fortisOS — Software as a Service Terms and Conditions

Last Updated: October 2026

PLEASE READ THESE TERMS CAREFULLY. This Agreement governs your access to and use of fortisOS. By creating an Account, by starting a Free Trial, by clicking to accept these Terms, or by otherwise accessing or using fortisOS, you agree to be bound by this Agreement.

These Terms and Conditions (the “Terms”), the plan and pricing details presented to you at the point of subscription, and any documents referenced herein (including the Fortis Data Privacy Notice), forms a legally binding agreement (the “Agreement”) between:

Fortis MENA Digital Solutions LLC, a company incorporated and registered in the United Arab Emirates, with company registration number 1376626 (together with its Affiliates that perform obligations or provide services under this Agreement, “Fortis,” “we,” “us,” or “our”; provided that Fortis MENA Digital Solutions LLC remains the contracting party responsible for this Agreement unless a different Fortis Affiliate is expressly named as the contracting party), and

The food and beverage business that registers for, subscribes to, or uses fortisOS (the “Merchant,” “you,” or “your”).

fortisOS is offered solely to businesses for business purposes. It is not offered to consumers. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement. If you do not have such authority, or if you do not agree with these Terms, you must not accept this Agreement and may not use fortisOS.

KEY TERMS AT A GLANCE

This summary is for convenience only and does not replace the full Terms below, which take precedence in the event of any conflict.

1. DEFINITIONS

Capitalized terms have the meanings set out below or as defined elsewhere in this Agreement:

“Account” means the online account created by or for the Merchant to access and manage fortisOS.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Agreement” has the meaning given in the introduction to these Terms.

“Aggregated Data” means data derived from Merchant Data that has been aggregated and de-identified such that it does not identify, and cannot reasonably be used to identify, the Merchant, any Authorized User, any End-Customer, or any other natural person.

“AI Features” means those features of fortisOS that use artificial intelligence, machine learning, large learning models, or automated inference to generate, extract, structure, classify, summarize, forecast, or recommend content or insights, including Easy Menu Import and any analytical, agentic, or assistive capability made available from time to time.

“AI Input” means any Merchant Data, prompts, instructions, files, or other content submitted to the AI Features by the Merchant or its users.

"AI Output" means any content, analysis, summary, recommendation, or other result generated by the AI Features in response to AI Input.

"AI Providers and Processors" means third-party providers of artificial intelligence models, model hosting, or related infrastructure, and any other data processors, engaged by Fortis to enable the AI Features.

“Authorized User” means an individual whom the Merchant authorizes to access fortisOS under the Merchant’s Account, including the Merchant’s owners, managers, financial managers, and line staff.

“Back Office” means the administrative area of fortisOS through which the Merchant configures its catalog, Locations, users, reporting, and subscription.

“Billing Cycle” means the recurring monthly or yearly period, as selected by the Merchant at the point of subscription, by reference to which Fees are charged in advance.

“Confidential Information” means all information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Fortis Confidential Information includes fortisOS and Fortis Property; Merchant Confidential Information includes Merchant Data. Exclusions are information that is: (a) publicly known without breach of this Agreement; (b) known to the Receiving Party prior to disclosure; (c) received from a third party without breach of any obligation owed to the Disclosing Party; or (d) independently developed by the Receiving Party.

“Data Privacy Notice” means Fortis’s data privacy notice applicable to fortisOS and the Website (www.wefortis.com), available at https://www.wefortis.com/legal/privacy-policy, as updated from time to time.

“Delivery Channel” means a sales channel through which orders reach fortisOS, including the Merchant’s own delivery operation and third-party aggregator platforms such as Talabat, Deliveroo, Careem, and Noon.

“Documentation” means the official user guides, help centre articles, manuals, and technical documentation for fortisOS made available by Fortis.

“End-Customer” means a guest, patron, or customer of the Merchant whose Personal Data is collected or processed through fortisOS, including through the loyalty functionality, the Digital QR Menu, or the attachment of customer details to an order.

“Fees” means the subscription fees and any other charges payable by the Merchant for fortisOS, as presented at the point of subscription or in the Back Office.

“fortisOS” or the “Service” means the fortisOS for F&B software-as-a-service platform described in Schedule A, including its point of sale, kitchen display, table management, digital menu, catalog, analytics, and administrative modules, together with all related components, APIs, updates, and modifications made available by Fortis under this Agreement. Any new or additional module, feature, or product that Fortis makes available for a separate fee does not form part of fortisOS unless and until the Merchant purchases it.

“Fortis Property” means fortisOS, the Documentation, Fortis’s technology, platforms, know-how, methodologies, algorithms, models, usage metrics relating to fortisOS, Aggregated Data, feedback provided by the Merchant, and all associated Intellectual Property Rights.

“Free Trial” means the one (1) month period of free access to fortisOS described in Section 5.

“Free Plan” means a free-of-charge version of fortisOS that Fortis may make available to Merchants from time to time, providing access to a limited subset of fortisOS features as determined by Fortis in its sole discretion, which may change at any time in accordance with Section 2.7 (Changes to the Service).

“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights, and all similar or equivalent rights or forms of protection subsisting now or in the future anywhere in the world.

“Location” means a single physical venue, outlet, or branch of the Merchant’s business configured in fortisOS. Location is the Usage Metric by which the subscription is priced and licensed.

“Merchant Content” means the photographs, images, logos, trade marks, branding assets, menu item names and descriptions, and other creative or descriptive material uploaded or configured by the Merchant in fortisOS.

“Merchant Data” means all electronic data, information, and material submitted by or for the Merchant to fortisOS, or collected, generated, or processed by or for the Merchant using fortisOS, including business registration and tax details, catalog data, order and transaction records, Authorized User details, End-Customer Personal Data, and AI Input and AI Output, but excluding Fortis Property and Aggregated Data.

“Merchant Device” means any tablet, phone, computer, printer, display, router, or other hardware or peripheral owned, leased, or controlled by the Merchant and used to access or operate fortisOS.

“Personal Data” means any information relating to an identified or identifiable natural person, as defined under applicable UAE data protection laws.

“PSP” means an independent third-party payment service provider, payment gateway, acquiring bank, or similar financial institution.

“Stripe” means Stripe, Inc. and its relevant affiliates, the third-party provider through which fortisOS subscription billing is processed.

“Subscription Period” means the Billing Cycle period for which the Merchant has paid, running from the date of the applicable charge to the corresponding renewal date.

“Taxes” means any taxes, levies, duties, or similar governmental assessments, including value-added tax, sales, use, or withholding taxes, assessable by any jurisdiction.

“TRN” means a Tax Registration Number for VAT purposes issued by the UAE Federal Tax Authority or an equivalent authority.

2. THE SERVICE AND LICENCE GRANT

2.1. The Service. fortisOS is a cloud-based, software-as-a-service operating system for food and beverage businesses. The modules comprising fortisOS as at the date of these Terms are described in Schedule A. fortisOS is provided as a service; no copy of the software is sold or delivered to the Merchant.

