Terms of Service

1. Acceptance & Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Restaurant Ordering Cloud Service ("ROCS", "we", "us", or "our") and the commercial entity, merchant, or individual accessing or using our software platform, point-of-sale systems, digital storefronts, kitchen display interfaces, APIs, and administrative dashboards (collectively, the "Service").

By registering an account, integrating hardware, operating a register, publishing a storefront, or accessing any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a restaurant, hospitality group, or other legal entity, you represent and warrant that you possess full legal authority to bind that entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Service.

2. Platform & Services Overview

ROCS is a specialized software-as-a-service (SaaS) provider delivering restaurant technology solutions, including:

• Point of Sale (POS): Counter order entry, modifier selections, table layouts, split payments, and local offline transaction queuing.
• Customer Storefront: Web-based digital menus, table QR code ordering, takeout/pickup workflows, and live order tracking.
• Kitchen Display System (KDS): Real-time ticket board coordination, preparation timers, audio alerts, and recall drawers.
• Business Dashboard: Backoffice reporting, sales analytics, menu engineering, staff PIN administration, and multi-unit entity switching.

3. Regional Scope & Rollout Phases

Commercial deployment of ROCS is governed by our phased regional rollout:

• Phase 1: Commercially licensed food and beverage businesses physically operating and legally incorporated in the State of Washington.
• Phase 2: Commercial restaurant businesses operating across the United States.

Merchants agree not to deploy ROCS outside supported operational territories without express prior written consent.

4. Merchant Accounts, Staff & Security

You are responsible for maintaining the confidentiality of all administrative login credentials, staff employee PINs, and register station access tokens. You are fully responsible for all activities, transactions, refunds, discounts, and order adjustments that occur under your account, whether authorized by you or conducted by your employees or contractors.

You must notify ROCS immediately of any unauthorized account access, credential compromise, or security breach. ROCS shall not be liable for any losses, unauthorized transactions, or cashier till discrepancies resulting from compromised credentials or lost register PINs.

5. Food Safety, Menus & Allergen Disclaimer

Merchants are solely responsible for:

• Accurately describing all menu items, preparation methods, ingredients, and prices on storefronts and POS menus.
• Explicitly disclosing major food allergens (including but not limited to peanuts, tree nuts, dairy, eggs, fish, shellfish, sesame, wheat, and soy) and dietary warnings required by federal, state, and local health authorities.
• Complying with all applicable food safety standards, raw food warnings, alcohol service regulations (including mandatory age verification for alcoholic beverages), and local Department of Health guidelines.
• Properly preparing, storing, packing, and serving food in strict conformity with customer modification requests and special instructions.

ROCS expressly disclaims any and all liability for allergic reactions, foodborne illnesses, physical contamination, personal injury, intoxication, or death arising out of or related to food or beverages sold or prepared by merchants using the Service.

6. Offline Mode & Hardware Disclaimer

ROCS POS incorporates offline-first data caching capabilities utilizing local browser storage (IndexedDB/Dexie) and Service Workers to temporarily queue transactions during local network outages. Merchant expressly acknowledges and agrees that:

• Offline mode depends entirely upon the physical integrity, battery power, browser environment, and operating state of the merchant's local hardware devices.
• Clearing local browser caches, factory resetting devices, or hardware damage prior to successful network reconnection will permanently destroy un-synced offline order queues.
• Menu item availability and real-time inventory counts cannot be validated across stations while offline, creating a potential risk of out-of-stock orders for which merchant is solely responsible.
• ROCS does not manufacture, warrant, or guarantee third-party hardware peripherals, including receipt printers, kitchen display tablets, cash drawers, barcode readers, or network routers.

7. Pricing, Subscriptions & Cancellations

ROCS is provided under recurring subscription tiers (including Starter at $14.99/mo, Pro at $29.99/mo, and Business at $49.99/mo, or custom enterprise agreements).

• Billing Cycle: Subscriptions are billed in advance on a recurring monthly or annual basis, charged automatically to your designated payment method.
• No Refunds: All SaaS subscription fees are strictly non-refundable once billed, except where explicitly required by applicable law.
• Cancellation: Merchants may cancel subscriptions at any time via the Business Dashboard. Cancellation takes effect at the end of the current paid billing cycle.
• Price Adjustments: We reserve the right to modify subscription pricing upon thirty (30) days advance notice to merchants.

