Customer Terms of Use

1. About these Terms

These Customer Terms of Use (“Terms”) are an agreement between you and Hey Machi AI Private Limited, a private limited company incorporated under the Companies Act, 2013, CIN U62010TZ2026PTC040753, with its registered office at 5/185-1, Munnar Road, Pallapalayam, Udumalpet, Tiruppur, Tamil Nadu 642112, India(“HeyMachi”, “we”, “us”, “our”). HeyMachi is a brand of Hey Machi AI Private Limited.

These Terms govern your use of the HeyMachi customer application on Android, iOS and the web (including app-cust.heymachi.ai), merchant ordering pages and storefronts powered by HeyMachi, QR code table ordering pages, booking and appointment pages, review pages and links, and messaging features that connect you with merchants (together, the “Platform”).

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and are published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”). They do not require a physical or digital signature. By ticking the acceptance box at sign-up, or by placing an order or booking through the Platform, you agree to these Terms.

The following documents form part of these Terms and must be read with them:

• our Privacy Policy, which explains how personal data is handled and who is responsible for it;
• our Cancellation & Refund Policy;
• our Reviews and Ratings Policy and Content Grievance Policy; and
• the HeyMachi Loyalty Network Programme Terms, if you join the loyalty network or earn or redeem network points.

If you do not agree to these Terms, please do not use the Platform. You can still buy from a merchant directly, outside the Platform.

Businesses that use HeyMachi to run their operations are covered by our separate Merchant Terms of Service.

2. Our role and the merchant’s role

HeyMachi is a technology platform. We provide software that lets independent businesses such as restaurants, cafés, salons, clinics, grocery and electronics stores (each a “Merchant”) display their menus, products and services, accept orders, bookings and payments, arrange delivery and communicate with you.

The Merchant is the seller. When you place an order or booking, your contract for the goods or services is with the Merchant named on the order screen and on your receipt, not with HeyMachi. The Merchant is responsible for:

• the description, price, quality, quantity, safety, freshness, allergen and ingredient information, and legal compliance of what it sells;
• preparing, packing and handing over your order, and delivering it where delivery is offered (deliveries are made by the Merchant’s own riders or delivery partners, not by HeyMachi);
• holding the licences its business requires, including any FSSAI licence or registration, and displaying them;
• issuing a valid tax invoice or bill of supply, charging and paying GST, and honouring cancellations, returns, refunds and warranties in line with its policies and our Cancellation & Refund Policy; and
• handling the personal data it records about you as a “Data Fiduciary”, as explained in our Privacy Policy.

What HeyMachi is responsible for. We are responsible for operating the Platform with reasonable skill and care, for your customer-app account, for the loyalty network (under the Loyalty Network Programme Terms), for moderating reviews and user content under our Reviews and Ratings Policy, and for handling grievances about the Platform itself.

Seller information. Before you place an order, the Platform will display the Merchant’s legal name, address, contact details, GSTIN (where registered), FSSAI licence or registration number (for food businesses), and its cancellation and refund terms, as provided by the Merchant. We require Merchants to keep this information accurate but do not independently verify every detail. If you think seller information is wrong or misleading, please tell us (see Section 20).

3. Eligibility and your account

1. Age. You must be at least 18 years old to create an account, or to place an order or booking. A person under 18 may use the Platform only under the supervision of a parent or lawful guardian who places the order and accepts these Terms. We do not knowingly create accounts for anyone under 18.
2. OTP sign-in. You sign in with your mobile number and a one-time password (“OTP”) sent by SMS or WhatsApp. You must use a mobile number that belongs to you. Do not share OTPs with anyone, including anyone claiming to be from HeyMachi or a Merchant. We will never ask you for an OTP by phone call.
3. Accurate information. You agree to give accurate information, including your name, delivery address and contact details, and to update it when it changes.
4. Account security. You are responsible for activity on your account and for keeping your device secure. If you believe your account has been used without your permission, contact us immediately at sales@heymachi.ai.
5. One identity, many Merchants. Your HeyMachi account is linked to your mobile number and can be used with every Merchant on the Platform. Each Merchant you transact with receives the details needed to fulfil your order and may keep its own customer record about you. A Merchant you have not transacted with can find you only by entering your full mobile number and then sees only your name. Your profile may be pre-filled from details recorded by Merchants you have visited, and you can correct or remove them at any time, as described in our Privacy Policy.
6. Deleting your account. You can ask us to delete your account at any time by following the steps at heymachi.ai/delete-account. Section 18 explains what happens when you do.

