Restaurant Terms of Service
Effective Date: 6/29/2026
These Restaurant Terms of Service ("Terms") are entered into by and between Viomik Digital Solutions / Viomik Ordering System ("Viomik," "we," "us," or "our") and the restaurant, business, owner, manager, or authorized representative creating an account ("Restaurant," "Merchant," "you," or "your"). By creating an account, connecting payment processing, uploading a menu, accepting orders, or using Viomik Ordering System, you agree to these Terms.
1. Authority to Use the Service
You confirm that you are the owner of the Restaurant or an authorized representative with legal authority to bind the Restaurant to these Terms.
You agree to provide accurate business information, including legal business name, address, phone number, tax information, payment information, and any required licenses or permits.
Viomik may request verification documents at any time and may suspend or deny access if information is missing, false, outdated, or suspicious.
2. Description of Service
Viomik Ordering System provides software that allows restaurants to create menus, receive online orders, manage customer orders, and use related tools.
Viomik is a technology provider. Viomik is not the Restaurant, food seller, food preparer, delivery provider, employer, or agent of the Restaurant unless separately agreed in writing.
The Restaurant remains fully responsible for its food, menu, pricing, taxes, customer service, delivery, refunds, chargebacks, compliance, and business operations.
3. Restaurant Responsibilities
You are responsible for:
- Keeping your menu, prices, descriptions, images, modifiers, taxes, fees, availability, hours, address, phone number, and delivery/pickup settings accurate.
- Accepting, preparing, rejecting, cancelling, or fulfilling orders in a timely manner.
- Honoring prices and promotions displayed to customers.
- Handling customer complaints, refunds, missing items, wrong items, delayed orders, and food quality issues.
- Maintaining all required permits, licenses, insurance, health department approvals, and food safety compliance.
- Following all federal, state, and local laws that apply to your restaurant.
Viomik is not responsible for losses caused by incorrect menu data, wrong pricing, unavailable items, delayed preparation, rejected orders, customer disputes, or Restaurant mistakes.
4. Menu Content, Images, and Accuracy
You are fully responsible for all content uploaded or provided to Viomik, including names, descriptions, prices, images, modifiers, ingredients, promotions, and policies.
You confirm that you have the right to use all images, logos, menu content, trademarks, and business information you provide.
Viomik may remove or edit content that appears false, illegal, infringing, misleading, offensive, unsafe, or harmful to the platform.
5. Allergies, Ingredients, and Food Safety
The Restaurant is solely responsible for ingredient accuracy, allergy warnings, cross-contamination notices, nutritional information, and food safety.
Viomik does not verify ingredients, allergens, preparation methods, or food safety practices.
You agree to clearly disclose allergy risks where required and to handle allergy-related customer requests carefully.
6. Orders
An order placed through Viomik Ordering System is an order between the customer and the Restaurant.
The Restaurant is responsible for reviewing each order, preparing it correctly, and contacting the customer if there is a problem.
Viomik is not responsible for missing items, wrong items, substitutions, food quality, preparation delays, store closures, driver delays, or delivery/pickup problems.
Viomik may provide order notifications, but you are responsible for monitoring your dashboard, device, email, SMS, or connected systems.
7. Payments and Processing
Payments may be processed through third-party providers such as Stripe or another payment processor.
You agree to the payment processor's terms and are responsible for maintaining your payment account in good standing.
Viomik does not control payment processor approvals, holds, reserves, payouts, chargebacks, account closures, identity verification, or payment delays.
Viomik may collect platform fees, subscription fees, setup fees, transaction fees, or other agreed charges.
You authorize Viomik and/or its payment processor to deduct applicable fees from your payouts or charge your payment method.
8. Taxes
You are responsible for setting, reviewing, and confirming all taxes, tax rates, delivery fees, service fees, and related charges for your Restaurant unless Viomik is legally required or separately agrees in writing to collect or remit certain taxes.
You are responsible for consulting your own accountant or tax professional.
Viomik does not provide tax advice.
If Viomik is required by law to collect, report, or remit taxes for certain transactions, you agree to provide all required information and cooperate with Viomik.
9. Refunds, Cancellations, and Chargebacks
The Restaurant is responsible for customer refunds, cancellations, order adjustments, failed orders, disputes, and chargebacks caused by Restaurant actions or inaction. This includes, but is not limited to:
- Wrong items
- Missing items
- Food not prepared
- Food quality issues
- Late orders
- Closed restaurant
- Incorrect prices
- Unauthorized substitutions
- Customer dissatisfaction caused by Restaurant service
Viomik may deduct refunds, chargebacks, processor fees, dispute fees, or related costs from Restaurant payouts or future balances.
Viomik may issue a refund or adjustment when necessary to protect the customer experience, prevent fraud, comply with law, or protect the platform.
10. Delivery and Pickup
If the Restaurant offers delivery, the Restaurant is responsible for delivery operations unless a separate written agreement says otherwise.
The Restaurant is responsible for delivery times, drivers, insurance, customer addresses, missed deliveries, driver conduct, and delivery-related claims.
Pickup orders are the Restaurant's responsibility once received.
Viomik is not responsible for lost, late, cold, damaged, stolen, or incorrectly delivered orders.
11. Restaurant Policies
You may add your own Restaurant policies, including refund rules, pickup rules, delivery rules, allergy notices, and order instructions.
Your Restaurant policies cannot override these Terms, Viomik's platform rules, payment processor rules, or applicable law.
If there is a conflict between your Restaurant policy and these Terms, these Terms control.
12. Customer Data
Viomik may provide customer order information only for legitimate order fulfillment, customer service, fraud prevention, platform operation, and legal compliance.
You agree not to misuse customer data.