2.2. Licence Grant. Conditioned upon compliance with this Agreement and payment of all applicable Fees, Fortis grants the Merchant a limited, non-exclusive, non-transferable (except as permitted in Section 21.4), non-sublicensable licence, for the duration of the Free Trial and each Subscription Period and subject to suspension and termination as set out in this Agreement, to access and use fortisOS solely for the Merchant’s own internal business operations at its configured Locations, strictly in accordance with the Documentation and the number of Locations subscribed.

2.3. Licence Scope and Locations. The Merchant’s access and use of fortisOS is limited to the number of Locations for which Fees have been paid. Adding a Location will increase the Fees payable in accordance with Section 6.4. fortisOS supports a single brand-level catalog with per-Location overrides; this does not entitle the Merchant to operate additional Locations beyond those subscribed.

2.4. Use Restrictions. The Merchant shall not, directly or indirectly, and shall not permit any third party to: (a) sublicense, sell, resell, rent, lease, distribute, market, or otherwise commercially exploit fortisOS, or make it available to anyone other than Authorized Users within the licensed scope; (b) use fortisOS in violation of applicable laws or regulations; (c) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, model weights, or underlying structure, ideas, or algorithms of fortisOS; (d) modify, translate, or create derivative works based on fortisOS; (e) remove or obscure any proprietary notices or labels; (f) use fortisOS, or any output of the AI Features, to develop, train, or improve a competing product or service, or to benchmark fortisOS for the benefit of a competitor; (g) interfere with or disrupt the integrity or performance of fortisOS or its infrastructure, including by automated scraping, excessive API calls, or load testing without Fortis’s prior written consent; (h) attempt to gain unauthorized access to fortisOS or its related systems or networks; or (i) use fortisOS to store or transmit malicious code, or material that is unlawful, defamatory, obscene, or infringing.

2.5. Usage Verification. Fortis may, at any time and using usage data already available to it within fortisOS, verify the number of Locations in use against the number subscribed. If the Merchant is operating more Locations than it has paid for, Fortis may charge for the additional Locations from the date the excess usage began, at the then-current list price, and may suspend the excess Locations until the Merchant subscribes for them.

2.6. Self-Setup and Configuration. fortisOS is designed for self-service setup. The Merchant is responsible for configuring its own Locations, catalog, kitchen stations, floor maps, users, and printers. Fortis may make onboarding assistance available, but such assistance does not transfer responsibility for the accuracy of the resulting configuration to Fortis.

2.7. Changes to the Service. Fortis develops fortisOS continuously and may add, modify, or remove features. Fortis will not materially degrade the core functionality of fortisOS during a Subscription Period the Merchant has paid for. Where Fortis discontinues a material feature, it will give at least thirty (30) days’ notice by email or in-app notification where practicable.

3. ACCOUNTS, USERS AND ACCESS CONTROL

3.1. Registration. The Merchant must provide accurate, current, and complete information when registering an Account, including its trade name, Location details, VAT status, and TRN where applicable, and must keep that information up to date. Fortis may rely on the accuracy of this information, in particular for the purposes of tax invoicing under Section 6.6.

3.2. Merchant Responsibilities. The Merchant is responsible for: (a) maintaining the confidentiality of Account credentials; (b) all activities that occur under its Account, including all orders, refunds, discounts, voids, price changes, and configuration changes made by any Authorized User; (c) ensuring that its Authorized Users comply with this Agreement; and (d) promptly notifying Fortis of any unauthorized use or suspected security breach affecting its Account. Fortis is not liable for losses caused by the Merchant’s failure to maintain the security of its Account credentials or devices.

3.3. Role-Based Access Control. fortisOS provides role-based access control with Owner, Manager, Financial Manager, and Line Staff roles and an owner-editable access matrix. The Merchant is solely responsible for assigning roles and permissions appropriately, for reviewing them periodically, and for revoking access promptly when an Authorized User leaves the Merchant’s business or changes role. Fortis has no visibility into, and accepts no responsibility for, the appropriateness of the Merchant’s internal permission model.

3.4. Authorized User Details. The Merchant adds Authorized Users to fortisOS itself by entering their email addresses. The Merchant confirms that it has a lawful basis to provide those email addresses to Fortis and to have Fortis process them for the purpose of providing fortisOS, and that it has informed those individuals as required by applicable data protection law. Fortis does not require, and asks the Merchant not to upload, any employee Personal Data beyond that necessary to create and administer user access.

3.5. Security Suspension. Notwithstanding Section 6.8, Fortis may suspend access to fortisOS, in whole or in part, without prior notice where Fortis reasonably believes such action is necessary to (a) prevent unauthorized access to, or compromise of, fortisOS or any customer’s data, or (b) address a security vulnerability, suspected fraud, or a violation of Section 2.4. Fortis will give notice as promptly as reasonably practicable and will restore access once the issue is resolved.

4. MERCHANT DEVICES, PRINTERS AND HARDWARE

4.1. Bring Your Own Hardware. fortisOS is designed to run on hardware the Merchant already owns, including iOS and Android tablets and phones and web or desktop browsers. The Merchant may use any Merchant Device that meets the minimum specifications published in the Documentation.

4.2. Merchant Responsibility for Devices. The Merchant is solely responsible, at its own cost, for: (a) procuring, owning, insuring, maintaining, securing, updating, repairing, and replacing all Merchant Devices; (b) the operating systems, browsers, and other software running on them; (c) power, internet connectivity, local network configuration, and network reliability at each Location; and (d) physical security of Merchant Devices and the data displayed on them. Fortis does not warrant that fortisOS will operate on any particular Merchant Device, operating system version, browser, or network configuration.

4.3. Printers. fortisOS supports LAN, Bluetooth, and Wi-Fi printer connections. Printer compatibility depends on the printer model, firmware, tablet, and local network, none of which are within Fortis’s control. Fortis will use commercially reasonable efforts to support the printer models listed in the Documentation but does not warrant that any specific printer will function correctly, and is not liable for failed, delayed, duplicated, or incorrectly formatted print output.

4.4. Offline Operation. Certain fortisOS functions may be unavailable or degraded when a Merchant Device loses connectivity. The Merchant is responsible for maintaining a business continuity procedure for periods of connectivity loss, including a manual method of recording orders and payments, and acknowledges that Fortis is not liable for losses arising from connectivity failures outside its reasonable control.

5. FREE TRIAL AND FREE PLAN

5.1. Trial Period. Fortis offers a Free Trial of one (1) month, commencing on the date the Merchant’s Account is activated, unless a different period is stated at the point of registration. The Free Trial is available once per Merchant. Fortis may refuse or terminate a Free Trial where it reasonably suspects abuse, including the creation of multiple Accounts to obtain repeated trials.

5.2. Trial Conditions. During the Free Trial, fortisOS is provided “AS IS” and “AS AVAILABLE”, without warranty of any kind and without any service level commitment. Fortis may terminate a Free Trial at any time for any reason on notice.

