User Terms of Service

These Terms of Service (the "Terms") apply to the products and services (collectively the "Services" or the "Digital Fox Services") offered by The Digital Fox (Cyprus) Ltd., a company registered in Cyprus under registration number HE 415423 and with registered office address at Kosta Christofidi 5, 4106, Limassol Cyprus ("we," "us," or "The Digital Fox"). The Digital Fox enhances your hospitality experience by offering digital hospitality services, including our QR code-based checkout solution offered under the brand "FoxPay", for restaurants, bars, and other hospitality venues (the "Establishment(s)"). FoxPay and any other services we offer under other brand names are provided by The Digital Fox (Cyprus) Ltd.

These Terms, along with our Privacy Policy, govern your use of our platform and services. By using The Digital Fox, you agree to these Terms. If you do not agree, you may not use our Services.

We may update these Terms from time to time to reflect changes in our Services or to comply with legal and technical developments. The version of the Terms that applies to you is the version in force and made available on our website (https://thedigitalfox.com/) or within The Digital Fox platform at the time you use the Services or make a payment. Each use of the Services is governed by the Terms as they stand at that moment.

Section 1 – Our Relationship With You

When you use The Digital Fox, you enter into an agreement with us for the digital services described in these Terms, such as viewing your bill, completing checkout from your smartphone, and receiving an electronic receipt. For these digital services, you are our client.

Your meal, drinks, and any other products or services you receive at the venue remain the subject of a separate contract between you and the Establishment. The Digital Fox is not a party to that contract. The Establishment remains responsible for its products, services, prices, and bill.

The Digital Fox is not a payment service provider, and the Digital Fox platform is not a payment instrument. Payment services are provided by licensed third-party payment service providers, and by the issuer of the payment instrument you choose to use (for example, your card issuer or digital wallet provider).

Section 2 – Payment Processing

The Digital Fox does not process payments directly or store any payment method details. All payment transactions are securely processed through accredited third-party payment service providers, fully compliant with industry security standards (such as PCI-DSS). The responsibility for securely storing and handling payment information rests solely with the payment provider.

By using The Digital Fox to facilitate payments, you agree to the terms and conditions of the respective payment provider. You may update or delete your payment method details directly through the payment provider's platform, if applicable.

Section 3 – Using The Digital Fox Services

Establishments using The Digital Fox may display QR codes or integrate our solutions into their customer journey, allowing you to:

• View your bill in real time.
• Complete checkout from your smartphone.
• Split the bill.
• Leave tips.
• Obtain an electronic receipt.
• Provide feedback or reviews for the Establishment.
• Place orders with the Establishment (where the Establishment has enabled this feature).

3.1 Service Fee

The use of The Digital Fox Services may be subject to a service fee. This fee is our consideration for the digital services we provide to you as described in these Terms, including real-time bill access, bill splitting, and your electronic receipt.

The service fee is charged by The Digital Fox for the use of our digital services. It is not a charge for a payment service and it is not connected to any particular payment method: the fee is identical whatever payment method or payment instrument you choose within The Digital Fox, and it does not depend on how you choose to pay.

Any applicable service fee will be clearly displayed, inclusive of VAT, before you confirm your payment. No fee is ever charged without being shown to you first.

If you prefer not to pay the service fee, you can always settle your bill through the payment options offered by the Establishment directly (for example, by card at the venue or in cash), at no additional fee.

3.2 Menu Viewing (Based on Restaurant Availability)

The ability to view the menu via The Digital Fox platform will be available depending on the features chosen by the specific Establishment. If the restaurant has enabled this feature, you can access the menu by scanning the QR code provided at the venue. In all such cases, the restaurant is solely responsible for ensuring the accuracy of menu information, including pricing and available items, and The Digital Fox has no liability whatsoever for any such inaccuracies on the Establishments' menu.

3.2a Where the Establishment has enabled ordering, you may place orders through The Digital Fox platform. Your order is transmitted to the Establishment, and any resulting contract for the products ordered is formed directly between you and the Establishment. The Establishment is solely responsible for accepting, preparing, and fulfilling orders, and for product information including allergens and availability.

