Terms of Service

1. Acceptance and Eligibility

By creating an account, signing an order form, or accessing or using any part of the Services, you agree to these Terms. If you are entering into these Terms on behalf of a business or other entity, you represent that you are authorized to bind that entity, and “you” refers to that entity. You must be at least 18 years of age and able to form a binding contract.

2. Definitions

• “Services” means the ServePoint software, applications, admin portal, online ordering site, employee portal, websites, APIs, and related features.
• “Order” means an order form, plan selection, or online sign-up describing the Services you subscribe to and the applicable fees.
• “Your Data” means the business data you submit or generate through the Services, including menus, orders, customer records, and reports.
• “Payment Processor” means the third-party payment provider (Stripe) that processes card payments.

3. Accounts and Access

You must provide accurate account information, keep it current, maintain the security of your credentials, and promptly notify us of any unauthorized access. You are responsible for all activity under your account and for your users' compliance with these Terms. We may suspend or limit access where reasonably necessary to protect the Services, comply with law, or address suspected misuse.

4. Subscriptions, Fees, and Billing

Subscription and transaction fees are described in your Order or plan details. Unless otherwise stated, subscriptions auto-renew and may be terminated with advance notice before renewal. Fees are exclusive of taxes, and you are responsible for all applicable taxes other than taxes on our net income. Late balances may result in service suspension and late charges as permitted by law. Except as expressly stated or required by law, fees are non-refundable.

5. Payment Processing

Card payments are processed by a third-party Payment Processor (Stripe, through Stripe Connect), not by ServePoint. ServePoint is a software provider and is not a bank, money transmitter, card network, or the merchant of record for card funds. Your acceptance of card payments, and the settlement of those funds, are governed by your separate agreement with the Payment Processor and its financial-institution partners. ServePoint does not hold customer funds, and does not offer any proprietary payment card, stored-value wallet, lending, capital, or merchant-financing product.

6. Optional Payroll Integration

ServePointdoes not operate its own payroll, benefits, or tax-filing service. Where you choose to enable payroll, it is provided through a third-party integration with Gusto and is governed by Gusto's own terms and privacy practices. You are responsible for your relationship with, and obligations to, the payroll provider.

7. Customer-Provided Hardware

ServePointdoes not sell, lease, or manufacture hardware. You supply your own compatible third-party devices — such as tablets, receipt printers, card readers, and cash drawers — connected via Bluetooth, USB, or network. You are solely responsible for obtaining, maintaining, securing, and supporting your hardware and network, and for any related fees. Third-party hardware is covered only by its manufacturer's own warranty and support, if any.

8. Your Data and Privacy

You retain ownership of Your Data. You grant ServePoint a limited, non-exclusive license to host, process, and transmit Your Data solely to operate, secure, support, and improve the Services. For guest and staff information processed through the platform, you act as the controller and ServePoint acts as a processor on your behalf. Our data practices are described in our Privacy Policy. We may create aggregated or de-identified data that does not identify you or any individual.

10. Acceptable Use

• No unlawful, fraudulent, infringing, or abusive use of the Services.
• No reverse engineering, or unauthorized security or penetration testing.
• No resale, sublicensing, or service-bureau use unless authorized in writing.
• No interference with, or circumvention of, the security or integrity of the Services.
• Comply with all applicable laws, including consumer-messaging and consent rules.

11. Third-Party Services

The Services rely on and can integrate with third parties, including our Payment Processor (Stripe), the optional payroll provider (Gusto), our cloud host (Microsoft Azure), and any integrations you enable. Your use of those services is governed by their own terms, and ServePoint is not responsible for third-party services or content.

12. Intellectual Property

ServePoint and its licensors own all rights in and to the Services, including all software, interfaces, and related intellectual property. The Services are licensed, not sold, and no rights are granted except as expressly stated. If you provide feedback or suggestions, you grant ServePoint a perpetual, royalty-free license to use it without restriction.

13. Warranties and Disclaimers

Except where expressly provided, the Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, ServePointdisclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Services will be uninterrupted, error-free, or secure.

14. Limitation of Liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill. Except for liabilities that cannot be limited by law, ServePoint's aggregate liability arising out of or relating to these Terms is limited to the fees you paid for the Services in the twelve (12) months preceding the event giving rise to the claim.

15. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless ServePointand its affiliates from claims, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Services, Your Data, your violation of these Terms, or your violation of applicable law or third-party rights.

16. Term and Termination

These Terms apply while you use the Services. Either party may terminate for material breach that remains uncured after written notice. We may suspend or terminate access for non-payment, suspected fraud or abuse, or as required by law. On termination, your right to use the Services ends; for a limited period and on request, we will make reasonable efforts to allow you to export Your Data, subject to legal and technical constraints.

17. Dispute Resolution and Arbitration

Most concerns can be resolved by contacting us first. Except where prohibited by law, and except for small-claims matters and requests for injunctive relief, disputes arising out of or relating to these Terms will be resolved by final and binding individual arbitration, and you and ServePoint each waive the right to a jury trial and to participate in a class or representative action. Either party may seek temporary injunctive relief in court to protect its rights pending arbitration.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. General Provisions

We may update these Terms from time to time and will revise the date above when changes take effect; continued use after the effective date constitutes acceptance. If any provision is held 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, or asset transfer. Neither party is liable for delays caused by events beyond its reasonable control. These Terms, together with any Order and the Merchant Agreement (for business customers), are the entire agreement between the parties on this subject.

20. Contact

Questions about these Terms can be sent to info@servepoint.me.