5.3. Automatic Conversion to a Paid Subscription. Unless the Merchant cancels before the Free Trial ends, the Free Trial converts automatically at the end of the trial month into a paid subscription on the plan and Billing Cycle selected by the Merchant, and the first charge is taken at that point in accordance with Section 6. Fortis will send a reminder by email or in-app notification at least seven (7) days before the Free Trial ends, stating the applicable Fees and how to cancel.

5.4. Cancelling During the Trial. The Merchant may cancel at any time during the Free Trial from the Back Office. If the Merchant cancels before the Free Trial ends, no Fees are charged and access to fortisOS ends when the trial period expires.

5.5. Trial Data. Merchant Data entered during a Free Trial that does not convert into a paid subscription may be permanently deleted after the retention period in Section 7.6. The Merchant should export any data it wishes to keep before that period expires.

5.6. Free Plan. Fortis may make a Free Plan available to Merchants. The features, functionality, and usage limits available under the Free Plan are determined by Fortis in its sole discretion and may be added, modified, or withdrawn at any time, including as described in Section 2.7. Use of the Free Plan does not entitle the Merchant to any specific feature, functionality, or level of service, and Sections 15 (Disclaimers) and 20.4 (Free Trial Liability Cap) apply to the Free Plan on the same basis as to the Free Trial, mutatis mutandis.

6. FEES, BILLING AND PAYMENT

6.1. Self-Serve Subscription. fortisOS is sold as a self-serve subscription. The Merchant selects a monthly or yearly plan and the number of Locations in the Back Office. The applicable Fees are those presented to the Merchant at the point of subscription, and are also available within the fortisOS portal.

6.2. Pricing by Location. Fees are calculated by reference to the number of Locations. Fees are based on the Locations subscribed, not on actual usage, transaction volume, or the number of Authorized Users.

6.3. Payment in Advance and Automatic Renewal. Fees are charged in advance at the start of each Billing Cycle. The subscription renews automatically at the end of each Billing Cycle for a further period of the same length, and the Merchant’s payment method is charged automatically, until the Merchant cancels in accordance with Section 7.4. By subscribing, the Merchant authorizes Fortis and Stripe to charge the Merchant’s payment method on this recurring basis.

6.4. Adding Locations Mid-Cycle. If the Merchant adds a Location during a Subscription Period, Fortis may charge a pro-rated amount for the remainder of that Subscription Period at the time the Location is added, and the full Fee for that Location applies from the next Billing Cycle. Removing a Location takes effect from the start of the next Billing Cycle; no credit or refund is given for a Location removed mid-cycle.

6.5. Billing via Stripe. Subscription billing is processed by Stripe. The Merchant must provide and maintain a valid payment method accepted by Stripe. The Merchant’s use of Stripe is subject to Stripe’s own terms and privacy policy, and Fortis is not responsible for Stripe’s services, availability, security, or fees. Card details are collected and held by Stripe, not by Fortis. If a charge fails, Fortis or Stripe may retry it, and Section 6.8 applies.

6.6. Tax Invoices and VAT. Fortis will issue a tax invoice for each charge and send it to the billing email address on the Account. Invoices are issued on the basis of the trade name, address, VAT status, and TRN entered by the Merchant. The Merchant is responsible for the accuracy of those details, and Fortis is not liable for any loss of input tax recovery or other consequence arising from inaccurate or out-of-date billing information supplied by the Merchant.

6.7. Taxes. Fees are exclusive of Taxes unless stated otherwise. The Merchant is responsible for all Taxes associated with its subscription, other than Taxes on Fortis’s income. If Fortis is legally obliged to collect or pay Taxes for which the Merchant is responsible, those amounts will be added to the Merchant’s invoice. If withholding is required by law, the Merchant will pay such additional amounts as are necessary so that the net amount received by Fortis equals the Fees otherwise payable.

6.8. Failed Payment and Suspension. If a Fee remains unpaid after the due date, Fortis may, after giving at least seven (7) calendar days’ notice by email or in-app notification, suspend the Merchant’s access to fortisOS until payment is received in full. Suspension does not extend the Subscription Period or reduce the Fees payable. If a Fee remains unpaid thirty (30) calendar days after the due date, Fortis may terminate this Agreement under Section 7.5.

6.9. Price Changes. Fortis may change its Fees. Any change takes effect from the start of the next Billing Cycle following at least thirty (30) days’ notice by email or in-app notification. If the Merchant does not accept the new Fees, its sole remedy is to cancel in accordance with Section 7.4 before the new Fees take effect. Continued use after the change takes effect constitutes acceptance of the new Fees.

6.10. No Set-Off. The Merchant shall pay all Fees without set-off, counterclaim, deduction, or withholding, except as required by law.

7. TERM, CANCELLATION, RENEWAL AND TERMINATION

7.1. Term. This Agreement begins when the Merchant first accepts these Terms, creates an Account, or starts a Free Trial, whichever is earliest, and continues until terminated or until the last Subscription Period expires following cancellation.

7.2. Subscription Periods. Each Subscription Period runs for one month or one year from the date of the applicable charge, according to the Billing Cycle selected, and renews automatically under Section 6.3.

7.3. How to Cancel. The Merchant may cancel its subscription at any time, without giving a reason, using the self-service cancellation function in the Back Office. Fortis will confirm the cancellation and the date on which access will end.

7.4. Effect of Cancellation. Cancellation takes effect at the end of the Subscription Period the Merchant has already paid for. Accordingly:

(a) the Merchant retains full access to fortisOS until the end of that Subscription Period;

(b) no further charge is taken after the end of that Subscription Period, and the subscription does not renew;

(c) access to fortisOS ceases on the day after that Subscription Period expires; and

(d) no refund, credit, or pro-rated repayment is due for the remainder of the Subscription Period, in accordance with Section 8.

Worked example: if the Merchant’s Subscription Period runs to 14 September and the Merchant cancels on 30 August, the subscription remains active until 14 September, no charge is taken on or after 15 September, and access to fortisOS ends on 15 September.

7.5. Termination for Cause. Either party may terminate this Agreement: (a) on thirty (30) days’ written notice of a material breach, if the breach remains uncured at the end of that period; or (b) immediately, if the other party becomes insolvent, enters liquidation or bankruptcy, or undergoes a similar proceeding. Fortis may terminate immediately on notice if: (i) Fees remain unpaid thirty (30) days after the due date; (ii) the Merchant breaches Section 2.4 (Use Restrictions); or (iii) the Merchant’s use of fortisOS exposes Fortis, its infrastructure providers, or other customers to material legal, security, or reputational risk. Where Fortis terminates for cause, no refund of any kind is due.

