1. Parties and scope
This agreement is between Ae Telecom (address: Mecidiyeköy No:00153, 34381 Istanbul, Türkiye; "Qungry", "we") and the business that subscribes to Qungry or opens a free trial account ("Customer", "you").
The agreement covers the Qungry web panel, the till (POS) and desktop app, the kitchen and courier screens, the waiter, owner and courier mobile apps, the QR menu, the ordering site and all related services (together the "Service").
By using the Service, opening a trial account or subscribing, you accept this agreement. A person accepting on behalf of a business confirms that they are authorised to represent that business.
The Service is for businesses only. The Customer uses the Service for its business activity and is not a party as a consumer. Consumer-specific rules such as the right of withdrawal therefore do not apply to this agreement.
2. Definitions
- Customer Data: All data entered into the Service by the Customer or its users or created through the Service (menu, orders, payments, guest and staff details, reports, etc.).
- User: The Customer's employees and authorised persons who are given access to the Service.
- Plan: The subscription levels shown on the pricing page and in the panel (e.g. Starter, Standard, Professional) and the modules they include.
- Subscription period: One month or one year, depending on the chosen billing frequency.
3. Service and licence
For the term of the subscription, Qungry grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use the modules included in the chosen Plan in its own business.
The Service is cloud-based: data is held on Qungry's servers. The till app can work offline in a limited way during an internet outage; transactions made offline are sent to the server when the connection is back.
Qungry may add, change or remove features to improve the Service. We give at least 30 days' notice of changes that significantly restrict a core feature of the Customer's Plan.
4. Free trial
Unless stated otherwise, new accounts get a 14-day free trial. All Plan features can be used during the trial. If no subscription is taken at the end of the trial, access to the account is closed; data is kept for the periods in clause 11.
5. Fees and payment
- Plan prices are shown on the pricing page and in the Subscription section of the panel. If prices are not set in your business's currency, they are shown and charged in US dollars (USD). Taxes are added where the law requires.
- With yearly billing, 10 months' fees are charged (2 months free).
- Payment is taken in advance by card at the start of the subscription. Card details are not held by Qungry; they are stored by the payment provider (PayTR).
- Automatic renewal: Unless cancelled, the subscription renews at the end of each period with the same Plan and frequency and is charged to the saved card.
- Late payment: If a renewal payment fails, it is retried once a day and an email is sent to the account administrator. If payment has still not been made 3 days after the end of the period, access to the Service is closed. Data is not deleted; access reopens once payment is made.
- Plan changes: When upgrading, the difference for the remaining time is charged immediately. Downgrades take effect at the end of the period.
- Price changes: Price changes do not affect the current subscription until the end of the period. We give at least 30 days' notice of price increases applying to the next renewal.
6. Cancellation and refunds
- The Customer can cancel the subscription from the panel at any time. Cancellation takes effect at the end of the paid period; the Service can be used until then.
- Because a free trial is offered, fees for a subscription period that has started are not refunded in part or in full. Amounts charged twice or in error by Qungry are refunded.
- If Qungry terminates this agreement under clause 12 for a reason other than the Customer's fault, the fee for the unused time is refunded pro rata.
7. Customer obligations
- The Customer provides the internet connection and devices needed for the Service to work (computer, tablet, phone, printer, card terminal, etc.) and their maintenance.
- The Customer is responsible for keeping user accounts, passwords and PIN codes confidential and for the actions of its Users. Any unauthorised use must be reported to Qungry immediately.
- The Customer is responsible for its own legal obligations as a business (tax, receipts/invoices, allergen information, service charge and tipping rules, fiscal device requirements, etc.). Qungry provides tools that help meet these obligations but does not check the accuracy of the information the Customer enters.
- The Customer is the data controller when entering its guests' and employees' personal data into the Service; providing the required information and obtaining consent where needed is the Customer's responsibility (see clause 10 and the Data Processing Agreement).
8. Acceptable use
The Customer and Users may not use the Service for unlawful purposes, copy, sell or rent the software, try to access its source code or reverse engineer it, try to bypass security measures, send automated requests that overload the Service, or offer the Service to third parties as a service without Qungry's written permission.
If these rules are breached, Qungry may suspend the account or user concerned until the breach is remedied. Except in urgent cases, notice is given before suspension.
9. Third-party services and integrations
The Service can work with third-party services such as delivery platforms (Uber Eats, Just Eat, Deliveroo, etc.), online payments (Stripe) and card terminals (SumUp). These services are subject to a separate agreement between the Customer and the provider concerned. By connecting these services, the Customer instructs Qungry to share with that provider the data the transaction requires.
Qungry is not responsible for outages, fees or changes to the terms of third-party services. Online and card payments go directly to the Customer's provider account; Qungry does not act as an intermediary in collecting these payments.
