Terms & Conditions

These Terms & Conditions govern your access to and use of the Digame platform, website and related services (together, the "Platform"). Digame is a WhatsApp ordering platform for hospitality venues, including football clubs, bars, food trucks and event venues.

Digame is a trading name of BARBOT TECHNOLOGY LTD (Company Number 17009434), the owner and operator of the Platform. By accessing or using the Platform, you agree to these terms.

If you do not agree to these terms, you must not use the Platform.

In these terms:

• "Digame" means the public-facing product and brand operated under these terms.
• "We", "us" and "our" mean BARBOT TECHNOLOGY LTD, the owner and operator of Digame.
• "Venue" means a business customer that uses Digame to receive and manage customer orders.
• "Founding Venue" means a Venue that has been accepted by Digame under the Founding Venue offer described in these terms.
• "Customer" means a person who places an order through WhatsApp or other channels enabled by a Venue using Digame.
• "Platform" means the Digame website, dashboard, Live Orders Screen, ordering tools and related services.

You may use the Platform only for lawful purposes and in accordance with these terms. You must not misuse the Platform, attempt to gain unauthorised access, interfere with its operation, or use it in a way that could harm Digame, Venues, Customers or third parties.

We may update, suspend or withdraw parts of the Platform from time to time. We will use reasonable efforts to minimise disruption to active Venues.

Digame may offer selected Venues participation as Founding Venues. Where a Venue is confirmed as a Founding Venue, the following commercial terms apply unless otherwise agreed in writing.

For Founding Venues:

• There is no setup fee.
• There is no monthly subscription.
• There is no annual licence fee.
• The only Digame platform charge is a 1% transaction fee on completed paid orders processed through Digame.
• "No subscription, ever" means the Venue will not be charged a monthly or annual Digame subscription for the lifetime of that Venue account, provided the account remains active and in good standing.
• Digame may charge different fees or subscriptions to future non-Founding Venue customers, but this does not affect confirmed Founding Venues.

The 1% platform fee covers Digame's platform services and normal WhatsApp and messaging charges for standard platform use. It does not include Stripe payment processing fees unless otherwise agreed in writing.

Founding Venue status applies to the specific Venue account confirmed by Digame. It is not transferable without our written consent.

Payments for customer orders are processed through Stripe Connect. The following applies to Venues using paid ordering through Digame:

• Customers pay through Stripe-hosted checkout using card, Apple Pay, Google Pay or other Stripe-supported payment methods.
• The Venue must create and connect its own Stripe account to receive payments.
• Funds from completed customer orders are paid to the Venue's connected Stripe account in accordance with Stripe's payout schedule and rules.
• Digame does not hold customer funds.
• Stripe processing fees are separate from Digame's 1% platform fee unless otherwise agreed in writing.
• Stripe's own terms, policies and requirements apply to payment processing, account verification, refunds, chargebacks and compliance.

The Venue is responsible for managing refunds, disputes and customer payment queries in accordance with applicable law and Stripe's requirements, except where Digame explicitly provides a support function as part of the service.

Failure to maintain a valid connected Stripe account, or to pay applicable fees when due, may result in suspension of payment functionality or access to the Platform.

Digame uses WhatsApp Business API infrastructure through third-party providers such as Twilio and Meta to enable ordering and order-status messaging.

For Founding Venues, Digame does not pass on separate WhatsApp Business API or standard messaging charges for normal platform use, provided usage remains within fair and reasonable limits for the service.

Digame reserves the right to introduce fair usage limits or separate charges for excessive, abusive, unlawful or non-standard messaging activity, but only with prior notice where practical.

Venues must use WhatsApp messaging through Digame lawfully and in accordance with Meta's and applicable messaging provider terms. Misuse of WhatsApp, including spam, harassment or unlawful communications, may result in suspension or termination.

Venues are responsible for the day-to-day operation of their business and for all content and information they provide through Digame. In particular, the Venue is responsible for ensuring that:

• All menu items, prices, descriptions, availability, opening hours and business details shown through Digame are accurate and kept up to date.
• Allergen information and other legally required product information is accurate, complete and communicated appropriately to Customers.
• All sales, including alcohol sales, comply with applicable licensing, food safety, allergen, age verification and consumer protection laws.
• Staff using the Platform are authorised to do so and customer communications sent through Digame are accurate, lawful and appropriate.

