Restaurant / SaaS Agreement

Sizzle is a software-as-a-service platform designed to help restaurants and hospitality businesses operate, engage with customers and manage digital restaurant experiences.

Depending on the Restaurant's plan and enabled features, Sizzle may provide:

• Digital menus
• QR ordering
• Table management
• Order management
• Kitchen operations
• Staff tools
• Reservations
• Customer memberships
• Loyalty and rewards
• CoinZ
• Coupons and vouchers
• Customer engagement
• Campaigns
• Customer analytics
• Business analytics
• Customer relationship tools
• Customer communications
• Reporting
• Other features introduced by Sizzle

Sizzle is continuously developed and may add, modify or discontinue features.

Sizzle operates primarily as a subscription-based SaaS service.

Your subscription may include:

• A base Sizzle subscription
• Feature-specific add-ons
• Usage-based charges where expressly disclosed
• Optional premium services
• Other fees expressly agreed between the parties

Your applicable plan and pricing will be displayed during onboarding, subscription selection or within your Restaurant account.

Unless otherwise agreed, your subscription does not grant ownership of the Sizzle software.

Sizzle may offer multiple subscription plans.

Plans may differ in:

• Features
• Number of staff accounts
• Usage limits
• Customer capacity
• Analytics
• Marketing capabilities
• Support
• Integrations
• Other functionality

Sizzle may also offer optional paid add-ons.

Examples may include:

• Advanced analytics
• Marketing automation
• Premium customer engagement
• Additional operational modules
• Additional usage
• Premium support
• Future Sizzle products or modules

You are not required to purchase optional add-ons unless you choose to enable them.

Add-ons may have separate pricing and terms displayed before activation.

You agree to pay the fees applicable to your selected plan and enabled add-ons.

Unless otherwise specified:

• Subscription fees are billed in advance.
• Fees are payable according to the billing interval shown during purchase.
• Applicable taxes may be added.
• Fees are non-refundable except where required by law or expressly stated otherwise.
• Promotional pricing may have separate conditions.

Sizzle may change pricing for future billing periods by providing reasonable notice.

A price change does not retroactively change fees already paid.

Sizzle may offer free trials or promotional periods.

A trial may:

• Apply only to certain plans
• Have usage restrictions
• Require payment information
• Convert into a paid subscription if not cancelled
• Be limited to one trial per Restaurant or business

The specific terms of a trial will be displayed when the trial is offered.

Sizzle may discontinue or modify trial programs where reasonably necessary.

Payments may be processed through third-party payment providers.

You authorise Sizzle and/or its payment provider to charge the applicable subscription fees and enabled add-ons according to your selected billing arrangement.

You are responsible for maintaining valid payment information.

If payment fails, Sizzle may:

• Retry the payment
• Notify you
• Restrict certain features
• Suspend the account
• Terminate the subscription after appropriate notice

Where supported, recurring billing or payment mandates may be used.

You must provide accurate information when creating a Restaurant account.

This may include:

• Restaurant name
• Business information
• Address
• Contact information
• Operating hours
• Menu information
• Payment information
• Staff information
• Other information necessary to operate Sizzle

You are responsible for keeping this information accurate.

The person creating or accepting a Restaurant account represents that they:

• Have authority to represent the Restaurant; or
• Are authorised by the Restaurant to use Sizzle.

If you are accepting this Agreement on behalf of a company, partnership or other organisation, you represent that you have authority to bind that organisation.

The Restaurant is responsible for:

• Its business operations
• Food and beverage services
• Menu accuracy
• Pricing
• Availability
• Taxes applicable to its sales
• Food safety
• Allergens
• Customer service
• Order fulfilment
• Refunds and cancellations
• Restaurant-specific promotions
• Staff conduct
• Compliance with applicable laws

Sizzle does not replace the Restaurant's legal or operational responsibilities.

The Restaurant may upload:

• Menus
• Food descriptions
• Prices
• Images
• Categories
• Restaurant information
• Opening hours
• Promotions
• Policies
• Other business information

The Restaurant is responsible for ensuring this information is accurate and lawful.

You grant Sizzle a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, format, distribute and otherwise process Restaurant content as reasonably necessary to provide and promote Sizzle services.

The Restaurant retains ownership of its trademarks, logos, menu content and other intellectual property supplied to Sizzle.

Nothing in this Agreement transfers ownership of Restaurant intellectual property to Sizzle.

The Restaurant grants Sizzle the licence necessary to operate the platform using that material.

Sizzle and Flowyn retain all rights in:

• Sizzle software
• Source code
• Platform architecture
• Designs
• Interfaces
• Documentation
• Workflows
• Algorithms
• Analytics methodologies
• Databases and platform structures
• Sizzle branding
• Sizzle trademarks
• Proprietary technology

The Restaurant receives only the limited right to use Sizzle during its subscription.

