Terms of Service

1. Agreement to these Terms

These Terms apply to every user of the Service. Additional terms may apply to specific features — for example a signed order form or enterprise agreement, a regulated-vertical compliance agreement you sign in the dashboard, or the policies incorporated in the section titled "Role of OrderVora; incorporated policies". Where a signed written agreement between you and OrderVora conflicts with these Terms, that agreement controls for the conflicting subject matter.

If you accept these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

2. Eligibility and authority

You must be at least 18 years old, or the age of majority in your jurisdiction if higher, and able to form a binding contract, to create a Merchant account. Customers must be old enough to form a binding contract to place an order, and must meet any higher minimum age that applies to the products in that order.

You may not use the Service if you are barred from doing so under applicable law, including applicable US sanctions and export-control laws.

3. Definitions

• "Merchant" means a business that uses OrderVora to operate a storefront, publish a catalogue, and accept orders — including restaurants, coffee shops, delis, bakeries, pizzerias, food trucks, convenience stores, grocers, retail shops, vape and smoke shops, and other business types the Service supports.
• "Customer" means a person who places or attempts to place an order through a storefront powered by OrderVora, whether using a registered customer account or guest checkout.
• "Storefront" means the ordering site, catalogue, and checkout experience a Merchant publishes using the Service.
• "Merchant Content" means anything a Merchant or its personnel submit, upload, generate, or publish through the Service — including product names, descriptions, prices, categories, allergen and ingredient information, photographs, logos, menus and other files uploaded for processing, and business information.
• "Payment Provider" means a payment gateway, processor, acquirer, or merchant-services provider used to process a transaction — including one a Merchant connects to its own storefront as described under "Payments for orders".
• "Generated Content" means output produced or assisted by artificial-intelligence features of the Service, as described in the AI & Generated Content Policy.
• "Subscription" means a paid OrderVora plan a Merchant purchases from OrderVora for access to the Service.

4. Description of OrderVora

OrderVora is a software-as-a-service platform that gives a Merchant the tools to run its own ordering channel. Depending on the plan and configuration, the Service may include a published storefront and custom domain, catalogue and menu management, online ordering and checkout, a kitchen or counter display, order and fulfillment management, pickup and Merchant-operated delivery configuration, customer accounts and guest ordering, loyalty and coupons, reviews and reservations, email, SMS and push notifications, analytics and reporting, AI-assisted menu import and content generation, and an AI assistant.

Features vary by plan, business type, and configuration. Some features are optional, must be enabled by the Merchant, or depend on the Merchant supplying its own third-party credentials.

5. Role of OrderVora; incorporated policies

OrderVora provides technology. Except where these Terms expressly say otherwise, OrderVora is not the seller of the products or services offered through a Storefront, does not prepare, handle, package, store, or transport any product, does not set prices or tax treatment, and is not a party to the sale between a Customer and a Merchant.

For a Merchant's own purchase of a Subscription, the position is different and OrderVora is the seller. See "Subscriptions" and "Recurring billing".

The following policies are part of these Terms and are incorporated by reference: the Privacy Policy, the Refund & Cancellation Policy, the AI & Generated Content Policy, and the Merchant Responsibilities & Acceptable Use Policy.

6. The Merchant–Customer relationship

An order placed through a Storefront is a transaction between the Customer and that Merchant. The Merchant is the seller and, for order transactions, the merchant of record.

