Legal

Platform Terms

These terms apply to Outbites ordering experiences, restaurant tools, apps, loyalty, marketing, and related platform services.

Last updated: April 27, 2026

Agreement to These Terms

These Platform Terms are a legally binding agreement between you and Outbites governing your use of Outbites-powered ordering pages, customer accounts, restaurant websites, loyalty programs, marketing tools, mobile or web apps, dashboards, integrations, analytics, and related services (collectively, the "Platform").

By creating an account, placing an order, using a restaurant experience powered by Outbites, accessing merchant tools, or otherwise using the Platform, you agree to these Platform Terms and our Privacy Policy. If you do not agree, do not use the Platform.

Arbitration and Class Action Notice

To the fullest extent permitted by law, disputes under these Platform Terms may be resolved by binding individual arbitration rather than in court. You and Outbites waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding, except where prohibited by law.

Outbites Is a Technology Platform

Outbites provides technology that helps restaurants manage direct ordering, websites, marketing, loyalty, customer communications, analytics, and operations. Outbites is not a restaurant, food preparation entity, retailer, delivery carrier, or employer of restaurant staff or delivery personnel. Restaurants operate independently and are responsible for their own goods, services, pricing, preparation, safety, fulfillment, taxes, refunds, and legal compliance.

If you have a concern about food quality, allergens, ingredients, order accuracy, delivery, pickup, restaurant service, or a restaurant promotion, you should contact the restaurant directly. Outbites may help route support requests but does not guarantee restaurant performance.

Eligibility and Accounts

You must be at least 18 years old to use the Platform. If you create an account, you agree to provide accurate information, keep it updated, protect your login credentials, and accept responsibility for activity under your account. If you use the Platform for a restaurant, company, or organization, you represent that you are authorized to bind that organization.

You must notify us promptly at support@outbites.com if you believe your account is compromised. We may suspend, limit, or terminate accounts to protect the Platform, restaurants, guests, or Outbites.

Orders, Purchases, and Payments

Certain Platform features allow guests to place orders from restaurants. Before submitting an order, you will have an opportunity to review the items, pricing, taxes, fees, pickup or delivery details, and payment method shown at checkout. Prices, menu availability, taxes, fees, discounts, hours, and fulfillment options are controlled by the restaurant or applicable service providers and may change.

By submitting an order, you authorize the restaurant, Outbites, and payment processors to charge the payment method you provide for the order total and any applicable taxes, tips, fees, adjustments, or authorized charges. Payment processing may be provided by Stripe, Square, or another third-party payment processor. Their terms may apply.

Unless required by law or stated by the restaurant, orders and platform charges may be non-refundable once accepted or prepared. Refunds, cancellations, substitutions, credits, and adjustments are generally handled by the restaurant or according to the restaurant's policies.

Delivery and Pickup

Delivery or pickup may be fulfilled by the restaurant, its staff, a third-party delivery provider, or another operational partner. Delivery times, estimates, tracking, availability, and fees are not guaranteed. You are responsible for providing accurate delivery, pickup, contact, and access information.

If an order includes age-restricted items, you represent that you meet the legal age requirement and agree to provide valid government identification if required. Restaurants or delivery providers may refuse fulfillment where required or permitted by law, including if identification cannot be verified.

Rewards, Loyalty, and Promotions

Restaurants may offer rewards, loyalty programs, discounts, coupons, referrals, credits, or promotions through the Platform. Unless expressly stated otherwise, these benefits are promotional, have no cash value, are not gift cards, may not be transferred, may be modified or discontinued, and may be subject to expiration, eligibility limits, minimum purchase requirements, and restaurant-specific rules.

Outbites may provide technology for these programs, but the restaurant is generally responsible for the offer, redemption, availability, and fulfillment of restaurant promotions.

Merchant and Restaurant Responsibilities

Restaurants and merchant users are responsible for maintaining accurate menus, prices, descriptions, taxes, hours, availability, delivery zones, policies, allergen information, and customer communications. They are responsible for complying with food safety, employment, tax, privacy, marketing, consumer protection, accessibility, alcohol, delivery, and other laws that apply to their business.

