Terms of Service
The agreement between MoonFactory LLC (Vendo) and the restaurant that subscribes to the platform. Read this if you are running a restaurant on Vendo or thinking about it.
1. The Service
Vendo is an integrated restaurant operating platform. A single subscription gives you online ordering for pickup and delivery, a point-of-sale terminal with three capability tiers, a kitchen display, a customer database with order history, a menu manager, an analytics dashboard, staff accounts with role-based access control, an append-only audit log, and a branded restaurant website on a custom domain.
We operate the platform. We do not prepare food, deliver food, employ your staff, set your menu prices, or stand between you and your customers. Vendo is a technology provider; you are the restaurant.
2. Eligibility
To subscribe to Vendo you must:
- operate a legally registered food service business;
- be authorized to enter contracts on that business's behalf;
- be at least 18 years old.
3. Your account
You create your account during onboarding and you are responsible for everything that happens under it, including actions taken by staff you grant access to. Keep account information current. Keep PINs and credentials secret. If a credential is compromised, change it immediately and email legal@vendo.pizza so we can help.
4. Subscription and payment
- The base subscription is $595 per month, or the rate quoted to you at the time of purchase.
- No per-order fees. No commission on orders. No transaction markups. Vendo does not take a cut of your sales.
- Billing runs monthly through Stripe.
- Stripe's standard payment processing fees apply to orders your customers pay for. Those fees go to Stripe, not Vendo.
- Promotional pricing (for example, $495 per month for the first three months) applies for the stated duration and then reverts to the standard rate. You will be told the duration before you pay.
- If a payment fails we will retry it and notify you. After a three-day grace period an unpaid subscription will be suspended until payment is restored.
- All fees are in U.S. dollars.
5. Cancellation and refunds
- You may cancel at any time by emailing legal@vendo.pizza.
- Cancellation takes effect at the end of your current billing period.
- We do not pro-rate the unused portion of a billing period.
- We do not refund prior billing periods.
- After cancellation you have a 30-day window to export your data. See Section 9.
6. Your responsibilities
You agree to:
- keep menu information accurate, current, and lawful;
- comply with all food safety, health, and licensing requirements that apply to your business;
- comply with all tax obligations, including sales-tax collection and remittance;
- not use the platform for any unlawful purpose;
- not upload content that infringes someone else's rights;
- follow the Acceptable Use Policy;
- respond to your customers' questions and complaints about food, delivery, and service.
7. Our responsibilities
We agree to:
- provide the platform with the uptime described in Section 8;
- maintain the security of the infrastructure as described in the Privacy Policy;
- process your data only as described in the Privacy Policy and the Data Processing Agreement;
- provide reasonable technical support during normal business hours.
We are not responsible for: food quality, food safety, order accuracy, delivery performance, your regulatory compliance, or disputes between you and your customers. Those are yours.
8. Service level
- Target uptime is 99.5% per calendar month, excluding scheduled maintenance.
- Scheduled maintenance will be announced with reasonable advance notice — typically at least 48 hours for non-emergency work.
- If uptime falls below the target in a given month, you may request a pro-rated service credit for the affected period, applied to your next invoice. The maximum credit in any month is one full month's subscription fee.
- Credit requests must reach legal@vendo.pizza within 30 days of the incident.
- Uptime measurement excludes scheduled maintenance, force majeure events, problems caused by your own actions or configuration, and outages of third-party services we rely on (Stripe, Cloudflare, DNS providers).
9. Data ownership and portability
You own your data: menu content, customer records, order history, financial records, and uploaded images. We hold a limited license to process that data solely to provide the platform service to you.
When you cancel you have 30 days to request a full export. Tabular data is delivered as CSV. Images are delivered in their original upload format. After that 30-day window we delete your data within 90 days, except where retention is required by law or for legitimate business purposes such as billing records.
10. Intellectual property
Vendo owns the platform — code, design, architecture, documentation, and the Vendo trademarks. You own your content — menu items, photos, branding, copy, customer records.
You grant Vendo a non-exclusive license to display your content as necessary to operate the service (for example, rendering your menu on your ordering page). Neither party gains rights to the other's intellectual property beyond what is stated here.
11. Limitation of liability
- Vendo's total liability for any claim is capped at the fees you paid us in the 12 months before the claim arose.
- We are not liable for indirect, incidental, consequential, special, or punitive damages.
- We are not liable for lost revenue, lost data beyond the portability obligations above, business interruption, or third-party claims that arise from your use of the platform.
These limits apply to the fullest extent permitted by applicable law.
12. Indemnification
You will defend and hold Vendo harmless against claims arising from:
- your food products and food service operations;
- your violation of any law or regulation;
- your breach of these terms;
- content you upload that infringes a third party's rights.
13. Modifications
We may update these terms. We will give you at least 30 days' written notice by email before changes take effect. Continued use of the platform after the notice period means you accept the change. For material changes — pricing, data practices, or liability — you have the right to cancel without penalty during the notice period.
14. Termination
- Either party may terminate this agreement with 30 days' written notice.
- We may terminate immediately for material breach, illegal activity, non-payment after the grace period, or violation of the Acceptable Use Policy.
- On termination, the data-export rights in Section 9 apply, and subscription fees through the end of the notice period remain owed.
15. Dispute resolution
- We will try to resolve disagreements through good-faith negotiation for 30 days.
- If we cannot, the dispute will be resolved by binding arbitration in the State of Georgia under the AAA Commercial Arbitration Rules. Each party pays its own attorney's fees; arbitrator fees are split equally.
- Small claims court remains available for disputes that qualify.
- Disputes are resolved individually. No class actions.
16. General
- Governing law: State of Georgia, United States.
- Entire agreement: these terms, the AUP, the Privacy Policy, and (where applicable) the DPA supersede any prior agreement on these subjects.
- Severability: if any part is unenforceable, the rest remains in effect.
- No waiver: not enforcing a right on one occasion does not waive it for the next.
- Assignment: you may not assign this agreement without our written consent. We may assign it in connection with a merger, acquisition, or sale of assets.
- Notices: for you, email to the address on file; for Vendo, email to legal@vendo.pizza.
- Force majeure: neither party is liable for delays or failures caused by events beyond reasonable control (acts of God, civil unrest, government action, infrastructure outages outside our control).
