Terms of Service
Last updated: February 2025. These terms ("Terms") govern your use of the Serva platform ("Service") operated by Serva ("we", "us", "our"). By accessing or using the Service you agree to these Terms.
1. Acceptance of terms
By creating an account, using our website, or otherwise accessing the Service (including as a restaurant, staff member, or customer), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Description of the service
Serva provides a restaurant management and customer-facing platform that may include:
- Digital menus and ordering (e.g. via QR at tables or for pickup).
- Table and reservation (booking) management.
- Multi-location support, table management, and kitchen/order display.
- Customer accounts, loyalty programmes, and reviews (where enabled by the restaurant).
- Analytics and reporting for restaurants.
- Support and contact channels.
The exact features available depend on your subscription plan and configuration. We do not currently process payments for orders or deposits on the platform; when payment functionality is introduced, additional payment and refund terms may apply.
3. Eligibility and accounts
Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to register as a restaurant or staff member. Use of customer-facing features (e.g. placing orders, making reservations) may be subject to local age or other restrictions as applied by the restaurant or by law.
Restaurant and staff accounts: You must provide accurate, complete registration and business information. You are responsible for keeping your credentials secure and for all activity under your account. You must notify us promptly of any unauthorised use.
Customer accounts: Where customer accounts are offered, you may sign up with email or third-party providers (e.g. Google). You are responsible for the accuracy of your profile and for maintaining the security of your account.
4. Acceptable use and user responsibilities
You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for:
- Ensuring that content you upload (menus, images, descriptions) is accurate, lawful, and that you have the rights to use it.
- Complying with applicable laws (e.g. food safety, consumer rights, data protection) in your use of the Service.
- Your dealings with end customers (e.g. fulfilment of orders, honouring reservations); we provide the platform only.
- Obtaining any consents required from your customers (e.g. for marketing, loyalty) where you use those features.
5. Prohibited conduct
You must not:
- Use the Service for any illegal purpose or in violation of any applicable law.
- Impersonate any person or entity, or misrepresent your affiliation.
- Upload or transmit malicious code, or attempt to gain unauthorised access to our or others' systems or data.
- Scrape, reverse engineer, or build a competing product using the Service beyond normal use.
- Resell or sublicense access to the Service except as expressly permitted (e.g. multi-location within your business).
- Use the Service to send spam, harass, or harm others.
- Upload content that infringes intellectual property or that is defamatory, obscene, or otherwise objectionable.
We may suspend or terminate access and remove content that we reasonably believe violates these Terms or the law.
6. Intellectual property
Our rights: The Service (including software, design, branding, and documentation) is owned or licensed by us. You receive a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose during the term of your agreement with us.
Your content: You retain ownership of content you upload (menus, logos, images, descriptions). You grant us a worldwide, non-exclusive, royalty-free licence to use, store, display, and process that content as necessary to provide and operate the Service (e.g. displaying menus to customers, backing up data). You represent that you have the rights to grant this licence and that your content does not infringe third-party rights.
7. Subscription, plans, and trial
Access to the Service may be offered under different plans (e.g. trial, takeaway, all-in-one) with varying features and limits. We may offer a trial period; at the end of the trial, continued use may require a paid subscription when payment is enabled. Plan features and limits are described on our website and in your account. We may change plans, features, or pricing with notice; continued use after changes may constitute acceptance where permitted by law.
We do not currently process payments for subscriptions on the platform. When we do, payment terms (including billing, renewal, and refunds) will be set out in separate terms or on the pricing page and may be subject to a refund policy.
8. Termination
By you: You may stop using the Service and close your account at any time, subject to any minimum commitment period that applies to your plan.
By us: We may suspend or terminate your access (or that of a restaurant or user) with or without notice if we reasonably believe you have breached these Terms, for non-payment when payment is required, for legal or regulatory reasons, or to protect the Service or others. We may also discontinue the Service or particular features with reasonable notice where practicable.
Effect: On termination, your right to use the Service ends. We may retain and use data as described in our Privacy Policy (e.g. for legal compliance). You may export your data before termination where we provide tools to do so.
9. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF RESTAURANTS, CUSTOMERS, OR THIRD PARTIES, OR FOR THE QUALITY, SAFETY, OR LEGALITY OF CONTENT OR TRANSACTIONS CONDUCTED VIA THE SERVICE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE (AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (OR, IF YOU HAVE NOT PAID US, ONE HUNDRED EUROS (€100)).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities; in such jurisdictions, the above limitations apply only to the extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Serva and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your content or your conduct; (c) your violation of these Terms or any law; or (d) any dispute between you and a restaurant, customer, or third party in connection with the Service. We reserve the right to assume exclusive defence and control of any matter subject to indemnification by you; you will cooperate with us in that defence.
12. Disputes and governing law
These Terms are governed by the laws of Malta (or such other jurisdiction as we specify for the entity operating the Service), without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved in the courts of that jurisdiction, except where we agree to another method (e.g. arbitration) in writing. You waive any objection to jurisdiction and venue in those courts.
13. Changes to the terms
We may modify these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. For material changes we may also notify you by email or through the Service. Continued use of the Service after the effective date of changes constitutes acceptance of the new Terms where permitted by law. If you do not agree, you must stop using the Service and may close your account.
14. General
Entire agreement: These Terms and our Privacy Policy (and any other policies we reference) constitute the entire agreement between you and us regarding the Service and supersede prior agreements.
Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.
No waiver: Our failure to enforce any right or provision does not waive that right or provision.
Assignment: You may not assign or transfer these Terms without our consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.
15. Contact
For questions about these Terms or the Service, contact us via our contact form or the email address published on our website.
Serva