Merchant users must only upload, import, or use customer data when they have the right to do so. They are responsible for campaign content, consent, opt-out handling, staff permissions, integration setup, and lawful use of platform tools.

License and Restrictions

Subject to your compliance with these Platform Terms, Outbites grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for its intended purpose. If we provide a mobile app, you may install one object-code copy on devices you own or control, subject to app store terms.

You may not:

  • Use the Platform for unlawful, fraudulent, harmful, or abusive purposes.
  • Interfere with security, authentication, rate limits, or access controls.
  • Scrape, harvest, crawl, index, copy, or data mine the Platform without written consent.
  • Reverse engineer or attempt to obtain source code except where permitted by law.
  • Upload malware, spam, deceptive content, or unauthorized personal information.
  • Access another account, restaurant, dashboard, or dataset without authorization.
  • Use the Platform to send unlawful marketing messages or violate communication laws.
  • Misrepresent menus, prices, restaurant identity, customer consent, or business authority.
  • Resell, sublicense, lease, or provide unauthorized access to the Platform.

User Content and Restaurant Content

The Platform may allow users or restaurants to upload, submit, publish, or transmit content, including menus, images, logos, descriptions, reviews, messages, support materials, customer lists, campaign copy, settings, and operational data ("User Content"). You retain rights you have in your User Content.

By providing User Content, you grant Outbites a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, modify for formatting, transmit, and otherwise use the content as necessary to provide, secure, support, market, and improve the Platform. You represent that you have all rights and permissions needed to provide the User Content and that it does not violate law or third-party rights.

We may remove, limit, or disable content that we believe violates these Platform Terms, law, third-party rights, restaurant policies, or platform safety standards.

Third-Party Services and Integrations

The Platform may connect to third-party services, including payment processors, POS systems, delivery providers, messaging tools, analytics services, app stores, map providers, hosting providers, and restaurant technology partners. Your use of those services may be subject to their terms and privacy policies. Outbites is not responsible for third-party services, outages, errors, data handling, fees, or acts and omissions.

Availability, Bugs, and Operational Risk

The Platform may experience downtime, latency, errors, bugs, failed notifications, delayed messages, missed orders, incorrect settings, integration failures, payment processor issues, POS sync issues, reporting inaccuracies, data import errors, data export errors, campaign delivery issues, menu display issues, or other interruptions. You acknowledge that software, internet services, third-party integrations, and restaurant operations are never guaranteed to be uninterrupted, error-free, or loss-free.

To the fullest extent permitted by law, you agree that Outbites is not responsible for lost sales, lost profits, lost revenue, lost orders, lost customers, loss of goodwill, reputational harm, wasted staff time, chargebacks, refunds, food waste, operational delays, missed marketing opportunities, inaccurate reports, or other business losses caused by or related to Platform downtime, bugs, errors, outages, maintenance, security events, third-party services, integrations, network failures, or your configuration or use of the Platform.

Restaurants and merchant users are responsible for maintaining reasonable backup procedures and operational safeguards, including checking dashboards, confirming orders, monitoring payment processor and POS activity, keeping menus and hours accurate, training staff, maintaining alternative ordering or communication methods where appropriate, and promptly reporting suspected issues to Outbites.

Outbites may perform maintenance, deploy updates, disable features, throttle traffic, suspend access, or take emergency actions when we believe it is necessary to protect the Platform, restaurants, guests, data, security, or service quality. We do not guarantee that any specific feature, integration, workflow, report, automation, or marketing channel will always be available.

Copyright and Intellectual Property Complaints

If you believe content on the Platform infringes your copyright or other intellectual property rights, contact us at support@outbites.com with enough information for us to investigate, including the work claimed to be infringed, the content location, your contact information, and a statement that you have a good-faith belief the use is unauthorized.

