Terms and Conditions
Last Updated: January 16, 2025

This agreement constitutes a legally binding contract between you (“User,” “you,” or “your”) and Payfud LLC (“Payfud,” “we,” “us,” or “our”). By accessing or using our services, you agree to comply with these Terms.

Eligibility and Use of Services:

You must be at least 18 years of age to use our services. By using our services, you warrant that you will not engage in illegal, unauthorized, or prohibited activities.

Scope of Services:

Payfud provides services including, but not limited to:

• Restaurant websites and menu management tools.
• Digital menus, event management, SMS marketing, and loyalty programs.
• Google reviews management, automated feedback requests, and job application tools.
• Table service requests for guests (e.g., server assistance or checkout).
  
  

User Roles and Responsibilities:

• Restaurant Owners: Responsible for payments, compliance, and uploaded content.
• Restaurant Managers and Staff: May access services under the owner’s account.
• Restaurant Customers: Interact with features such as restaurant websites, loyalty programs, and digital menus.

Subscription and Payment:

Payfud offers subscription-based services with Basic and Pro plans.

Failure to remit payment may result in suspension or termination of access to services.

Equipment:

Payfud provides tablets for use during active subscriptions. Tablets must be returned in good condition upon termination of services. Failure to return tablets will result in replacement charges.

Ownership of Content:

Restaurants retain ownership of content they upload but grant Payfud a non-exclusive license to use such content for service delivery.

Any photos or videos provided by Payfud remain the exclusive property of Payfud.

Data Collection and Privacy:

Payfud collects user data, including names, phone numbers, emails, and birthdays. Location data is collected only with explicit consent.

Data pertaining to restaurant customers is shared only with the respective restaurant and is not shared across restaurants.

Opt-Out of Marketing:

Users may opt out of SMS marketing by following provided instructions. Record updates may take up to 60 days.

No Warranties:

Services are provided “as is” and “as available.” Payfud disclaims all warranties, express or implied, including fitness for a particular purpose, non-infringement, and uninterrupted operation.

Limitation of Liability:

To the maximum extent permitted by law, Payfud is not liable for incidental, indirect, or consequential damages, including lost profits. Direct liability, if any, is limited to the amount paid in subscription fees for the most recent month.

Disclaimer of Revenue Guarantees:

Payfud makes no guarantees regarding increased revenue or success. Results depend on various factors, including user implementation and market conditions.

Prohibited Activities:

Users shall not:

• Hack, tamper with, or reverse-engineer Payfud systems.
• Upload malicious content or engage in fraudulent activities.
• Violate laws or third-party rights while using our services.

 

Dispute Resolution Policy:

Binding Arbitration: Any disputes, claims, or controversies arising out of or relating to these Terms, your use of the services, or your relationship with Payfud LLC will be resolved exclusively through binding arbitration. Arbitration is a private dispute resolution process conducted by a neutral third party, rather than a court.

Arbitration Rules and Forum: Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Florida, unless both parties agree to an alternative location. Arbitration proceedings may also be conducted virtually.

Exceptions to Arbitration: You or Payfud LLC may bring a claim in small claims court if the claim falls within the jurisdiction of the small claims court and does not involve a request for injunctive relief. Claims related to intellectual property infringement or violations may also be pursued in a court of law.

Class Action Waiver: All disputes must be resolved on an individual basis. You agree not to bring or participate in a class, collective, or representative action against Payfud LLC. The arbitrator is not authorized to combine claims or preside over any form of a representative or class proceeding.

Governing Law: The arbitration will be governed by the Federal Arbitration Act (FAA) and applicable federal and state laws, without regard to conflicts of law principles.

Opt-Out of Arbitration: You may opt out of this arbitration agreement within 30 days of first agreeing to these Terms by sending written notice to [email protected]. Your opt-out notice must include your full name, contact information, and a statement indicating your intent to opt out of arbitration.

Costs of Arbitration: Each party will bear its own legal fees and costs, except as otherwise required by AAA rules. Payfud LLC may reimburse reasonable arbitration filing fees for claims of less than $10,000, unless the arbitrator determines the claim is frivolous.

Arbitrator’s Authority: The arbitrator shall have the exclusive authority to resolve all disputes, including any issues relating to the enforceability or scope of this arbitration agreement. The arbitrator may award damages or relief consistent with these Terms.

Severability: If any part of this dispute resolution policy is found to be unenforceable, the remaining provisions will remain in full effect.

Termination:

Payfud reserves the right to terminate services for non-compliance, non-payment, or misuse.

Changes to Terms:

We may modify these terms at any time. Continued use of the services constitutes acceptance of the updated terms.

Governing Law:

These Terms are governed by the laws of the state of Florida, without regard to its conflict of laws provisions.

Contact Information:

For inquiries, contact Payfud at [email protected] or mail us at 7901 4TH ST N STE 300
ST. PETERSBURG, FL, 33702.