1. Parties & acceptance
This agreement is between Trivista Labs (Pvt) Ltd, a company incorporated in Sri Lanka (registration number PV 00367272, registered office No. 69/1, Mihindu Place, Hiddellana, Ratnapura 70000, Sri Lanka) (“Trivista Labs”, “we”, “us”), and the restaurant, café or business that subscribes to the Service (the “Client”, “you”). By accepting a quotation, creating an account, or using the Service, you confirm you are authorised to bind the Client and accept these Terms.
2. Definitions
- Service / Platform — the MenuQR Lanka software, dashboard, hosted digital menus, QR codes and related features provided by Trivista Labs.
- Client Content — menu items, prices, descriptions, photos, branding and other material the Client provides or enters.
- Diner — an end customer who views the Client’s menu or places an order through it.
- Subscription — the paid plan and term selected by the Client, as set out in the applicable quotation or invoice.
- Order Data — details a Diner submits when ordering (e.g. name, phone, table/room).
3. The Service
Trivista Labs provides a hosted digital-menu platform that allows the Client to publish an online menu accessible by QR code or link, manage it through a dashboard, and — depending on the plan and features enabled — use QR ordering (with orders delivered to the Client’s WhatsApp), menu translation, add-ons, analytics and branding. Features may be added, changed or removed over time. Certain premium features may be enabled at our discretion or as part of a specific plan.
4. Accounts & eligibility
The Client must provide accurate registration details and keep its login credentials confidential. The Client is responsible for all activity under its account. Notify us promptly of any unauthorised use. We may refuse, suspend or terminate accounts that breach these Terms.
5. Set-up & onboarding
Where the Client engages our “done-for-you” menu set-up, the Client is responsible for supplying complete and accurate menu information (names, prices, descriptions and any photos). We will build the menu based on the information provided and, where practical, ask the Client to review and approve it before it goes live. The Client is responsible for confirming that all prices and details are correct. We are not liable for losses arising from information the Client supplied that was inaccurate, incomplete or outdated.
6. Fees, payment & renewal
- Fees: the Subscription fee, any one-time set-up fee, the billing period and the payment method are those stated in the quotation or invoice agreed with the Client, which forms part of this agreement.
- Payment: fees are payable in advance for each Subscription term unless otherwise agreed. Access to paid features depends on payment being received.
- Renewal: subscriptions continue for successive terms until cancelled. We will endeavour to remind the Client before renewal; the Client may choose not to renew by notifying us before the term ends.
- Late or non-payment: if fees are overdue, we may suspend or take the Client’s menu offline after reasonable notice, until payment is made.
- Taxes: fees are exclusive of any applicable taxes or levies, which the Client is responsible for where required by law.
- Refunds: except where required by law, fees are non-refundable once the Service or set-up has been provided. Any goodwill adjustment is at our discretion.
7. Client responsibilities
The Client agrees to:
- keep its menu, prices and availability accurate and up to date;
- ensure its Content is lawful, accurate, not misleading, and does not infringe any third party’s rights (including image/photo rights);
- hold all licences and permits required to operate its business and sell its products;
- where QR ordering is used, provide a valid WhatsApp number, respond to Diners, and fulfil orders it accepts — Trivista Labs is not involved in fulfilment; and
- comply with all applicable laws, including consumer, food-safety, pricing and data-protection laws.
8. Acceptable use
The Client must not use the Service to publish unlawful, offensive, fraudulent or infringing content; to send spam; to attempt to breach security or access other Clients’ data; or to interfere with the Platform’s operation. We may remove content or suspend accounts that breach this section.
9. QR ordering & WhatsApp
QR ordering compiles a Diner’s selections into a message the Diner sends to the Client via WhatsApp. Trivista Labs is a technology provider only and is not a party to the sale between the Diner and the Client. We do not process payments, take orders on the Client’s behalf, or guarantee order delivery or fulfilment. WhatsApp is provided by a third party (Meta) under its own terms.
10. Intellectual property
The Platform, its software, design and all related intellectual property belong to and remain with Trivista Labs. We grant the Client a limited, non-exclusive, non-transferable right to use the Service during the Subscription for its own business. The Client retains ownership of its Client Content and grants Trivista Labs a licence to host, display, process, translate and reproduce that Content as needed to provide the Service.
11. Data protection
Each party will comply with the Personal Data Protection Act, No. 9 of 2022 of Sri Lanka. As described in our Privacy Policy (which forms part of this agreement), in respect of Diner personal data the Client is the data controller and Trivista Labs is a processor acting on the Client’s instructions. The Client is responsible for the lawful collection and use of Order Data and for any notices or consents required from its own customers.
12. Availability & support
We aim to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. The Service may be affected by maintenance, updates, or factors outside our control, including third-party providers (hosting, database, WhatsApp, translation). We provide support through the channels in section 18 during reasonable business hours.
13. Third-party services
The Service relies on third-party providers (including Supabase, Vercel, Google and WhatsApp/Meta). Their availability and terms are outside our control, and we are not liable for their acts, omissions or outages. The Client’s use of such services is subject to the relevant third party’s terms.
14. Warranties & disclaimer
15. Limitation of liability
Nothing in these Terms excludes liability that cannot be excluded under applicable law.
16. Indemnity
The Client will indemnify and hold harmless Trivista Labs against claims, losses and costs arising from: the Client’s Content (including price or description errors); the Client’s breach of these Terms or of any law; disputes between the Client and its Diners; and the Client’s handling of Order Data or other personal data.
17. Suspension & termination
- Either party may terminate at the end of the current Subscription term by notice.
- We may suspend or terminate immediately for non-payment, breach of these Terms, or unlawful use.
- On termination, the Client’s right to use the Service ends and its menu will be taken offline. On request within thirty (30) days of termination, we will provide a reasonable export of the Client’s Content, after which data may be deleted.
- Sections that by their nature should survive (including 10, 14, 15, 16 and 20) continue after termination.
18. Notices & contact
Notices may be given by email or WhatsApp to the contact details on record. Our contact details are: Trivista Labs (Pvt) Ltd — contact@trivistalabs.lk · WhatsApp +94 78 114 9001 · trivistalabs.io.
19. Changes to the Service or Terms
We may update the Service and these Terms from time to time. Material changes will be notified by email or through the dashboard. Continued use after changes take effect constitutes acceptance. The latest version’s “Effective date” appears at the top of this document.
20. Governing law & disputes
These Terms are governed by the laws of Sri Lanka. The parties will first attempt to resolve any dispute amicably. Failing resolution, the courts of Sri Lanka have exclusive jurisdiction.
21. General
These Terms, together with the applicable quotation/invoice and the Privacy Policy, form the entire agreement between the parties. If any provision is held unenforceable, the remainder continues in effect. We may assign this agreement to a successor; the Client may not assign it without our consent. No failure to enforce a right is a waiver of it.