Changes, Suspension, and Termination

We may update these Platform Terms, modify the Platform, or require acceptance of updated terms to continue using certain features. We may suspend or terminate access to the Platform if we believe you violated these terms, pose risk to the Platform or others, have unpaid amounts, misuse data, violate laws, or create security or operational concerns.

Upon termination, your license to use the Platform ends, but provisions concerning ownership, payment obligations, user content licenses, disclaimers, limitations of liability, indemnification, dispute resolution, and other provisions that by their nature should survive will survive.

Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, OUTBITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, SECURITY, QUIET ENJOYMENT, RELIABILITY, UPTIME, INTEGRATION COMPATIBILITY, DATA ACCURACY, REPORTING ACCURACY, AND ERROR-FREE OPERATION.

OUTBITES DOES NOT CONTROL RESTAURANT FOOD, INGREDIENTS, ALLERGENS, PRICING, TAXES, MENU ACCURACY, PROMOTIONS, DELIVERY, PICKUP, REFUNDS, OR CUSTOMER SERVICE. RESTAURANTS AND THIRD-PARTY PROVIDERS ARE RESPONSIBLE FOR THEIR OWN PRODUCTS, SERVICES, REPRESENTATIONS, AND LEGAL COMPLIANCE.

OUTBITES DOES NOT WARRANT THAT ORDERS, PAYMENTS, NOTIFICATIONS, EMAILS, SMS MESSAGES, PUSH NOTIFICATIONS, WEBHOOKS, POS SYNCS, REPORTS, ANALYTICS, MENU UPDATES, LOYALTY EVENTS, OR MARKETING CAMPAIGNS WILL BE TIMELY, ACCURATE, COMPLETE, DELIVERED, OR ERROR-FREE. ANY RELIANCE ON THE PLATFORM FOR RESTAURANT OPERATIONS IS AT YOUR OWN RISK.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUTBITES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SUBSTITUTE SERVICES, LOST ORDERS, LOST CUSTOMERS, LOST MARKETING OPPORTUNITIES, CHARGEBACKS, REFUNDS, FOOD WASTE, STAFF COSTS, REPUTATIONAL HARM, OR OTHER BUSINESS OR OPERATIONAL LOSSES ARISING FROM OR RELATED TO THE PLATFORM, EVEN IF OUTBITES HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUTBITES' TOTAL LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID OUTBITES FOR THE PLATFORM FEATURE GIVING RISE TO THE CLAIM IN THE SIX MONTHS BEFORE THE CLAIM AROSE.

YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS IN THESE PLATFORM TERMS ARE A MATERIAL PART OF THE BARGAIN BETWEEN YOU AND OUTBITES. THEY APPLY TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, WARRANTY, OR ANY OTHER LEGAL THEORY, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold Outbites and its affiliates, officers, employees, contractors, agents, suppliers, and licensors harmless from claims, liabilities, damages, losses, and expenses arising from your use or misuse of the Platform, your orders or restaurant operations, User Content, violation of these terms, violation of law, violation of third-party rights, or disputes between you and another user, restaurant, customer, vendor, or third-party provider.

Dispute Resolution

These Platform Terms are governed by Texas law, without regard to conflict of law rules. Before filing a claim, you agree to contact us and attempt to resolve the dispute informally. If a dispute is not resolved informally, it will be resolved by binding individual arbitration except for claims that may be brought in small claims court, claims for injunctive relief involving intellectual property or unauthorized access, or where arbitration is prohibited by law.

App Store Terms

If you download an Outbites app from Apple, Google, or another app marketplace, that marketplace's terms also apply. The app marketplace is not responsible for providing maintenance or support for the Platform unless required by its own terms.

Miscellaneous

These Platform Terms, together with the Privacy Policy, Website Terms, restaurant agreements, order terms, and any feature-specific terms, are the entire agreement between you and Outbites for the Platform. If any provision is unenforceable, the remaining provisions remain effective. Our failure to enforce a provision is not a waiver. You may not assign these terms without consent; we may assign them in connection with a merger, acquisition, financing, reorganization, or sale of assets.

Contact

Questions about these Platform Terms may be sent to support@outbites.com.