Please read these Terms carefully. By creating an account or using RestOrder, you confirm you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of a company, you represent you have authority to bind that company.
1Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and RestOrder ("RestOrder," "we," "us," or "our") governing your access to and use of the RestOrder platform, website, APIs, and related services (collectively, the "Services").
By clicking "I agree," checking the Terms acceptance box, or otherwise accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Services. Use of the Services is void where prohibited by applicable law.
2Description of Services
RestOrder is a Software-as-a-Service (SaaS) platform providing digital menu management, QR code generation, online ordering infrastructure, and analytics tools for restaurants, cafes, bars, and food service businesses.
What We Provide
- Digital menu creation, hosting, and management
- QR code generation linked to your menus
- Customer-facing ordering pages
- Order and payment processing facilitation (via third-party payment processors)
- Analytics and reporting dashboards
- Staff management tools
- CSV/Excel menu import tools
- API access (on eligible plans)
Service Availability
We aim for 99.9% uptime on paid plans. However, we do not guarantee uninterrupted, error-free service. Scheduled maintenance windows will be announced at least 24 hours in advance where possible. We are not liable for downtime caused by third-party services, internet infrastructure failures, or force majeure events.
Food Allergen Disclaimer: RestOrder is a menu display and ordering tool. We are not responsible for the accuracy of allergen, nutritional, or ingredient information displayed on menus. It is solely your responsibility as the restaurant operator to ensure all food information is accurate, current, and compliant with local food labelling laws.
3Accounts & Registration
Account Creation
To use the Services you must register for an account and provide accurate, complete, and current information. You agree to keep your account information up to date.
Account Security
You are solely responsible for maintaining the confidentiality of your account credentials (email, password, API keys). You agree to:
- Use a strong, unique password and enable any available 2FA options
- Not share your credentials with unauthorised persons
- Notify us immediately at [email protected] if you suspect unauthorised access
- Not circumvent or attempt to circumvent authentication mechanisms
We are not liable for losses arising from your failure to maintain account security.
One Account Per Business
Each legal business entity may maintain one primary account. You may add staff sub-accounts within your plan limits. Creating multiple accounts to circumvent plan limits is prohibited.
Business Accounts
If you register on behalf of a business, you represent and warrant that you are authorised to accept these Terms on behalf of that legal entity, and the entity is bound by these Terms.
4Subscriptions & Billing
Plans
RestOrder offers various subscription plans including a free tier ("Starter") and paid plans. Plan features, pricing, and limits are described on the Pricing page and within your account dashboard.
Billing Cycle
Paid subscriptions are billed on a monthly or annual basis as selected at checkout. Billing begins on the date you upgrade to a paid plan. Annual plans are billed upfront for the full year.
Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will send a renewal reminder at least 7 days before renewal on annual plans. You authorise us to charge your payment method on file for the renewal amount.
Price Changes
We may change subscription pricing with at least 30 days' written notice (by email). Continued use after the price change takes effect constitutes acceptance of the new pricing. If you disagree, you may cancel before the new pricing applies.
Taxes
Subscription prices are exclusive of applicable taxes (including VAT, GST, and sales tax) unless stated otherwise. You are responsible for paying all applicable taxes in your jurisdiction.
Failed Payments
If a payment fails, we will retry up to 3 times. After exhausting retries, your account may be downgraded to the free tier or suspended. You remain responsible for all outstanding balances. A late payment fee of up to 1.5% per month may apply to overdue amounts at our discretion.
Promotional & Trial Offers
Free trials, promotional codes, and discounted periods are offered at our sole discretion and may be withdrawn or modified at any time. Trial periods do not require a payment method unless explicitly stated. At the end of a trial, your account reverts to the free tier unless you upgrade.
5Cancellations & Refunds
Cancellation
You may cancel your paid subscription at any time from your account dashboard (Settings → Subscription). Cancellation takes effect at the end of the current billing period; you retain access to paid features until then.