You may not sell customer data, spam customers, contact customers for unrelated purposes, or use customer information outside the order relationship unless you have proper legal permission.
You must protect customer information and notify Viomik immediately if customer data is lost, stolen, exposed, or misused.
13. Platform Access and Security
You are responsible for keeping your login credentials secure.
You are responsible for all activity under your account.
You must notify Viomik immediately if you suspect unauthorized access.
Viomik may suspend or restrict your account if we suspect fraud, abuse, security risk, unpaid fees, illegal activity, or violation of these Terms.
14. Prohibited Use
You may not use Viomik Ordering System to:
- Sell illegal goods or services
- Misrepresent your business
- Upload false, misleading, stolen, or infringing content
- Process fraudulent orders
- Abuse customers, employees, drivers, or Viomik staff
- Interfere with the platform
- Reverse engineer, copy, resell, or exploit the software
- Avoid fees or manipulate transactions
- Violate laws, payment processor rules, or platform policies
15. Fees and Subscription
You agree to pay all fees associated with your selected plan, setup, custom work, subscriptions, transactions, or add-ons.
Subscription fees may be billed monthly, annually, or as otherwise agreed.
Fees are non-refundable unless Viomik agrees in writing or applicable law requires otherwise.
Viomik may change pricing with notice. Continued use after a price change means you accept the new pricing.
Failure to pay may result in suspension, termination, removal of ordering access, or collection action.
16. Setup Services
If Viomik provides menu setup, website setup, design, image work, onboarding, or custom services, those services may have separate fees.
You are responsible for reviewing and approving all setup work.
After approval, you are responsible for future changes, corrections, menu updates, and accuracy unless a separate maintenance agreement applies.
17. Availability and Technical Issues
Viomik will try to keep the system available and working, but we do not guarantee uninterrupted service.
The platform may be unavailable due to maintenance, internet issues, hosting issues, third-party provider issues, payment processor problems, software updates, device issues, or events outside our control.
Viomik is not responsible for lost sales, missed orders, customer complaints, or business losses caused by downtime, errors, delays, integrations, or technical issues.
18. Third-Party Services
The platform may connect with third-party services such as payment processors, hosting providers, messaging providers, email providers, analytics tools, or delivery-related services.
Viomik is not responsible for third-party service failures, fees, disputes, account reviews, payout delays, policy changes, or service interruptions.
Your use of third-party services may be subject to their own terms.
19. Intellectual Property
Viomik owns the software, platform, design, systems, workflows, code, branding, templates, and related intellectual property.
You may not copy, reproduce, resell, license, reverse engineer, or create competing software using Viomik's platform, design, code, or systems.
You keep ownership of your Restaurant logo, menu content, and business information, but you grant Viomik permission to use them to provide, display, market, support, and improve the service.
20. Reviews, Marketing, and Business Display
Unless you request otherwise in writing, Viomik may display your Restaurant name, logo, website, menu, and public business information as part of the ordering system, portfolio, case studies, marketing materials, or platform listings.
Viomik may not claim ownership of your Restaurant brand.
21. Suspension and Termination
Viomik may suspend or terminate your account if:
- You violate these Terms
- You fail to pay fees
- You provide false information
- You misuse customer data
- You create legal, financial, security, or reputation risk
- You receive excessive complaints, refunds, disputes, or chargebacks
- Your business appears fraudulent, unsafe, or non-compliant
- Required verification is not completed
You may stop using the service at any time, but you remain responsible for unpaid fees, refunds, disputes, chargebacks, and obligations created before termination.
22. Disclaimer of Warranties
The service is provided "as is" and "as available."
Viomik does not guarantee that the service will be uninterrupted, error-free, profitable, secure, or suitable for your specific business needs.
Viomik does not guarantee sales, traffic, revenue, customer retention, search rankings, or business growth.
23. Limitation of Liability
To the maximum extent allowed by law, Viomik is not liable for indirect, incidental, special, consequential, punitive, or lost-profit damages.
Viomik is not responsible for lost revenue, lost orders, chargebacks, refunds, tax issues, food claims, delivery claims, customer complaints, data loss, downtime, or third-party service failures.
To the maximum extent allowed by law, Viomik's total liability for any claim is limited to the amount you paid to Viomik for the service during the three months before the claim.
24. Indemnification
You agree to defend, indemnify, and hold harmless Viomik, its owners, employees, contractors, partners, and service providers from any claims, damages, losses, liabilities, fees, penalties, costs, or expenses arising from:
- Your food, products, services, or Restaurant operations
- Your menu, prices, content, images, or policies
- Allergies, food safety, health code issues, or customer illness claims
- Refunds, cancellations, chargebacks, or payment disputes
- Taxes, licenses, permits, or legal compliance
- Delivery or pickup issues
- Misuse of customer data
- Violation of these Terms
- Violation of any law or third-party rights
25. Changes to Terms
Viomik may update these Terms from time to time.
If we make material changes, we may notify you by email, dashboard notice, or other reasonable method.
Continued use of the service after changes means you accept the updated Terms.
26. Governing Law
These Terms are governed by the laws of the State of New York, unless another jurisdiction is required by law.
Any dispute must be handled in the courts located in New York, unless Viomik chooses another legally permitted venue.
27. Entire Agreement
These Terms, together with any signed agreement, plan details, invoice, order form, payment processor terms, and posted platform policies, make up the entire agreement between you and Viomik regarding the service.
28. Acceptance
By signing up, checking the acceptance box, connecting payments, uploading a menu, or using Viomik Ordering System, you confirm that you have read, understood, and agreed to these Terms.
Restaurant Name — Authorized Representative — Title — Date.
Signup acceptance text
"I confirm that I am authorized to represent this restaurant and I agree to the Viomik Ordering System Restaurant Terms of Service."