To the maximum extent permitted by applicable law, the applicable Merchant — and not OrderVora — is responsible for the products and services it offers, including:

• product and menu descriptions, and the accuracy of everything published about a product
• food, beverages, and other goods, and their preparation, handling, storage, and packaging
• ingredients, recipes, allergen information, nutritional claims, and cross-contact risk
• food safety, sanitation, and product quality
• prices, fees, surcharges, gratuities, discounts, and promotional terms
• availability, stock accuracy, hours, and order capacity
• the calculation, collection, reporting, and remittance of sales and other taxes
• licences, permits, registrations, and regulatory compliance
• order acceptance, preparation, fulfillment, pickup, and Merchant-operated delivery
• customer service, order issues, and communications about an order
• refund, cancellation, and adjustment decisions for orders (see the Refund & Cancellation Policy)
• every disclosure, notice, warning, or label the law requires for its products or its business

7. Merchant accounts

A Merchant must provide accurate, current, and complete information when creating an account and must keep it accurate. A Merchant is responsible for all activity under its account and for the acts and omissions of its owners, managers, staff, and anyone else it grants access.

A Merchant is responsible for managing staff access appropriately, including removing access promptly when someone leaves the business, and for the actions those users take in the Service.

8. Account security

You must keep your credentials confidential and must not share them. You must notify us promptly at hello@ordervora.com if you suspect unauthorised access to your account.

Certain sensitive actions — such as connecting or changing a Payment Provider — require additional verification. You must not attempt to circumvent those controls. To the maximum extent permitted by applicable law, OrderVora is not responsible for losses arising from your failure to protect your credentials or from access granted by you or your personnel.

9. Merchant storefronts

A Merchant controls its Storefront: its catalogue, prices, content, hours, fulfillment settings, theme, and (where the plan includes it) custom domain. The Merchant is responsible for what its Storefront says and sells.

OrderVora may display reasonable platform attribution on a Storefront except where the Merchant's plan removes it. OrderVora does not guarantee that a Storefront will be available at all times, indexed by any search engine, or ranked in any particular way. See "Service availability" and "No guarantee of business results".

10. Orders

When a Customer submits an order, the Service transmits it to the Merchant. A Merchant may accept, decline, modify, or cancel an order in accordance with its own policies and applicable law — for example where an item is unavailable, the order cannot be fulfilled, the store is closed, or the order appears fraudulent.

OrderVora does not guarantee that an order will be accepted, prepared correctly, fulfilled, or delivered, and does not guarantee any preparation, pickup, or delivery time. Times shown in the Service are estimates generated from Merchant settings and are not promises by OrderVora or, unless the Merchant says so, by the Merchant.

11. Pricing and availability

All prices, fees, taxes, surcharges, delivery charges, minimums, and discounts shown on a Storefront are set and controlled by the Merchant. Item availability and stock levels are maintained by the Merchant.

Errors happen. A Merchant may correct a pricing or availability error and may cancel an affected order in accordance with applicable law. OrderVora does not set, review, verify, or approve Merchant prices.

12. Taxes

Each Merchant is solely responsible for determining whether its sales are taxable, for configuring correct tax settings in the Service, and for collecting, reporting, and remitting all applicable sales, use, excise, and other taxes on its transactions. Tax fields and calculations in the Service are tools that apply the Merchant's own configuration; they are not tax advice and are not a determination of the Merchant's tax obligations.

OrderVora is responsible for taxes on the Subscription fees a Merchant pays to OrderVora, and Subscription fees are exclusive of any applicable sales or similar taxes unless stated otherwise.

13. Payments for orders

For orders placed through a Storefront, payment is processed through a Payment Provider that the Merchant connects to its own account, using credentials the Merchant obtains directly from that provider. Card and wallet details are collected and tokenised by the Payment Provider; OrderVora does not receive or store full payment card numbers.

Because the Merchant's own Payment Provider account is used, order funds are authorised, captured, and settled to the Merchant. OrderVora does not take custody of order funds, does not hold or settle them, and is not the merchant of record for an order. Where a Storefront offers cash or other in-person payment, that transaction happens entirely between the Customer and the Merchant.

A Merchant must comply with the terms of its Payment Provider, its merchant agreement, its acquiring bank's requirements, and applicable card-network rules, including PCI DSS requirements that apply to it.

