Terms of Service

The Service is offered to restaurants and food-service businesses in the United States. You must be at least 18 years old and authorized to bind your business. You are responsible for all activity under your account and for keeping your credentials confidential.

OrdersUp is offered on a monthly subscription basis at the price listed on our pricing page, billed per location. Add-on services are billed at the rates listed at time of attachment. Subscriptions renew automatically each month until you cancel. All fees are in U.S. dollars, non-refundable except where required by law, and exclusive of taxes. You authorize us and our payment processor (Stripe) to charge your payment method for all fees. Failed payments may result in service suspension. You may cancel at any time from your billing page; cancellation takes effect at the end of the current billing period. Third-party pass-through fees (SMS carrier fees, delivery marketplace commissions, hosting for custom apps, etc.) may apply and are not included in the base subscription.

Our "Live in 5 days" and similar timelines are targets, not guarantees, and depend on you providing required information (business details, menu, brand assets, and any third-party access we need). We are not responsible for delays caused by third parties (Google, Meta, Yelp, delivery marketplaces, SMS carriers, or telecom registration authorities).

You retain ownership of all content, menus, photos, guest data, and other information you provide ("Customer Data"). You grant us a limited license to host, process, transmit, display, and use Customer Data solely to provide and improve the Service. You represent that you have all rights necessary to grant this license and that Customer Data does not violate any law or third-party right.

When you use OrdersUp to send SMS, email, or place automated phone calls, you are the "sender" for legal purposes. You are responsible for obtaining valid consent from every recipient before contacting them, honoring opt-outs (STOP, UNSUBSCRIBE), and complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, A2P 10DLC registration requirements, and any equivalent state or federal law. See our SMS Terms for details. You will indemnify OrdersUp against any claim arising from messages, calls, or emails sent on your behalf.

You will not: (a) use the Service to send unlawful, harassing, deceptive, or unsolicited communications; (b) attempt to reverse engineer, resell, or sublicense the Service; (c) interfere with the Service's integrity or security; (d) upload malicious code; or (e) use the Service in violation of any applicable law.

The Service integrates with third parties (Google Business Profile, Meta, Yelp, Apple, delivery marketplaces, payment processors, telecom carriers, and others). Your use of those third parties is governed by their own terms. We are not responsible for outages, policy changes, or account actions taken by third parties.

The Service, including all software, designs, logos, and content we provide, is owned by OrdersUp and its licensors and protected by intellectual property law. You receive only a limited, non-exclusive, non-transferable license to use the Service during your subscription.

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted or error-free. We do not guarantee specific business results, review counts, order volumes, or revenue.

To the maximum extent permitted by law, OrdersUp will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue. Our total aggregate liability under these Terms will not exceed the amount you paid us in the 12 months preceding the claim.

You will indemnify and hold OrdersUp harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising from your use of the Service, your Customer Data, or your violation of these Terms or applicable law.

You may cancel your subscription at any time from your billing page. We may suspend or terminate your access for material breach of these Terms, non-payment, or where we believe your use creates legal or security risk. Upon termination, your license to use the Service ends. You may request an export of your Customer Data for 30 days after termination.

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles. Any dispute will be resolved exclusively in the state or federal courts located in Fulton County, Georgia, and you consent to that jurisdiction.

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance.

Questions about these Terms? Email support@getordersup.com.