Last Updated: November 16, 2024

The following Terms of Service (“Terms” or “Terms of Service”) are a legal agreement between you (“you” or “your”) and Payfud LLC. (“Payfud,” “we,” “us” or “our”) and govern your access to and use of any technology or services supplied by Payfud, which include any websites or any other ways Payfud allows you to engage with us directly or through a Merchant that uses Payfud (collectively, part of the “Services”). Our Services include, but are not limited to, our websites. (our “Websites”); Payfud Interactive Menu, Payfud Marketing.

By accessing and/or using any of the Services, you agree to these Terms and any other policies or terms referenced within or posted throughout the Services, including but not limited to promotion terms, guidelines, as well as any rules or terms applicable to particular features or promotions, which are hereby expressly incorporated into these Terms by reference. You also acknowledge that you have read and understand our privacy policy. 

1. Acceptance of Terms

By accessing or using the Payfud website or services (the “Service”), you agree to comply with and be bound by these Terms and Conditions.

2. Use of the Service

You must be at least 18 years old to use this Service. You agree not to use the Service for any unlawful purpose or in violation of any applicable laws.

3. Interactive Digital Menu

Payfud provides an interactive digital menu for restaurants. By using this feature, you acknowledge that the content, including images, provided by the restaurant is the responsibility of the restaurant owner. Payfud is not liable for the accuracy or legality of the content

4. User Data and Privacy

We collect and save user data, including phone numbers, to facilitate login and optional subscription to restaurant marketing. User data will only be shared with the restaurant if the user agrees to subscribe.

5. Location Data

Payfud uses Google Maps to identify the guest’s location for service requests. By using this feature, you agree to the collection and use of your location data.

6. Restaurant Tablet and Notifications

Restaurants might provide with tablets to use the notifications feature. There is no warranty on these tablets, and Payfud does not provide refunds for any issues related to the tablets.

7. Geographic Scope

Payfud is registered in the state of Delaware, but services are available to customers in other states, including Florida.

8. Prohibited Service Uses

Businesses must use the Service in compliance with all applicable laws. Prohibited actions include but are not limited to: unauthorized use of content, interference with the service’s security, reverse engineering, and illegal use of the service.

9. Indemnity

Business agrees to indemnify and hold Payfud and its affiliates harmless from any claims, liabilities, damages, losses, and expenses arising out of business content, use of the Service, violation of these terms, loyalty programs or promotions, products changes updates, personal injury claims, Gift Card-related claims, or dealings with customers.

10. Changes to Terms and Conditions

Payfud reserves the right to modify or replace these Terms and Conditions at any time. Your continued use of the Service after any changes constitutes acceptance of the new Terms and Conditions

11. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the state of Delaware.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO BUSINESS’S USE OR INABILITY TO USE THE SERVICE, TABLETS, PRINTERS, OR ANY PAYFUD CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO BUSINESS. IN NO EVENT WILL THE RELEASED PARTIES’ TOTAL LIABILITY TO BUSINESS FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY), EXCEED THE AMOUNTS PAID BY RESTAURANT TO PAYFUD PURSUANT TO THIS RPA IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO BUSINESS, BUT IN SUCH A CASE, THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

13. Third Party Disputes

Payfud is not responsible for any disputes or disagreements between Business and any third party, such as a Customer, that Business interacts with using the Service. Business assumes all risk associated with dealing with third parties. Business agrees to resolve disputes directly with the other party. Business hereby releases Payfud of all claims, demands, and damages in disputes among users of the Service. Business also agrees not to involve Payfud in such disputes.

14. Dispute Resolution and Arbitration

14.1 Generally.

Except as described in Section 23.2 (Exceptions) and 23.2 (Opt-Out), Business and Payfud agree that every dispute arising in connection with this RPA, the Service, or communications from Payfud will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this RPA. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. BUSINESS UNDERSTANDS AND AGREES THAT, BY ENTERING INTO THIS RPA, BUSINESS AND PAYFUD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

14.2 Exceptions.

Although the parties are agreeing to arbitrate most disputes between themselves, nothing in this RPA will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

14.3 Opt-Out.

If Business does not wish to resolve disputes by binding arbitration, Business may opt out of the provisions of this Section 23 (Dispute Resolution and Arbitration) within 30 days after the date that Business agrees to this RPA by sending a letter to Payfud.com, LLC., that specifies: Business’s full legal name, the email address associated with Business’s account on the Service, and a statement that Business wishes to opt out of arbitration (“Opt-Out Notice”). Once Payfud receives Business’s Opt-Out Notice, this Section 23 (Dispute Resolution and Arbitration) will be void and any action arising out of this RPA will be resolved as set forth in Section 24.1 (Governing Law). The remaining provisions of this RPA will not be affected by Business’s Opt-Out Notice.

