nepal shall have exclusive jurisdiction for disputes arising from these Terms, subject to mandatory rights you may have as a consumer to bring proceedings in your country of residence under EU/UK or other local law.

15. General

• Entire agreement: These Terms, together with the Privacy Policy, Cookie Policy, and any Customer Agreement, constitute the entire agreement on their subject matter.
• Assignment: You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.
• Severability: If a provision is invalid, the remainder remains in effect.
• Waiver: Failure to enforce a provision is not a waiver.
• Force majeure: We are not liable for delays or failures due to events beyond our reasonable control.

16. Contact

Questions about these Terms: hello@xdines.com
Address: Kathmandu, Nepal