Terms of Use

1. RestoHub Service Overview & Role of Independent Restaurants

1.1 Platform Technology Provider. RestoHub Inc. (“RestoHub,” “we,” “our,” or “us”) provides cloud software-as-a-service technology enabling independent U.S. restaurants and hospitality merchants (“Merchants” or “Restaurants”) to operate branded online ordering websites (*.restohub.us and custom domains), counter Point-of-Sale (“POS”) registers, Kitchen Display Systems (“KDS”), and delivery dispatch consoles (collectively, the “Service”).

1.2 Merchant Restaurant Is the Seller of Record. When you browse a menu or place a food or beverage order (“Order”) on a Restaurant storefront powered by RestoHub: (a) you are purchasing directly from that independent Merchant Restaurant, which is the legal Seller of Record for all food, beverages, and fulfillment; (b) RestoHub acts solely as a software and payment technology provider and does not prepare, cook, package, inspect, price, set tax rates for, or warrant the safety or allergen status of any food or beverage item; and (c) Merchant Restaurant SaaS subscriptions are governed by our Master Services Agreement and U.S. Data Processing Addendum.

1.3 Food Allergens, FDA Consumer Advisory & Alcohol (21+).

• Major-9 Food Allergens (FALCPA & FASTER Act): Merchant Restaurants prepare food in commercial kitchens where the nine major U.S. food allergens—milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame—may be handled on shared equipment. Cross-contact cannot be eliminated by software notes alone. If anyone in your party has a food allergy, contact the Merchant Restaurant directly by phone before ordering.
• FDA Raw/Undercooked Advisory: Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
• Alcoholic Beverages (21+): Where a licensed Restaurant offers alcohol, you must be 21+ and present a valid, unexpired government-issued photo ID at pickup or delivery. Staff and drivers must refuse service if valid ID is unavailable or if the recipient appears intoxicated.

2. Eligibility (18+ Requirement & COPPA Compliance)

You must be at least eighteen (18) years of age (or the age of legal majority in your state) to create an account, place an Order, or use the Service. By using the Service, you represent that you are 18+, have not been suspended from the Service, and comply with all applicable U.S. laws. Pursuant to the Children's Online Privacy Protection Act (15 U.S.C. § 6501), the Service is not directed to children under 13 (or under 16), and we do not knowingly collect personal information from children.

3. Accounts and Registration

You may check out as a guest on participating storefronts or register an account. You agree to provide accurate, current contact and delivery information and to safeguard your login credentials and one-time verification codes (OTPs). Notify us immediately at contact@restohub.us if you suspect unauthorized account use.

4. Upfront Fee Transparency, Payments, Tips & Refunds

4.1 Honest Pricing (FTC Fee Rule & California SB 478). All item prices, applicable local/state sales taxes, delivery fees (when delivery is selected), and the flat $0.15 Online Service Fee on online Orders are itemized clearly at checkout before you authorize payment.

4.2 Payment Authorization & Stripe PCI-DSS Processing. Card and digital wallet payments (Visa, Mastercard, Amex, Discover, Apple Pay, Google Pay) are processed in U.S. dollars via Stripe, Inc. directly for the Merchant Restaurant's connected account. You authorize RestoHub, the Merchant Restaurant, and Stripe to charge your selected payment method for the displayed checkout total, including pre-authorization checks.

4.3 100% Staff & Driver Tips (FLSA Protection). Tips are voluntary and customizable (including $0.00). 100% of every tip goes to the Merchant Restaurant for its staff or assigned delivery drivers in compliance with 29 U.S.C. § 203(m) and state tip-protection laws; RestoHub retains $0.00 of tips.

4.4 Cancellations & Refunds. Because kitchens begin preparing perishable food immediately upon KDS receipt, Orders are non-refundable once preparation begins except where required by law or approved by the Merchant Restaurant for missing, incorrect, or undelivered items. Contact the Restaurant on your receipt or contact@restohub.us.

5. Electronic Signatures (E-SIGN) & SMS/Email Communications (TCPA & CAN-SPAM)

5.1 E-SIGN Consent (15 U.S.C. § 7001). You consent to receive agreements, receipts, tax forms, and legal notices electronically and agree that electronic clicks and checkboxes carry the same legal effect as handwritten signatures.

5.2 Transactional Order Texts/Calls (TCPA). By providing your phone number at checkout, signup, or dispatch, you consent to receive transactional, non-marketing calls or SMS texts solely regarding your Order, delivery arrival, or login OTPs. Msg & data rates may apply. Reply STOP to opt out or HELP for help.

5.3 Unbundled Marketing Opt-In. Promotional texts or emails are sent only if you separately opt in. Marketing consent is never required as a condition of purchasing any food or service.

6–9. Limited License, Ownership, Third-Party Infrastructure & User Content

RestoHub grants you a limited, revocable, non-exclusive, non-transferable license to use the Service in compliance with these Terms. You may not reverse engineer, scrape, bypass multi-tenant security controls, or use the Service to train external AI models. Platform software and Materials belong to RestoHub Inc.; restaurant logos and menus belong to the respective Merchant. Voluntary product Feedback may be used by RestoHub without restriction. Payment processing (Stripe), mapping/geocoding (Google Maps Platform, subject to Google Maps Terms), edge security (Cloudflare), and cloud database hosting (Supabase) are provided by vetted third-party subprocessors. You grant RestoHub a limited license to host and transmit any User Content (such as order notes or Merchant menus) needed to fulfill Services.

10. Digital Millennium Copyright Act (DMCA) Policy (17 U.S.C. § 512)

If you believe content hosted on the Service infringes your copyright, send a written notice meeting all requirements of 17 U.S.C. § 512(c)(3) (signature, work identified, exact URL, contact info, good-faith statement, and statement under penalty of perjury of authority) to our Designated Copyright Agent:

11–14. Prohibited Conduct, Modifications, Termination & Indemnity

You agree not to engage in unlawful activity, payment card testing/fraud, harassment of restaurant staff or couriers, security probing, fictitious prank orders, or operating a vehicle while interacting with dispatch screens in violation of FMCSA or state hands-free driving laws. We may modify these Terms prospectively (updating the date above and providing account notice for material changes) or suspend access for violations. To the fullest extent permitted by law, you agree to defend and indemnify the RestoHub Entities from third-party claims arising out of your misuse of the Service or breach of these Terms.

15–16. Disclaimers (“AS IS”) & Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND RESTHUB DOES NOT WARRANT INDEPENDENT RESTAURANT FOOD PREPARATION OR ALLERGEN ABSENCE; (B) THE RESTHUB ENTITIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; AND (C) RESTHUB'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS IS LIMITED TO THE GREATER OF THE AMOUNTS PAID BY YOU TO RESTHUB IN THE PRIOR 12 MONTHS OR US $100.00.

17. Dispute Resolution and Binding Individual Arbitration (JAMS)

17.1 Individual Arbitration & Class Waiver. Except for qualifying individual small-claims court actions, agency enforcement requests, or IP injunctive relief, every dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration under the Federal Arbitration Act (9 U.S.C. §§ 1–16) administered by JAMS under its Streamlined / Consumer Arbitration Minimum Standards (jamsadr.com). YOU AND RESTHUB EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

17.2 Informal 30-Day Resolution. Before filing arbitration, the claiming party must send a written Notice of Dispute (to RestoHub Inc., 1309 Coffeen Ave STE 1200, Sheridan, WY 82801 and contact@restohub.us) allowing 30 days for good-faith informal resolution.

17.3 30-Day Right to Opt Out. You may opt out of this arbitration clause within thirty (30) days after first accepting these Terms by emailing contact@restohub.us (Subject: Arbitration Opt-Out) or mailing our Sheridan, WY address with your full name, account/order email or phone, and a clear statement opting out of arbitration.

18. Governing Law, California § 1789.3 Notice & Contact

Governing Law: Laws of the State of Wyoming (and the FAA for Section 17), while preserving non-waivable statutory consumer protections of your state of residence where mandated by law.

Notice to California Residents (Cal. Civ. Code § 1789.3): California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contact RestoHub Inc.: 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801 · contact@restohub.us · +1 (202) 455-4088.