Terms and conditions

1. Definitions

The parties referred to in this Agreement shall be defined as follows:

a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website makes the Website, and certain Services on it, available to users. Ordering, Inc., Company, Us, We, Our, Ours, and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.

b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.

c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

d) Customer: You, when You or the entity You represent subscribe to the Services.

e) Customer Data: data, including personal data, that Customer or its users submit to the Services.

f) Order Form: the order, quote or online plan selection that references this Agreement.

2. Assent & Acceptance

The Company provides its service (as defined below) to You through its website located at www.ordering.co (the “Site”), subject to these Terms of Service agreement (“TOS”).

By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If You do not have such authority, or if you do not agree with these TOS, You must not accept these TOS and may not use the Service.

The Company may change this TOS as described in section 17. You can review the most current version of this TOS at any time at ordering.co/legal/terms/. The revised terms and conditions will become effective at the end of the notice period, and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.

The user acknowledges and agrees to our Privacy Policy available at https://www.ordering.co/legal/privacy/.

3. Age restriction

You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.

4. License to use website

The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable, and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

5. Intellectual property

You agree that the Website and all services provided by the Company are the property of the Company, except for open-source components, including the frontend source code included with Ordering.co products, which are licensed under their own open-source licenses, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all rights, titles, and interests in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. Furthermore, you agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.

a) Customer, from time to time, may submit Feedback to The Company. The Company may freely use or exploit Feedback in connection with the Service. To the extent Customer submits Feedback, Customer hereby grants to The Company, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any product or service at any time at the sole discretion of The Company.

b) Trademark: "Ordering.co" and the Ordering.co logos are trademarks of Ordering, Inc. You may use them only to identify yourself as a customer of Ordering.co and may not include them in your own names or offerings.

Third-party names, logos and trademarks shown on this website belong to their respective owners. Showing them does not imply endorsement or a relationship, except where a relationship is expressly described. Ordering.co will remove any content about another business or website within five (5) working days of a valid request sent through our contact page.

6. User Obligations

As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name, mobile phone, and email. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately through our contact page. You are responsible for maintaining the safety and security of Your identifying information, as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity, is grounds for immediate termination of this Agreement.

7. Acceptable use

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

a) You further agree not to use the Website or Services:

I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

b) The Community standards apply to all businesses and negotiations. We all like to be treated as persons, and we always try our best to treat our customers in the best way possible.

If you violate the community standards, you will normally receive a warning and may have your account restricted for a repeat offense.

The restrictions will normally be short-term, with the length of the ban relating to the severity of the offense.

The Company may provide or deny service to any person or company. If we decline or stop providing service, we are not responsible for amounts the person or company spent with third parties on their project.

c) You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Ordering.co, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

You are responsible for all information, data, text, messages, or other materials that You post or otherwise transmit via the Service. Furthermore, you are responsible for maintaining the confidentiality of your login and account and are fully responsible for any activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. Ordering reserves the right to access any or all of your accounts to respond to your requests for technical support.

You acknowledge that this TOS is a contract between You and Ordering.co.co, even though it is electronic and is not physically signed by you and Ordering.co. It governs your use of the Service and takes the place of any prior agreements between You and Ordering.co.

It is the sole responsibility of the Customer to ensure that the Customer Content is complete, accurate, current, legal, and decent, reflecting the true state and features of the displayed information. The Customer acknowledges that he/she owns the displayed information or has the legal right to display the information and Customer Content on the Customer Websites.

The Customer is responsible for ensuring that his/her Customer Website complies with local law. The Customer is responsible for drafting the terms of use and privacy policy for his/her Customer Website. The Customer Web site’s privacy policy must contain terms that are at least as protective of a user’s privacy as those contained in this Agreement.

The Customer agrees that we shall not take any responsibility for comments and reviews posted on the Customer Websites by Users or imported from third-party sources. We shall not be liable to the Customer should the review turn out to be injurious to the Customer, give rise to any claim, or cause loss or damage to the Customer.

If the Customer operates in a similar business to ours, we reserve the right to refuse to offer our Services to them.