7.6. Effect of Termination or Expiry. On termination or expiry of this Agreement: (a) all licences granted under it terminate immediately; (b) the Merchant must cease all use of fortisOS; (c) the Merchant must pay any Fees accrued and unpaid as at the effective date; and (d) each party will, on request, return or destroy the other’s Confidential Information. Fortis will make Merchant Data available for export in a common machine-readable format for thirty (30) days after the effective date, provided the Merchant requests the export within that period and all Fees due have been paid. After that period, Fortis may delete Merchant Data in accordance with its retention policies, subject to any retention required by applicable law. The Merchant is strongly advised to export its catalog, transaction history, and reports before its access ends.

7.7. Survival. Sections 1, 6 (in respect of accrued Fees and Taxes), 7.6, 7.7, 8, 10.1, 10.4, 10.5, 12 (in respect of Personal Data still held), 16, 17, 18.3, 19, 20, and 21 survive termination or expiry of this Agreement.

8. NO REFUNDS

8.1. Fees Are Non-Refundable. All Fees are non-refundable. Once a Fee for a Subscription Period has been charged, it is not refundable in whole or in part, and no credit is issued, including where the Merchant: (a) cancels part-way through a Subscription Period; (b) does not use, or ceases to use, fortisOS during a Subscription Period; (c) closes one or more Locations during a Subscription Period; (d) reduces the number of Locations; or (e) is suspended or terminated for cause under Sections 3.5, 6.8, or 7.5.

8.2. What the Merchant Receives Instead. In place of a refund, the Merchant retains access to fortisOS for the whole of the Subscription Period it has paid for, as set out in Section 7.4.

8.3. Annual Plans. For yearly Billing Cycles, Section 8.1 applies to the full annual Fee. A Merchant on a yearly plan who cancels mid-year retains access until the end of the paid year and receives no refund for the unused months. Merchants who prefer shorter commitment periods should select the monthly Billing Cycle.

8.4. Free Trial. No Fees are charged during the Free Trial, so no refund can arise in respect of it.

8.5. Exceptions. Nothing in this Section 8 limits any right to a remedy that cannot lawfully be excluded under applicable UAE law, or any refund Fortis elects to grant at its sole discretion in an individual case. Any such discretionary refund does not create an entitlement or precedent.

9. SERVICE AVAILABILITY AND SUPPORT

9.1. Availability. Fortis will use commercially reasonable efforts to make fortisOS available 24/7, except for: (a) planned maintenance, with advance notice where practicable; (b) emergency maintenance; and (c) unavailability caused by factors beyond Fortis’s reasonable control, including Force Majeure Events, failures of the Merchant’s own network or devices, and failures of third-party platforms, integrations, or infrastructure providers.

9.2. Support. Fortis provides standard technical support Monday to Sunday 09:00–18:00 (UAE time), through support@fortis.world, the in-app Help Centre (https://support.wefortis.com/hc/en-us), and WhatsApp on +971 50-213-4201. Response time targets may be communicated but are not guaranteed unless a separate Service Level Agreement has been purchased. Support excludes issues arising from the Merchant’s misuse of fortisOS, from Merchant Devices, from local networks or printers, or from non-Fortis systems.

9.3. No Service Level Commitment. Unless the Merchant has purchased a separate Service Level Agreement, Fortis gives no uptime guarantee and no service credits are available.

9.4. Downtime Disclaimer. The Merchant acknowledges that interruptions may occur and agrees that Fortis is not liable for lost sales, lost orders, spoiled stock, staffing costs, or other losses resulting from downtime, except as expressly provided in an applicable Service Level Agreement. The Merchant is responsible for maintaining the continuity procedure described in Section 4.5.

10. MERCHANT DATA

10.1. Ownership. As between the parties, the Merchant retains all right, title, and interest in and to Merchant Data. Nothing in this Agreement transfers ownership of Merchant Data to Fortis.

10.2. Categories of Merchant Data. The Merchant acknowledges that, in using fortisOS, it will submit or generate the following categories of data:

(a) Business and tax data — location names and addresses, trade name, VAT registration status, TRN, and billing contact details;

(b) Corporate information - trade license, establishment card, organisational structure, key personnel identification documents;

(c) Catalog and configuration data — categories, subcategories, items, variations, modifier sets, prices, allergens and labels, floor maps, kitchen stations, and per-Location overrides;

(d) Operational and transaction data — orders, order lifecycle events, order types and Delivery Channels, discounts, comments, refunds, table occupancy, and kitchen ticket events;

(e) Authorized User data — the email addresses that the Merchant itself enters in order to create user accounts, together with each user’s assigned role and activity within fortisOS; and

(f) End-Customer Personal Data — where the Merchant uses the loyalty functionality, attaches customer details to orders, or enables guest ordering through the Digital QR Menu, the End-Customer Personal Data described in Schedule C.

10.3. Licence to Fortis. The Merchant grants Fortis and its Affiliates a worldwide, non-exclusive, royalty-free licence, for the duration of this Agreement and the retention period in Section 7.6, to host, store, copy, transmit, display, and process Merchant Data, and to sublicense these rights to Fortis’s sub-processors and infrastructure providers, solely as necessary to provide, secure, maintain, support, and improve fortisOS in accordance with this Agreement and the Data Privacy Notice.

10.4. Aggregated Data. The Merchant grants Fortis a worldwide, perpetual, irrevocable, royalty-free licence to compile, aggregate, and de-identify Merchant Data to create Aggregated Data, and to use Aggregated Data for benchmarking, analytics, research, and the improvement and development of Fortis’s products and services, including the training, evaluation, and improvement of machine learning and artificial intelligence models. Fortis will not disclose Aggregated Data in a form that identifies the Merchant as its source without the Merchant’s consent, and will not use End-Customer Personal Data in identifiable form for these purposes.

10.5. Merchant Responsibilities. The Merchant is solely responsible for: (a) the accuracy, quality, legality, and integrity of Merchant Data; (b) ensuring that Merchant Data and its use of fortisOS comply with all applicable laws and third-party rights, including data protection, consumer protection, food labelling, and tax laws; (c) obtaining all consents, notices, and permissions necessary for Fortis to process Merchant Data as contemplated by this Agreement; and (d) exporting and retaining its own copies of Merchant Data as required for its record-keeping and tax obligations.

10.6. Records and Reports. fortisOS generates sales analytics, VAT-inclusive reports, and downloadable CSV and PDF exports. These are provided as an operational convenience. They do not constitute tax, accounting, financial, or legal advice. The Merchant remains solely responsible for its own bookkeeping, VAT returns, and regulatory filings, for verifying the figures it relies on, and for retaining records for the periods required by applicable law. Fortis is not liable for any assessment, penalty, interest, or loss arising from the Merchant’s reliance on reports generated by fortisOS.

10.7. Backups. Fortis maintains backups of its production systems as part of its own operational resilience. This is not a substitute for the Merchant’s own record-keeping, and Fortis does not guarantee the recovery of any specific item of Merchant Data, in particular where its loss results from an act or omission of the Merchant or an Authorized User.

11. MERCHANT CONTENT

11.1. Upload of Merchant Content. The Merchant may upload Merchant Content — including photographs, images, logos, branding assets, and menu item names and descriptions — to customise its catalog, its Digital QR Menu, its receipts, and its fortisOS environment.