14. Third-party payment providers

Payment Providers, acquiring banks, card networks, and a Customer's own financial institution are independent third parties. They act on their own terms and make their own decisions. Depending on the provider and the integration, a third party may, among other things:

• approve, decline, or flag a transaction
• require additional verification or authentication of a Customer, including 3-D Secure or similar challenges
• delay settlement, hold funds, or impose a reserve
• reverse, refund, or void a transaction
• investigate suspected fraud or a rules violation
• limit, suspend, or close a Merchant's account or terminate its merchant agreement
• change its pricing, policies, APIs, supported features, or availability

15. Chargebacks and payment disputes

A chargeback or payment dispute on an order is handled by the Merchant with its Payment Provider, acquiring bank, and the relevant card network, under those parties' rules and timelines. The Merchant bears the financial responsibility for chargebacks, reversals, and related fees on its own transactions.

OrderVora is not a party to an order-payment dispute and cannot decide, reverse, or override one. Where the Service holds records relevant to a dispute, OrderVora may make reasonable data available to the Merchant.

Disputes about OrderVora Subscription charges should be raised with us first at hello@ordervora.com so we can try to resolve them directly.

16. Refunds

Refunds are addressed in the Refund & Cancellation Policy, which is part of these Terms. In summary: order refunds are decided by the Merchant, whose Payment Provider actually returns the funds; OrderVora provides the tooling that lets a Merchant issue a refund through its own provider and does not decide, guarantee, or fund an order refund. Subscription fees paid to OrderVora are addressed separately in that Policy.

17. Subscriptions

Access to paid features requires an active Subscription on the plan a Merchant selects. Plans, prices, included capacity, feature entitlements, and usage allowances (including allowances for AI menu imports and AI-generated images) are those presented at purchase and in the Merchant's account. OrderVora may enforce plan limits and entitlements.

Where a free trial is offered, its length and terms are those presented at sign-up. Unless stated otherwise at the time, a trial does not entitle a Merchant to a refund of any fee and may be changed or withdrawn for future sign-ups.

For a Subscription, OrderVora is the seller and charges the Merchant through OrderVora's own payment processor. This is separate from the Merchant's own Payment Provider used for its orders.

18. Recurring billing

Subscriptions are billed in advance on a recurring basis — monthly or annually, as selected — and renew automatically at the then-current price for successive periods until cancelled. By purchasing a Subscription, you authorise OrderVora and its payment processor to charge your payment method on each renewal date until you cancel.

You are responsible for keeping a valid payment method on file. If a charge fails, OrderVora and its processor may retry it, and OrderVora may suspend or downgrade paid features, or terminate the Subscription, if it remains unpaid. Unpaid amounts remain owed to the extent permitted by applicable law.

19. Cancellation of a Subscription

A Merchant may cancel a Subscription at any time from the billing area of its account, using the same self-service route by which it subscribed. Cancelling stops future renewals. It does not, by itself, retroactively refund amounts already charged — see the Refund & Cancellation Policy.

OrderVora will not make cancellation harder than sign-up, and does not use pre-checked consents or other design intended to obstruct cancellation.

20. Changes to plans and prices

OrderVora may change plans, packaging, features, usage allowances, and prices. For a change that increases the recurring price of an existing Subscription or materially reduces its features, OrderVora will give reasonable advance notice by email or in the Service, and the change will take effect at the start of a following billing period. If you do not accept the change, you may cancel before it takes effect.

OrderVora may also add, change, deprecate, or remove features over time. Nothing in these Terms obliges OrderVora to maintain any particular feature indefinitely.

21. Merchant Content

A Merchant is responsible for its Merchant Content and represents that it has all rights necessary to submit and publish it, that the content is accurate and not misleading, and that publishing it does not infringe any third party's rights or violate any law.

OrderVora does not review, verify, or approve Merchant Content before it is published. OrderVora may remove or disable content that it reasonably believes violates these Terms, the Merchant Responsibilities & Acceptable Use Policy, or applicable law, or that creates risk to the Service or its users.

