Agreement to These Terms
Welcome to Outbites. These Website Terms ("Terms") are a legally binding agreement between you and Outbites ("Outbites," "we," "our," or "us") governing your use of outbites.com, related public pages, landing pages, forms, content, and other websites that link to these Terms (collectively, the "Site").
By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, you may not use the Site. These Terms apply to website use; use of ordering pages, restaurant tools, apps, accounts, and related platform services is also subject to our Platform Terms.
Arbitration and Class Action Notice
To the fullest extent permitted by law, disputes under these 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 these waivers are not permitted by law.
What Outbites Does
Outbites provides restaurant technology, including restaurant websites, direct online ordering, loyalty, marketing, analytics, and related tools. The Site gives information about those products and allows visitors to contact us, request information, sign up, or navigate to related services.
Outbites Is Not a Restaurant
Outbites is a technology provider. Restaurants and other food businesses that use Outbites operate independently. They are responsible for menu items, prices, ingredients, allergens, food preparation, food safety, taxes, order fulfillment, delivery decisions, refunds, promotions, and compliance with laws that apply to their businesses. Outbites does not prepare food, verify restaurant statements, or guarantee restaurant products or services.
Eligibility
You must be at least 18 years old to use the Site. If you use the Site on behalf of a company, restaurant, or other organization, you represent that you have authority to bind that organization to these Terms.
Limited License
Subject to your compliance with these Terms, Outbites grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for lawful personal or business evaluation purposes. We reserve all rights not expressly granted.
Ownership and Intellectual Property
The Site, including text, graphics, logos, designs, software, code, product names, videos, images, page layouts, and other materials, is owned by Outbites or our licensors and is protected by intellectual property laws. You may not copy, reproduce, modify, scrape, distribute, sell, frame, or create derivative works from the Site except as expressly permitted by us in writing or by applicable law.
Information You Submit
If you submit information through the Site, including contact forms, demo requests, feedback, suggestions, or messages, you represent that you have the right to provide that information and that it is accurate. Do not submit confidential, proprietary, or sensitive information through the Site unless it is necessary for your request.
If you provide suggestions or feedback, you grant Outbites a perpetual, worldwide, royalty-free right to use that feedback for any purpose, including improving the Site and developing products, without compensation to you.
Text Messages and Electronic Communications
If you provide a phone number or email address, you may receive communications from Outbites related to your inquiry, account, request, or use of our services. Marketing communications are subject to consent requirements where applicable. Message and data rates may apply to SMS. You may opt out of promotional messages using the unsubscribe or STOP instructions provided in those messages, but you may still receive transactional or service-related communications.
Prohibited Conduct
You agree not to:
- Use the Site for unlawful, misleading, fraudulent, or harmful purposes.
- Interfere with or disrupt the Site, servers, security, or access controls.
- Upload malware, spam, harmful code, or automated abuse requests.
- Scrape, crawl, harvest, index, or data mine the Site without our written consent.
- Reverse engineer, decompile, or attempt to extract source code except where allowed by law.
- Impersonate another person or misrepresent your affiliation with any restaurant or business.
- Infringe intellectual property, privacy, publicity, or other rights.
- Use the Site to benchmark, clone, or build a competing product using non-public information.
- Attempt to help anyone else do anything prohibited by these Terms.
Third-Party Links
The Site may link to third-party websites, applications, services, payment processors, app stores, social networks, restaurant pages, or other resources. Outbites is not responsible for third-party content, products, services, terms, or privacy practices.
Changes to the Site and Terms
We may modify, suspend, or discontinue all or part of the Site at any time. We may update these Terms from time to time. Changes are effective when posted unless a different date is stated. Your continued use of the Site after changes are posted means you accept the updated Terms.
Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, OUTBITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AVAILABILITY, AND SECURITY. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, CURRENT, SECURE, OR FREE OF HARMFUL COMPONENTS.
Information on the Site is provided for general informational purposes and may change. Product descriptions, pricing examples, performance claims, customer stories, and feature availability may depend on context and are not guarantees of future results.
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, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO THE SITE OR THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUTBITES' TOTAL LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID OUTBITES, IF ANY, FOR USE OF THE SITE IN THE SIX MONTHS BEFORE THE CLAIM AROSE.
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, including reasonable attorneys' fees, arising from your use of the Site, your violation of these Terms, your violation of law, your submitted content, or your violation of third-party rights.
Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, 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 through binding individual arbitration except for claims that may be brought in small claims court or claims for injunctive relief involving intellectual property or unauthorized access.
Miscellaneous
These Terms, together with the Privacy Policy and any additional terms that apply to a feature or service, are the entire agreement between you and Outbites regarding the Site. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, reorganization, financing, or sale of assets.
Contact
Questions about these Website Terms may be sent to support@outbites.com.