Dyner Terms & Conditions

We are Dyner Proprietary Limited ("Dyner", "we", "our" or "us"), a private company incorporated in accordance with the laws of the Republic of South Africa. We are a technology company that provides restaurant intelligence, analytics and operational optimisation services. Dyner is a subsidiary of Yoco Technologies Proprietary Limited (“Yoco”).

"You", "your" or "Client" means the person or business that applies for, accesses or uses the Services, including any person you authorise to act on your behalf and any lawful successor to your rights or obligations.

We provide a range of restaurant intelligence, analytics and operational optimisation services, tools and features designed to help you run and grow your hospitality business. These include business intelligence and reporting, sales forecasting, labour forecasting and scheduling, inventory analytics, invoice processing, fraud and waste detection, artificial intelligence tools and assistants, menu engineering, benchmarking and analytics, data integration services, operational optimisation services, other business tools as may be agreed and training, where required (the "Services").

Some aspects of the Services rely on third-party software, APIs, integrations, infrastructure providers and technology partners, including POS providers, inventory management platforms, accounting systems, cloud infrastructure providers, internet service providers and other third-party software vendors (the "Technology Partners").

We also work with authorised third-party partners and service providers to support and enhance the Services, including partners that enable data integrations, analytics processing, or related product features (the "Product Partners").

Technology Partners and Product Partners are collectively referred to as "Dyner Partners". References to Dyner Partners include current and future partners. Dyner Partners operate independently and in accordance with applicable law. In some cases, their own terms of use or privacy policies may apply when you use Services or features supported by a Dyner Partner.

These are Dyner’s main terms and conditions, which govern our overall relationship with you. You agree to be bound by these terms and our policies (including our Privacy Policy, as updated from time to time) together form your agreement with us (the “Agreement”).

This Agreement shall commence on the date on which you subscribe through the website for the Services.

Thereafter, the Agreement shall continue on a month-to-month basis until terminated by either Party in accordance with the terms of this Agreement.

Only persons you authorise may use the Services on your behalf. You are responsible for selecting, managing and supervising all persons who access or use the Services for your business.

You must keep all login details and security features (including passwords, PINs, access codes or other credentials) secure and confidential and may share them only with authorised users. You remain responsible for all use of the Services through your credentials. If any person uses the Services with your credentials, whether authorised or not, you remain responsible for that use, and Dyner is not responsible for any resulting loss or damage.

You must take reasonable steps to prevent fraud, impersonation and unauthorised access to the Services or your data, including monitoring activity and promptly removing access when a person is no longer authorised.

Your Dyner account is personal to you and may not be transferred or shared with any other person or business. Any person or business wishing to use Dyner must complete their own onboarding process.

Dyner may modify, replace, improve, enhance or discontinue features, functionality, reports, dashboards, workflows and user interfaces from time to time. Provided that such changes do not materially reduce the overall functionality of the Services, such changes shall not constitute a breach of this Agreement.

We aim to make the Services reliable and available, but we do not guarantee uninterrupted, timely, secure or error-free operation. Delays, interruptions, errors or outages may occur from time to time.

Some aspects of the Services rely on systems, networks or services operated by Dyner Partners or other third parties. Because we do not control these systems, we cannot guarantee their availability or performance.

Services, or components of the Services, supported by Dyner Partners may be unavailable due to maintenance, upgrades, network disruptions or technical faults. We will take reasonable steps to restore the Services as soon as practicable, but we are not responsible for losses caused by events outside our reasonable control.

You are responsible for taking reasonable steps to protect your business when using the Services, including using secure internet connections, reliable devices and appropriate backup or continuity measures.

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Dyner disclaims all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement and availability.

Nothing in this section limits any rights you may have under applicable law that cannot be excluded.

You acknowledge that the Services may rely upon third-party software, APIs, integrations, infrastructure providers and Technology Partners. Dyner shall not be liable for any interruption, delay, failure, inaccuracy or loss caused directly or indirectly by restaurant management platforms, POS providers, accounting systems, cloud infrastructure providers, internet service providers, third-party software vendors or any third-party service outside Dyner's reasonable control.