11.2. Merchant Warranties. The Merchant represents and warrants that, for all Merchant Content it uploads: (a) it owns the Merchant Content or holds all rights, licences, and permissions necessary to upload it and to have it used as contemplated by this Agreement; (b) the Merchant Content does not infringe any Intellectual Property Rights, right of privacy or publicity, or other right of any third party; (c) where the Merchant Content includes photographs of identifiable individuals, the Merchant holds all necessary consents; and (d) the Merchant Content is not unlawful, misleading, defamatory, obscene, or otherwise objectionable, and complies with all applicable advertising, food labelling, and consumer protection laws.

11.3. Licence to Fortis. The Merchant grants Fortis a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt in format and resolution, transmit, and display Merchant Content solely to the extent necessary to provide fortisOS, including displaying it on the Merchant’s own point of sale, receipts, reports, and Digital QR Menu to the Merchant’s guests. This licence ends when the Merchant Content is deleted or when the retention period in Section 7.6 expires, save for copies retained in routine backups until overwritten in the ordinary course.

11.4. Accuracy of Menu Content. The Merchant is solely responsible for the accuracy and completeness of all menu content, including item names, descriptions, prices, variations, modifiers, availability, nutritional claims, and allergen and dietary information. Fortis does not verify, and has no ability to verify, the accuracy of menu content, including allergen data, whether entered manually or generated by the AI Features. The Merchant must review all menu content before publishing it to guests and must keep it current. The Merchant acknowledges that inaccurate allergen information may cause serious harm to guests and accepts full responsibility for the content it publishes.

11.5. Removal. Fortis may remove or disable access to Merchant Content that it reasonably believes breaches this Section 11 or applicable law, or in response to a valid takedown notice or order. Fortis will notify the Merchant where practicable and permitted.

11.6. Merchant Branding. Where Merchant Content includes the Merchant’s trade marks or branding, the Merchant grants Fortis the limited right to display them within fortisOS and on guest-facing surfaces generated by fortisOS, in accordance with any reasonable brand guidelines the Merchant provides in writing.

12. DATA PROTECTION

12.1. Roles of the Parties. For the purposes of applicable data protection law, and as between the parties, the Merchant is the data controller and Fortis is a data processor in respect of Personal Data contained in Merchant Data, including Authorized User email addresses and End-Customer Personal Data. Fortis acts as a controller in respect of its own account administration, billing, security, and service-improvement activities described in the Data Privacy Notice.

12.2. Processing Instructions. Fortis will process Personal Data within Merchant Data only as necessary to provide fortisOS, in accordance with this Agreement, the Data Privacy Notice, and the Merchant’s documented lawful instructions, and as otherwise required by applicable law.

12.3. Compliance. Both parties will comply with applicable data protection laws, including UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL) and any implementing regulations. The Merchant confirms that it has a lawful basis for, and has provided all required notices in respect of, the Personal Data it submits to fortisOS — including employee email addresses under Section 3.4 and End-Customer Personal Data under Schedule C — and that it has all necessary rights to permit Fortis to process that Personal Data as contemplated by this Agreement.

12.4. Security. Fortis will implement and maintain appropriate technical and organisational measures designed to protect Merchant Data against unauthorized access, loss, alteration, or disclosure, having regard to the state of the art, the costs of implementation, and the nature of the data. No system is completely secure, and Fortis does not warrant that fortisOS cannot be compromised.

12.5. Sub-Processors. The Merchant authorizes Fortis to engage sub-processors, including cloud infrastructure providers, Stripe, AI Providers and Processors and the third-party technology providers underlying particular modules, to process Personal Data in connection with fortisOS. Fortis remains responsible for its sub-processors’ performance of the obligations in this Section 12 and will impose data protection obligations on them that are no less protective than those set out here.

12.6. International Transfers. Personal Data may be transferred to, stored in, or accessed from jurisdictions outside the UAE where Fortis or its sub-processors operate. Fortis will ensure that any such transfer is subject to appropriate safeguards as required by applicable law.

12.7. Personal Data Breach. Fortis will notify the Merchant without undue delay after becoming aware of a personal data breach affecting Personal Data within Merchant Data, and will provide the information reasonably necessary for the Merchant to meet its own notification obligations.

12.8. Assistance and Deletion. Taking into account the nature of the processing, Fortis will provide reasonable assistance to the Merchant in responding to data subject requests and in carrying out data protection impact assessments, and will delete or return Personal Data within Merchant Data in accordance with Section 7.6.

12.9. Data Privacy Notice. Fortis’s handling of Personal Data is described more fully in the Data Privacy Notice at https://www.wefortis.com/legal/privacy-policy.

13. AI FEATURES

13.1. What the AI Features Do. The AI Features are an integral part of fortisOS. Use of the AI Features constitutes the Merchant’s consent to the processing described in this Section 13. All other provisions of this Agreement, including those governing Merchant Data, Data Privacy, Intellectual Property and Confidentiality, continue to apply to AI Input and AI Output. The AI Features currently include Easy Menu Import, which extracts and pre-fills catalog data from a photograph, PDF, spreadsheet, or link to an existing menu, and analytical or assistive capabilities that operate on the structured data generated by fortisOS. Fortis may add, modify, or withdraw AI Features in accordance with Section 2.7.

13.2. Third-Party Model Providers. To deliver the AI Features, Fortis engages AI Providers and Processors, which may be located inside or outside the UAE. Fortis contractually requires each of them to (a) process Merchant Data only to provide the relevant services to Fortis; (b) not use Merchant Data to train or improve their own or any third party's models; (c) maintain confidentiality; and (d) apply appropriate technical and organisational security measures. Merchant Data is not shared with any third party other than AI Providers and Processors engaged as necessary to provide the Software. Fortis may change or replace AI Providers and Processors from time to time provided the commitments in this Section 13 continue to apply.

13.3. Retention. Fortis retains AI Input and AI Output only for as long as necessary to provide the AI Features and in accordance with the Data Privacy Notice. AI Providers and Processors may process AI Input and AI Output transiently to generate AI Output. Where zero-retention arrangements are available and enabled, AI Input and AI Output are not retained by AI Providers and Processors after AI Output is generated. Where such arrangements are not available, AI Input and AI Output may be retained by an AI Provider or Processor for a limited period of up to 180 days solely for security and abuse-monitoring purposes before deletion, unless longer retention is required by law.

13.4. Output Is Not Verified — Human Review Required. AI-generated output is probabilistic and may be inaccurate, incomplete, outdated, or misleading. Fortis does not verify AI output. The Merchant must review, correct, and approve all AI-generated output before relying on it or publishing it, and is solely responsible for the consequences of doing so. This applies with particular force to prices, item descriptions, and allergen and dietary information produced by Easy Menu Import, to which Section 11.4 also applies.