For alcohol orders, the Venue must operate appropriate in-person age verification before releasing restricted products, such as Challenge 25 or equivalent procedures required by law and the Venue's licence conditions.

The Venue remains primarily responsible for order fulfilment, customer service, refunds and compliance with its own policies, except where Digame explicitly provides a function as part of the service.

Customers using WhatsApp or other ordering channels enabled by a Venue must provide accurate order information and comply with the Venue's policies.

Payment, fulfilment, refunds and customer service for orders are primarily the responsibility of the Venue, except where Digame explicitly provides a payment or support function as part of the service.

Venue operational data, including menus, pricing, order records and customer communications processed through Digame on the Venue's instructions, remains owned by the Venue.

Where Digame processes personal data relating to a Venue's Customers and orders on the Venue's behalf, Digame acts as a data processor and the Venue is usually the data controller for that data.

Digame may also act as an independent data controller for limited account, billing, security, fraud prevention and platform administration data relating to Venues and users of the Platform.

Our Privacy Policy explains how personal data is handled. A Data Processing Agreement can be provided to Venues where required under applicable data protection law.

• Customer and order data can be exported on reasonable request.
• If a Venue stops using Digame, Digame will delete or anonymise Venue customer data within a reasonable period, unless retention is required for legal, accounting, fraud prevention, security or dispute-resolution purposes.

Digame uses reputable third-party infrastructure providers to host and operate the Platform. Data may be processed in the United Kingdom, the European Economic Area and other jurisdictions where our service providers operate, subject to appropriate safeguards where required by law.

Venues must comply with applicable data protection law when using the Platform, including providing appropriate privacy information to Customers where required.

For Founding Venues, there is no minimum contract term unless separately agreed in writing. A Venue may stop using Digame at any time.

Either party may terminate the service by giving 30 days' written notice to the other party.

Digame may suspend or terminate a Venue's access immediately where we reasonably believe there has been non-payment, fraud, illegal use, misuse of WhatsApp, breach of law, reputational risk, or a material breach of these terms.

On termination, QR codes, ordering links, dashboard access, WhatsApp ordering and related Platform functionality may be disabled.

A Venue may request a data export before termination takes effect. We will use reasonable efforts to assist with export requests made in good time.

Digame aims to provide a reliable service but does not guarantee uninterrupted, timely or error-free availability of the Platform.

Service availability may depend on third-party providers, including Stripe, Twilio, Meta, Vercel, Supabase and Clerk, as well as WhatsApp, payment networks, internet connectivity and the Venue's own devices, Wi-Fi and configuration.

Digame is not responsible for outages, delays or failures caused by those third parties, general internet issues, device issues, Venue Wi-Fi problems, or incorrect Venue configuration.

Planned maintenance may take place from time to time. Where practical, we will use reasonable efforts to give advance notice of maintenance that is likely to affect active Venues.

All intellectual property rights in the Platform, including software, branding, design and content provided by Digame, belong to BARBOT TECHNOLOGY LTD or its licensors. You must not copy, modify, reverse engineer or exploit any part of the Platform except as permitted by these terms or a separate written agreement.

Venues retain ownership of their own menus, business names, logos and business data, subject to the licences needed to operate the Platform.

Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law.

To the fullest extent permitted by law, BARBOT TECHNOLOGY LTD shall not be liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or goodwill arising from use of the Platform.

Our total aggregate liability arising out of or in connection with the Platform shall not exceed the fees paid by the relevant Venue to Digame in the twelve months preceding the event giving rise to the claim, except where a higher limit is required by law.

Questions about these Terms & Conditions should be sent to info@digame.tech or via the contact form at digame.tech/contact.

Our Privacy Policy is available at digame.tech/privacy.

Digame is a trading name of BARBOT TECHNOLOGY LTD (Company Number 17009434), the owner and operator of the Digame platform.