Terms of Service

These terms form a binding agreement between you and Xium Labs Ltd, a company registered in England and Wales under company number 16702035, with its registered office at 124 City Road, London, EC1V 2NX. MoodBite is the name of the service we provide.

By creating an account or using MoodBite you agree to these terms. If you do not agree to them, do not use the service.

Our Privacy Policy and Cookie Policy are incorporated into these terms. Where a restaurant operates a business account, the additional terms in section 10 also apply to it.

If these terms conflict with the Privacy Policy on a question of how personal data is handled, the Privacy Policy prevails.

MoodBite helps you find places to eat based on what you describe, and lets you send reservation requests to participating restaurants.

We are not a restaurant, a food business, a delivery service or an agent of any venue. We do not prepare food, we do not operate any venue, and we do not control what a restaurant does. Your meal is supplied by the restaurant under its own terms, and any complaint about food, service or premises lies against the restaurant.

Information we show about a venue, including opening hours, menus, prices, dietary options and photographs, comes from the venue itself or from third-party sources. We do not verify it independently and it may be inaccurate, incomplete or out of date.

You must give accurate registration information and keep it current. You are responsible for activity on your account and for keeping your sign-in credentials confidential.

Tell us promptly at [email protected] if you believe your account has been accessed without your authorisation. We will not hold you responsible for losses arising after you have told us, provided you have not acted fraudulently.

Your account is personal to you. You may not share it, transfer it, sell it, or let anyone else use it. You may not create an account on behalf of someone else without their authority.

You agree not to do any of the following, or to help anyone else do them.

If you discover a security vulnerability, report it to [email protected]. We ask that you give us a reasonable opportunity to fix it before disclosing it publicly, that you do not access or modify data belonging to anyone else, and that you do not degrade the service for others.

We will not pursue legal action against anyone who reports a vulnerability in good faith and in accordance with this clause.

You keep all rights in the content you submit. By submitting it you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt for formatting, publish and display it for the purpose of operating and promoting the service.

The licence lasts as long as your content is on the service and for a reasonable period afterwards to allow for backups to cycle. Delete your content and the licence ends, other than for copies already made by others and for any use we are legally required to preserve.

You confirm that you own or are licensed to use the content you submit, and that it does not infringe anyone else's rights or break the law.

Reviews must describe your own genuine experience. Do not review a venue you have a financial interest in, and do not accept payment or benefit in exchange for a review.

We may remove or restrict content that breaches these terms, and may suspend accounts that do so repeatedly. Where we remove content you submitted, we will tell you and give our reason, unless we are legally prevented from doing so or the content relates to a live investigation.

You may challenge a removal by writing to [email protected], and a person will review it.

If you believe content on MoodBite infringes your copyright, write to [email protected] with enough detail to identify the work and the material complained of, your contact details, and a statement that you believe in good faith that the use is not authorised.

We remove infringing material promptly on a valid complaint, and we may disable the accounts of repeat infringers.

When you request a reservation we pass the request to the restaurant. The restaurant decides whether to accept it. A confirmation from us means the restaurant has accepted, not that we have guaranteed anything.

The booking contract is between you and the restaurant. We are not a party to it and are not liable for the restaurant's performance, including if a table is unavailable on arrival, if service falls short, or if the venue closes.

If you cannot attend, cancel through the service or contact the restaurant directly. Restaurants hold tables at a cost to themselves and repeated failures to attend without notice may result in us restricting your ability to make further reservations.

Any deposit, cancellation charge or minimum spend is a matter between you and the restaurant under its own terms.

Where we offer a free trial, we tell you at sign-up how long it lasts and what happens when it ends. If a trial converts into a paid subscription, we will tell you before the first charge is taken, in time for you to cancel.

We may change subscription prices. We will give you at least 30 days' notice before a change affects you, and the new price applies from your next billing period after the notice expires. If you do not want to pay it, cancel before then.

Outside the cancellation period in 8.5, subscription payments are not generally refundable, and cancelling stops future charges rather than refunding past ones.

This does not affect your legal rights if the service was not as described or not provided with reasonable care and skill. If something has gone wrong, write to [email protected] and we will deal with it on its merits.

If a payment fails we will notify you and may retry. If it remains unpaid we may suspend or downgrade the paid features. We will tell you before we do, so you can update your payment method.

Where you purchase a subscription through a mobile app store, that store processes the payment and manages the subscription under its own terms. Cancellation and refunds for those purchases are handled through the store, not by us, and we cannot process a refund on the store's behalf.

