MyDiner.net Logo
MyDiner.net

Terms of Service for MyDiner.net

1. General Provisions

1.1. These Terms of Service define the rules for using the MyDiner.net service, available at https://mydiner.net, operated by Antoni Paszkow conducting business in Poland under the name Antoni Paszkow - AP Digital, NIP: 6112641569, REGON: 385492476 (hereinafter: "Operator").

1.2. Use of the service constitutes acceptance of these Terms of Service. Acceptance of the Terms of Service is confirmed by checking the checkbox during registration..

1.3. The services provided by the Operator through the MyDiner.net Service are intended solely for entrepreneurs within the meaning of Article 43¹ of the Polish Civil Code (i.e., restaurants). By using the Service, the User declares that they are acting as an entrepreneur and for purposes related to their business activities.

2. Definitions

2.1. Operator – Antoni Paszkow conducting business in Poland under the name Antoni Paszkow - AP Digital, NIP: 6112641569, REGON: 385492476 (hereinafter: "Operator"), administrator of the MyDiner.net service.

2.2. User – an entrepreneur (restaurant) using the Services of the Service based on these Terms of Service.

2.3. Restaurant – an entity as referred to in point 2.2, using MyDiner.net to manage its menu.

2.4. Trial Period – a free period of using the Service, lasting 30 days from the moment of User Account registration, during which the User has the opportunity to familiarize themselves with the functionalities of the Service, without the obligation to provide payment details.

2.5. Subscription – a paid period of using the Service, commencing after activation by the User after the end of the Trial Period or during it, and is subject to the payment of the applicable Subscription Fee.

2.6. Paddle – Paddle.com Market Limited, an entity providing payment processing services in the Merchant of Record (MoR) model.

2.7. Subscription Fee – a fee paid by the User in return for the ability to use the MyDiner.net Service Subscription, in accordance with the Subscription Price List.

2.8. User Account – an individual account created by the User in the MyDiner.net Service, enabling the use of Service Services.

2.9. Service Services – services provided by the Operator electronically to the User on the terms set out in the Terms of Service, in particular enabling restaurants to manage their menus online.

3. Scope of Services

3.1. MyDiner.net enables restaurants to manage menus online, which are accessible to customers via QR codes. The service includes in particular:

  • creating menus,
  • generating QR codes,
  • hosting menus online.

3.2. The service is provided in the SaaS (Software as a Service) model.

3.3. The Operator reserves the right to introduce changes to the functionalities of the Service, including adding, deleting or modifying existing functions. The Operator shall inform Users of significant changes to the functionality of the Service with appropriate advance notice, no less than 7 days before the changes take effect.

4. Rights and Obligations of Users

4.1. The User undertakes to use the Service in accordance with its intended purpose, these Terms of Service and applicable laws.

4.2. The User undertakes not to post content on the Service that is contrary to law, in particular content that violates the rights of third parties, including copyrights, personal rights, or constitutes acts of unfair competition.

4.3. The Operator has the right to remove content posted by the User that violates these Terms of Service or legal regulations. The Operator shall inform the User of the removal of content, indicating the reason for the removal.

4.4. The User is responsible for the security and confidentiality of login details to their User Account.

5. Liability

5.1. The User is solely responsible for the content published by them on the Service.

5.2. The Operator makes every effort to ensure the proper and uninterrupted operation of the Service. The Operator is not liable for interruptions in the operation of the Service resulting from causes beyond its control, including force majeure, equipment or software failures, errors in external software, internet network failures, hacking attacks.

5.3. The Operator's liability for damages resulting from improper performance or non-performance of the contract concluded on the basis of the Terms of Service is limited to the actual losses incurred by the User and does not include lost profits. The total liability of the Operator for any claims related to the use of the Service, excluding damages caused by intentional fault, is limited to the amount of fees paid by the User in the billing period in which the damage occurred.

5.4. The Operator is not liable for the effects of the User's use of information and data obtained through the Service.

5.5. The User is liable for damages caused to the Operator or third parties as a result of using the Service in a manner inconsistent with the Terms of Service or legal regulations.