22. Intellectual property

OrderVora and its licensors own the Service, including its software, design, models, prompts, templates, themes, documentation, trademarks, and all related intellectual property. These Terms grant no rights in them except the limited right to use the Service as permitted here.

A Merchant retains ownership of its Merchant Content, subject to the licence in "Licence granted to OrderVora" and to the limits on Generated Content described in the AI & Generated Content Policy. A Customer retains ownership of content it submits, such as a review.

You may not use OrderVora's name, logo, or brand without our prior written permission, except to state factually that your storefront is powered by OrderVora.

23. Licence granted to OrderVora

You grant OrderVora a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, reproduce, adapt, reformat, transmit, publish, and display your content solely as needed to operate, secure, support, and improve the Service and to provide it to you — including displaying a Storefront to Customers, transmitting an order to a Merchant, sending notifications you request, and processing material you submit to an AI feature.

This licence includes the right to use the subprocessors described in the Privacy Policy, and lasts as long as needed for those purposes. It does not transfer ownership.

24. AI-generated content

The Service includes AI-powered features. Their use is governed by the AI & Generated Content Policy, which is part of these Terms.

AI output is probabilistic. It may be inaccurate, incomplete, or invented, and it may misclassify or misdescribe a product. OrderVora does not warrant the accuracy, completeness, or fitness of any Generated Content. A Merchant is responsible for reviewing Generated Content before publishing it and for everything it publishes, whether or not AI assisted in producing it.

Generated Content must not be relied on for allergen, ingredient, nutritional, health, food-safety, legal, tax, regulatory, age-verification, or other high-risk determinations.

25. AI-generated product images

Detail is in the AI & Generated Content Policy. A Merchant should not publish a generated image it has not reviewed, and should not use one where an accurate depiction of the actual item is legally required or materially matters to a Customer's decision.

26. Menu extraction and import

The Service can extract catalogue data from material a Merchant supplies — such as a photographed or uploaded menu, a PDF, or a website — using AI and automated processing. Extraction is best-effort. It may misread prices, omit or duplicate items, mis-group categories, garble descriptions, or infer information that is not actually present.

A Merchant must review and correct imported data before publishing it, and is responsible for the accuracy of its published catalogue and prices. A Merchant must have the right to submit the material it uploads for processing.

27. Third-party services

The Service integrates third-party services, and some features depend on them — including cloud hosting and databases, object storage, payment providers, email delivery, SMS delivery, push notification services, AI and machine-learning providers, mapping, geocoding and place-lookup providers, domain and TLS providers, and error-monitoring and analytics providers.

These are independent services governed by their own terms and privacy practices. To the maximum extent permitted by applicable law, OrderVora is not responsible for a third party's outage, latency, defect, policy change, API change, price change, account suspension, discontinuation of service, or other independent decision, or for any consequence to your business. Where a Merchant connects its own third-party account, that relationship is between the Merchant and that provider.

28. Delivery

Where a Merchant offers delivery using its own staff or contracted drivers, that delivery is operated by the Merchant. The Merchant is responsible for the delivery, for its drivers and their conduct, insurance, licensing, and employment status, for delivery areas, fees, and times, and for the safe transport and handover of the order. OrderVora provides software for configuring and dispatching Merchant-operated delivery; it does not perform delivery and does not employ or engage drivers.

Where the Service supports handing an order to a third-party delivery provider, that provider is an independent service subject to its own terms, and its availability depends on the Merchant's own account and configuration with that provider.

To the maximum extent permitted by applicable law, OrderVora does not guarantee driver availability, an exact or estimated delivery time, driver conduct, successful delivery, or the availability of any third-party delivery service.

29. Maps and location services

Address entry, address suggestion, geocoding, distance and delivery-area calculations, and map display use third-party mapping and location providers. Their data may be inaccurate, incomplete, or out of date, and a calculated distance, zone, or estimate may be wrong.

A Merchant must confirm that its delivery areas and pricing are correct for its business. A Customer is responsible for the accuracy of the address it provides. To the maximum extent permitted by applicable law, OrderVora is not liable for errors originating from a mapping or location provider.

30. Email, SMS, and push communications

OrderVora sends transactional messages needed to operate the Service and an account — verification, password reset, order confirmations and status updates, receipts, security and billing notices. These are part of the Service.

Marketing and promotional messages are sent only where the recipient has given the applicable consent. A Merchant that sends marketing through the Service is the sender for legal purposes and is solely responsible for having a valid legal basis and consent, for honouring opt-outs promptly, and for complying with applicable law, including the TCPA, CAN-SPAM, state telemarketing and messaging laws, and carrier and provider requirements. A Merchant must not use the Service to send messages to people who have not consented, or to import contacts obtained without consent.

Message and data rates may apply to SMS. Recipients can opt out of marketing messages using the mechanism in the message, and OrderVora suppresses further marketing to an address or number that has opted out. Delivery of any message depends on carriers and providers and is not guaranteed.

31. Acceptable use

Your use of the Service must comply with these Terms, the Merchant Responsibilities & Acceptable Use Policy, and applicable law. That Policy sets out in detail what a Merchant is responsible for and what is prohibited; it is part of these Terms.

32. Prohibited activities

You must not, and must not permit anyone to:

• use the Service for fraud, deception, money laundering, or any unlawful purpose
• sell or offer any product or service you are not legally permitted to sell, or that applicable law prohibits
• access, or attempt to access, any account, data, store, or part of the Service that is not yours
• probe, scan, or test the vulnerability of the Service, or breach or circumvent any security, authentication, rate-limiting, entitlement, or verification control
• upload or transmit malware, or anything designed to disrupt, damage, or gain unauthorised access to any system or data
• interfere with or disrupt the Service, or impose an unreasonable load on it, including by denial-of-service or similar activity
• scrape, crawl, harvest, or bulk-extract data from the Service except as expressly permitted
• use another person's credentials, share credentials, or engage in credential stuffing or account takeover
• impersonate any person or business, or misrepresent your affiliation with one
• infringe or misappropriate any intellectual-property, publicity, or privacy right
• publish content that is deceptive, misleading, unlawful, defamatory, harassing, hateful, or sexually exploitative
• misuse Customer information, including using it for a purpose the Customer did not agree to, or disclosing it without a lawful basis
• reverse engineer, decompile, or attempt to derive the source code or models of the Service except to the extent applicable law prohibits that restriction
• resell, sublicense, or make the Service available to a third party except as expressly permitted

33. Merchant legal compliance

A Merchant is solely responsible for operating its business lawfully. That includes business registration and good standing; licences and permits; health, food-safety, and sanitation requirements and inspections; labelling, disclosure, menu-labelling, and pricing laws; consumer-protection and advertising law; accessibility obligations that apply to its own storefront content; employment law for its personnel; tax obligations; privacy and marketing law for the personal information it handles; and any rules specific to its products, industry, or locality.

OrderVora does not provide legal, tax, accounting, food-safety, insurance, or regulatory advice. Nothing in the Service, and no feature OrderVora makes available, is a determination that a Merchant's business, product, content, or practice is lawful or compliant.

34. Food safety and allergens

Each Merchant is responsible for providing accurate ingredient and allergen information, for keeping it current as recipes and suppliers change, for handling allergen enquiries, and for complying with applicable food-safety and food-labelling laws. A Merchant that cannot safely accommodate a request should say so rather than accept the order.

Nothing in this Section, and nothing elsewhere in these Terms, is intended to disclaim or limit liability that cannot be disclaimed or limited under applicable law, including liability for death or personal injury to the extent applicable law prohibits its exclusion.