8. Privacy information

Our collection and use of personal data is described in our Privacy Policy, which forms part of this Agreement.

9. Sales to third parties

The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.

10. Subscription term, fees & payment

a) Subscription term and Renewals. Unless otherwise specified on the applicable Order Form, each Subscription Term will automatically renew for

Monthly subscriptions: an additional 30 days.

Yearly subscriptions: an additional 365 days.

Unless either party gives the other written notice of termination at least seven (7) days before the expiration of the then-current Subscription Term.

b) Fees and Payments. All fees are outlined in the applicable Order Form and will be paid by the Customer in advance, on the invoice date.

The account owner will receive an email receipt for each credit card charge.

c) Payment. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change.

d) Recurring Billing Authorization. By providing Credit Card information and agreeing to purchase any Services, Customer hereby authorizes The Company (or its designee) to automatically charge Customer's Credit Card at the start of each monthly or yearly Subscription Term.

Ordering.co uses a third-party intermediary to manage credit card processing. This intermediary is not permitted to use your billing information except to process your credit card information for Ordering.co.

The Customer agrees to a contract agreement with us, he/she agrees to us, or our third-party service providers, storing his/her payment card information. The Customer expressly agrees that we are authorized to charge him/her (i) a fee for any applicable Services billed on a monthly or yearly basis, (ii) any other fees for Services he/she may purchase, and (iii) any applicable taxes in connection with his/her use of the Services to the payment card he/she provides and to reimburse us for all collection costs and interest for any overdue amounts.

If the payment card the Customer provides expires or fails to make the payment and he/she does not provide new payment card information or cancel his/her account, the Customer authorizes us to continue billing him/her, and he/she agrees to remain responsible for any uncollected fees.

All fees shall be paid in U.S. dollars.

e) Foreign Transaction Fees. Customer acknowledges that for certain Credit Cards, the issuer of Customer's Credit Card may charge a foreign transaction fee or other charges

f) Past Due Invoices. If Customer's account is twenty-four (24) days or more overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), The Company reserves the right to suspend Customer's access to the applicable Service (and any related services) without liability to Customer until such amounts are paid in full

g) Downgrade. Downgrading your account may cause the loss of features or capacity of your account. Ordering.co does not accept any liability for such loss.

h) Price changes: We may change the prices of our Services with at least thirty (30) days’ notice. The price of an active subscription does not change during its current Subscription Term. Special pricing may apply to customers with an exceptionally high number of end users or unusually high usage.

i) Free memberships, offers, and trials. Ordering.co may offer free memberships, offers, and trial subscriptions at its sole discretion. If we provide you Services or Software for free or for trial purposes, such access is governed by these Terms. At any time before or during the free or trial period, Ordering.co may, in its sole discretion, terminate the free or trial access without prior notice and any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access. After the free trial period expires, you'll get automatically charged according to the package you selected.

j) Money-back guarantee. If you are not satisfied with a fixed plan purchased at regular price, you may request a refund within 14 calendar days after purchase, as described in section 11.

k) One-Time Payment Packages: No longer offered but still covered by these Terms and conditions.

The One-time Payment is buying the Limited License of a product/system as it is at the time of purchase. We offer 6 months of updates (within the same version)

One-time Payment packages only include 6 Months of Updates & Support. After these 6 months, you'll have to acquire one of our packages for more support & updates.

The One-time packages are restricted to its version, meaning that if you bought a version-A one-time payment package, You can use Version-A as long as you want. Deprecated third-party software might affect your actual Version functionality, Ordering.co is not liable for any issues. If you want to upgrade to Version-B or better, updates, releases, improvements, and fixes. You'll have to upgrade to a new package. Request a quote when needed.

11. Accept and Reject subscription - Return Policy

We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information You provide to Us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You before confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. For the sale of digital products, We will charge Your credit or debit card when the product is made available to You for digital use and/or download.

