Terms of Use

Please see below for our terms of use.

CUTE ORDER VENDOR TERMS OF USE [ONLINE]

LAST UPDATED: FEBRUARY 14, 2017

In addition to these Vendor Terms of Use, Buyer (“Buyer” / “Restaurant” / “Business” as set forth in the Cover Sheet) agrees to be bound by the Agreement for the Services by and between Buyer and Cute Order, Inc., a California corporation (“Cute Order”) and the Privacy Policy (located at http://cute.menu/privacy-policy/), as such may be updated from time to time, which are incorporated herein by this reference. In the event of any conflict between this Vendor Terms of Use and the Agreement and/or Cover Sheet, the Cover Sheet shall control, then the Agreement, then these Vendor Terms of Use. Any terms herein capitalized but not otherwise defined shall have the meaning as set forth in the Agreement.

The Vendor Terms of Use shall control your rights and obligations relating to the Services and all Cute Order business services relating to the Services (the “Software”).

  1. Software. Reproduction or redistribution of the Software is prohibited except as provided for in the applicable Agreement or these Vendor Terms of Use.
  2. Software License. The Services may include software for use. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern Restaurant’s use of the software. If such software is not accompanied by a EULA, then Cute Order grants to Restaurant a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Vendor Terms of Use.
  3. Security. Buyer agrees to immediately notify Cute Order if Buyer becomes aware, or reasonably suspects, any unauthorized use of Buyer’s account or access to the Software/Services.
  4. Data Retention. Cute Order reserves the right to remove any data generated on Cute Order’s systems through Services provided to Buyer older than six (6) months. Cute Order reserves the right to remove any data related to Buyer or generated through Services provided to Buyer upon termination of Services. Buyer acknowledges that it is the responsibility of Buyer to retain and save any information Buyer wishes to keep, including, but not limited to, any records generated through Services. Buyer acknowledges and understands that any information or data removed by Cute Order will be unrecoverable.
  5. Fees
    • a. Card Processing Fees: any fees that arise out of or relate to the Credit Card Processing Service, including without limitation processing fees, fraud fees, card-holder dispute fees, bank reversal fees, and transaction reversal fees. If Buyer choses to use Cute Order to process credit cards on their behalf, each transaction is subject to a fee of 2.6% of the total transaction amount and thirty cents ($0.30). Any charge-backs Cute Order receives due to processing cards on Buyer’s behalf will be subject to an additional $45 fee, plus time spent, billed at $50 per hour, in a minimum of one-half (1/2) hour increments.
    • b. Data Entry Fees: $50 per hour, billed in a minimum of one-half (1/2) hour increments.
    • c. Engineering Fees: $185 per hour, billed in a minimum of one-half (1/2) hour increments, with one (1) hour minimum.
    • d. Web Design Fees: $60 per hour, billed in a minimum of one-half (1/2) hour increments, with one (1) hour minimum.
  6. Buyer Licenses. Buyer represents and warrants that it has all applicable permits and licenses, and may lawfully provide the food and related services relating to the End-User Orders, including without limitation, the ability to prepare and sell food to end-user consumers.
  7. Intellectual Property Rights. Excluding the Buyer Content, the content on the Service (“Cute Order Service Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Cute Order, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Cute Order Service Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Cute Order graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Cute Order in the U.S. and/or other countries. Cute Order’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cute Order. Buyer agrees not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Cute Order Service Content or enforce limitations on use of the Service or the Cute Order Service Content therein.
  8. Prohibited Activities. Restaurant may not access or use the Service for any other purpose other than that for which Cute Order makes it available. Prohibited activity includes, but is not limited to:
    • a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
    • b. systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Cute Order;
    • c. making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
    • d. engaging in unauthorized framing of or linking to the Service;
    • e. using any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    • f. engaging in any automated use of the Service, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
    • g. attempting to impersonate another user or person;
    • h. using the Service as part of any effort to compete with Cute Order or to provide services as a service bureau;
    • i. attempting to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
    • j. harassing, annoying, intimidating or threatening any Cute Order employees or agents engaged in providing any portion of the Services; and using the Service in a manner inconsistent with any and all applicable laws and regulations.
  9. Insurance. Restaurant shall at all times maintain comprehensive liability insurance, insuring Restaurant against any liability arising out the lease, use, occupancy of maintenance of its premises and all areas appurtenant thereto and the operation of the business. Such policy shall have a limit of not less than $2,000,000 combined single limit for injury to, or death of, one or more persons per occurrence, and for damage to tangible property per occurrence. Restaurant may carry said insurance under blanket policies.
  10. Limitations on Actions. Notwithstanding any principle, rule, or law to the contrary, no action, proceeding, or arbitration of any kind whatsoever, whether sounding in tort, contract, restitution, equity, or otherwise, shall be brought by Buyer against Cute Order, or its officers, directors, principals, shareholders, agents, or employees, more than ONE (1) YEAR from the date Buyer discovers, or through the exercise of reasonable diligence should have discovered, any cause of action, claim, controversy, or dispute arising out of, under, or in connection with the subject of the Services and/or Software. In no event shall any action, proceeding, or arbitration of any kind whatsoever be brought by Buyer against Cute Order more than TWO (2) YEARS from the date the Services and Software giving rise to the dispute was last provided by Cute Order to Buyer.
  11. Confidentiality. Buyer shall treat the terms of the Agreement, including the Cover Sheet, as strictly confidential and shall not disclose its terms or information except as strictly necessary for its business purposes.
  12. Non-Solicitation. Buyer agrees that it will not during the Current Service Term, and for a period of two (2) years thereafter, solicit for employment, attempt to employ or affirmatively assist any other person or entity in employing or solicit for employment or consulting any employee or consultant of Cute Order.
  13. Severability. If any provision of this Vendor Terms of Use is held by a court of competent jurisdiction or arbiter to be unenforceable for any reason, that provision will be deemed modified to the extent necessary to make it enforceable and the remaining provisions hereof shall be unaffected and remain in full force and effect.