Support Hours: Dyner shall provide support during normal South African business hours, being Monday to Friday from 08:00 to 17:00, excluding public holidays. Dyner may provide support outside of these hours at its sole discretion.

Target Service Levels:

You may not do any of the following:

The Services may generate forecasts, recommendations, analytics, benchmarks, reports, predictions and alerts. Such outputs are provided for informational and decision-support purposes only.

You remain solely responsible for all operational, staffing, purchasing, pricing, inventory, financial and management decisions made using or in connection with the Services.

Dyner shall not be liable for any loss arising from reliance upon any forecast, recommendation, report, model, benchmark or output generated by the Services. Use of the Services is at your own risk.

Details of applicable fees and available packages are set out on our website or in any applicable written agreement or order form entered into between you and Dyner.

Subscription and payment authorisation. The Services are provided on a subscription basis. When you subscribe through the website, you must provide valid payment card details and you authorise Dyner (and its third-party payment processor) to charge that card, on a recurring basis, for the applicable monthly subscription fees and any other amounts due under this Agreement. This authorisation continues until this Agreement is terminated or you cancel the subscription in accordance with these T&Cs. Existing Yoco merchants may be billed through Yoco.

Recurring monthly billing. Subscription fees are billed monthly in advance. Dyner will automatically charge your nominated card on each monthly billing date (being the date corresponding to the date on which your subscription commenced, or the last day of the month where no corresponding date exists). Each charge is for the upcoming month of Services.

Card details and accuracy. You must ensure that the card details held by Dyner remain valid, current and sufficiently funded. You are responsible for updating your card details before the next billing date if your card expires, is replaced or is cancelled. You may update your payment details at any time through your account or by contacting Dyner.

Failed or declined payments. If a recurring payment is declined or cannot be processed, Dyner may re-attempt the charge within a reasonable period. If payment remains unsuccessful, Dyner may suspend your access to the Services on written notice until payment is received, and amounts that remain unpaid for more than thirty (30) days shall accrue interest at the prime lending rate plus two percent (2%) per annum.

Payment processing. Card payments are processed by a third-party payment processor. Dyner does not store full card details on its own systems and relies on a PCI-DSS compliant processor to handle card data. Your use of the payment facility may also be subject to the payment processor's terms.

Taxes and non-refundability. All fees are exclusive of VAT and any other applicable taxes, which will be added where required. Except as expressly stated in this Agreement or required by law, all fees charged are non-refundable, including where you cancel partway through a billing month.

Changes to fees. We may change our fees or introduce new fees from time to time. Where required by law, we will give you advance notice of any fee change. If you continue to use the Service after a fee change takes effect, you are deemed to have accepted the updated fees. If you do not agree to a fee change, you must stop using the Service and give notice to terminate before the change takes effect.

If you decide to terminate: You may terminate your use of the Services by giving 30 days written notice to Dyner via admin@dyner.ai.

Termination by Dyner: Dyner may suspend or terminate your access to the Service, or end our relationship with you (in whole or in part), if we are required to do so by law, regulation, a Dyner Partner, or any member of the Dyner’s group of companies or if we reasonably believe this is necessary to manage risk or protect Dyner, our customers, Dyner Partners or any member of Dyner’s group of companies. Where reasonably possible, we will give you notice before suspending or terminating the Service. However, we may act immediately and without prior notice where required or permitted by law, regulation, requirements of a Dyner Partner or any member of Dyner’s group, or our risk policies, including where we reasonably suspect fraud, unlawful activity, unauthorised use, or conduct that threatens system security or stability.

When a termination takes effect, your right to use the affected Service ends immediately, and all amounts owed to Dyner become immediately due and payable.

Provisions which by their nature are intended to survive termination (including those relating to fees, data ownership, intellectual property, confidentiality, liability limits, and dispute resolution) will continue to apply.

You warrant to Dyner, on an ongoing basis, that:

If any warranty under this Agreement is untrue, inaccurate, misleading or breached, Dyner may, where reasonable and permitted by law:

Where reasonably possible, Dyner will notify you of the issue and allow you an opportunity to explain or remedy it before taking action, unless immediate action is required by law, regulation or risk considerations.