For purposes of this Agreement, “Customer Data” means information about customers that the Restaurant provides to Sizzle or that is generated through the Restaurant's use of Sizzle.

This may include:

• Names
• Phone numbers
• Orders
• Reservations
• Memberships
• Loyalty activity
• Rewards
• Customer interactions
• Campaign activity
• Restaurant-specific customer history

Sizzle may process Customer Data to provide the contracted Sizzle services.

Where the Restaurant provides or imports Customer Data into Sizzle, the Restaurant is responsible for ensuring that:

• It has the appropriate authority to provide the data.
• The data was collected lawfully.
• It provides appropriate notices where required.
• It does not knowingly provide unlawfully obtained information.
• Its marketing campaigns comply with applicable requirements.
• Its staff use Customer Data appropriately.

The Restaurant must not upload data that it is prohibited from sharing.

Sizzle may process Customer Data as necessary to:

• Operate the platform
• Provide ordering functionality
• Manage memberships
• Provide loyalty programs
• Provide rewards
• Manage reservations
• Provide customer analytics
• Provide restaurant reporting
• Facilitate customer communications
• Provide marketing functionality where enabled
• Detect fraud and abuse
• Secure the platform
• Troubleshoot problems
• Improve platform performance
• Provide support
• Develop and operate Sizzle features

Sizzle may also process information for its own legitimate platform purposes where permitted by applicable law and disclosed through the applicable Privacy Policy and notices.

Sizzle may provide the Restaurant with analytics relating to its own customers and business activity.

These may include:

• Customer visits
• Repeat visits
• Order activity
• Popular products
• Membership activity
• Reward usage
• Campaign performance
• Customer engagement
• Retention
• Revenue-related analytics
• Other restaurant performance metrics

The Restaurant does not receive another Restaurant's identifiable customer data.

Sizzle may generate aggregated, statistical or de-identified information from platform usage.

Subject to applicable law, Sizzle may use such information for:

• Product development
• Analytics
• Benchmarking
• Research
• Industry insights
• Business intelligence
• Platform optimisation
• Improving Sizzle

Sizzle may create general benchmarks across participating restaurants without disclosing another Restaurant's identifiable customer information.

Sizzle may use third-party service providers to operate the platform.

These may include providers for:

• Hosting
• Database infrastructure
• Authentication
• Communications
• WhatsApp
• Analytics
• Security
• Error monitoring
• AI
• Customer support
• Payments
• Other infrastructure

The Restaurant authorises Sizzle to use such providers as reasonably necessary to provide Sizzle services, subject to applicable law and Sizzle's privacy obligations.

Sizzle may use AI or automated systems to provide:

• Analytics
• Customer-support functionality
• Recommendations
• Business insights
• Content assistance
• Operational features
• Other Sizzle functionality

Sizzle will seek to minimise unnecessary personal information shared with AI providers.

Where practical, aggregated or de-identified information may be used.

Sizzle may provide tools allowing Restaurants to communicate with their customers.

These may include:

• Offers
• Rewards
• Campaigns
• Birthday benefits
• Re-engagement messages
• Membership communications
• Promotional messages

The Restaurant is responsible for ensuring its campaigns comply with applicable law and the customer's communication preferences.

Sizzle may restrict or disable campaigns that appear unlawful, abusive, fraudulent or harmful.

Where Sizzle provides messaging through WhatsApp, SMS, email or another channel:

• Delivery depends on the relevant provider.
• Messages may be subject to provider policies.
• Sizzle does not guarantee delivery.
• Restaurants must use messaging tools only for permitted purposes.
• Restaurants must not use Sizzle to send spam or unlawful communications.

Restaurants may create staff accounts according to their plan.

The Restaurant is responsible for:

• Assigning appropriate permissions
• Maintaining staff information
• Removing former employees
• Preventing credential sharing
• Ensuring staff use Sizzle appropriately

The Restaurant is responsible for activity performed by its staff accounts, subject to applicable law.

Sizzle maintains technical and organisational measures designed to protect Restaurant and Customer Data.

These may include:

• Authentication
• Role-based permissions
• Tenant isolation
• Database access controls
• Security monitoring
• Error monitoring
• Access logging
• Security testing
• Infrastructure security controls

The Restaurant must also maintain reasonable security practices, including appropriate staff access management.

If Sizzle becomes aware of a security incident affecting Restaurant or Customer Data, Sizzle will respond according to its incident-response procedures and applicable legal requirements.

The Restaurant agrees to reasonably cooperate where information or action from the Restaurant is necessary.

Restaurants must promptly notify Sizzle of suspected security incidents affecting their Sizzle account.

