San Diego Diners
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Terms of Service

Last updated: August 1, 2026

These Terms of Service ("Terms") govern your use of the San Diego Diners platform ("Platform"), operated by San Diego Diners ("we," "us," or "our"). By creating an account or using the Platform, you agree to these Terms.

1. The Platform

San Diego Diners provides restaurant owners ("Restaurants") with tools to capture customer information, run loyalty programs, send automated marketing emails, generate reviews, and re-engage lapsed customers. The Platform is offered on a subscription basis.

2. Eligibility

You must be at least 18 years old and operate a legitimate food service business to use the Platform as a Restaurant. By using the Platform, you represent that you meet these requirements.

3. Restaurant Accounts

You are responsible for maintaining the security of your account credentials. You may not share your login with others. You are responsible for all activity that occurs under your account. Notify us immediately at hello@sandiegodiners.com if you suspect unauthorized access.

4. Acceptable Use

You agree to use the Platform only for lawful purposes. You may not:

  • Send spam or unsolicited communications to people who have not opted in
  • Use the Platform to harass, deceive, or defraud customers
  • Violate any applicable law, including CAN-SPAM, CCPA, or FTC regulations
  • Attempt to access other Restaurants' data
  • Reverse-engineer, copy, or resell the Platform
  • Upload malicious code or interfere with Platform operations

5. Email and Marketing Compliance

As a Restaurant using our email tools, you are responsible for complying with all applicable email marketing laws, including the CAN-SPAM Act. This means:

  • Only sending emails to customers who have opted in through your QR code or other legitimate means
  • Honoring unsubscribe requests promptly (our platform processes these automatically)
  • Not misrepresenting your identity in email headers or subject lines

Our platform automatically includes an unsubscribe link and our physical address in every email to assist with compliance.

6. Review Generation

Our review generation tools must be used in compliance with Google's review policies and FTC guidelines. You may not use the Platform to selectively solicit only positive reviews or to suppress negative reviews from reaching public platforms. All guests must be offered the opportunity to leave a public review regardless of their rating.

7. Customer Data

Customer data collected through your QR code belongs to you. We store and process it on your behalf. You are responsible for obtaining appropriate consent from your customers to collect and use their data. You may export your customer list at any time. Upon account cancellation, your data is retained for 90 days and then deleted.

8. Subscription and Billing

The Platform is offered on monthly subscription plans. Fees are charged in advance. Plans automatically renew unless cancelled. Refunds are not provided for partial months. We reserve the right to change pricing with 30 days' notice to active subscribers.

Your 30-day free trial requires no credit card. After the trial, continued use requires a paid subscription. Trial accounts that are not converted may be suspended.

9. Suspension and Termination

We may suspend or terminate your account if you violate these Terms, fail to pay subscription fees, or engage in activity that harms the Platform or other users. You may cancel your account at any time from your dashboard settings. Upon termination, your access to the Platform ceases immediately.

10. Disclaimers

The Platform is provided "as is" without warranties of any kind. We do not guarantee that the Platform will be error-free, uninterrupted, or that it will achieve any particular business result for your restaurant. Email deliverability, review generation outcomes, and customer retention results vary and are not guaranteed.

11. Limitation of Liability

To the maximum extent permitted by law, San Diego Diners shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform, even if we have been advised of the possibility of such damages. Our total liability to you shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless San Diego Diners from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Platform, your violation of these Terms, or your violation of any third-party rights.

13. Governing Law

These Terms are governed by the laws of the State of California. Any disputes shall be resolved in the courts of San Diego County, California.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice in your dashboard. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms? Contact us:
San Diego Diners
San Diego, CA 92101
hello@sandiegodiners.com

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