13.5. No Advice. The AI Features are designed to assist the Merchant’s users and do not make decisions based solely on automated processing that produce legal consequences for, or similarly significantly affect, any individual. AI output — including forecasts, recommendations, rankings, and insights derived from analytics — is provided for informational purposes only and does not constitute tax, accounting, legal, financial, employment, or food safety advice. The Merchant remains responsible for all business decisions it takes.

13.6. Merchant Inputs. The Merchant shall not, and shall not permit its users to: (a) submit as AI Input any content that infringes third-party rights or violates applicable law, or that is intended to generate AI Output that does so; (b) submit special categories of Personal Data or Personal Data of children unless expressly permitted in the Documentation and with all necessary consents; (c) represent AI Output as human-generated or as endorsed by Fortis; or (d) use the AI Features to make decisions producing legal or similarly significant effects on individuals without meaningful human review. Where the Merchant uses the AI Features to interact with individuals, the Merchant is responsible for informing them that they are interacting with, or receiving content generated by, an AI system where required by applicable law. Section 11.2 applies to menus and other material uploaded for AI processing.

13.7. Use of Data for AI. Fortis uses Merchant Data to operate the AI Features for the Merchant’s benefit. Fortis’s use of data to train, evaluate, and improve its own models is limited to Aggregated Data as defined in Section 1 and licensed under Section 10.4.

13.8. No Warranty. Notwithstanding anything else in this Agreement, the AI Features are provided “AS IS”. Fortis gives no warranty as to the accuracy, completeness, reliability, suitability, or availability of any AI output.

14. ORDERS, GUEST REFUNDS AND PAYMENT PROCESSING

14.1. fortisOS Is Not a Payment Processor. fortisOS records orders, payments, and refunds as data. Fortis does not acquire, process, settle, or hold funds in respect of the Merchant’s sales to its guests. Recording a payment or refund in fortisOS is a bookkeeping entry; it does not move money.

14.2. Merchant Responsibility for Transactions. The Merchant is solely responsible for all transactions recorded in fortisOS, including the correctness of prices, discounts, taxes, service charges, tips, order comments, and refunds, and for resolving all disputes with its guests. Fortis is not a party to, and has no liability in respect of, any transaction between the Merchant and a guest.

14.3. Order Refunds. fortisOS enables full or partial refunds to be recorded against an order at the point of sale, indicated as returned to the original payment method. Whether, when, and how the funds actually reach the guest is determined by the Merchant’s PSP, acquirer, and card scheme, not by Fortis. The Merchant is responsible for ensuring that a recorded refund is matched by an actual refund through its PSP, for its own refund policy towards guests, and for compliance with applicable consumer protection law.

14.4. Order Status and Cancellation. fortisOS provides an order lifecycle of New, In Progress, and Done, together with Cancelled with a reason. The Merchant is responsible for the operational accuracy of order statuses and cancellation reasons and for training its staff accordingly.

14.5. PSP Dependencies. Certain features may integrate with, rely upon, or require access to systems operated by PSPs. Access to and continued use of those features is contingent on the Merchant: (a) establishing and maintaining a direct contractual relationship, account, and good standing with the relevant PSP; and (b) complying with all agreements, policies, technical requirements, and compliance mandates imposed by that PSP, including KYC, KYB, AML, underwriting, and PCI-DSS requirements. Fortis is not a party to any agreement between the Merchant and a PSP, makes no representation or endorsement regarding any PSP, and disclaims all liability for the acts, omissions, performance, availability, security, fees, or data handling practices of any PSP. Failure by the Merchant to establish or maintain its PSP relationships may prevent or disrupt its use of related features, and Fortis has no liability for that.

15. THIRD-PARTY SERVICES AND INTEGRATIONS

15.1. General. fortisOS may integrate with or rely on third-party platforms and services, including Delivery Channels, Stripe, printer manufacturers, cloud infrastructure providers, AI Providers and Processors, and the third-party technology underlying particular modules. The Merchant’s use of an integrated feature constitutes its instruction to Fortis to transmit the Merchant Data necessary for that feature to operate to the relevant third party.

15.2. Delivery Channels. Where fortisOS captures orders from, or reflects orders placed through, third-party aggregator platforms such as Talabat, Deliveroo, Careem, or Noon, the Merchant acknowledges that: (a) its relationship with each aggregator is governed by its own separate agreement with that aggregator, to which Fortis is not a party; (b) the availability, scope, and accuracy of any integration depend entirely on the aggregator’s platform and its APIs, which may change or be withdrawn without notice; and (c) Fortis is not responsible for orders, commissions, menu synchronisation, delivery performance, or disputes arising on or with an aggregator platform. Channel capture in fortisOS is a reporting attribute and does not create any relationship between Fortis and the aggregator.

15.3. No Responsibility for Third Parties. Fortis is not responsible for the data handling practices, security, performance, availability, pricing, or continued existence of any third-party service. Any issue arising from a third-party service must be resolved directly between the Merchant and that provider. Fortis may cease to support any integration where the third party changes or withdraws its platform, and such cessation is not a breach of this Agreement.

16. INTELLECTUAL PROPERTY RIGHTS

16.1. Fortis Property. Fortis owns all right, title, and interest, including all Intellectual Property Rights, in and to the Fortis Property. No rights are granted to the Merchant other than the limited licence expressly set out in Section 2.2.

16.2. Merchant Property. The Merchant owns all right, title, and interest in and to Merchant Data and Merchant Content, subject only to the licences granted in Sections 10.3, 10.4, and 11.3.

16.3. Feedback. If the Merchant provides any suggestion, idea, enhancement request, or other feedback (“Feedback”), the Merchant grants Fortis a perpetual, irrevocable, worldwide, royalty-free, fully paid-up licence to use, incorporate, and exploit that Feedback for any purpose without restriction or obligation.

17. CONFIDENTIALITY

17.1. Obligation. Each Receiving Party agrees to: (a) protect the Disclosing Party’s Confidential Information using the same degree of care it uses for its own similar information, and in any event no less than reasonable care; (b) not use Confidential Information for any purpose outside the scope of this Agreement; and (c) limit access to Confidential Information to those of its employees, contractors, and agents who need it for purposes consistent with this Agreement and who are bound by confidentiality obligations no less restrictive than those set out here.

17.2. Compelled Disclosure. A Receiving Party may disclose Confidential Information where legally compelled to do so, provided that it gives the Disclosing Party prior notice where legally permitted and reasonable assistance, at the Disclosing Party’s cost, to contest or limit the disclosure.

18. WARRANTIES AND DISCLAIMERS

18.1. Mutual Warranties. Each party warrants that it has the legal power and authority to enter into this Agreement.

18.2. Fortis Warranty. Fortis warrants that it will provide fortisOS with reasonable skill and care and substantially in accordance with the Documentation. The Merchant’s exclusive remedy for breach of this warranty is for Fortis to use commercially reasonable efforts to correct the non-conformity.