3.3 Paying the Bill

You may settle your bill by scanning a QR code at the Establishment or via links sent through SMS ("Text-to-Pay"). By paying through The Digital Fox, you agree to provide accurate payment information and comply with your payment provider's terms. We are not responsible for issues that arise due to your failure to comply with the terms of your payment provider.

You are solely responsible for checking the details of your bill and ensuring they are correct before you pay, including the table, the items, and the amounts. If anything on the bill appears incorrect, please raise it with the staff of the Establishment before paying.

If a payment cannot be completed within The Digital Fox for any reason, you remain responsible for settling your bill directly with the Establishment through the payment options it offers.

After payment, relevant details such as the date, time, and last four digits of your payment card will be shared with the Establishment, in accordance with our Privacy Policy. A digital receipt will be provided via email or via other electronic methods as supported.

Refund Policy: Refunds for incorrect or duplicate payments must be requested directly from the Establishment. The Digital Fox facilitates payments but is not responsible for handling refunds. Any disputes or refund requests related to payments must be settled directly between you and the Establishment.

3.4 Leaving Tips

When paying the bill with The Digital Fox, you have the option to leave a tip for the waiter or staff. The amount of the tip is at your sole discretion and will be added to your bill. No fee is charged by The Digital Fox for facilitating the payment of a tip.

You are solely responsible for the tip amount you choose to leave, and once submitted, the tip cannot be modified. Please ensure that the tip you choose accurately reflects your intent before completing the transaction.

3.5 Leaving Reviews

You have the ability to submit comments, testimonials, and satisfaction ratings regarding the Establishment, the quality of its products, and its service through The Digital Fox platform. Reviews are made available to the relevant Establishment only; they are not published to other users of The Digital Fox.

Reviews can only be submitted by guests who have completed a payment at the relevant Establishment through The Digital Fox. We do not verify the content of reviews beyond this. You are obliged to ensure that the content of your reviews is lawful and in full compliance with these Terms.

Section 4 – Marketing Communications

From time to time, we may offer you the opportunity to receive marketing communications, such as offers or recommendations from The Digital Fox, or offers from an Establishment where you have paid.

You will only receive marketing communications where you have given your prior consent through an opt-in mechanism, which may be presented to you at the time of payment or elsewhere within the platform. Your consent is given to The Digital Fox and is independent from any payment transaction.

Where you have given your consent, we may share your email address with an Establishment where you have paid, so that the Establishment may send you marketing communications on its own behalf. In that case, the Establishment determines its own purposes for your information and processes it under its own privacy policy.

You may withdraw your consent and opt out of marketing communications at any time, at no cost, using the unsubscribe link included in every marketing email or by contacting us at support@thedigitalfox.com. Opting out will not affect your ability to use the Services. For more details, please refer to our Privacy Policy.

Section 5 – Terms of Use

Use of The Digital Fox platform requires a smartphone and an active internet connection, for which you may be charged by your mobile service provider. The platform is optimized for the latest versions of iOS and Android and may require geolocation services to be enabled on your device. All hardware and software required to access The Digital Fox and use the Services are the sole responsibility of the user.

Do's and Don'ts of Using The Digital Fox:

• You must be at least 18 years old to use The Digital Fox.
• You may not use The Digital Fox for any unlawful or unauthorized purposes.
• You agree not to reverse engineer, decompile, disassemble, or attempt to obtain the source code of the platform.
• You will not create fictitious profiles or impersonate others.
• You will not use The Digital Fox to upload and/or distribute content that is offensive, defamatory, or violates any laws.
• You are prohibited from using automated tools (bots, scripts, etc.) to access, explore, or retrieve information from the platform.
• You agree not to breach or attempt to breach any security measures related to The Digital Fox, including attempts to test the vulnerability of our systems.
• You agree not to use The Digital Fox to transmit malware, viruses, or any other harmful content.