10. Customer Data and personal data
- Customer Data belongs to the Customer. Qungry does not sell Customer Data or use it for advertising, and processes it only to provide, support and secure the Service and to meet its legal obligations.
- For personal data within Customer Data, the Customer is the data controller and Qungry is the data processor. The relationship between the parties is governed by the Data Processing Agreement, which forms an integral part of this agreement.
- The data Qungry processes as a data controller about its own customers and website visitors is described in the Privacy Policy.
- Qungry may create aggregated usage statistics that contain no personal data (e.g. how often features are used) to improve the Service. These statistics do not identify the Customer or any person.
11. Data after termination
- When the subscription ends, the trial ends or access is closed for non-payment, Customer Data is not deleted immediately. It is kept for 90 days from that date; during this time the Customer can restart the subscription or export its data from the Data and privacy page in the panel. Reminders are emailed to the account administrator 30 days and 7 days before the deletion date.
- At the end of this period Customer Data is deleted from the live system. Copies in backups are deleted within the normal backup cycle, at the latest after 30 days.
- Records subject to a legal retention obligation (e.g. invoices issued by Qungry) are kept for the period required by the relevant law.
- The Customer may also request in writing that its data be deleted before the period ends.
12. Termination of the agreement
- The agreement ends when the subscription is cancelled and the period ends, or when the trial ends without a subscription.
- If either party materially breaches this agreement and the breach is not remedied within 14 days of written notice, the other party may terminate the agreement.
- If Qungry decides to discontinue the Service entirely, it gives at least 90 days' notice and refunds the fee for the unused period.
13. Support and setup
- Support is provided during working hours through the support system, email (moc.yrgnuq@troppus) and the website. Phone or on-site support may be offered under a separately agreed support plan.
- If the optional setup service is taken, Qungry installs the apps, makes the basic settings and hands them over in working order. Entering the menu, categories and items is not included in setup unless agreed in writing.
- The Service is cloud-based and Customer Data is backed up regularly on the servers. Separate files the Customer keeps on its own devices (e.g. exported reports) are the Customer's responsibility.
14. Service continuity
Qungry takes reasonable care to keep the Service running without interruption and securely. Planned maintenance is carried out at quiet times where possible and announced in advance. Qungry cannot be held responsible for interruptions caused by internet infrastructure, third-party services or events outside its control.
15. Warranties
Qungry undertakes that the Service will work materially in line with the features described in this agreement and the product descriptions, and that reported errors will be fixed within a reasonable time. Otherwise the Service is provided "as is"; to the extent permitted by law, no further warranty is given that the Service is fit for a particular purpose or will never contain errors.
16. Limitation of liability
- Qungry's total liability under this agreement is limited to the total subscription fees the Customer paid to Qungry in the 12 months before the damage arose.
- Qungry is not liable for loss of profit, loss of revenue, loss of reputation or indirect damage.
- These limitations do not apply to intent or gross negligence, death or personal injury, or liabilities that cannot be limited by law.
17. Intellectual property
The rights to the software, source code, designs, logos, texts and all other content belong to Qungry. This agreement gives the Customer no rights other than the right of use in clause 3. Content the Customer uploads to the Service (logo, item images, texts) belongs to the Customer; the Customer allows us to use it to provide the Service.
18. Changes to the agreement
Qungry may update this agreement. We give at least 30 days' notice by email and in the panel of changes that materially affect the Customer's rights before they take effect. A Customer who does not accept the change may cancel the subscription before the effective date; in that case the fee for the unused period is refunded pro rata. Continuing to use the Service after the effective date means the change is accepted.
19. General provisions
- Governing law and jurisdiction: This agreement is governed by the law of the Republic of Türkiye. The courts and enforcement offices of Istanbul (Central) have jurisdiction over disputes. Mandatory provisions of the Customer's country that cannot be excluded by contract, in particular European Union and United Kingdom data protection law, remain unaffected.
- Notices: Notices to the Customer are sent to the email address registered on the account and through the panel. Notices to Qungry are sent to moc.yrgnuq@ofni.
- Assignment: The Customer may not transfer its rights under this agreement without Qungry's written consent. Qungry may transfer the agreement to its successors in a merger or acquisition.
- Force majeure: Obligations are suspended for the duration of events outside the parties' control (natural disasters, epidemics, war, large-scale infrastructure outages, etc.).
- Entire agreement: This agreement, the Data Processing Agreement and the Plan terms accepted when ordering form the entire agreement between the parties. If one provision is invalid, the others are not affected.
20. Contact
Ae Telecom, Mecidiyeköy No:00153, 34381 Istanbul, Türkiye
Email: moc.yrgnuq@ofni · Support: moc.yrgnuq@troppus