Terms of Service

1. Identification of Service Provider & Agreement

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between Sofija Potocka Software Development IT Consulting Services (SP Dev), Tax ID (NIP): 7343675273, REGON: 545555664, registered at ul. Romana Żulińskiego 15 lok. 6, 33-300 Nowy Sącz, Poland ("SP Dev", "Company", "we", "our", or "us") and the restaurant business or merchant accessing or using our software platform ("Merchant", "Client", "you").

By subscribing to, accessing, or using the SP Dev software platform, mobile applications, API integrations, or consulting services, you represent that you have the legal authority to bind your business and agree to be bound by these Terms.

2. Scope of Software Services

SP Dev provides cloud-based software-as-a-service (SaaS) solutions, web applications, mobile applications, and IT consulting services for hospitality businesses, including:

• Custom branded online ordering web portals and digital menu systems;
• Custom native iOS and Android mobile applications;
• Kitchen Display Systems (KDS) and kitchen station routing tools;
• Smart driver dispatch management and customer live SMS tracking;
• QR code tableside dine-in ordering and payment processing integrations;
• POS synchronization, reporting analytics, and technical setup consulting.

3. Subscriptions, Fees & Payment Processing

Subscription Pricing: Software services are provided on a recurring subscription basis (Monthly or Annual terms) as detailed on our public Pricing Page. Prices are quoted in EUR (€) or USD ($).

Zero Commission Guarantee: SP Dev does not charge percentage commission fees on food and beverage orders processed through your website or apps (0% commission).

Payment Processing (Stripe & Mollie): Subscription billing and digital transactions are processed securely via certified payment gateways Stripe and Mollie. Supported payment methods include Visa, Mastercard, iDEAL, Apple Pay, and Google Pay. Your cardholder statement will reflect SPDEV. By providing payment details, you authorize recurring charges at the beginning of each billing interval.

Order Transaction Processing: End-customer payments for food orders are processed directly through your restaurant's linked Stripe or Mollie merchant account and deposited directly into your bank according to your payout schedule.

4. Cancellation & 14-Day Money-Back Guarantee

You may cancel your recurring subscription at any time directly through your merchant dashboard or by emailing sofijapotocka@getdadigital.com. Cancellations take effect at the conclusion of the current billing cycle with no cancellation penalties.

All new software subscriptions are backed by our 14-Day Risk-Free Money-Back Guarantee. For full details on refund eligibility, please review our dedicated Refund Policy.

5. Service Availability, Uptime & Support SLA

We target a minimum 99.9% uptime for online ordering systems and mobile apps. Scheduled maintenance is conducted during off-peak hours with prior notice.

Support Hours: Standard helpdesk support is available Monday through Friday, 9:00 AM to 6:00 PM CET with a guaranteed turnaround of under 24 business hours. Active restaurant clients have access to our 24/7 priority emergency hotline for urgent POS or checkout interruptions.

6. Data Ownership & Intellectual Property

Merchant Data Ownership: You retain complete, exclusive ownership of all customer data, menu items, images, brand assets, and order history generated through your platform. SP Dev will never sell, lease, or monetize your customer lists.

SP Dev IP: SP Dev retains all rights, title, and interest in and to the underlying software platform, codebases, algorithms, UI components, and documentation. You receive a non-exclusive, non-transferable license to use the software during your active subscription term.

7. Merchant Obligations & Acceptable Use

Merchant agrees to:

• Accurately list menu item prices, taxes, descriptions, and allergen disclosures;
• Maintain active health permits and comply with applicable local food and beverage laws;
• Promptly fulfill customer orders placed through the platform;
• Not reverse-engineer, decompile, or attempt to extract source code from the software;
• Not use the platform for any fraudulent or unlawful activities.

8. Limitation of Liability & Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOFIJA POTOCKA SOFTWARE DEVELOPMENT IT CONSULTING SERVICES (SP DEV), ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS REPUTATION. OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.