18.3. DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, fortisOS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTIS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FORTIS DOES NOT WARRANT THAT fortisOS WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT IT WILL MEET THE MERCHANT’S REQUIREMENTS, THAT IT WILL OPERATE WITH ANY PARTICULAR MERCHANT DEVICE, PRINTER, NETWORK, OR THIRD-PARTY PLATFORM, OR THAT ANY DATA, REPORT, OR AI OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE. THE MERCHANT ACKNOWLEDGES THAT FORTIS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT fortisOS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH FACILITIES.

19. INDEMNIFICATION

19.1. By Fortis. Fortis will defend the Merchant against any third-party claim alleging that the Merchant’s use of fortisOS, as permitted by this Agreement, infringes a UAE-registered patent or copyright, and will pay damages finally awarded or settlement amounts approved by Fortis. This obligation does not apply where the claim arises from: (a) use in combination with non-Fortis products or services, including Merchant Devices and third-party integrations; (b) modifications not made by Fortis; (c) Merchant Data or Merchant Content; (d) the Merchant’s breach of this Agreement; or (e) use of a non-current version where the infringement could have been avoided by using the current version. If such a claim arises, Fortis may, at its option: (i) procure the right for the Merchant to continue using fortisOS; (ii) replace or modify it so that it is non-infringing; or (iii) terminate the subscription, in which case Fortis will refund Fees paid for the unexpired part of the then-current Subscription Period, this being the sole exception to Section 8.

19.2. By the Merchant. The Merchant will defend Fortis against any third-party claim arising from: (a) Merchant Data or Merchant Content, including any claim of infringement, inaccuracy, privacy violation, or non-compliant allergen or labelling information; (b) the Merchant’s use of fortisOS in breach of this Agreement or applicable law; (c) any transaction, order, refund, or dispute between the Merchant and a guest or End-Customer; (d) the Merchant’s loyalty programme or its communications with End-Customers; (e) the Merchant’s products, food, or services; (f) the Merchant’s reliance on or failure to review any AI output. The Merchant will pay damages finally awarded or settlement amounts approved by the Merchant.

19.3. Procedure. The indemnified party must promptly notify the indemnifying party of the claim, grant it sole control over the defence and settlement, and provide reasonable cooperation. Counsel conducting the defence must be reasonably competent and free of material conflicts of interest; the indemnified party may participate with its own counsel at its own expense; and the indemnifying party shall not settle any claim in a manner that admits fault by, or imposes any non-monetary obligation on, the indemnified party without that party’s prior written consent, not to be unreasonably withheld.

20. LIMITATION OF LIABILITY

20.1. EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS, LOST REVENUE, LOST SALES, LOST OR SPOILED STOCK, LOSS OF GOODWILL, OR LOSS OR CORRUPTION OF DATA, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2. LIMITATION OF DIRECT DAMAGES. EXCEPT FOR THE MERCHANT’S PAYMENT OBLIGATIONS, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY THE MERCHANT TO FORTIS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

20.3. EXCLUSIONS. THE LIMITATIONS IN SECTIONS 20.1 AND 20.2 SHALL NOT APPLY TO: (a) THE MERCHANT’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 19.2; (b) LIABILITY ARISING FROM A PARTY’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT; (c) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (d) LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; (e) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 17; OR (f) ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. NOTWITHSTANDING SECTION 20.2, FORTIS’S AGGREGATE LIABILITY UNDER SECTION 19.1, AND EACH PARTY’S AGGREGATE LIABILITY FOR BREACH OF SECTION 17, SHALL NOT EXCEED TWO (2) TIMES THE TOTAL FEES PAID OR PAYABLE BY THE MERCHANT TO FORTIS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

20.4. FREE TRIAL. DURING A FREE TRIAL, WHERE NO FEES HAVE BEEN PAID, FORTIS’S AGGREGATE LIABILITY SHALL NOT EXCEED AED 1,000, SAVE IN RESPECT OF THE MATTERS LISTED IN SECTIONS 20.3(b) TO 20.3(f).

20.5. ALLOCATION OF RISK. THE MERCHANT ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET OUT IN THIS SECTION 20 AND THAT FORTIS WOULD NOT ENTER INTO THIS AGREEMENT ON THESE COMMERCIAL TERMS WITHOUT THESE LIMITATIONS.

21. GENERAL PROVISIONS

21.1. Governing Law and Jurisdiction. This Agreement is governed by the Federal Laws of the United Arab Emirates as applied in the Emirate of Dubai. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Dubai, UAE, in respect of any dispute arising out of or in connection with this Agreement.

21.2. Notices. Notices to the Merchant may be given by email to the address on the Account or by in-app notification, and are deemed given on the day sent. Notices to Fortis must be sent to legal@fortis.world (attention: Fortis Legal Department) and, in the case of a notice of termination or an indemnity claim, also to Fortis’s registered address, and are deemed given on confirmed delivery. It is the Merchant’s responsibility to keep its contact email address current.

21.3. Relationship. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship.

21.4. Assignment. Neither party may assign this Agreement without the other’s prior written consent, not to be unreasonably withheld, except that Fortis may assign it without consent to an Affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets.

21.5. Entire Agreement. This Agreement constitutes the entire agreement between the parties in respect of its subject matter and supersedes all prior communications, representations, or agreements, whether oral or written. Any conflicting or additional terms in a purchase order or other Merchant document are void. This Agreement does not create any right enforceable by any person who is not a party to it, including any End-Customer.

21.6. Amendments. Fortis may amend these Terms by giving the Merchant at least thirty (30) days’ notice by email or in-app notification before the changes take effect. If the Merchant objects to a material change, its sole remedy is to cancel its subscription under Section 7.4 before the change takes effect. Continued use of fortisOS after that date constitutes acceptance of the amended Terms.

21.7. Waiver. No failure or delay by either party in exercising any right constitutes a waiver of that right. Waivers must be in writing.

21.8. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to render it enforceable while preserving the parties’ original intent.

21.9. Force Majeure. Neither party is liable for any delay or failure to perform, excluding payment obligations, due to causes beyond its reasonable control, including acts of God, government action, natural disaster, pandemic, cyber-attack, failure of a telecommunications or internet provider, or failure of a third-party cloud infrastructure provider (a “Force Majeure Event”).

21.10. Publicity. Fortis may identify the Merchant by name and logo in its customer lists and standard marketing materials, subject to any reasonable brand guidelines the Merchant provides in writing. The Merchant may opt out at any time by written notice to legal@fortis.world.

21.11. Compliance with Laws. Each party will comply with all applicable laws and regulations in its performance of this Agreement. The Merchant is responsible in particular for compliance with all food safety, hygiene, licensing, labelling, employment, consumer protection, and tax laws applicable to its business.

21.12. Execution and Acceptance. This Agreement may be accepted electronically, including by clicking to accept, or by creating an Account. Electronic acceptance and electronic signatures are valid and binding in accordance with applicable UAE law.

