Terms of Use

"Customer" means the person or entity who registers to use the Service (e.g., the Restaurant or Retailer).

"Authorised User" means any person or entity that a Customer authorizes to use the Service on its behalf (e.g., employees, staff).

"Services" means the suite of OrderQ's point of sale, inventory management, online ordering products, and websites (including orderq.us and reservation.orderq.us), and the OrderQ App.

"Content" means text, graphics, images, software, audio, video, information, or other materials.

"Customer Content" means any Content that the Customer or Authorised Users post, upload, publish, submit, or transmit to be made available through the Services (e.g., menu items, food photos, logos).

You agree to provide true, accurate, current, and complete account information. You are responsible for maintaining the security of your account and password. OrderQ will not be liable for any loss or damage resulting from your failure to keep user names and passwords secure.

You are responsible for all activity that occurs under your account, including the actions of your Authorised Users. You control each Authorised User's level of access and can revoke it at any time.

Subscription Terms: Specific details regarding your subscription fees, payment schedule, and plan limits are set forth in the applicable Order Form, Online Subscription Selection, or Invoice agreed to at the time of purchase.

Changes to Fees: OrderQ reserves the right to adjust pricing for the Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes will take effect following notice to you (e.g., via email or within the Service).

OrderQ Rights: All rights, title, and interest in and to the Services (including software, design, text, and OrderQ trademarks) are and will remain the exclusive property of OrderQ and its licensors.

Customer Content License: You retain ownership of your Customer Content (e.g., your menus and photos). However, by providing Content to the Services, you grant OrderQ a worldwide, royalty-free, transferable, non-exclusive license to use, copy, modify, create derivative works of, display, and distribute your Content in connection with operating and providing the Services to you and your end customers.

Feedback: If you provide us with any feedback or suggestions regarding the Services, you grant OrderQ an unlimited, irrevocable, perpetual, free license to use any such feedback for any purpose without any obligation to you.

The Services may contain links to third-party websites, utilize third-party payment processors (e.g., Stripe, PayPal), or integrate with third-party delivery services.

Disclaimer: OrderQ provides these integrations only as a convenience. We do not control or endorse any Third-Party Services. You acknowledge and agree that OrderQ is not responsible or liable for the availability, accuracy, content, or policies of Third-Party Services. Your use of third-party payment processors is subject to that processor's terms of service and privacy policy.

By You: You may cancel your account at any time by contacting us at contact.orderq@gmail.com. Cancellation will take effect at the end of your current billing cycle unless otherwise agreed.

By OrderQ: We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Effect of Termination: Upon termination, your right to use the Services will immediately cease. OrderQ may delete your data after 30 days, as outlined in our Data Retention Policy.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORDERQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DATA LOSS WILL NOT OCCUR.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORDERQ, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
3. ANY CONTENT OBTAINED FROM THE SERVICES; AND
4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

CAP ON LIABILITY: IN NO EVENT SHALL ORDERQ'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO ORDERQ FOR THE PAST TWELVE (12) MONTHS OF THE SERVICE.

Governing Law: These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Dispute Resolution: Any dispute arising from these Terms or your use of the Services will be resolved through binding arbitration in the United States, except that you may assert claims in small claims court if your claims qualify.

Force Majeure: OrderQ shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Entire Agreement: These Terms constitute the entire agreement between you and OrderQ regarding the Services.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Changes to Terms: We reserve the right to modify these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.