35. Regulated and age-restricted products

The Service supports business types that may sell age-restricted or otherwise regulated products, including tobacco, nicotine, and vaping products. Where OrderVora makes such functionality available, it is software functionality only. It is not legal approval, certification, or advice that a Merchant may lawfully offer, sell, ship, or deliver any product.

A Merchant offering regulated or age-restricted products is solely responsible for determining whether it may lawfully do so and for compliance with all applicable federal, state, and local law, including:

• minimum-age requirements and age-verification obligations
• licences, permits, and registrations, and keeping them current
• product restrictions, including flavour, ingredient, packaging, and product-type bans
• required warnings, labelling, and point-of-sale disclosures
• restrictions on shipping, mail order, remote sale, and delivery, including the PACT Act and state analogues where applicable
• identity and age verification at purchase and at handover, including checking photo identification where required
• excise, tobacco, and other product-specific taxes, stamping, and reporting
• advertising and marketing restrictions for the product category

36. Service availability

OrderVora aims to keep the Service available and reliable, but the Service is provided on an as-available basis. Unless a separate written agreement provides a service-level commitment, OrderVora does not commit to any level of uptime, availability, latency, or support response.

Availability also depends on things outside OrderVora's control, including a Merchant's own configuration and third-party credentials, network conditions, the Customer's device, and the third-party services described under "Third-party services".

37. Maintenance and outages

OrderVora may perform maintenance, deploy changes, and take parts of the Service offline. We aim to schedule disruptive maintenance sensibly and to give notice of planned downtime where practicable, but emergency maintenance and security work may be immediate and without notice.

To the maximum extent permitted by applicable law, OrderVora is not liable for orders, revenue, or opportunities lost during an outage, maintenance window, or degradation of the Service. Merchants should keep an alternative way to take orders for such periods.

38. Beta and experimental features

OrderVora may offer features identified as beta, preview, experimental, early access, or similar. These are provided as-is and as-available for evaluation, may be incomplete or unstable, may change or be withdrawn at any time, may not be supported, and are excluded from any service-level or support commitment to the maximum extent permitted by applicable law.

AI features are subject to the AI & Generated Content Policy whether or not they are labelled beta.

39. No guarantee of business results

OrderVora provides tools. It does not guarantee any business outcome. Without limiting that:

• OrderVora does not guarantee increased revenue, orders, average order value, margin, or profitability
• OrderVora does not guarantee customer acquisition, retention, or growth
• OrderVora does not guarantee any search-engine ranking, visibility, indexing, or traffic
• OrderVora does not guarantee any conversion rate, open rate, click rate, or message deliverability
• OrderVora does not guarantee savings compared with any marketplace, aggregator, or alternative provider
• OrderVora does not guarantee uninterrupted or error-free availability

40. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT AND OUTPUT MADE AVAILABLE THROUGH IT — INCLUDING GENERATED CONTENT AND EXTRACTED DATA — ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ORDERVORA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

OrderVora does not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Service or any file is free of harmful components; or that any output, estimate, calculation, or Generated Content is accurate, complete, current, or fit for your purpose. OrderVora makes no warranty about any Merchant, Customer, product, or third-party service.

Some jurisdictions do not allow the exclusion of certain warranties or of implied statutory rights. Nothing here excludes or limits a warranty or right that cannot lawfully be excluded or limited, and to that extent the exclusions above do not apply to you. You may have other rights that vary by jurisdiction.

41. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORDERVORA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST SALES OR ORDERS, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR LOSS, CORRUPTION, OR UNAUTHORISED DISCLOSURE OF DATA — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT ORDERVORA WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORDERVORA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO ORDERVORA FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).

For clarity, amounts a Customer pays to a Merchant for an order, and amounts a Merchant pays to its own Payment Provider, are not amounts paid to OrderVora and do not increase this cap.

These limitations apply to the maximum extent permitted by applicable law and even if a limited remedy fails of its essential purpose. They do not apply to liability that cannot be limited or excluded under applicable law — which, depending on the jurisdiction, may include liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence or wilful misconduct, or certain statutory consumer rights. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you.

