Terms of Service

1. Service Description

DineByText provides a text message-based ordering platform that enables restaurants and food service businesses ("Customers" or "you") to receive, manage, and respond to customer orders via SMS.

By using DineByText, you receive a dedicated phone number and access to a web-based dashboard for managing text-based orders from your end customers.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of your business to use DineByText.

2.2 Account Creation

To use our service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

2.3 One Account Per Business

Each business location requires its own separate account and subscription.

3. Fees and Payment

3.1 Subscription Fees

DineByText charges a monthly subscription fee of $25.00 plus $0.01 per message sent or received. Fees are subject to change with 30 days' notice.

3.2 Billing

By providing payment information, you authorize us to charge your payment method:

• Monthly subscription fees on the first day of each billing cycle
• Message usage fees based on your actual usage
• Any applicable taxes

3.3 Failed Payments

If payment fails, we may suspend your account until payment is received. You remain responsible for all unpaid fees.

3.4 Refunds

Subscription fees are non-refundable. If you cancel mid-cycle, you retain access until the end of your billing period.

4. SMS Messaging Terms

4.1 Compliance with Law

You agree to comply with all applicable laws and regulations regarding SMS messaging, including:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• FCC regulations
• Cellular carrier guidelines

4.2 Message Content

You are solely responsible for all messages sent through our service. Messages must be:

• Transactional in nature (order confirmations, status updates)
• Related to legitimate business communications
• Not used for spam, marketing (unless explicitly consented), or harassment

4.3 Opt-Out Compliance

You must honor all opt-out requests (e.g., "STOP" messages) immediately and cease sending messages to customers who have opted out.

4.4 Phone Number Assignment

Your assigned phone number is provided for your use during your active subscription. We reserve the right to change or reassign numbers if necessary for technical or regulatory reasons.

5. Acceptable Use

You agree NOT to use DineByText to:

• Send spam, unsolicited marketing, or promotional messages without consent
• Harass, threaten, or abuse others
• Violate any laws or regulations
• Impersonate others or misrepresent your identity
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorized access to our systems
• Send malicious content, viruses, or malware
• Use the service for any illegal purpose

6. Intellectual Property

6.1 Our Rights

DineByText, our logo, and all related content, features, and functionality are owned by us and protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of all messages, order data, and content you submit through our service. By using DineByText, you grant us a limited license to:

• Store and transmit your messages
• Display your content in your dashboard
• Provide the service to you

6.3 Feedback

Any feedback, suggestions, or ideas you provide to us become our property and may be used without compensation to you.

7. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy.

You are responsible for complying with all applicable privacy laws regarding the customer data you collect and process through DineByText.

8. Service Availability

8.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or experience technical issues that affect service availability.

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time, with or without notice.

9. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranties of any kind, either express or implied.

We disclaim all warranties, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or timeliness of the service

We do not guarantee that the service will be error-free, secure, or uninterrupted.

10. Limitation of Liability

To the maximum extent permitted by law, DineByText shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Lost profits or revenue
• Loss of data
• Business interruption
• Loss of goodwill

Our total liability for any claims related to the service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless DineByText and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of the service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your messages or content sent through the service
• Infringement of any third-party rights

12. Termination

12.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

12.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Abuse or misuse the service

12.3 Effect of Termination

Upon termination, your right to use the service ceases immediately. We may delete your account and data. You remain liable for all fees incurred prior to termination.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law provisions.

13.2 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@dinebytext.com.

13.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending you an email notification (for significant changes)

Your continued use of the service after changes take effect constitutes acceptance of the updated Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DineByText regarding the service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.

16. Contact Us

If you have questions about these Terms of Service, please contact us:

DineByText

Email: support@dinebytext.com

Website: DineByText.com