Terms of Service

By creating an account, submitting a signup form, or otherwise using OrderXO's platform or services, you agree to these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you ("Merchant", "you", or "your") and OrderXO ("we", "us", or "our").

If you are using OrderXO on behalf of a business, you represent that you have the authority to bind that business to these Terms.

OrderXO provides a software-as-a-service (SaaS) platform that enables restaurants, food businesses, and retail shops to:

• Create and manage a branded online ordering website
• Accept online orders with transparent platform fees
• Run customer loyalty and rewards programs
• Send email marketing campaigns to their customers
• Access sales analytics and customer data

OrderXO acts as a technology platform only. We are not a party to transactions between you and your customers. You are solely responsible for fulfilling orders, setting prices, and complying with applicable food service laws and regulations.

To use OrderXO, you must complete our onboarding form and create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You must be at least 18 years old to use OrderXO. By using our platform, you represent that you meet this requirement.

You may not share your account credentials with others or transfer your account to another party without our prior written consent.

OrderXO charges a flat monthly subscription fee based on your selected plan as displayed on the current pricing page. Fees are billed in advance on a monthly basis.

Platform fee: OrderXO charges 1% of the food subtotal after discounts on eligible direct online orders, excluding taxes, tips, and online service fees. Payment processing fees from your payment provider (e.g. Stripe) are separate from the platform fee and monthly subscription.

Free setup: Initial store setup is provided at no additional charge for all plans.

Late payments: If payment fails, we will attempt to charge your payment method again. After 7 days of non-payment, your account may be suspended. After 30 days, it may be terminated and your data deleted.

Refunds: Subscription fees are non-refundable except as required by law. If you cancel mid-month, you will retain access until the end of the billing period.

We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.

You retain ownership of all content you upload to OrderXO, including logos, menu images, product descriptions, and customer data ("Your Content"). By uploading content, you grant OrderXO a limited, non-exclusive license to host, display, and use Your Content solely to provide and improve our services.

You represent and warrant that:

• You own or have the rights to all content you upload
• Your content does not infringe any third-party intellectual property rights
• Your content complies with all applicable laws
• Your content does not contain viruses, malware, or malicious code

OrderXO reserves the right to remove any content that violates these Terms or that we determine, in our sole discretion, is harmful or inappropriate.

You agree not to use OrderXO to:

• Violate any applicable law or regulation
• Sell illegal products or services
• Engage in fraud, deception, or misleading practices
• Infringe the intellectual property rights of others
• Transmit spam, malware, or malicious content
• Attempt to gain unauthorized access to our systems
• Reverse engineer, copy, or create derivative works of our platform
• Use our platform in a way that disrupts or harms other users
• Resell or sublicense OrderXO without our written permission

Violation of these prohibitions may result in immediate termination of your account without refund.

OrderXO and its licensors own all rights, title, and interest in the OrderXOplatform, including all software, designs, trademarks, and content created by us. Nothing in these Terms transfers any ownership rights in OrderXO's intellectual property to you.

Subject to your compliance with these Terms and payment of applicable fees, OrderXOgrants you a limited, non-exclusive, non-transferable license to access and use the platform for your internal business purposes.

OrderXO integrates with third-party services including payment processors, file storage providers, and email delivery services. Your use of these services is subject to their own terms and privacy policies. OrderXO is not responsible for the practices of third-party providers.

Third-party links on our platform do not constitute endorsement. OrderXO is not responsible for the content or availability of third-party websites.

The OrderXO platform is provided "as is" and "as available" without warranties of any kind, either express or implied.

We do not warrant that the platform will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that any specific results will be achieved from using our platform.

OrderXO is not responsible for the quality, safety, legality, or availability of the products or services you sell through our platform. You are solely responsible for your business operations and compliance with applicable laws, including food safety regulations, sales tax collection, and licensing requirements.

To the maximum extent permitted by law, OrderXO shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

This includes, without limitation, lost profits, lost revenue, lost data, or business interruption, even if OrderXO has been advised of the possibility of such damages.

In no event shall OrderXO's total liability to you for all claims exceed the greater of (a) the amount you paid to OrderXO in the 12 months prior to the claim, or (b) $100.

Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages, so the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless OrderXO and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to:

• Your use of the OrderXO platform
• Your Content or your business operations
• Your violation of these Terms
• Your violation of any third-party rights
• Any claim by your customers related to products or services you sell

By you: You may cancel your account at any time from your dashboard or by emailing hello@orderxo.com. Cancellation takes effect at the end of your current billing period.

By us: We may suspend or terminate your account at any time if you violate these Terms, fail to pay fees, or for any other reason with 30 days' notice (or immediately for serious violations).

Upon termination, your access to the platform will end. We will provide you 30 days to export your data before it is deleted. Sections on intellectual property, disclaimers, limitation of liability, and indemnification survive termination.

These Terms are governed by the laws of the State of Washington, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of OrderXO shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Bainbridge Island, Washington, under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

We may update these Terms at any time. When we do, we will update the "Last updated" date and notify you by email or via a notice on our platform at least 14 days before the changes take effect for material changes.

Your continued use of OrderXO after the effective date of updated Terms constitutes your acceptance of the changes.

Questions about these Terms? Contact us: