Terms of Service

These terms govern the supply of Nyxis's software to a business customer (a "client"). They are a business-to-business agreement; they are not terms between a restaurant and its own customers, and they do not affect any consumer's rights against the restaurant they ordered from.

The service

We provide white-label digital storefronts and online ordering software, including a branded ordering site, a kitchen display for staff, and an administration dashboard. We provide the software; the client remains responsible for its own food business - including menu accuracy, allergen information, pricing, food safety, and fulfilling the orders it accepts.

Accounts and access

A client is responsible for the accounts it creates for its own staff, for keeping credentials secure, and for removing access when someone leaves. A client must not attempt to access another client's data.

Fees

Fees consist of a recurring subscription and a commission on orders processed through the platform, at the rates agreed with the client. Subscriptions are billed monthly in advance. Fees are exclusive of VAT, which is added where applicable. We will give reasonable notice before changing a client's rates.

Payments

Payments made by a client's own customers are processed by Stripe and settle to the client's own connected Stripe account, subject to Stripe's terms. Nyxis does not hold client funds and is not a payment institution. Refunds to a customer are the client's decision and responsibility.

Data protection

Where we process personal data belonging to a client's customers, we do so as a processor on that client's instructions, and the client is the controller. Our Privacy Policy explains this split in more detail.

Availability

We work to keep the service available and reliable, but we do not guarantee uninterrupted operation. We may carry out maintenance, and will seek to minimise disruption to ordering hours where we can.

Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. Subject to that, we are not liable for loss of profit, loss of business, or indirect or consequential loss, and our total liability in any twelve-month period is limited to the fees paid by the client in that period.

Term and cancellation

Either party may end the agreement on reasonable written notice. On termination we will make a client's own data available for a reasonable period before deletion. Fees already incurred remain payable.

Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Contact

Questions about these terms can be sent to [email protected].