Terms of Service

01Introduction & Acceptance

These Terms of Service ("Terms") govern access to and use of the Growtality platform, including the Manager Dashboard, Customer App, booking and ordering tools, Guest CRM, AI Voice & Chat features, and the Growtality Delivery Driver app (together, the "Platform"), provided by ThisRapt Ltd, a company registered in Scotland, UK, with its registered address at 68 Fords Road, Edinburgh, EH11 3HR, operating as Growtality ("Growtality", "we", "us", "our").

02Definitions

• "Account"the Customer's registered Growtality account.
• "Subscription Plan"the Standard, Pro, or Enterprise plan selected by Customer, as described in Section 4.
• "Guest"an end-diner or customer of the Customer's restaurant who books, orders, or otherwise interacts with the Customer through the Platform.
• "Guest Data"personal data relating to Guests that is collected, stored, or processed through the Platform on Customer's behalf.
• "Commission"the percentage fee described in Section 5 that applies to completed online orders and confirmed booking deposits processed through the Platform.
• "Order Value"the gross value of a completed online order or a confirmed booking deposit processed through the Platform, before any discounts absorbed by Growtality, if applicable.

03Eligibility & Account Registration

The Platform is available to restaurants and restaurant groups of any size, from single-site operators to multi-location and enterprise groups, in any country where Growtality operates. You must provide accurate registration information and keep your Account credentials secure. You are responsible for all activity under your Account, including actions taken by staff you authorize to access it.

04Subscription Plans & Fees

Growtality offers the following Subscription Plans. Pricing is quoted in GBP; local currency equivalents may apply depending on your billing region.

• Standard — £29/monthup to 10 users, plus 1% Commission on Order Value.
• Pro — £119/monthup to 15 users, plus 1% Commission on Order Value. Includes AI Voice & Chat and the OG/Maya Pro AI onboarding assistant.
• Enterprise — custom pricingnegotiated individually, including multi-location management and dedicated support. Contact Growtality for a quote.

Annual billing is available on all plans and reduces the total annual cost by 17% compared to monthly billing. Standard and Pro plans include a 14-day free trial; no payment card is required to begin a trial. Enterprise plans are subject to a separately negotiated agreement.

Fees and Commission are billed and collected in accordance with Section 5. Growtality may change Subscription Plan pricing with at least 30 days' notice before the change takes effect for existing Customers; continued use after the effective date constitutes acceptance of the new pricing.

05Commission Structure & Payment Terms

Commission is charged on

• The gross value of completed online orders placed through the Platform (pickup or delivery).
• Confirmed booking deposits collected through the Platform.

Commission is never charged on

• Walk-in transactions not processed through the Platform.
• Bookings logged manually by staff (e.g. phone bookings entered directly into the system without an online payment).
• Cancelled or refunded transactions.

Payment processing is handled by Stripe, a third-party payment processor. By using the Platform's payment features, you agree to Stripe's terms of service in addition to these Terms. Growtality does not store full payment card details. Subscription fees and Commission are invoiced and collected on a recurring basis as set out at checkout; late or failed payments may result in suspension of Platform access until resolved.

06Use of the Platform

Growtality grants Customer a non-exclusive, non-transferable, revocable licence to access and use the Platform during the term of this agreement, solely for Customer's own restaurant operations. Customer agrees not to:

• Reverse-engineer, decompile, or attempt to extract the source code of the Platform.
• Resell, sublicense, or provide the Platform to third parties as a standalone service.
• Use the Platform to send unsolicited marketing to Guests in violation of applicable law.
• Misrepresent Order Value or manipulate booking/order data to reduce Commission owed.

07Guest Data & Data Protection

Customer is responsible for ensuring it has a lawful basis to collect and process Guest Data, including for marketing communications sent via the Guest CRM.

08AI Features

Pro and Enterprise plans include access to AI Voice & Chat and the OG/Maya Pro AI onboarding assistant. These features use third-party infrastructure (including voice and language processing providers) to answer Guest queries, take bookings, and assist with onboarding.

09Delivery

At present, delivery fulfilment is provided through the Growtality Delivery Driver app, installed on Customer's own staff devices, allowing staff to self-claim and fulfil orders from a shared order queue. Customer is responsible for the conduct, training, and legal employment status of any staff or drivers it assigns to fulfil deliveries.

Integration with third-party delivery networks (such as Nash or Uber Direct) is planned for a future release and is not currently available; no representation is made as to its availability date.

10Intellectual Property

Growtality retains all right, title, and interest in and to the Platform, including all software, design, trademarks, and content, excluding Customer's own data and branding. Customer retains ownership of its own business data, menu content, and Guest Data, and grants Growtality a licence to use it solely to provide the Platform.

11Term, Suspension & Termination

These Terms remain in effect for as long as Customer maintains an active Account. Either party may terminate for convenience with 30 days' written notice, or immediately if the other party materially breaches these Terms and fails to remedy the breach within 14 days of notice. Growtality may suspend Account access immediately in cases of non-payment, suspected fraud, or a security risk to the Platform or other Customers.

On termination, Customer may request an export of its own business data and Guest Data for a period of 30 days following termination, after which it may be deleted in accordance with our Privacy Policy.

12Service Availability & Support

Growtality aims to maintain high availability of the Platform but does not guarantee uninterrupted access. Standard and Pro plans receive standard support channels; Enterprise plans may include a dedicated onboarding contact and service levels as set out in a separate Enterprise agreement.

13Warranties & Disclaimers

The Platform is provided "as is" and "as available." To the fullest extent permitted by law, Growtality disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Growtality does not warrant that the Platform will be error-free or that AI-generated content will always be accurate.

14Limitation of Liability

To the fullest extent permitted by applicable law, Growtality's total liability arising out of or relating to these Terms shall not exceed the fees paid by Customer to Growtality in the 12 months preceding the claim. Neither party shall be liable for indirect, incidental, special, or consequential damages, including loss of profits or loss of data, except in cases of gross negligence, wilful misconduct, or where such limitation is not permitted by law.

15Indemnification

Customer agrees to indemnify and hold Growtality harmless from claims arising out of Customer's misuse of the Platform, breach of these Terms, or violation of applicable law in its handling of Guest Data, staff, or delivery operations.

16Changes to These Terms

Growtality may update these Terms from time to time. Material changes will be notified to Customer by email or in-app notice at least 14 days before taking effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

17Governing Law & Dispute Resolution

These Terms are governed by the laws of Scotland, without regard to its conflict of laws principles. The parties submit to the exclusive jurisdiction of the Scottish courts for any dispute arising out of or relating to these Terms, regardless of where Customer's restaurant business is located or operated.

18General Provisions

• AssignmentCustomer may not assign these Terms without Growtality's written consent; Growtality may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severabilityif any provision is found unenforceable, the remaining provisions remain in full effect.
• Entire Agreementthese Terms, together with the Privacy Policy and any Enterprise agreement, constitute the entire agreement between the parties.
• Noticeslegal notices should be sent to marketing@growtalityapp.com or to 68 Fords Road, Edinburgh, EH11 3HR, United Kingdom.

19Contact