4. Using the Platform

The Platform lets you:

• discover Merchants near you and view menus, catalogues, prices and service lists;
• place orders for pickup, delivery or dine-in, including by scanning a QR code at a table;
• book appointments and reservations;
• pay online through the payment options shown at checkout;
• track deliveries on a live map while an order is out for delivery;
• call a waiter or message a Merchant, including through WhatsApp;
• rate and review Merchants you have bought from; and
• join the HeyMachi loyalty network and earn and redeem points, where offered.

QR table ordering. When you scan a table QR code you can order without an account by entering a display name. The Merchant receives your order, the table number and your display name. If you choose to pay online or provide your mobile number, the relevant parts of these Terms apply to you as a customer.

Availability. Features vary by Merchant and location. We may add, change or withdraw features, and a Merchant may pause or stop using the Platform at any time. We try to keep the Platform available but do not guarantee uninterrupted access.

5. Orders, prices, taxes and fees

1. Placing an order. An order is an offer by you to buy from the Merchant. It is accepted when the Merchant confirms it on the Platform. Until then the Merchant may decline it (for example because an item is unavailable or the address is outside its delivery area), and any amount you paid will be refunded under our Cancellation & Refund Policy.
2. Prices. Prices are set by the Merchant, not by HeyMachi. Prices on the Platform may differ from prices at the Merchant’s premises or on other ordering platforms; where they differ, the Merchant is required to say so. The price you are charged is the price shown on the checkout screen when you place the order.
3. Total price shown before you pay. Before you confirm an order, the checkout screen shows an itemised breakdown of the total amount payable, including:
   • the price of each item or service;
   • packing charges, if any, set by the Merchant;
   • delivery charges, if any, set by the Merchant;
   • any platform or convenience fee, if one applies;
   • applicable taxes (GST), shown separately; and
   • any discount, coupon or loyalty redemption applied.
   No charge is added after this screen. You will not be charged any amount that was not shown to you before you confirmed the order.
4. Platform or convenience fee. Where a platform or convenience fee applies to an order, it is shown, with its amount, before you pay. The fee is refundable in the situations set out in our Cancellation & Refund Policy.
5. Taxes and invoices. The Merchant is responsible for charging GST and issuing a tax invoice or bill of supply. A digital receipt or invoice will be available in the app and may be sent to you by SMS, WhatsApp or email.
6. Errors. If a price or description is clearly wrong because of an obvious error (for example a missing digit), the Merchant may cancel the order and you will receive a full refund. The Merchant may not otherwise increase the price of a confirmed order.
7. Coupons and offers. Offers are set by the Merchant or, where stated, by HeyMachi, and are subject to the conditions shown with them. Conditions are shown before you apply an offer.
8. No price manipulation or unfair discrimination. HeyMachi does not change a Merchant’s prices, and does not rank or display Merchants in a way that is intended to mislead you. Where search results or listings include paid placements, they are clearly labelled “Sponsored” or “Ad”.

6. Payments

1. Payment providers. Online payments are processed by payment aggregators and gateways authorised by the Reserve Bank of India (each a “Payment Provider”). The name of the Payment Provider is shown at checkout, and your payment is also subject to the Payment Provider’s terms.
2. Where your money goes. You pay for goods and services to the Merchant, through the Merchant’s own account with its Payment Provider. HeyMachi is not a payment aggregator and does not collect or hold the money you pay for a Merchant’s goods or services.
3. Card and UPI data. HeyMachi does not see or store your full card number, CVV or UPI PIN. They are entered only on the Payment Provider’s secure checkout.
4. Failed or duplicate payments. If money is debited but the order is not placed, or you are charged twice, the amount will be reversed within the timelines set by the Reserve Bank of India, as described in our Cancellation & Refund Policy.
5. Pay at the counter. Where a Merchant allows it, you may pay at the counter or on delivery by the methods the Merchant accepts. The Merchant may require prepayment for delivery orders.
6. Customer credit. Some Merchants keep a credit account (“khata”) for regular customers. Any such credit is an arrangement between you and the Merchant; HeyMachi only provides the record-keeping software.