The parties agree that these allocations of risk are a fundamental basis of the bargain and are reflected in the pricing of the Service.

42. Indemnification

To the maximum extent permitted by applicable law, a Merchant will defend, indemnify, and hold harmless OrderVora and its officers, directors, employees, and agents from and against any third-party claim, demand, action, proceeding, investigation, loss, liability, damage, fine, penalty, cost, or expense (including reasonable legal fees) arising out of or relating to:

• the Merchant's products or services, including their sale, preparation, handling, packaging, labelling, quality, safety, and fitness
• food, beverages, ingredients, allergens, cross-contact, foodborne illness, contamination, adulteration, or injury or illness alleged to arise from a Merchant product
• the Merchant's fulfillment, pickup, or Merchant-operated delivery, and the acts or omissions of its personnel and drivers
• Merchant Content, including inaccurate, incomplete, outdated, misleading, or deceptive product, price, ingredient, allergen, or nutritional information
• Generated Content the Merchant published, used, or relied on without appropriate review, correction, or verification
• any claim that Merchant Content, or material the Merchant uploaded for processing, infringes or misappropriates a third party's intellectual-property, publicity, or privacy rights
• the Merchant's use of third-party content, images, trademarks, or menus without the necessary rights
• the Merchant's taxes, including failure to calculate, collect, report, or remit them
• the Merchant's licences and permits, or the absence of them
• regulated or age-restricted products, including sales to underage purchasers and failures of age or identity verification
• the Merchant's violation of law, including consumer-protection, advertising, food-safety, privacy, marketing, telemarketing, and messaging law
• the Merchant's marketing or other communications sent through or using the Service, including claims under the TCPA, CAN-SPAM, or state analogues
• the Merchant's handling, use, or disclosure of Customer personal information
• the Merchant's breach of these Terms or any incorporated policy, or misuse of the Service, including by its personnel or anyone using its account
• chargebacks, reversals, and payment disputes on the Merchant's transactions

43. Suspension

OrderVora may suspend or restrict access to all or part of the Service, or to a Storefront, immediately and without prior notice where reasonably necessary — for example if we reasonably believe there is a violation of these Terms or an incorporated policy, unlawful activity, a security or fraud risk, a risk of harm to Customers or third parties, non-payment of Subscription fees, or a legal or regulatory requirement.

Where practicable we will tell you the reason and, for a curable problem, give you a chance to fix it. Suspension does not relieve you of amounts already owed.

44. Termination

You may stop using the Service at any time and may cancel a Subscription as described under "Cancellation of a Subscription". A Merchant may request deletion of its account by contacting hello@ordervora.com.

OrderVora may terminate these Terms or your access: with reasonable notice for convenience; immediately for a material breach that is not cured within a reasonable period after notice; or immediately, without notice, for a serious violation — including fraud, unlawful activity, a security compromise, sale of prohibited products, sales of age-restricted products to underage purchasers, or conduct that creates material risk to Customers, third parties, or the Service.

45. Effect of termination

On termination, your right to use the Service ends, Storefronts are unpublished, and access to the dashboard ends. Amounts already accrued remain payable, and, except as required by law or stated in the Refund & Cancellation Policy, prepaid Subscription fees are not refunded.

OrderVora will make a reasonable effort to allow a Merchant to export its own business data before or shortly after termination, and will retain and delete data as described in the Privacy Policy. You should export anything you need before terminating. OrderVora may retain records it must keep for legal, accounting, security, tax, or dispute-resolution purposes, and may retain de-identified or aggregated data.