The Restaurant must not:

• Use Sizzle for unlawful purposes
• Attempt to access another Restaurant
• Circumvent security controls
• Manipulate orders or rewards
• Abuse customer data
• Send unlawful marketing
• Upload malicious code
• Reverse engineer Sizzle except where legally permitted
• Scrape Sizzle without permission
• Resell Sizzle without authorisation
• Attempt to disrupt Sizzle
• Exploit vulnerabilities for personal gain

Restaurants must not use Sizzle to:

• Sell customer personal information unlawfully
• Create unlawful customer profiles
• Conduct prohibited surveillance
• Send prohibited communications
• Upload data obtained through unlawful means
• Access another Restaurant's customer information

Sizzle may restrict functionality where necessary to protect users, restaurants or the platform.

During an active subscription and for a reasonable period after termination, the Restaurant may request an export of applicable Restaurant Data.

Export format and availability may depend on the type and structure of the data.

After the applicable export period, Sizzle may delete or anonymise data it no longer needs to retain, subject to:

• Legal obligations
• Security requirements
• Fraud prevention
• Dispute resolution
• Financial/accounting requirements
• Other lawful retention requirements

Sizzle may suspend some or all Restaurant functionality where reasonably necessary because of:

• Non-payment
• Fraud
• Security threats
• Illegal activity
• Material breach
• Abuse of Customer Data
• Unlawful marketing
• Threats to Sizzle or other users
• Repeated violations
• Legal requirements

Where reasonably possible, Sizzle will provide notice and an opportunity to remedy the issue.

Immediate suspension may occur where necessary to protect the platform, users or comply with law.

The Restaurant may terminate its subscription according to the cancellation process provided by Sizzle.

Unless otherwise agreed, termination does not automatically entitle the Restaurant to a refund of fees already paid.

Sizzle may terminate the Agreement where:

• The Restaurant materially breaches the Agreement
• The Restaurant repeatedly violates platform rules
• The Restaurant fails to pay
• Continued operation creates significant legal/security risk
• The Restaurant engages in fraud
• Required by law
• The Restaurant's business is dissolved or becomes insolvent
• Continued provision becomes commercially or technically impracticable

Upon termination:

• Restaurant access ends after the applicable termination period.
• Outstanding fees remain payable.
• The Restaurant may obtain applicable data exports during the available export period.
• Sizzle may delete or anonymise data it no longer needs.
• Legal, accounting, security and dispute-related records may be retained where necessary.

Sections concerning intellectual property, confidentiality, payment obligations, liability, indemnity, dispute resolution and other provisions intended to survive termination will remain effective.

Each party may receive confidential information belonging to the other.

The receiving party agrees to:

• Protect confidential information
• Use it only for the relevant relationship
• Not disclose it unnecessarily
• Limit access to authorised personnel and service providers

Confidential information does not include information that:

• Is publicly available
• Was already lawfully known
• Is independently developed
• Must be disclosed by law

Sizzle may modify, improve, replace or discontinue features.

We may introduce new features as part of existing plans or as separately priced add-ons.

Where a change materially affects a paid service, Sizzle will provide reasonable notice where appropriate.

Support availability depends on the Restaurant's plan.

Support may be provided through:

• Email
• In-product support
• Documentation
• Other channels made available by Sizzle

Premium support may be offered as an add-on.

Unless a specific service-level agreement is separately agreed, Sizzle does not guarantee a specific response or resolution time.

Each party represents that it has the authority to enter into this Agreement.

Except as expressly stated and to the maximum extent permitted by applicable law, Sizzle does not provide additional implied warranties regarding:

• Uninterrupted availability
• Error-free operation
• Specific business results
• Customer retention
• Revenue increases
• Restaurant profitability

Sizzle provides technology; it does not guarantee a particular commercial outcome.

To the extent permitted by applicable law, the Restaurant agrees to indemnify and hold harmless Flowyn, Sizzle and their personnel against claims, losses and reasonable expenses arising from:

• Restaurant's violation of this Agreement
• Restaurant's unlawful use of Sizzle
• Restaurant's food or hospitality services
• Restaurant's menu or pricing
• Restaurant's unlawful marketing
• Restaurant's unlawful use of Customer Data
• Content supplied by the Restaurant
• Infringement caused by Restaurant-provided content
• Fraud or misconduct by the Restaurant

This does not apply to the extent caused by Sizzle's own unlawful conduct.

To the maximum extent permitted by applicable law, Sizzle will not be liable for indirect, incidental, special, consequential or punitive losses, including loss of:

• Revenue
• Profit
• Goodwill
• Business opportunities
• Expected savings
• Data

Subject to the carve-outs below, and to the maximum extent permitted by applicable law, Sizzle's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort or otherwise, is limited to the total subscription fees actually paid by the Restaurant to Sizzle in the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation does not apply to, and Sizzle's liability is not capped in respect of:

• Fraud
• Wilful misconduct
• Breach of the confidentiality obligations in this Agreement
• Infringement of Sizzle's intellectual property rights
• The Restaurant's own payment obligations under this Agreement
• Any liability that cannot lawfully be limited or excluded under applicable law

Nothing in this Agreement makes Sizzle responsible for operating the Restaurant.