Refund Policy
Monthly plans: No refunds are issued for monthly subscriptions. You may cancel at any time to prevent future charges.
Annual plans: If you cancel an annual plan within 14 days of the initial purchase and have not used the paid features (processed orders, uploaded more than 1 menu, or integrated payment gateways), you are eligible for a pro-rata refund of the unused period. After 14 days or after using paid features, no refund is issued.
Exceptional circumstances: Refund requests outside these conditions will be reviewed on a case-by-case basis at our sole discretion.
How to Request a Refund
See our dedicated Refund Policy page for full details and how to submit a request. In brief: email [email protected] with your account email, order reference, and reason. We will respond within 5 business days.
Non-Refundable Items
- Setup fees or any one-time charges
- Charges for overages beyond plan limits
- Subscriptions cancelled after the refund-eligible window
- Accounts terminated for violations of these Terms
Chargebacks
Initiating a chargeback or payment dispute instead of contacting us first may result in immediate account suspension pending investigation. We reserve the right to provide evidence of service delivery to your bank or card network.
6Acceptable Use Policy
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not use the Services to:
Prohibited Activities
- Violate any applicable local, national, or international law or regulation
- Upload, publish, or transmit content that is illegal, defamatory, obscene, fraudulent, or harmful
- Represent an unlicensed food business or operate a business that is not authorised by applicable food safety authorities
- Display false, misleading, or deceptive menu information (including prices, allergens, or availability)
- Engage in phishing, spam, or distribute malware
- Attempt to gain unauthorised access to any system, account, or data
- Reverse-engineer, decompile, or attempt to derive the source code of the platform
- Resell, sublicense, or white-label the Services without written permission
- Circumvent any technical restrictions, rate limits, or usage caps
- Use automated scripts to scrape data from the platform
- Create accounts for bots or automated agents without our express consent
- Use the Services to compete directly with RestOrder (e.g., building a competing SaaS)
- Process payments for goods or services not listed on your menus
- List prohibited items including alcohol sold to minors, controlled substances, weapons, or other regulated goods without appropriate licences
Fair Use
We reserve the right to limit or throttle your use of the Services if your usage materially exceeds the normal usage pattern for your plan, in a way that adversely affects other users or the platform's infrastructure.
Consequences
Violation of this policy may result in immediate suspension or termination of your account without refund, and we reserve the right to report violations to appropriate law enforcement authorities.
7Your Content & Data
Ownership
You retain full ownership of all content you upload to RestOrder, including menu items, descriptions, images, business names, and logos ("Your Content").
License to Us
By uploading Your Content, you grant RestOrder a non-exclusive, worldwide, royalty-free licence to store, display, reproduce, and transmit Your Content solely as necessary to provide the Services to you and your customers. This licence ends when you delete the content or terminate your account (subject to data retention periods).
Your Responsibilities
You represent and warrant that:
- You own or have necessary rights to all content you upload
- Your Content does not infringe any third-party intellectual property, privacy, or other rights
- Menu information is accurate, truthful, and compliant with applicable food safety and consumer protection laws
- All prices are inclusive of applicable taxes where required by local law
- You have the necessary licences, permits, and regulatory approvals to operate your food business
Content Moderation
We reserve the right (but have no obligation) to review, refuse, or remove any content that violates these Terms or applicable law, without notice.
8Intellectual Property
RestOrder's IP
The RestOrder platform, brand, software, documentation, and all associated intellectual property are owned by RestOrder or its licensors and protected by copyright, trademark, and other laws. Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to use the platform for your business purposes during the subscription term.
Restrictions
You may not copy, modify, distribute, sell, or lease any part of RestOrder's software or Services, nor reverse-engineer or attempt to extract source code, unless applicable law prohibits this restriction or you have our written permission.
Feedback
If you provide suggestions, feedback, or ideas about the Services ("Feedback"), you grant us an irrevocable, perpetual, royalty-free licence to use that Feedback in any way without obligation or compensation to you.