Subscriptions and Refund. We offer a money-back guarantee on our packages when purchased at regular price within 14 calendar days after purchase. To get a refund, please contact us through our contact page – The money-back guarantee does not apply to any custom work and does not apply to any special project offered outside our fixed plans. The custom design is not covered by the money-back guarantee. App Store and Google Play publishing done by Ordering.co on your behalf is not covered by the money-back guarantee. By accepting these terms and conditions, the buyer is accepting these conditions and understands the costs involved.

After 14 calendar days, The Company does not provide refunds or credits on any plan.

Customization Payments and Refunds: Our policy lasts 1 day. The request for customization form submitted by you should provide all the information to develop a project according to your needs. We encourage you to review the quote prior to confirmation and payment.

We can’t offer you a refund or exchange after payment. Our Customization Team starts working on Planning, and Development after confirmation. Then, we can’t take back the time already invested in your paid work.

To be eligible for a return, you must write to us through our contact page requesting a refund and a cancellation of your customization request. To complete your return, we require a receipt or proof of purchase.

Past the 1-day period. No matter what the reason is, The Company does not provide refunds for any custom work, apps purchase, custom invoices, extensions, purchases on our marketplace, or any other service that we provide.

For any questions, concerns, or disputes, You agree to contact Us in a timely manner through our contact page.

If You are unhappy with anything You have purchased on Our Website, You may do the following:

Customers can request a refund if they are not satisfied with any of our products and if the refund is not for a custom project by sending a request through our contact page.

Ordering.co has a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.

12. Reverse engineering & Security

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services, except for open-source components, including the frontend source code included with Ordering.co products, which are licensed under their own open-source licenses;

b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

13. Security

Ordering agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or Customer Data. However, Ordering will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond The Company's control.

14. Indemnification

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

15. Spam Policy

You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending unsolicited commercial messages in breach of applicable law.

16. Third-party links & content

The Company may occasionally post links to third-party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to Our Website.

The Services may support integrations with certain Third-Party Platforms. For the Services to communicate with such Third-Party Platforms, the Customer may be required to input credentials for the Services to access and receive relevant information from such Third-Party Platforms. By enabling the use of the Services with any Third-Party Platform and agreeing on their terms and conditions, Customer authorizes The Company to access Customer's accounts with such Third-Party Platform for the purposes described in this Agreement.

Ordering.co keeps adding integrations to provide you with the best options to select. We have a lot of partners that are delighted to work with you.

Ordering is always looking for best practices with third-party integrations. However, each one has its own approach and API structures, and even though everyone is trying to have full compatibility with, we face some special requirements every once in a while.

Ordering is not responsible for third-party integrations. This includes policy and/or requirements updates for the operation or functioning of said integrations.

The previous also applies to any technical support for said integration.

Third-party software might deprecate or update their software. Hence, their procedures or APIs, then compatibility is compromised and might not fully work.

Please consider this in your project. We will try to help as much as we can, but somehow there are limitations from third-party.

17. Modification & variation

The Company may modify this Agreement. We will post changes on this page with a new "Last updated" date and give Customers at least thirty (30) days’ notice of material changes by email or in the product. Changes take effect at the end of that notice period, and continued use of the Website or Services after the effective date means acceptance of the modified Agreement.

a) Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force.

b) Prior versions: Modifications replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest version.

18. Entire agreement

This Agreement constitutes the entire understanding between the Parties with respect to the use of the Website and Services, together with any Order Form, which prevails if it conflicts with this Agreement. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

The support and service level availability terms described in the Security Policy, the Support Policy, and the SLA may be updated from time to time upon reasonable notice to the Customer to reflect process improvements or changing practices.

19. Service Interruptions

The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to our services may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

20. Cancellation, termination & suspension

Either party may terminate this Agreement (including all related Order Forms) if the other party fails to cure a material breach of this Agreement (including a failure to pay fees) within twenty-four (24) days after written notice. You may cancel your subscription by sending a cancellation request through our contact page at least seven (7) days before the end of the current Subscription Term; you will not be charged for the following term. If you stop paying for a Paid Plan, we will suspend your account and reactivate it once payment is completed. An account suspended or inactive for more than six (6) months may be deleted.