6. Payments and Subscription

6.1. Use of MyDiner.net is free during the Trial Period, lasting 30 days from the moment of User Account registration.

6.2. Free Test Mode: While the application is in the testing and development phase, access to all features of the Service is provided completely free of charge. The Operator will notify Users at least 30 days in advance before transitioning from the test mode to the regular subscription model.

6.3. After the end of the Trial Period (and after the test mode has concluded), the User may activate a Subscription by selecting the appropriate subscription plan and paying the Subscription Fee. Activation of the Subscription requires providing payment details via the Paddle platform.

6.4. Payments for the Subscription are processed exclusively via the Paddle platform (https://www.paddle.com/), which acts as the Merchant of Record (MoR). By making a payment, the User accepts Paddle's terms of service. The Operator is not responsible for the operation of the Paddle platform.

6.5. The Subscription Price List is available on the Service's website at https://mydiner.net/pricing.

6.6. The paid Subscription starts at the moment of its activation and payment of the Subscription Fee.

6.7. The User may cancel the Subscription at any time. Cancellation of the Subscription is carried out in accordance with the terms of service of the Paddle platform.

6.8. In the event of canceling the Subscription during the billing period, the User is not entitled to a refund of the Subscription Fee for the unused period.

7. Privacy Policy

7.1. The principles of processing Users' personal data are defined in the Privacy Policy available on the Service's website at https://mydiner.net/terms/privacy. The Privacy Policy is an integral part of these Terms of Service.

8. Final Provisions

8.1. The Operator reserves the right to amend these Terms of Service. The Operator shall inform Users of changes to the Terms of Service with appropriate prior notice, no less than 14 days before the changes take effect, by posting information on the Service's website and sending an e-mail to the User's address provided during registration.

8.2. Failure to accept changes to the Terms of Service is tantamount to termination of the agreement with the Operator with effect from the date the amended Terms of Service come into force.

8.3. In matters not regulated by these Terms of Service, the provisions of Polish law shall apply, in particular the Civil Code and the Act on the Provision of Electronic Services.

8.4. Any disputes between the Operator and the User shall be resolved by the court competent for the Operator's registered office.

8.5. These Terms of Service are effective as of 2025-02-16.

9. Complaints

9.1. The User has the right to submit complaints regarding Service Services.

9.2. Complaints should be submitted electronically to the address support[at]mydiner.net or via the contact form available on the Service's website at https://mydiner.net/contact.

9.3. The complaint should include: the name of the User (restaurant), e-mail address, description of the problem and, if possible, evidence confirming the reported irregularities.

9.4. The Operator shall review the complaint within 14 business days from the date of its receipt. If the review of the complaint requires a longer period, the Operator shall inform the User, indicating the expected date of response and the reason for the delay.

9.5. The reply to the complaint will be sent to the e-mail address provided by the User.

9.6. The complaint procedure is voluntary and does not exclude the possibility of pursuing claims in court.

10. Termination of the Agreement

10.1. The User may terminate the agreement with the Operator at any time by deleting the User Account from the Service.

10.2. The Operator may terminate the agreement with the User with immediate effect in the event of a violation by the User of the provisions of these Terms of Service or legal regulations, in particular in the event of:

  • posting unlawful content on the Service;
  • using the Service in a manner inconsistent with its intended purpose;
  • taking actions aimed at disrupting the operation of the Service;
  • failure to pay the Subscription Fee on time.

10.3. Account Blocking for Abuse: The Operator reserves the right to block or delete a User Account without prior notice if the User is found to be abusing the Service in any way, including but not limited to:

  • attempting to circumvent security measures;
  • engaging in any form of automated access to the Service;
  • impersonating another user or entity;
  • using the Service to send unsolicited messages or content;
  • any other behavior that the Operator reasonably considers to be abusive or harmful to the Service or other Users.

10.4. Termination of the agreement does not affect the rights and obligations of the parties arising before the date of termination of the agreement.

10.5. If the agreement is terminated by the Operator for reasons attributable to the User, the User is not entitled to a refund of the Subscription Fee for the unused period.