46. Force majeure

Neither party is liable for a failure or delay in performing an obligation (other than an obligation to pay amounts due) caused by an event beyond its reasonable control — including internet or network failures, cloud, hosting, or data-centre outages, telecommunications or carrier failures, failures of third-party infrastructure or APIs, power failures, natural disasters, severe weather, fire, flood, epidemic or pandemic, war, civil unrest, terrorism, acts or orders of government or a regulator, embargoes, labour disputes or strikes affecting a party or its suppliers, and widespread cyber incidents such as large-scale denial-of-service attacks or a critical vulnerability in third-party software.

The affected party must notify the other where practicable and use reasonable efforts to resume performance. This Section does not excuse an obligation that the event did not actually prevent, and does not apply to a consequence the affected party could reasonably have avoided or mitigated.

47. Dispute resolution

Please read this Section carefully. It affects how disputes between you and OrderVora are resolved.

48. Governing law

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of [Governing-Law State] and applicable US federal law, without regard to conflict-of-laws rules. Where a dispute is not subject to arbitration, the state and federal courts located in [Governing-Law State] have exclusive jurisdiction, and each party consents to their jurisdiction and venue — except that this does not deprive you of the protection of mandatory consumer-protection law in your place of residence, and does not prevent either party from using a small-claims court as described above.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

49. Changes to these Terms

OrderVora may update these Terms. When we make a material change we will update the effective date above and take reasonable steps to notify you — by email, by a notice in the Service, or by another reasonable means — before the change takes effect.

A material change applies going forward. Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not accept them, you must stop using the Service and, if you are a Merchant, cancel your Subscription. Changes do not apply retroactively to a dispute of which OrderVora had notice before the change.

50. Electronic communications and records

You consent to receive communications from OrderVora electronically — by email, by SMS where you have provided a number for that purpose, by push notification, or through the Service — and you agree that electronic notices, disclosures, agreements, and records satisfy any legal requirement that they be in writing.

You agree that clicking to accept, checking a box, submitting a form, or otherwise indicating agreement in the Service constitutes your electronic signature and creates a binding record. OrderVora may keep a record of what you accepted, when, from what version of the document, and from what account and network address, for evidentiary purposes.

You may withdraw consent to non-essential electronic marketing at any time, but transactional communications are necessary to operate the Service and an account.

51. Assignment

You may not assign or transfer these Terms or any right under them, by operation of law or otherwise, without OrderVora's prior written consent, and any attempt to do so is void. OrderVora may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, reorganisation, financing, or sale of assets. These Terms bind and benefit the parties' permitted successors and assigns.

52. Severability, waiver, and interpretation

If a provision of these Terms is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable or, if that is not possible, severed, and the remaining provisions stay in full force — except as expressly provided otherwise in the class-action waiver under "Dispute resolution".

A failure or delay by either party in exercising a right is not a waiver of it, and no waiver is effective unless in writing. A waiver on one occasion is not a waiver on another.

Headings are for convenience only. "Including" means "including without limitation". These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship, and no third party has any right to enforce them.

53. Entire agreement

These Terms, together with the policies incorporated under "Role of OrderVora; incorporated policies" and any signed order form, enterprise agreement, or compliance agreement between you and OrderVora, are the entire agreement between you and OrderVora about the Service, and supersede all prior or contemporaneous proposals, statements, and understandings about it. Marketing materials and general statements about the Service are not part of this agreement except to the extent applicable law provides otherwise.

54. Survival

Provisions that by their nature should survive termination do survive it — including Definitions, Role of OrderVora, Taxes as to amounts already owed, Chargebacks and payment disputes, Intellectual property, the licence granted to OrderVora to the extent needed for retained data, Prohibited activities, Disclaimer of warranties, Limitation of liability, Indemnification, Effect of termination, Force majeure, Dispute resolution, Governing law, Electronic communications, Assignment, Severability, Entire agreement, and this Section.

55. Contact

[Company Legal Name], operating as OrderVora

Registered address: [Company Address]

Legal and general enquiries: hello@ordervora.com

Privacy requests: hello@ordervora.com (see the Privacy Policy for how requests are handled)