Consequences of Violation:

We reserve the right to restrict, suspend, modify, replace, deny access to, or terminate your use of The Digital Fox platform without prior notice if you violate these Terms or misuse our Services. You will be responsible for damages that arise from your violation of these Terms, to the extent provided by applicable law.

Section 6 – Intellectual Property Rights

6.1 Ownership of Intellectual Property

The Digital Fox is the exclusive proprietor of all proprietary rights, including all intellectual property rights worldwide, related to the software of our platform, our website, the content of our website and platform, and our Services and all materials and works related thereto, including but not limited to all designs, text, graphics, images, photographs, logos, trademarks, button icons, databases, audio files, and all other related materials (The Digital Fox Materials).

6.2 Limited Right of Use

We grant you a limited, revocable, non-exclusive, non-transferable, and personal right to access and use The Digital Fox, our Platform, website and Services and related Digital Fox Materials. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Digital Fox Materials without our prior written consent.

Your use of The Digital Fox and our Services does not entitle you to claim any ownership or intellectual property rights in the Digital Fox Materials or any part of them, in any jurisdiction worldwide.

6.3 Trademarks

Our name, the term "The Digital Fox," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Digital Fox or our affiliates. You must not use these marks without our prior written permission. Any other names, logos, and trademarks appearing in connection with our Services are the property of their respective owners, and the same restrictions apply.

6.4 User-Generated Content

When you post reviews or other content on The Digital Fox (User Content), The Digital Fox is hosting such content, and you are solely and fully responsible for its content. You expressly acknowledge and warrant that such User Content is lawful and in compliance with these Terms.

Notwithstanding anything else provided in the Terms, the following is an indicative and non-exclusive list of content that is expressly prohibited on The Digital Fox:

• Content that is unlawful under any law or regulation
• Content that contains personal insults, discrimination, slander, obscene language or other related unlawful content
• Content that is discriminatory or inaccurate
• Spam content
• Viruses or other malicious software
• Hidden advertisements for any service or product
• Unrelated content, i.e. content that is not strictly limited to providing an honest and appropriately worded review of an Establishment
• Content that violates the Terms
• Content that infringes the intellectual property rights of The Digital Fox or any third party
• Links leading to any unlawful or prohibited content

The Digital Fox may, though not obliged to, take automated moderation measures to identify and take down unlawful or prohibited content, by using appropriate automated filters or similar automated procedures.

Furthermore, unlawful or prohibited User Generated Content will be subject to manual deletion without notice, upon receipt and examination by The Digital Fox of a complaint or other notification by a third party or upon receipt of a relevant order by a competent judicial or administrative authority.

By submitting a review, you grant us a worldwide non-exclusive, royalty-free, perpetual license to use, display, reproduce, and distribute this content, for the purpose of providing The Digital Fox Services and platform.

6.5 Unlawful Content Reporting

We take claims of unlawful content on The Digital Fox platform, including claims of infringement of intellectual property rights, seriously. If you believe that any content accessible on or from The Digital Fox is unlawful or infringes on your rights under applicable law, you may request its removal by submitting written notification to us at support@thedigitalfox.com. Your notice must include adequate information to allow us to identify the offending or infringing material and the basis for the claim.

Section 7 – Liability

7.1 Responsibility of the Establishment

The conditions for the realization of services, including bill presentation, payments, and tips, are under the sole responsibility of the Establishment. The Establishments are solely responsible and required to perform and comply with all their obligations under applicable legal and regulatory requirements. The Digital Fox cannot be held responsible for any actions, omissions, or failures on the part of the Establishment, including but not limited to:

• Any failure to comply with legal or regulatory obligations by the Establishment.
• Any damage caused by the products or services provided by the Establishment.
• Any harm resulting from the Establishment's negligence, acts of third parties, or force majeure events.

The Digital Fox does not provide any guarantee regarding the suitability or accuracy of the platform for your particular needs.

