Legal

Terms of service

The agreement between Hutay and the restaurants that use it, in plain English.

Last updated 2 November 2026

1. About these terms

These terms are an agreement between Primus Tech Services Limited ("Hutay", "we") and the business that signs up ("you"). Hutay is for businesses only. By creating an account you confirm that you act for a business and may agree to these terms for it.

Our data processing terms form part of these terms.

2. Your account

  • Give us correct details, confirm your email address, and keep them up to date.
  • Keep your password and staff PINs private. You are responsible for what happens under your account, including what your staff do.
  • Tell us straight away if you think someone has got into your account.

3. Free trial

A new restaurant gets two months free with every feature switched on, and no card is needed. Before the trial ends we email you 7, 3 and 1 days ahead.

When the trial ends without a package, you have 4 more days in which everything keeps working. After that, new orders pause once you close for the day: if your till is open, that day's service carries on until you seal it. Your data stays safe, and orders start again as soon as you are on a package.

4. Packages and fees

  • The packages and prices for your country are shown on hutay.com and in your dashboard. Prices exclude VAT.
  • Paid packages are billed monthly in advance. The Online package has a small fee per online order, capped each month as shown at the time.
  • Founding prices stay the same for as long as your paid subscription runs without a break.
  • Moving to a bigger package takes effect straight away. Moving to a smaller one takes effect from the next midnight in your restaurant's time zone, so nothing changes during a service.
  • We give you at least 30 days' notice by email before we change your price.

5. Your customers' payments

Card payments from your customers go straight into your own Stripe account. Hutay never holds your customers' money and takes no commission on orders. You are the seller: you set your prices, charge the right VAT, and handle refunds and chargebacks. Stripe's own terms apply between you and Stripe.

6. What you are responsible for

  • The food and drink you sell, including food safety and hygiene.
  • Accurate menus, prices and allergen information. Hutay shows what you enter.
  • Your licences, including any for alcohol, and checking ages for age-restricted items.
  • Your own terms and privacy notice for your customers, and the delivery you offer.

7. Fair use

Do not use Hutay to break the law, to sell anything illegal, to send spam, to get into other people's accounts or data, or to disrupt or copy the service.

8. Your content and your brand

Your menu, photos, logo and words stay yours. You let us host and show them only to run Hutay for you. Your customers see your brand, not ours.

9. Data protection

For your customers' data you are the controller and we are your processor, under our data processing terms. For your own account data we are the controller, as our privacy policy explains.

10. Keeping Hutay running

We work hard to keep Hutay available and secure, but we cannot promise it will never be interrupted. We try to do planned work outside service hours and to tell you in advance.

11. Suspension

We may pause your account if you do not pay, if you break these terms, or if we must for legal reasons. Apart from an emergency, illegal use or a security risk, we will not pause you in the middle of a service, and we will tell you why.

12. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.

Apart from that, we are not liable for lost profits, lost revenue, lost data or any indirect loss, and our total liability in any 12 months is limited to the fees you paid us in those 12 months, or £100 if that is more.

13. Ending the agreement

You can cancel at any time by emailing us; your package then runs to the end of the month you have paid for. We may end the agreement with 30 days' notice, or straight away if you seriously break these terms. When it ends, you can ask us for a copy of your data, and we delete it within 90 days apart from what we must keep by law.

14. Changes to these terms

We will email you at least 30 days before any change that matters takes effect. If you do not agree, you can cancel before then.

15. Law

These terms are governed by the law of England and Wales, and the courts of England and Wales decide any dispute.