Subject to 11.4, all intellectual property used in or made available through the Services, including software, algorithms, models, reports, dashboards, methodologies, workflows, product improvements, artificial intelligence systems, derivative works, designs, logos, trademarks, content, data and related materials ("Dyner IP") is owned by or licensed to Dyner. Nothing in this Agreement gives you ownership of any Dyner IP.

Dyner gives you a limited, non-exclusive, non-transferable and revocable licence to use the Services and Dyner IP only for your lawful business purposes and only in line with this Agreement.

You may not copy, change, sell, distribute, lease, reverse engineer or otherwise use Dyner IP unless Dyner has expressly allowed it in writing.

You retain ownership of your underlying business data. By using the Services, you grant Dyner a non-exclusive licence to access, process, store, analyse and use such data for purposes of providing and improving the Services, subject to our Privacy Policy. This licence continues for as long as necessary to fulfil these purposes and survives termination only to the extent required by law or for compliance, audit or record-keeping purposes.

Dyner may utilise aggregated, anonymised and non-identifiable data for benchmarking, analytics, research, product development, artificial intelligence and machine learning model training, service improvement and industry reporting.

Some Services rely on third-party or partner systems. Your use of those systems may be subject to their own terms. We are not responsible for how those systems perform or are licensed.

Dyner processes personal information in accordance with applicable data protection laws and Dyner's Privacy Policy, which forms part of this Agreement and is available on our website.

You agree that if you provide Dyner with personal information relating to any other person (including owners, directors, authorised users, employees or customers), you have the authority to do so and have obtained any required consents or provided any required notices.

By using the Services, you agree that we may share your personal information with other companies within our group where this is necessary to provide our Services, manage our business, comply with legal obligations, or for other legitimate business purposes. Any company that receives your information will be required to protect it and process it in accordance with applicable data protection laws and our Privacy Policy.

You are responsible for protecting any personal information you collect or access when using the Services, including by using it only for lawful business purposes, keeping it secure and complying with applicable data protection laws.

To the maximum extent permitted by law, Dyner (including its affiliates, directors, employees, agents and Dyner Partners) is not liable for any indirect, incidental, special, consequential or punitive loss or damage, including loss of profits, revenue, business, data, goodwill, anticipated savings or business opportunity, even if Dyner was advised of the possibility of such loss.

To the maximum extent permitted by law, Dyner's total aggregate liability to you for any claims arising out of or in connection with this Agreement or the Services (whether in contract, delict, statute or otherwise) is limited to the total fees paid by you to Dyner in the 6 (six) months immediately preceding the event giving rise to the claim.

Dyner is not liable for any loss, delay, failure or damage arising from (i) your breach of this Agreement or applicable law; (ii) unauthorised access to or use of the Services; (iii) actions or omissions of Dyner Partners or other third parties outside Dyner's reasonable control; (iv) interruptions, outages or technical failures; (v) reliance on any forecast, recommendation, report, model, benchmark or output generated by the Services; or (vi) events beyond Dyner's reasonable control.

Assignment: You may not transfer or assign your rights or obligations under this Agreement without Dyner's prior written consent. Dyner may assign or transfer its rights and obligations under this Agreement to any member of its corporate group (including Yoco Technologies Proprietary Limited) without your consent.

Entire Agreement and Amendments: This Agreement is the full agreement between you and Dyner and replaces all previous discussions or understandings. We may update this Agreement or related policies from time to time. If you do not agree with a change, you must stop using the affected Service before it takes effect.

Governing Law: This Agreement is governed by South African law. Dyner may bring proceedings in any court with jurisdiction, including the Magistrates’ Court, even if the claim exceeds its usual limits.

Severability: If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to apply.

Notices: Notices may be sent electronically or in writing. Notices to you may be sent to the email address associated with your Dyner account and will be deemed received within a reasonable time after sending. Notices to Dyner may be sent to: Email: admin@dyner.ai, Address: 20 Kloof Street, Gardens, Cape Town, 8001.

Electronic Acceptance: By signing up for or using any Service, you agree to this Agreement, which constitutes a binding electronic agreement in terms of the Electronic Communications and Transactions Act, 25 of 2002.