7.2 Information Provided by Establishments

Information related to the Establishments (such as menus, allergens, product availability, and any offers, graphics, or photographs illustrating products) is provided by the Establishments themselves and remains under their sole responsibility. The Digital Fox does not verify or control this information, and as such, cannot guarantee that it is accurate, complete, or up-to-date, and it is provided on The Digital Fox platform "as is". Any required clarifications, confirmations or additional information regarding the material provided by the Establishments on The Digital Fox platform must be obtained directly from the Establishment.

7.3 User Responsibility

You are responsible for the consequences of your use of The Digital Fox and its Services. You agree to use the platform in compliance with applicable legal and regulatory provisions, as well as these Terms. You are also responsible for any reviews or content you publish on The Digital Fox.

To the extent permitted by applicable law, if a legal claim or judgment is brought against The Digital Fox as a result of your posting of unlawful content or your breach of these Terms, you agree to compensate The Digital Fox for the damages and reasonable costs directly caused by your unlawful content or breach. Nothing in this clause limits any rights you have as a consumer under applicable law.

7.4 Data Transmission

You are responsible for ensuring the security and backup of any data you transmit or store while using The Digital Fox. We are not liable for the loss, corruption, or non-receipt of any data transmitted via our platform, regardless of the cause, except where such liability cannot be excluded under applicable law.

7.5 No Liability for Service Interruptions

While The Digital Fox strives to keep the platform available at all times, we do not guarantee the availability or functionality of any particular feature of the platform. Due to the inherent nature of internet-based services, interruptions or slowdowns in access may occur.

The Digital Fox shall not be responsible for any indirect, incidental, or consequential damages, including loss of profits or reputation, resulting from temporary service interruptions, technical issues, or downtime. This includes, but is not limited to, issues caused by third-party services integrated with our platform.

7.6 Force Majeure

Neither party will be held liable for any breach of these Terms caused by events, circumstances, or conditions beyond its reasonable control, including but not limited to acts of God, pandemic, natural disasters, war, terrorism, labor disputes, government actions, or technical failures.

Section 8 – Data Protection

8.1 Data Protection Compliance

The Digital Fox processes personal data in compliance with the General Data Protection Regulation (GDPR) and the Cyprus Law providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of such Data of 2018, as amended from time to time. For more details on how we collect, use, and protect your data, please refer to our Privacy Policy.

8.2 Third-Party Services

The Digital Fox may include integrations with third-party service providers, such as payment processors, analytics providers, or marketing tools, to enhance your experience on the platform. The Digital Fox is not responsible for the actions, errors, or privacy practices of these third-party services. By using The Digital Fox, you acknowledge that your use of The Digital Fox will be subject to the terms of such third-party providers.

8.3 Security Measures

The Digital Fox implements commercially reasonable technical, administrative, and physical safeguards to protect your data and ensure secure transactions. You are responsible for maintaining the confidentiality of your login credentials and ensuring your device is secure. We cannot be held responsible for unauthorized access due to your failure to protect your device or account.

Section 9 – General Provisions

9.1 Severability

If any provision of these Terms is found unenforceable or invalid by a court of competent jurisdiction, that provision will be severed from the remainder of the Terms. The rest of the Terms will continue to apply and remain enforceable.

9.2 Governing Law and Jurisdiction

These Terms and any amendments to them shall be governed by and construed in accordance with the laws of Cyprus.

In the event of any dispute or claim relating to these Terms, including but not limited to their formation, validity, interpretation, performance, or resolution, you and The Digital Fox agree to first seek an amicable resolution in good faith. If no agreement is reached within thirty (30) days of notification of the dispute by either party, the matter will be submitted to the exclusive jurisdiction of the Courts of Cyprus.

If you are a consumer, you may also refer a dispute to the Cyprus Consumer Protection Service or to an approved alternative dispute resolution (ADR) body in Cyprus, in accordance with applicable consumer protection legislation.

9.3 Consumer Rights

Nothing in these Terms is intended to limit your rights as a consumer under applicable law. In case of a conflict between these Terms and any applicable consumer protection laws, the latter will prevail.

Section 10 – Contact Information

If you have any questions or concerns about these Terms or if you wish to submit a complaint regarding the Digital Fox Services, please contact us at support@thedigitalfox.com.