14.4 Arbitrator.

This arbitration agreement, and any arbitration between the parties, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this RPA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Payfud.

14.5 Commencing Arbitration.

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, Business or Payfud may commence an arbitration proceeding. If Business commences arbitration in accordance with this RPA, Payfud will reimburse Business for its payment of the filing fee, unless Business’s claim is for more than US$10,000 or if Payfud has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA Rules.

14.6 Arbitration Proceedings.

Any arbitration hearing will take place in the county and state of Business’s billing address unless the parties agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), Business may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of Business’s billing address. During the arbitration, the amount of any settlement offer made by Business or Payfud must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

14.7 Arbitration Relief.

Except as provided in Section 23.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards Business an amount higher than the last written settlement amount offered by Payfud before an arbitrator was selected, Payfud will pay to Business the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

14.8 No Class Actions.

BUSINESS AND PAYFUD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN BUSINESS’S OR PAYFUD’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Business and PAYFUD agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

14.9 Modifications to this Arbitration Provision.

If Payfud makes any substantive change to this arbitration provision, Business may reject the change by sending Payfud written notice within 30 days of the change to Payfud’s address for Notice of Arbitration, in which case Business’s account with Payfud will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes Business rejected will survive.

14.10 Enforceability.

If Section 23.8 (No Class Actions) or the entirety of this Section 23 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Payfud receives an Opt-Out Notice from Business, then the entirety of this Section 23 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 24.1 (Governing Law) will govern any action arising out of or related to this RPA.

15. General Terms

15.1 Governing Law.

This RPA and the relationship between Business and Payfud will be governed by the laws of the state of Delaware without regard to its conflict of laws provisions that would result in the application of the laws of another jurisdiction. Business and Payfud submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for resolution of any lawsuit or court proceeding permitted under this RPA.

15.2 Assignment.

Business may not assign this RPA or any of the rights or licenses granted hereunder, directly or indirectly, without the prior written consent of Payfud. This means that, if Business purchases a Tablet, in the event Business disposes of that Tablet, such as by sale or gift, Business is responsible for deleting Payfud Content and other Service-related content from that Tablet prior to such disposition. Payfud may assign this RPA, including all its rights hereunder, in whole or in part, without restriction. Any assignment made in violation of this RPA is void. This RPA will be binding upon, and inure to the benefit of, Payfud, Business, and their respective successors and permitted assignees.

15.3 Consent to Electronic Communications.

By using the Service, Business consents to receiving certain electronic communications from Payfud as further described in the Privacy Policy. Business agrees that any notices, agreements, disclosures, or other communications that Payfud sends to Business electronically will satisfy any legal communication requirements, including that such communications be in writing.

15.4 Jurisdictional Matters.

The Service is controlled and operated by or on behalf of Payfud from its offices within the state of Delaware. Payfud makes no representation that materials on the Service are appropriate or available for use in other locations. If Business chooses to access or use the Service from other locations, including from outside the United States of America, Business does so on its own initiative and is responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.

15.5 Additional Terms.

This RPA, together with the Privacy Policy, the Pricing Page, and Business’s commitments to Payfud regarding the acquisition of Tablets, Printers, or other goods or services in connection with this RPA, any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between Business and Payfud regarding Business’s use of and access to the Service and all Payfud Content and except as expressly permitted herein may be amended only by a written agreement signed by Business and an authorized representative of Payfud that references this RPA. The failure to require performance of any provision will not affect Payfud’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this RPA or any provision of this RPA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of this RPA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

15.6 Interpretation.

Use of section headers in this RPA is for convenience only and will not have any impact on the interpretation of particular provisions. For purposes of this RPA: (i) the words “include,” “includes” and “including” will be deemed to be followed by the words “without limitation”; (ii) the words “such as”, “for example” “e.g.” and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; (iii) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive; (iv) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this RPA as a whole; and (v) words denoting the singular have a comparable meaning when used in the plural, and vice-versa. References to “$” and “dollars” are to the currency of the United States of America. Any law defined or referred to herein means such law as from time to time amended, modified or supplemented, including (in the case of statutes) by succession of comparable successor laws.

15.7 Contacting Payfud.

Businesses can contact Payfud by email at [email protected]

16. Cancellation and Refund Policy

To cancel a subscription plan, businesses must notify Payfud by emailing [email protected] at least 30 days prior to the renewal date. Cancellations made less than 30 days before the renewal date will not prevent the subscription from renewing for the next term.

Please note that all fees paid, including set-up fees and subscription plan payments, are non-refundable. This applies regardless of whether the service is canceled before the end of the billing cycle. By using Payfud’s services, you agree to these terms and acknowledge that no refunds will be issued under any circumstances.