7. Delivery, pickup and dine-in

How orders are handed over is explained in our Shipping & Delivery Policy. In summary:

• Delivery by the Merchant. Delivery is arranged and performed by the Merchant, using its own riders or a delivery partner it chooses. Delivery times shown are estimates provided by the Merchant.
• Live tracking. While your order is out for delivery you can see the rider’s approximate location on a map. The rider’s location is shared only while the delivery is active. The map uses OpenStreetMap tiles, so your device will request map images from OpenStreetMap servers.
• Handover. For some orders the rider may ask for a delivery PIN, or take a photograph of the package at handover as proof of delivery. Please do not share your delivery PIN until the order is in your hands.
• If you are not available. If the rider cannot reach you at the delivery address after reasonable attempts, the Merchant may treat the order as delivered or cancel it in line with the cancellation terms shown at checkout and our Cancellation & Refund Policy.
• Rider conduct. Riders are engaged by the Merchant. If you have a complaint about a rider, please report it to the Merchant, or to us through the app and we will pass it on.

8. Cancellations and refunds

Cancellations, refunds, failed payments and returns are governed by our Cancellation & Refund Policy. In summary:

• each Merchant sets its own cancellation window, which is shown before you order;
• food orders usually cannot be cancelled once the Merchant has started preparing them;
• you are entitled to a refund if your order is not delivered, is wrong or incomplete, or is unsafe; and
• refunds go back to your original payment method.

9. Bookings and appointments

A booking is confirmed only when the Merchant confirms it. Merchant-specific terms (for example deposits, late arrival and no-show rules) are shown before you book.

Health services. Where a clinic or healthcare provider uses the Platform for appointments, the Platform is only a scheduling and communication tool. Medical advice, diagnosis and treatment are the sole responsibility of the registered medical practitioner. The Platform is not for emergencies. In an emergency, call 112 or go to the nearest hospital.

10. Reviews, ratings and content you post

1. You may rate and review a Merchant only after a verified purchase or visit recorded on the Platform. Reviews must reflect your own genuine experience.
2. You must not post a review that is paid for, incentivised without disclosure, written for or by the Merchant or its competitors, or about an experience you did not have. Reviews must not contain abusive or hateful content, another person’s personal data, or content that is irrelevant to the Merchant.
3. Merchants may reply to reviews. Merchants cannot edit, hide or delete genuine reviews; they may only report a review for moderation on the grounds set out in our Reviews and Ratings Policy.
4. You keep ownership of what you post. You grant HeyMachi and the reviewed Merchant a non-exclusive, royalty-free, worldwide licence to host, display, reproduce and distribute your review, rating, display name and any photos you upload, on the Platform and on the Merchant’s own storefront pages, for as long as the review is published. You can edit or delete your review at any time.
5. Full rules, moderation criteria and the complaint process are in our Reviews and Ratings Policy and Content Grievance Policy.

11. Loyalty network

Participating Merchants may offer points under the HeyMachi loyalty network. Joining is optional and is governed by the HeyMachi Loyalty Network Programme Terms. Points are a loyalty benefit and not money: they cannot be bought, sold, transferred or exchanged for cash, and they can be redeemed only as set out in the Loyalty Network Programme Terms.