Trademarks
"RestOrder" and its logo are trademarks of RestOrder. You may not use our trademarks without our prior written consent, except as reasonably necessary to identify your use of the Services (e.g., "Powered by RestOrder").
9Disclaimers & Limitation of Liability
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESTORDER'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO RESTORDER IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.
IN NO EVENT SHALL RESTORDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Specific Exclusions
We are specifically not liable for:
- Losses caused by customer orders based on inaccurate menu data you published
- Allergic reactions or health incidents resulting from food described on your menu
- Chargebacks, payment disputes, or fraud by your customers
- Losses resulting from third-party payment processor failures or errors
- Data loss resulting from your own account actions (deletion, overwriting)
- Revenue loss due to platform downtime or technical errors
- Losses arising from your violation of applicable laws
Indemnification
You agree to indemnify, defend, and hold harmless RestOrder and its officers, employees, and agents from any claims, damages, losses, and expenses (including legal fees) arising from: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.
10Suspension & Termination
Termination by You
You may terminate your account at any time by cancelling your subscription and contacting us to delete your account. Your data will be deleted in accordance with our data retention policy (see Section 11).
Termination or Suspension by Us
We may suspend or terminate your account immediately, without prior notice or refund, if:
- You materially breach these Terms
- We have reasonable grounds to suspect fraud, security risks, or illegal activity
- You fail to pay outstanding fees after repeated notices
- Continued operation of your account creates legal or regulatory risk for RestOrder
- You are in violation of the Acceptable Use Policy
Effect of Termination
Upon termination: (a) your right to access the Services ends immediately; (b) your published menus become inaccessible to customers; (c) outstanding fees remain due; (d) provisions of these Terms that by their nature survive termination shall continue.
Data Retrieval
If your account is terminated by you, you have 30 days to request an export of your content (menu data, analytics). After this period, data may be permanently deleted. We are not obligated to provide data retrieval for accounts terminated for Terms violations.
Reactivation
Accounts suspended for non-payment may be reactivated within 60 days by settling outstanding balances. Accounts terminated for policy violations may not be reactivated at our discretion.
11Data, Privacy & Security
Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Data Processing
In providing the Services, we act as a data processor for information you (the data controller) provide about your customers. You are responsible for having an appropriate legal basis to share such data with us and for maintaining your own privacy notices to your customers.
Security
We implement commercially reasonable technical and organisational security measures, including encrypted connections (TLS), hashed password storage, and access controls. However, no system is perfectly secure. You are responsible for securing access to your account and promptly reporting any suspected security incidents.
Data Portability
You may export your menu data (as CSV) and order history from the admin dashboard at any time. We do not lock your data — it's yours.
Subprocessors
We use third-party subprocessors including cloud hosting, payment processors (Flutterwave, PayPal, ClickPesa), and analytics providers. A current list is available upon request at [email protected].
12Governing Law & Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which RestOrder is registered, without regard to its conflict of law provisions. If you are accessing the Services from a different jurisdiction, you remain responsible for compliance with all local laws.
Informal Resolution First
Before filing any formal legal proceeding, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days. Many disputes can be resolved this way quickly.
Arbitration
If the dispute cannot be resolved informally, it shall be submitted to binding arbitration in accordance with the rules of a recognised arbitration body in the applicable jurisdiction. The arbitrator's decision shall be final and binding. You waive any right to a jury trial for disputes arising from these Terms.
Class Action Waiver
You agree that disputes will be resolved only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class-action lawsuit.
Exceptions
Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm without first undertaking informal resolution or arbitration.
13Changes to These Terms
We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes by:
- Sending an email to your registered address at least 14 days before changes take effect
- Displaying a prominent notice in the admin dashboard
- Updating the "Last updated" date at the top of this page
Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you disagree, you may terminate your account before the changes take effect.
Minor changes (typo fixes, clarifications that don't materially affect your rights) may be made without notice. We encourage you to review these Terms periodically.