ANNEX — SCHEDULES

SCHEDULE A — DESCRIPTION OF fortisOS

This Schedule describes the modules comprising fortisOS as at the Last Updated date of these Terms. It is descriptive only; Fortis may add, modify, or withdraw functionality in accordance with Section 2.7, and the availability of a particular module may depend on the Merchant’s plan.

A1. Point of Sale

• Order taking — order entry for Dine-in, Takeaway, and Delivery, with Delivery Channel capture (own rider, Talabat, Deliveroo, Careem, Noon), whole-catalog search, order- and item-level discounts and comments, customer attachment, multiple open orders, and real-time multi-device synchronisation.
• Order status model — a single order lifecycle of New, In Progress, and Done, plus Cancelled with a reason, with the Done trigger adapting to order type.
• Order refunds — recording of full or partial refunds against an order, indicated as returned to the original payment method, subject to Section 14.3.
• Table management — a floor map builder with sections, table shapes, auto-rendered seats, and bulk add, and a Tables view showing occupancy, multiple orders per table, and order transfer between tables.
• Digital QR Menu — a browser-based menu opened from a QR code at the table, available in Browse-only or Menu & Order mode, subject to Schedule B.

A2. Kitchen Display Screen

• KDS — real-time kitchen tickets in a four-column, no-scroll layout with station views, per-item closing with undo, a configurable aging timer, and modification and cancellation alerts.
• Kitchen station management — stations configured per Location with item-level routing; with no configuration, all items route to the built-in Default station.

A3. Back Office

• Catalog — categories and subcategories, reusable modifier sets, variations with independent pricing, and allergens and labels, applied consistently across the point of sale, online menu, receipts, and reports.
• Location-level catalog — one brand-level catalog with per-Location price, availability, and modifier overrides.
• Easy Menu Import — AI-assisted pre-filling of the catalog from an uploaded photograph, PDF, spreadsheet, or link, subject to Section 13.
• Sales analytics — net and gross revenue, top and non-selling items, shared time, Location, and payment filters, interactive order investigation, and downloadable CSV and PDF reports including VAT, subject to Section 10.6.
• Role-based access control — Owner, Manager, Financial Manager, and Line Staff roles with an owner-editable access matrix and switchable venue modules, subject to Section 3.3.
• Billing — self-serve subscription management through Stripe, including plan selection, Location count, cancellation, and tax invoices by email, subject to Sections 6, 7, and 8.

A4. Hardware

• Any hardware — fortisOS runs on the Merchant’s own iOS, Android, web, or desktop devices, subject to Section 4.
• Printers — LAN, Bluetooth, and Wi-Fi printer connections, subject to Section 4.3.

SCHEDULE B — DIGITAL QR MENU AND GUEST ORDERING

This Schedule applies where the Merchant enables the Digital QR Menu. It forms part of the Agreement and, in the event of conflict, prevails over the body of these Terms in respect of the Digital QR Menu only.

B1. The Feature. The Digital QR Menu is a live, browser-based menu that a guest opens by scanning a QR code, with no application download. It is available in two modes: Browse only, where the guest can view the menu; and Menu & Order, where the guest can submit an order that arrives at the point of sale for confirmation by the Merchant’s staff.

B2. Guest-Facing Surface. The Digital QR Menu is a guest-facing surface presenting the Merchant’s own Merchant Content. As between the Merchant and its guests, the Merchant is the provider of the menu and of any goods ordered through it. Fortis is not a party to any contract between the Merchant and a guest.

B3. Merchant Confirmation. Guest orders in Menu & Order mode are proposals that require confirmation by the Merchant’s staff at the point of sale. The Merchant is responsible for monitoring incoming guest orders, for confirming or rejecting them promptly, and for any consequence of failing to do so. Fortis does not guarantee that any guest order will be received, displayed, or confirmed.

B4. Menu Accuracy, Allergens, and Pricing. Section 11.4 applies in full to the Digital QR Menu. The Merchant is solely responsible for ensuring that item availability, prices, and allergen and dietary information shown to guests are accurate and current, and for displaying any disclosure required by applicable food labelling, consumer protection, or price display law. The Merchant must not rely on the Digital QR Menu as its sole means of communicating allergen information where applicable law requires otherwise.

B5. Guest Notices. The Merchant is responsible for ensuring that guests are given any notice or terms required by applicable law in connection with their use of the Digital QR Menu and any Personal Data collected through it, and for the lawful basis for that collection.

B6. No Payment at the Table. Unless a separate payment feature is expressly purchased, the Digital QR Menu does not take payment from guests. Payment is collected by the Merchant through its own means, subject to Section 14.

SCHEDULE C — LOYALTY AND END-CUSTOMER DATA

This Schedule applies where the Merchant uses the loyalty functionality of fortisOS or otherwise collects End-Customer Personal Data through fortisOS. It forms part of the Agreement and, in the event of conflict, prevails over the body of these Terms in respect of that functionality only.

C1. Merchant Operates the Programme. The loyalty programme is created, operated, and administered by the Merchant, using fortisOS as a tool. Fortis does not operate the Merchant’s loyalty programme and is not a party to any relationship between the Merchant and an End-Customer.

C2. Controller and Processor. The Merchant is the data controller of End-Customer Personal Data and Fortis is a data processor, as set out in Section 12.1.

C3. End-Customer Personal Data. The End-Customer Personal Data processed through fortisOS may include: (a) registration data such as name, email address, and telephone number; (b) transaction information linked to rewards; and (c) activity data such as points earned and redeemed. The Merchant must not collect through fortisOS any Personal Data beyond that reasonably necessary to operate its loyalty programme, and must not upload special category or sensitive Personal Data.

C4. Mandatory Merchant Obligations. The Merchant must ensure that, at the point of registration, each End-Customer is presented with, and accepts, a legally binding set of terms and a privacy notice which clearly disclose that: (a) the loyalty programme is operated by the Merchant using fortisOS; (b) Personal Data is collected and processed to administer rewards and track transactions; and (c) data may be shared with Fortis and its sub-processors to deliver the service.

C5. Marketing Consent. The Merchant must obtain explicit, recorded consent before sending any marketing communication to an End-Customer, and must provide a functioning opt-out. Fortis is not liable for the Merchant’s failure to obtain consent or to honour an opt-out, and the Merchant’s indemnity in Section 19.2 applies.

C6. Compliance. The Merchant must operate its loyalty programme in compliance with all applicable UAE consumer protection and data protection laws, including the PDPL.

C7. Disputes with End-Customers. Fortis is not liable for any dispute between the Merchant and an End-Customer regarding rewards, points, redemption, or service quality.

C8. Termination and Deletion. On expiry or termination of the Merchant’s subscription, access to the loyalty functionality ceases in accordance with Section 7.4 and End-Customer data is handled in accordance with Section 7.6. Where an End-Customer closes their loyalty account, the Merchant is responsible for instructing deletion or anonymisation, which Fortis will action unless retention is required by applicable law.

C9. Disclaimer. The loyalty functionality is provided “AS IS”. Fortis does not warrant that points accrual, redemption, or reward tracking will be error-free or uninterrupted.