12. Messages and WhatsApp

• Service messages. We and the Merchants you deal with send you messages needed to provide the service, such as OTPs, order and booking confirmations, status updates, digital bills and delivery updates. These are sent by SMS through operators registered on the TRAI DLT platform, or by WhatsApp. They are not marketing.
• Review requests. After an order or visit, the Merchant may send you one message with a link to rate your experience. You can ignore it.
• Chatting with Merchants. You can message a Merchant through the Platform or on WhatsApp. Those conversations are between you and the Merchant and are visible to the Merchant’s staff. HeyMachi stores them as the Merchant’s service provider and may review them only to operate the service, for security, or to handle a complaint. Do not share sensitive information such as card numbers, passwords or OTPs in chat.
• Marketing. A Merchant or HeyMachi will send you promotional messages only if you have separately opted in. You can opt out at any time by replying STOP, using the unsubscribe link, or changing your settings in the app. Opting out of marketing does not affect service messages.

13. Acceptable use

You must not:

• use the Platform for any unlawful purpose, or to buy goods or services that are illegal, or age-restricted where you do not meet the legal age;
• place fake, fraudulent or prank orders or bookings, or repeatedly cancel orders to harm a Merchant;
• use another person’s mobile number, payment method or identity, or create multiple accounts to abuse offers or loyalty points;
• post content that is defamatory, obscene, harassing, hateful, invasive of privacy, misleading, infringing, or otherwise prohibited by Rule 3(1)(b) of the IT Rules;
• harass, threaten or abuse Merchants, their staff or riders;
• scrape, crawl, copy or harvest data from the Platform, or use bots or automated means to access it, except as we permit in writing;
• probe, scan or test the vulnerability of the Platform, or interfere with its security or operation (security researchers should report issues to sales@heymachi.ai);
• reverse engineer, decompile or modify the apps, except to the extent the law allows; or
• upload malware or any code designed to disrupt or damage any system.

If you breach this Section, we may remove content, restrict features, suspend or terminate your account, withhold or cancel loyalty points obtained through abuse, and report unlawful activity to the authorities. Where possible we will tell you why and give you a chance to respond.

14. Intellectual property

The Platform, its software, design, text, graphics, logos and the HeyMachi name and marks belong to Hey Machi AI Private Limited or its licensors. Merchant names, logos, menus and photos belong to the Merchants. Nothing in these Terms transfers any of those rights to you.

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Platform for your personal, non-commercial use in accordance with these Terms.

If you believe content on the Platform infringes your copyright or trade mark, write to our Grievance Officer (Section 20) with details of the work, the infringing content and your authority to act.

15. Disclaimers

Merchant goods and services. HeyMachi does not make, prepare, sell, store or deliver the goods and services listed by Merchants and gives no warranty about them. Any claim about the goods or services themselves (including quality, safety, allergens, food poisoning, injury or professional services) must be brought against the Merchant. We will help you contact the Merchant and will share the information we hold that you need to pursue your claim, subject to law.

Platform provided as is. To the extent permitted by law, the Platform is provided “as is” and “as available”. We do not warrant that it will be error-free, secure or uninterrupted, or that information supplied by Merchants (such as menus, prices, photos, nutrition and allergen information, or delivery estimates) is accurate or complete.

16. Limitation of liability

1. Limit of liability. To the extent permitted by law, HeyMachi’s total liability to you for any claim arising out of or relating to the Platform or these Terms is limited to the higher of (a) the amounts you paid to HeyMachi (such as platform fees) in the six months before the claim arose, and (b) ₹5,000. We are not liable for indirect, incidental, special or consequential loss, or for loss of profit, data or goodwill.
2. Nothing excludes your statutory rights. Nothing in these Terms limits any right you have as a consumer under the Consumer Protection Act, 2019 or any other law that cannot be excluded by contract, or excludes liability for fraud, or for death or personal injury caused by our negligence.
3. Indemnity. You agree to compensate HeyMachi for losses and reasonable costs arising from your breach of these Terms or your violation of law or third-party rights, to the extent caused by you.

17. Suspension and termination

You may stop using the Platform at any time and delete your account as described in Section 18.

We may suspend or terminate your account for a breach of Section 13, if required by law or a lawful order, or if your account has been inactive for a long period, after giving you at least 30 days’ notice in the app or by message.

