TERMS OF SERVICE

1. ABOUT THESE TERMS

These Terms of Service ("Terms") govern your use of the Kryetor platform ("Platform"), operated by Kryetor Pty Ltd (ABN pending) ("Kryetor", "we", "us", "our"), a company incorporated in Australia. By accessing or using the Platform, you agree to be bound by these Terms.

The Platform provides software-as-a-service ("SaaS") tools enabling restaurants ("Restaurant Partners") to accept direct online orders from customers ("Customers") and dispatch delivery drivers via third-party APIs.

2. ELIGIBILITY

To register as a Restaurant Partner, you must:

• Be a registered Australian business with a valid ABN.
• Be authorised to enter into these Terms on behalf of the business.
• Hold all necessary food safety and business licences required by your state or territory.
• Be at least 18 years of age.

3. SUBSCRIPTION PLANS & FEES

Kryetor offers three subscription plans:

• Starter: $149/month + 6% per order
• Growth: $249/month + 5% per order
• Business: $399/month + 4% per order

Per-order fees are calculated on the order subtotal (excluding delivery fees) and are deducted automatically via Stripe Connect before funds are transferred to the Restaurant Partner's connected bank account.

Monthly subscription fees are billed in advance. All fees are in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.

4. PAYMENT PROCESSING

Payment processing is provided by Stripe Payments Australia Pty Ltd ("Stripe"). By using the Platform, Restaurant Partners agree to Stripe's Connected Account Agreement and Privacy Policy.

Standard payment processing fees of 1.7% + $0.30 per transaction apply and are charged by Stripe directly. Kryetor does not hold or process Customer payment card details.

5. DELIVERY & DRIVER DISPATCH

Kryetor integrates with third-party delivery services including DoorDash Drive and Uber Direct to dispatch drivers on behalf of Restaurant Partners. Kryetor is not a delivery service and does not employ or control delivery drivers.

Delivery fees are split between the Restaurant Partner (up to $5.00 per order) and the Customer (remainder based on distance). Orders beyond 15km from the restaurant are not eligible for driver dispatch through the Platform.

Kryetor does not guarantee delivery times, driver availability, or the condition of delivered goods. Disputes regarding delivery should be directed to the relevant delivery provider.

6. RESTAURANT PARTNER OBLIGATIONS

Restaurant Partners agree to:

• Maintain accurate and up-to-date menu information, pricing, and availability.
• Prepare orders promptly upon receiving payment confirmation.
• Comply with all applicable food safety, consumer protection, and business laws.
• Not use the Platform for any unlawful purpose.
• Keep their Stripe Connect account in good standing.

7. CUSTOMER TERMS

Customers placing orders through a Restaurant Partner's ordering page agree that:

• They are purchasing directly from the Restaurant Partner, not from Kryetor.
• The Restaurant Partner is responsible for the quality, safety, and accuracy of food and drinks.
• Delivery is provided by third-party drivers, not by Kryetor or the Restaurant Partner.
• Refund and complaint policies are set by the Restaurant Partner.

8. INTELLECTUAL PROPERTY

All intellectual property in the Platform (including software, design, branding, and documentation) belongs to Kryetor. Restaurant Partners retain ownership of their own content (logos, menu items, descriptions) uploaded to the Platform.

Restaurant Partners grant Kryetor a non-exclusive, royalty-free licence to display their content on the Platform for the purpose of providing the service.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)):

• Kryetor provides the Platform on an "as is" and "as available" basis.
• Kryetor is not liable for any indirect, incidental, special, consequential, or punitive damages arising from use of the Platform.
• Kryetor's total aggregate liability to any party shall not exceed the fees paid by that party to Kryetor in the 12 months preceding the claim.
• Kryetor is not liable for losses arising from third-party services (Stripe, DoorDash, Uber) including payment failures, delivery delays, or service outages.

Nothing in these Terms excludes or limits consumer guarantees under the Australian Consumer Law that cannot be excluded or limited by law.

10. TERMINATION

Either party may terminate the agreement by providing 30 days' written notice. Kryetor may suspend or terminate a Restaurant Partner's account immediately if they breach these Terms, engage in fraudulent activity, or fail to pay fees.

Upon termination, the Restaurant Partner's ordering page will be deactivated. Outstanding fees remain payable. Kryetor will retain order data for the period required by Australian tax law (minimum 5 years).

11. DISPUTE RESOLUTION

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes may be referred to mediation before pursuing court proceedings. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

12. CHANGES TO TERMS

Kryetor may update these Terms from time to time. We will notify Restaurant Partners of material changes via email at least 14 days before they take effect. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

13. CONTACT

For questions about these Terms, contact us at:

Kryetor Pty Ltd
Email: legal@kryetor.com
Website: kryetor.com