Terms of Use
Effective date: September 20, 2026
1. Who we are and acceptance of these Terms
These Terms of Use ("Terms") govern access to and use of NexOrder (the "Service"), a digital ordering and AI-assisted customer-communication platform for restaurants, operated by Nexai Co. (Commercial Registration No. 7055198076), a company headquartered in Riyadh, Kingdom of Saudi Arabia ("Nexai", "we", "us"). By creating an account, subscribing to the Service, or using it on behalf of a restaurant ("Merchant", "you"), you agree to be bound by these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. The Service
NexOrder gives each Merchant a digital menu, reachable through a link shared with Customers over WhatsApp or other channels, where Customers browse the menu, build a cart, and submit an order. Submitted orders are relayed to the Merchant for confirmation or decline before they are processed, and the Merchant's team manages fulfilment through the NexOrder dashboard. The Service also includes an AI-assisted assistant that can answer Customer questions about the menu on the Merchant's behalf; it does not place, confirm, or modify orders. Nexai does not operate as a food delivery courier, a payment institution, or a point-of-sale terminal provider; where such functions are involved, they are provided by independent third-party providers under their own terms, and Nexai's role is limited to integration.
3. Eligibility and account registration
You must be legally authorized to bind the Merchant to these Terms and hold any licenses required under Saudi law to operate a food or beverage business. You are responsible for the accuracy of the information you provide when registering, for keeping your login credentials confidential, and for all activity that occurs under your account.
4. Fees and payment
NexOrder charges a per-order usage fee (currently SAR 3 per order) and a one-time setup and onboarding fee (currently SAR 2,500, unless a different amount is agreed with you in writing before onboarding). There is no recurring monthly subscription fee. These fees are Nexai's charges for providing the Service and are separate from, and do not include, the price of the food or beverages, any delivery charges, or any fees your payment gateway or delivery provider charges for processing a transaction — those amounts are collected and owed to you or to the relevant third-party provider, not to Nexai. Usage fees are calculated on orders processed through the Service and are invoiced and payable as described in your onboarding agreement or in the billing section of your dashboard. We may change our fees prospectively by giving you reasonable notice before the change applies. Suspension or termination of the Service for non-payment does not relieve you of amounts already owed.
5. Orders, menus, and customer communication
You are solely responsible for the accuracy of your menu, prices, and availability, and for the fulfilment of orders placed through the Service, including food safety, quality, and compliance with applicable municipal and health regulations. Orders are submitted by the Customer through the digital menu and cart and must be confirmed or declined by you before they are processed; the Service's AI-assisted assistant may answer Customer questions about the menu but does not place, confirm, or modify orders on your behalf. You are responsible for reviewing each order before fulfilment and for verifying its accuracy before dispatch.
6. Third-party channels and providers
Delivery of messages over WhatsApp or other messaging channels depends on the policies, availability, and infrastructure of the underlying provider (including Meta Platforms, Inc. or the applicable messaging network), which are outside Nexai's control. Where you connect a payment gateway, delivery provider, or point-of-sale system, your relationship with that provider is governed by its own terms, and Nexai is not a party to, and is not responsible for, disputes arising from those third-party services.
7. Acceptable use
You may not use the Service to send unsolicited, deceptive, or unlawful messages; to collect customer data for purposes beyond fulfilling orders without a lawful basis and appropriate notice; to reverse-engineer, resell, or sublicense the Service without our written consent; or to use it in a manner that infringes the rights of Nexai, its customers, or third parties.
8. Customer data you control
As between you and Nexai, you remain the controller of the customer data collected through your storefront and conversations for the purpose of fulfilling and following up on orders, and you are responsible for your own compliance with applicable consumer-protection and data-protection law towards your customers. Nexai processes that data on your behalf and in accordance with the Privacy Policy and any data-processing terms made available to you.
9. Intellectual property
The Service, its software, designs, and underlying technology are owned by Nexai or its licensors and are protected by applicable intellectual property laws. Subscribing to the Service grants you a limited, non-exclusive, non-transferable right to use it for your own restaurant operations; it does not transfer any ownership rights to you.
10. Service availability and changes
We aim to keep the Service available and to give advance notice of material changes or planned maintenance, but we do not guarantee uninterrupted or error-free operation, particularly where availability depends on third-party networks or providers outside our control. We may modify, add to, or discontinue features of the Service over time.
11. Limitation of liability
To the maximum extent permitted under the laws of the Kingdom of Saudi Arabia, Nexai's aggregate liability arising out of or relating to the Service is limited to the fees you paid for the Service in the three (3) months preceding the event giving rise to the claim, and Nexai is not liable for indirect, incidental, or consequential losses, including lost profits or lost orders, except to the extent such limitation is not permitted by mandatory law.
12. Suspension and termination
We may suspend or terminate your access to the Service if you breach these Terms, misuse the Service, fail to pay fees when due, or if required to do so by law or by a third-party provider whose channel you use. You may cancel your subscription at any time in accordance with the cancellation process made available in your account; cancellation does not entitle you to a refund of fees already paid except where required by law.
13. Governing law and dispute resolution
These Terms are governed by the laws of the Kingdom of Saudi Arabia. Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts of the Kingdom of Saudi Arabia.
14. Changes to these Terms
We may update these Terms from time to time. Where a change is material, we will provide notice through the Service or by email before the change takes effect. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.
15. Contact us
Nexai Co. — Commercial Registration No. 7055198076, Riyadh, Kingdom of Saudi Arabia. For questions about these Terms, contact us at support@nexai-sa.com.