The Restaurant remains an independent business responsible for:

• Employees
• Food
• Licences
• Taxes
• Regulatory compliance
• Customers
• Suppliers
• Premises
• Pricing
• Business operations

Sizzle does not become a partner, joint venture, franchisee or agent of the Restaurant merely because the Restaurant uses Sizzle.

The Restaurant is responsible for taxes applicable to its business and transactions.

Sizzle may charge applicable taxes on Sizzle subscription fees and services.

The parties will comply with applicable invoicing and tax requirements.

Unless otherwise restricted, the Restaurant may be identified as a Sizzle customer.

Sizzle may request permission to use the Restaurant's name, logo or publicly available information in marketing materials.

If the Restaurant does not wish to participate in public case studies or promotional campaigns, it may notify Sizzle.

Detailed customer testimonials or case studies require appropriate permission.

Sizzle may assign or transfer this Agreement as part of:

• Merger
• Acquisition
• Financing
• Corporate restructuring
• Sale of Sizzle
• Sale of substantially all relevant assets

The Restaurant may not assign this Agreement without Sizzle's consent, except where applicable law provides otherwise.

Neither party will be responsible for failure caused by circumstances beyond reasonable control, including:

• Natural disasters
• War
• Government action
• Internet failures
• Telecommunications failures
• Infrastructure failures
• Cyber incidents
• Epidemics
• Labour disruptions
• Third-party service failures

This Agreement is governed by the laws of India.

Mandatory statutory rights and remedies are not excluded.

The parties will first attempt to resolve any dispute arising out of or relating to this Agreement through good-faith negotiation between authorised representatives.

If a dispute is not resolved through good-faith negotiation within thirty (30) days of one party notifying the other of the dispute in writing, it will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996.

The arbitration will be conducted by a sole arbitrator appointed by mutual agreement of the parties or, failing agreement within a further fourteen (14) days, in accordance with the Act.

The seat and venue of arbitration will be Hyderabad, Telangana, India.

The language of the arbitration will be English.

The arbitral award will be final and binding on the parties, subject to any right of challenge available under applicable law.

Nothing in this section prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction before or during arbitration proceedings.

Subject to the arbitration agreement above, the courts at Hyderabad, Telangana have exclusive jurisdiction over matters requiring court intervention.

Nothing in this section limits any mandatory statutory dispute-resolution mechanism available to a party under applicable law.

Notices may be provided through:

• Email
• Sizzle account notifications
• In-product notices
• Other electronic communication

The Restaurant must maintain accurate contact information.

The Restaurant agrees that clicking an acceptance button, checking an acceptance box, electronically signing the Agreement or otherwise using Sizzle after being presented with this Agreement may constitute electronic acceptance to the extent permitted by applicable law.

Sizzle may retain records of acceptance.

Sizzle may update this Agreement when:

• The platform changes
• New services are introduced
• Pricing models change
• Legal requirements change
• Security requirements change
• Business operations change

Material changes will be communicated appropriately.

Continued use after the effective date may constitute acceptance where legally permitted.

This Agreement, together with:

• Applicable Order Form
• Subscription plan
• Privacy Policy
• Restaurant Data Terms
• Add-on terms
• Other documents expressly incorporated

constitutes the agreement between Sizzle and the Restaurant concerning the Sizzle services.

If there is a conflict, the more specific commercial document will govern the relevant issue.

If any provision is held invalid or unenforceable, the remaining provisions remain effective.

The invalid provision will be modified to the minimum extent necessary to make it enforceable where legally possible.

Failure to enforce a provision does not waive the right to enforce it later.

The parties are independent contractors.

Nothing creates:

• Partnership
• Joint venture
• Employment
• Franchise
• Agency

unless expressly agreed in writing.

• Flowyn / Sizzle
• Hyderabad, Telangana, India

• General: flowyn.info@gmail.com
• Privacy: privacy@sizzle.business

Schedule A — Subscription

The Restaurant's subscription will be identified by its applicable:

• Plan: [STARTER / GROWTH / SCALE / OTHER]
• Billing: [MONTHLY / ANNUAL]
• Base Fee: [AMOUNT]
• Trial: [IF APPLICABLE]
• Included Features: [PLAN FEATURES]

Schedule B — Add-ons

Optional add-ons may include:

Additional add-ons may be introduced through the Sizzle platform.

Schedule C — Data Processing

The parties acknowledge that Sizzle may process Restaurant and Customer Data in order to provide the Sizzle services.

The applicable Privacy Policy and Restaurant Data Terms govern personal-data processing and should be read together with this Agreement.

The parties will comply with applicable data-protection requirements.