Terms of Service

1. Acceptance of Terms

By accessing or using the Deally platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service. We may update these Terms from time to time; continued use constitutes acceptance of any changes.

Who these Terms cover. These Terms govern restaurants and other businesses that use Deally to take orders, run rewards programs and manage their operations (“you”, the business account holder). If you are a guest ordering food, buying a gift card or joining a rewards program from a restaurant through a Deally-hosted ordering site, your relationship with Deally is governed by the Guest Terms of Use and Sale and the Guest Privacy Notice, not by these Terms. Section 10 below describes the text-messaging program that restaurants run through Deally; the same program terms are repeated for guests in the Guest Terms.

2. Description of Service

Deally is a multi-tenant SaaS platform providing restaurant ordering, point-of-sale, AI-powered upselling, analytics, and related tools. The Service is provided “as is” and “as available.”

3. Account Terms

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials. You must be at least 18 years old and authorized to bind the business you represent to open a business account. One person or legal entity may not maintain more than one free account. Guest accounts for ordering are governed by the Guest Terms.

4. Payment and Billing

Paid plans are billed monthly or annually in advance. All fees are non-refundable except as required by law. Prices may change with 30 days' notice. Payment processing is handled by Stripe; their terms apply to all transactions.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorized access to the Service or its related systems
• Transmit viruses, malware, or any destructive code
• Scrape, spider, or crawl the Service without prior written consent
• Interfere with the Service's performance or another user's experience

6. Data Ownership

You retain ownership of all content you upload to the Service (menus, images, customer data). We do not sell your data to third parties. You grant us a limited license to use your content solely to provide and improve the Service.

7. Cancellation and Termination

You may cancel your account at any time from the dashboard billing settings. Upon cancellation, your data will be retained for 30 days, after which it may be permanently deleted. We reserve the right to suspend or terminate accounts that violate these Terms.

8. Limitation of Liability

To the maximum extent permitted by law, Deally shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly. Our total liability is limited to the amount you paid us in the 12 months preceding the claim.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

10. SMS Messaging Terms (Deally Order & Rewards Texts)

Restaurants on the Deally platform send text messages to their customers through Deally. Transactional messages — order-related texts where a restaurant has them enabled, and a secure payment link you ask for when a restaurant offers ordering over its phone line — are sent because you placed that order or requested that link; they are not marketing. Loyalty and promotional messages — reward offers, birthday gifts, expiring-points reminders, win-back offers, and welcome or tier messages — are sent only to customers who have ticked the optional marketing checkbox for that restaurant.

• Consent: Marketing texts require you to tick an optional, unchecked checkbox — shown when you create an account or join the rewards program on a restaurant's ordering site, and available on the account page of that site. Consent is recorded for that one restaurant, together with the mobile number you gave it for; if you change that number, you have to tick the box again before any further marketing text is sent. Giving a mobile number at checkout, joining a rewards program, or requesting a payment link during a phone order authorizes only transactional texts about that order — none of them opts you in to marketing. Consent to marketing messages is never a condition of purchase.
• Message frequency varies by restaurant and your activity.
• Message and data rates may apply according to your mobile carrier plan.
• Opt out at any time by replying STOP to any message. Deally sends from a single number, so STOP stops all texts from Deally — every restaurant on the platform, order-related texts included. You will receive a single confirmation and nothing after it. To stop marketing from one restaurant only, turn that restaurant's preference off on the account page of its ordering site instead.
• Help: Reply HELP to any message, or contact us at support@deal-ly.com.
• Carriers are not liable for delayed or undelivered messages.

The full program disclosure — every opt-in path, the exact consent wording, and how to opt out — is on our SMS Opt-In & Consent page. See our Privacy Policy for how phone numbers are handled. Mobile information is never shared with third parties or affiliates for their marketing purposes.

11. Contact

If you have questions about these Terms, contact us at support@deal-ly.com.