8. Payments, Chargebacks & Tax Compliance

Payment processing for customer orders is facilitated through third-party payment gateways (e.g., Stripe) and certified hardware card reader adapters:

• Chargebacks & Disputes: Merchant assumes 100% financial and legal liability for all customer chargebacks, payment disputes, unauthorized transactions, and card-not-present fraud fees.
• Tax Obligations: Merchant is solely responsible for determining, configuring, calculating, collecting, reporting, and remitting all applicable federal, state, county, and municipal sales taxes, meal taxes, excise fees, and delivery surcharges. ROCS is not a tax advisor or tax collection agent.
• Tip & Gratuity Compliance: Merchant is solely responsible for compliance with all federal and state labor laws (including FLSA and tip credit regulations) regarding tip collection, pooling, and employee distribution.

9. Customer & Diner Ordering Relationship

When a customer or diner places an order through a ROCS storefront or table QR code, the resulting commercial contract of sale is exclusively between the customer and the merchant. ROCS is not a party to this transaction.

Merchant is solely responsible for honoring customer orders, communicating delays, fulfilling pickup/takeout requests, managing order refunds, resolving guest complaints, and setting customer cancellation policies.

10. Intellectual Property & Data License

All platform interfaces, software source code, algorithms, visual designs, patents, trademarks, and documentation associated with ROCS are and shall remain the exclusive intellectual property of ROCS and its licensors.

You retain full ownership of all restaurant menus, logos, photographs, and trade names uploaded to your storefront instance. You grant ROCS a worldwide, non-exclusive, royalty-free license to host, display, and process your content solely for the purpose of operating and delivering the Service.

11. Acceptable Use & Conduct

You agree not to engage in any of the following prohibited activities:

• Processing fraudulent payment cards, laundering funds, or executing deceptive transactions.
• Reverse engineering, decompiling, or disassembling any portion of the ROCS codebase or APIs.
• Deploying web scrapers, crawlers, or automated bots against storefronts or APIs without authorization.
• Interfering with system integrity, launching denial-of-service attacks, or introducing malicious code.
• Using the platform to market illicit, illegal, or age-restricted goods in violation of state laws.

12. Warranty Disclaimers

THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Restaurant Ordering Cloud Service AND ITS AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) STOREFRONT TICKETS OR KITCHEN ORDERS WILL TRANSMIT WITHOUT NETWORK DELAY; (D) DATA STORED LOCALLY IN OFFLINE CACHES WILL BE IMMUNE FROM HARDWARE FAILURE; OR (E) THE PLATFORM WILL GENERATE ANY MINIMUM LEVEL OF REVENUE OR CUSTOMER TRAFFIC FOR YOUR BUSINESS.

13. Strict Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROCS, ITS PARENT COMPANIES, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF RESTAURANT PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF GOODWILL, SPOILED FOOD OR INVENTORY, PHYSICAL CASHIER SHORTAGES, REPUTATIONAL DAMAGE, OR LOSS OF CUSTOMER ORDER DATA, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to defend, indemnify, and hold harmless ROCS, its affiliates, officers, directors, employees, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• Food safety, allergic reactions, illness, burns, or physical injury caused by food or beverages prepared or sold by your business.
• Your breach of any provision of these Terms or applicable federal, state, or municipal laws.
• Disputes between you and any customer, diner, or third-party delivery provider.
• Your failure to accurately calculate, collect, report, or remit required sales taxes, meal taxes, or employee tips.
• Any employment, wage, or labor dispute involving your restaurant staff or contractors.

15. Binding Arbitration & Class Action Waiver

Mandatory Individual Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration shall take place exclusively in King County, Washington, and shall be governed by the laws of the State of Washington, without regard to conflict of law principles.

16. Termination & Survival

We reserve the right to suspend or terminate your account immediately, without prior notice or liability, if we determine that you have violated these Terms, engaged in fraudulent activities, or created potential security or legal exposure for ROCS.

Upon termination, your right to access the Service ceases immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.