All of your content may be deleted from the Service. This information cannot be recovered once your account is canceled.

Services may be terminated by us at any time, without penalty and notice, if the Customer fails to comply with any of the terms of this agreement.

The Customer agrees that we will not be liable to him/her or any third party for the termination of the Customer’s access to the Service.

Services canceled at the Customer’s request before the completion of the contract term are not subject to a refund, except under the money-back guarantee in section 11.

Upon termination, we have the right to delete all data, files, or other information stored in the Customer’s account. Customer acknowledges that following termination, it will have no further access to any Customer Data input into any Service and that The Company may delete any such data as may have been stored by The Company at any time.

21. Limited warranty

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.

The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services.

You agree that any damage that may occur to You, through Your computer system, or as a result of the loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

22. Limitation on liability

The Company is not liable for any damages that may occur to You due to Your use of the Website or Services provided by the Company, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred US dollars (US$100).

This section applies to any and all claims by You, NEITHER PARTY (NOR ITS SUPPLIERS) SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOSS OF BUSINESS, OPPORTUNITY, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 22 apply regardless of the form of action, whether, in contract, tort (including negligence), strict liability, or otherwise, and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Nothing in this Agreement prevents The Company from disclosing Customer Data to the extent required by law, subpoenas, or court orders, but The Company will use commercially reasonable efforts to notify Customer where permitted to do so.

23. Governing Law

You are responsible for complying with applicable laws, rules, or regulations governing the export of the Service or any of its components.

Governing Law. These TOS shall be governed by the laws of the State of Delaware without regard to the principles of conflicts of law. You expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Delaware to resolve any dispute relating to your access to or use of the Service.

24. General Provisions

a) LANGUAGE: All communications made or notice given under this Agreement shall be in the English language.

b) Jurisdiction and venue: Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in the State of Delaware, and the Parties submit to their personal jurisdiction.

c) WHAT IS CUSTOMIZATION?

Customization is an improvement, change, suggestion, idea, or anything that is NOT already developed in our platform. It does not matter how important you think it is. As long as the feature achieves its goal, being 100% functional for the user and letting the user do what he has to do, it will not be considered a bug but as a customization.

This applies to any feature and also to the looks, for example:

• “I want the platform to change the way customers search for restaurants.”
• “I want to change the currency symbol” = This can be done in the settings.
• “I want to change this image.”
• “I want this block not to appear here but there.”
• “I want to delete this feature” – “It takes no time to do it, just delete it.”

d) LIMITATION OF BUSINESS ACTIVITY.

We do not own or manage Information on Customer Websites. We are a neutral venue allowing customers to display their information on Customer Websites. We do not take part in, or responsibility for any management issues. We are not a party to any contract.

We have not confirmed the accuracy and currency of Customer Content, and we do not warrant that the Customer Content is accurate and current. The Customer Content is provided and maintained directly by the Customer, and he/she takes sole responsibility for the accuracy and currency of it. We are in no way liable for loss or damage incurred due to any inaccuracies or misleading statements made in the Customer Content.

The display of information on Customer Websites does not constitute an endorsement or recommendation by us. We cannot guarantee nor be responsible for the condition of the information displayed on Customer Websites. Ordering.co will have no liability or responsibility concerning User interactions with any other User.

e) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

f) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

g) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

h) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

i) Google Maps API Keys.

Each customer must have their own Google Maps API Keys; you need these for all the location features to work in your installation.

j) Support and Service Level Agreement

The Support is provided under The Company SLA, and Customers can upgrade the SLA under an additional contract.

k) Bugs or Error Fixes Guarantee

A bug produces unexpected results or causes a system to behave unexpectedly. In short, it is any behavior or result that a program or system gets but was not designed to do

Full Bug fixes (if it is a bug or error) for free ONLY when the files have not been modified by the customer. We will always do our best to fix it.

l) Do I need my Own Developer Account for Appstore & Google Play to upload my apps?

Yes, for the apps to be under your name, you will need your own Apple Developer & Google Play Developer Account. Charges from the Stores might apply.