We may add, change or remove features. Where a change removes or materially reduces a feature of a paid plan you are subscribed to, we will give you reasonable notice and you may cancel and receive a pro-rata refund for the unused part of your billing period.

We do not guarantee that the service will be uninterrupted or error-free. We carry out maintenance, and outages happen. Where we can give notice of planned downtime, we will.

By claiming a venue you confirm that you are authorised to act for the business operating it. We may ask for evidence and may refuse or revoke a claim.

Claiming a venue you have no authority over is a breach of these terms and may be unlawful.

You are responsible for the accuracy of the information on your listing, including opening hours, menus, prices and any dietary or allergen information. You must honour reservations you accept, and tell guests promptly if you cannot.

You must comply with the law applying to your business, including food safety, allergen information and consumer protection requirements. Nothing in MoodBite relieves you of those duties.

Personal data you receive about a guest through MoodBite may be used only to fulfil and manage that reservation. You must not use it for marketing without the guest's own consent, must not sell or transfer it, and must handle it in accordance with applicable data protection law, as controller of that data.

Where you use MoodBite for purposes relating to your trade or business, you are not a consumer. Consumer protections in these terms, including the cancellation right in 8.5, do not apply to you, and the limits in section 12 apply in full.

MoodBite, its software, design, text, and the MoodBite and Xium Labs names and logos are owned by Xium Labs Ltd or our licensors and are protected by intellectual property law.

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the service for its intended purpose. Nothing else is granted. You may not copy, distribute, modify or create derivative works from the service, or use our brand without written permission.

Subject to 12.1 and 12.2, we are not liable for the acts or omissions of any restaurant or third party, for the accuracy of information supplied by them, for any contract you enter into with a restaurant, or for loss arising from your reliance on an automated suggestion rather than confirming the position with the venue.

If you are not a consumer, the service is provided on an "as is" and "as available" basis, and we exclude all warranties, conditions and terms implied by statute or common law to the fullest extent permitted.

You agree to indemnify us against claims, losses and reasonable costs arising from your breach of these terms, your misuse of the service, or content you submitted. This does not apply to consumers except where the claim arises from your deliberate or reckless breach.

You may stop using MoodBite and delete your account at any time from your account settings. Deletion is handled as described in our Privacy Policy.

We may suspend or terminate your access where you have materially breached these terms, where we are required to by law, or where continuing would expose us or others to harm or legal risk.

Except where we are legally prevented or where telling you would defeat the purpose of the action, we will tell you the reason and give you an opportunity to respond. Where a breach can be put right, we will normally ask you to put it right before acting.

If we terminate a paid plan other than for your breach, we refund the unused portion of your current billing period.

If something has gone wrong, contact [email protected] and tell us what happened and what you would like us to do. Most disputes are resolved this way, and we ask that you give us 30 days to respond before starting formal proceedings.

These terms are governed by the law of England and Wales.

If you are a consumer resident in the United Kingdom or the European Economic Area, you keep the benefit of any mandatory protections given by the law of the country you live in, and you may bring proceedings in the courts of that country. We will bring any proceedings against you in the courts of the country where you live.

We do not require you to arbitrate, and we do not ask you to give up your right to bring or join a group claim.

These terms are governed by the law of England and Wales, without regard to conflict of law rules. Nothing in this clause deprives you of the protection of mandatory provisions of the law of your state of residence.

We may change these terms. Where a change is material, we will give you at least 30 days' notice by email or a prominent notice in the service before it takes effect, and the version and date at the top of this page will change.

If you do not accept a change, you may close your account before it takes effect. Continuing to use the service after a change takes effect means you accept it. We will not apply a material change retrospectively to anything that has already happened.

If any provision of these terms is found unenforceable, it is severed and the rest continues in force, except where clause 14.3 provides otherwise.

If we do not insist on a right immediately, that is not a waiver of it, and does not prevent us enforcing it later.

We may transfer our rights and obligations under these terms to another organisation, and will tell you if we do. Your rights are unaffected. You may not transfer yours without our written consent.

We are not liable for failure or delay in performing our obligations where it is caused by an event outside our reasonable control. Where such an event occurs, we will tell you and our obligations are suspended for its duration.

These terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between us about MoodBite. Nothing in this clause limits liability for fraudulent misrepresentation.

Email [email protected], or write to Xium Labs Ltd, 124 City Road, London, EC1V 2NX. We will contact you using the email address on your account.