18. Deleting your account

You can ask us to delete your account at any time by following the steps at heymachi.ai/delete-account. When you delete your account, we will:

• end your customer-app sessions;
• delete or anonymise your customer-app profile, saved addresses and favourites;
• unlink your network identity; and
• remove your display name from your reviews (reviews may remain shown as “Former customer”, or you may choose to delete them).

We keep only what the law requires us to keep, such as transaction records needed for tax and accounting, fraud and security logs, and records relating to an open dispute, for the periods set out in our Privacy Policy.

Deleting your HeyMachi account does not delete records that a Merchant keeps about you as its own customer, such as its bills and invoices. To ask a Merchant to delete its record, contact the Merchant, or use the in-app request, which we will forward to every Merchant you have transacted with.

Any unredeemed loyalty points are handled as set out in the Loyalty Network Programme Terms.

19. Privacy

How personal data is collected, used and shared, including the roles of HeyMachi and each Merchant, your rights and how to exercise them, is explained in our Privacy Policy. Privacy requests can be sent to sales@heymachi.ai.

20. Grievance redressal

Customer support. For help with an order, first contact the Merchant using the details on the order screen. You can also contact HeyMachi support in the app, at sales@heymachi.ai or on WhatsApp at +91 70100 43040.

Grievance Officer. In accordance with the IT Rules and Rule 4(4) of the Consumer Protection (E-Commerce) Rules, 2020, our Grievance Officer is (also listed on our Contact page):

Timelines

We will acknowledge your complaint within 24 hours (and in any case within 48 hours, with a ticket number) and resolve it within 15 days of receipt, or sooner where the IT Rules require (for example, 72 hours for certain content removal requests, and 24 hours for content that exposes a person’s private areas or impersonates them). Consumer complaints about orders are redressed within one month at the latest.

If you are not satisfied

• For a content-related grievance, you may appeal to the Grievance Appellate Committee constituted under the IT Rules within 30 days of our response.
• You may contact the National Consumer Helpline on 1915 or at consumerhelpline.gov.in.
• You may file a complaint with the appropriate Consumer Commission, including online through e-Jagriti at e-jagriti.gov.in.
• For personal data matters, you may approach the Data Protection Board of India once its complaint process is operational for the relevant obligation.

21. Governing law and jurisdiction

1. These Terms are governed by the laws of India.
2. We will first try to resolve any dispute with you informally through the grievance process in Section 20.
3. Subject to point 4, any dispute arising out of or relating to these Terms that is not resolved within 30 days may be referred to arbitration by a sole arbitrator appointed by mutual agreement under the Arbitration and Conciliation Act, 1996. The seat of arbitration is Coimbatore, Tamil Nadu, and the language is English. Online arbitration may be used.
4. Nothing in this Section prevents you from filing a complaint before a Consumer Commission or any other forum available to you as a consumer under the Consumer Protection Act, 2019. Subject to that, the courts at Coimbatore, Tamil Nadu have exclusive jurisdiction.

22. Changes to these Terms

We may update these Terms to reflect changes in the Platform or the law. We will give you at least 15 days’ notice of material changes in the app or by message before they take effect. If you continue to use the Platform after that date you accept the updated Terms; if you do not agree, you may delete your account. Changes do not apply to orders placed before they take effect.

23. General

If any part of these Terms is held invalid, the rest remains in force. Our failure to enforce a right is not a waiver. You may not transfer your rights under these Terms; we may transfer ours to a group company or to a successor to our business on notice to you. These Terms, with the documents listed in Section 1, are the entire agreement between you and HeyMachi about the Platform. If these Terms conflict with a Merchant’s own terms about its goods or services, the Merchant’s terms govern the sale and these Terms govern your use of the Platform.

24. Contact us

• Support: sales@heymachi.ai or +91 70100 43040 (Monday to Saturday, 10:00 am to 7:00 pm IST)
• Privacy requests: sales@heymachi.ai
• Grievances: sales@heymachi.ai (see Grievance Officer)
• Legal notices: sales@heymachi.ai, or by post to Hey Machi AI Private Limited, 5/185-1, Munnar Road, Pallapalayam, Udumalpet, Tiruppur, Tamil Nadu 642112, India

All contact details are on our Contact Us page.