Digital Fox Merchant Terms
Version 1.0 — August 2026
These Merchant Terms (the "Terms") govern the provision of the Digital Fox Services by The Digital Fox (Cyprus) Ltd., a company registered in Cyprus under registration number HE 415423, with registered office at Kosta Christofidi 5, 4106, Limassol, Cyprus ("Digital Fox", "we", "us"), to the business identified in the applicable invoice (the "Merchant", "you").
Acceptance. You accept these Terms and the Data Processing Agreement available at thedigitalfox.com/legal (the "DPA") by paying a Digital Fox invoice that references them, or by using the Digital Fox Services, whichever occurs first. These Terms and the DPA together form the agreement between you and Digital Fox (the "Agreement"). The version of the Terms in force at the time of your acceptance applies; the current version is always available at thedigitalfox.com/legal.
1. The Digital Fox Services
1.1 Digital Fox provides, on a non-exclusive basis, digital hospitality services which may include: FoxPay (a QR code-based checkout allowing your guests to view their bill, split it, order where enabled, leave tips, pay, and receive an electronic receipt), menu display, review collection, and Digital Fox Insights (a back-office dashboard to review payments, tips, reviews, and performance data). The specific services and pricing applicable to you are set out in your invoice or otherwise agreed in writing.
1.2 We will provide the Digital Fox Services with reasonable skill and care. If you experience a service issue, contact support@thedigitalfox.com and we will make reasonable efforts to restore the service promptly.
2. Payments and Funds Flow
2.1 Digital Fox is not a payment service provider and does not hold your funds. Payment transactions initiated by your guests are processed, and the corresponding funds are received, held, and settled to you, by a licensed third-party payment service provider (the "Payment Provider"), currently Solidgate. You will be onboarded as a submerchant of the Payment Provider and must accept the Payment Provider's terms.
2.2 To be onboarded, you must provide the identification and verification documents required by the Payment Provider (KYC/AML) and keep them up to date. The Digital Fox Services cannot start, and may be suspended, if these requirements are not met.
2.3 Transaction fees set out in your invoice or pricing agreement are deducted from processed transactions before settlement to you. Settlement timing is determined by the Payment Provider.
2.4 The Payment Provider, acting under applicable regulation, may withhold funds, apply reserves, or suspend settlement to comply with legal requirements, investigate fraud, or manage disputes. Digital Fox may facilitate communication but does not control these measures.
3. Service Fee Charged to Guests
3.1 Digital Fox may charge guests a service fee for the use of its digital services, under the User Terms of Service available at thedigitalfox.com/legal. This fee is Digital Fox's own charge to the guest for Digital Fox's digital services. It is not charged by you or on your behalf, it does not form part of your bill or your revenue, and it is identical regardless of the payment method or instrument the guest uses within the Digital Fox platform.
3.2 You must not (a) describe or present the service fee as a card fee, payment fee, or a charge applied by you; (b) apply any surcharge of your own to payments made through the Digital Fox platform; or (c) present the Digital Fox platform as the only available way to pay. You must at all times keep at least one alternative payment method (for example, a card terminal or cash) genuinely available to guests at no additional fee.
4. Your Obligations
You must: (a) comply with all applicable laws, including consumer protection, tax, and food information rules, and with applicable card scheme rules; (b) keep the information about your establishment, menu, prices, allergens, and product availability accurate and up to date — this information is your sole responsibility; (c) remain responsible for your guests: the sale of food, drinks, and services is a contract between you and the guest, and you are responsible for fulfilling orders, handling complaints, and processing refunds for incorrect or duplicate payments; (d) keep your account credentials secure and manage access for your staff; and (e) provide accurate invoicing and tax information to us.
5. Chargebacks
You are responsible for chargebacks and related scheme penalties arising from disputes between you and your guests. Digital Fox will provide reasonable assistance, including transaction details, but chargeback amounts and associated costs may be deducted from your settlements or invoiced to you.
6. Fees Owed to Digital Fox
6.1 The fees you owe Digital Fox (such as the one-time setup fee and transaction fees) are set out in your invoice or pricing agreement. Unless stated otherwise, fees are exclusive of VAT, which will be added where applicable.
6.2 Transaction fees are deducted from processed transactions. Other fees are payable against invoice. We may suspend the Digital Fox Services if invoiced amounts remain unpaid after a reminder.
7. Duration and Termination
7.1 The Agreement starts when you accept these Terms and continues until terminated.
7.2 Either party may terminate the Agreement at any time, without cause, by giving fifteen (15) days' written notice (email is sufficient: to us at info@thedigitalfox.com; to you at the email address you provided).
7.3 Either party may terminate immediately if the other commits a material breach and fails to remedy it within ten (10) days of written notice. We may also suspend or terminate immediately if required by the Payment Provider, card scheme rules, or applicable law.
7.4 The setup fee is non-refundable. Termination does not affect amounts owed up to the termination date.
8. Data Protection
Each party will comply with applicable data protection law. The processing and sharing of personal data between the parties is governed by the DPA, which forms part of the Agreement. Guest data collected by Digital Fox through its own services is controlled by Digital Fox under its User Privacy Policy.
9. Intellectual Property
9.1 Digital Fox retains all intellectual property rights in the Digital Fox Services, software, and materials. You receive a limited, non-exclusive, non-transferable right to use them for the duration of the Agreement, for the purpose of operating the Digital Fox Services at your establishment(s).
9.2 You retain ownership of your business name, logo, menu content, and other materials you provide, and you grant Digital Fox a non-exclusive, royalty-free license to use them for the purpose of providing and promoting the Digital Fox Services at your establishment(s).
9.3 You retain ownership of your Merchant data. You grant Digital Fox a non-exclusive, royalty-free license to use it to provide, maintain, and improve the Digital Fox Services. Digital Fox may use aggregated and anonymized data that does not identify you or any individual for any lawful purpose.
10. Confidentiality
Each party will keep the other's non-public business information confidential during the Agreement and for five (5) years after it ends, and use it only for the purposes of the Agreement.
11. Liability
11.1 Digital Fox's total aggregate liability for all claims arising out of or in connection with the Agreement is limited to the total fees paid by you to Digital Fox in the twelve (12) months preceding the event giving rise to the claim.
11.2 Neither party is liable for indirect or consequential losses, including loss of profits, revenue, or goodwill.
11.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud.
11.4 You will indemnify Digital Fox against third-party claims, penalties, and reasonable costs arising from your breach of these Terms, your establishment's products or services, or your failure to comply with applicable law.
12. Force Majeure
Neither party is liable for a failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, pandemic, or failures of third-party infrastructure.
13. Changes to These Terms
We may update these Terms by giving you at least thirty (30) days' written notice (by email or through Digital Fox Insights). If you do not accept the updated Terms, you may terminate the Agreement with effect from the date the update takes effect, by written notice given before that date. Continued use of the Digital Fox Services after the effective date constitutes acceptance.
14. General
14.1 You may not assign the Agreement without our prior written consent. We may subcontract obligations to third parties and remain responsible for them.
14.2 If any provision of these Terms is found invalid, the remainder continues in force.
14.3 The Agreement is the entire agreement between the parties on its subject matter and supersedes prior discussions and documents.
15. Governing Law and Jurisdiction
The Agreement is governed by the laws of Cyprus. The courts of Cyprus have exclusive jurisdiction over any dispute arising out of or in connection with the Agreement.