Terms and Conditions

Platform Terms (Terms of Service)

Last Revised: January 1, 2025

Thank you for selecting Choose Technologies LLC (“Choose,” “we,” or “us”) as your technology partner. These Platform Terms (the “Agreement”) govern your subscription to and use of our software platform, including any related features, integrations, or services (collectively, the “Platform”).

1. Acceptance

By clicking “I Accept” or by accessing any part of the Platform, you confirm your acceptance of this Agreement on behalf of the entity or organization you represent (“you,” or the “Client”).

2. Service Description

Our Platform enables restaurants to offer direct online ordering, delivery integrations, analytics, loyalty programs, and more. Specific functionality may vary depending on your subscription level or plan.

3. User Accounts

You must create an account to use the Platform. Keep your login credentials confidential; you are responsible for all activity under your account. Notify us immediately if you suspect any unauthorized access.

4. Fees & Payment

1. Subscription Fees: Billed monthly or annually, as indicated in your plan.
2. Transaction/Service Fees: Additional fees may apply for certain features (e.g., online delivery or payment processing).
3. Billing & Refunds: Fees are nonrefundable unless expressly stated otherwise. We may suspend the Platform if payments are overdue.

5. License & Restrictions

We grant you a limited, non-exclusive right to access and use the Platform for internal business purposes. You agree not to sub-license, reverse-engineer, or misuse the Platform.

6. Data & Privacy

You acknowledge and consent to our collection and use of personal information, consistent with our Privacy Policy. You also bear responsibility for handling any Customer data you collect via the Platform in compliance with applicable laws.

7. Intellectual Property

We (and our licensors) retain all proprietary rights to the Platform and related materials, including trademarks, service marks, and copyrights.

8. Disclaimers & Liability

1. No Guarantee: We provide the Platform “as is,” without warranties of any kind.
2. Limitation: Our liability is capped at the amounts paid by you in the preceding 12 months. We are not liable for indirect or incidental damages.

9. Term & Termination

This Agreement begins when you first accept it and continues until terminated. We may suspend or terminate if you breach any term or if we decide to discontinue the Platform.

10. Dispute Resolution

Except where prohibited by law, disputes will be resolved by binding arbitration in accordance with Georgia law. You waive your right to a jury trial or to join a class action against us.

11. Updates

We may update or modify these Platform Terms from time to time. Material changes become effective upon notice to you.

Website Terms of Use

Last Updated: January 1, 2025

Welcome to Choose Technologies LLC’s website at www.choosepos.com (the “Site”). By accessing or browsing the Site, you accept these Terms of Use (“Terms”) and agree to abide by them. If you do not agree, please do not use the Site.

1. Scope & Acceptance

These Terms govern your use of the Site and any content, features, or resources provided on or through it. Additional terms may apply to certain services or products we offer.

2. Eligibility

You must be at least 18 years old (or legally recognized age of majority in your jurisdiction) to use the Site. By using the Site, you represent that you meet this requirement.

3. License to Use

Choose grants you a limited, revocable license to view and interact with the Site solely for personal or internal business purposes. You may not distribute, modify, or reproduce Site materials without written permission.

4. User Conduct

You agree not to:

• Violate any law or regulation while using the Site.
• Introduce harmful code or disrupt the Site’s operation.
• Impersonate any person or entity, or misrepresent your affiliation.

5. Third-Party Links & Content

Our Site may link to external websites or display content from third parties. We do not control or endorse these external resources. Use them at your own risk.

6. Intellectual Property Rights

All materials and content on the Site (text, graphics, logos, etc.) are owned or licensed by Choose. Unauthorized use may violate copyright, trademark, or other laws.

7. Disclaimer of Warranties

We provide the Site and its content on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim any warranties regarding accuracy, reliability, or availability.

8. Limitation of Liability

To the maximum extent allowed by law, Choose is not liable for any indirect, incidental, or consequential damages arising from your use of the Site. Our total liability to you will not exceed $100 or the amount you paid to us in the last 12 months (whichever is greater).

9. Indemnification

You agree to defend and hold us harmless from any claims or damages resulting from your violation of these Terms or misuse of the Site.

10. Changes & Termination

We reserve the right to modify the Site or these Terms at any time. Material changes take effect when posted. We may terminate your access to the Site at our discretion for any reason.

11. Governing Law

These Terms are governed by the laws of the State of Georgia without regard to conflict of law provisions. All disputes will be subject to the exclusive jurisdiction of Fulton County, Georgia.

12. Contact

Choose Technologies LLC
140 Spalding Trace
Sandy Springs, GA 30328
support@choosepos.com

Disclaimer

Effective Date: January 1, 2025

This disclaimer (“Disclaimer”) applies to all materials, information, and services provided by Choose Technologies LLC (“Choose,” “us,” or “we”) on our websites, applications, or other channels.

1. No Financial or Earnings Claims

We make no guarantees regarding the income or financial performance you may achieve by using our products or services. Any examples or success stories are strictly illustrative, and your own results may vary.

2. Assumption of Risk

Your use of our platform or any information we provide is at your own risk. The outcomes depend on variables like your personal circumstances, dedication, and market factors beyond our control.

3. Forward-Looking Statements

Some statements we make may project future prospects using words like “expect,” “anticipate,” or “believe.” These are opinions, not promises, and actual results could differ significantly.

4. Professional Advice

Nothing we present should be interpreted as legal, tax, or financial advice. Always consult qualified professionals before making decisions related to your business, finances, or legal obligations.

5. Limit of Liability

To the fullest extent permissible under applicable law, we will not be held responsible for any direct, indirect, or consequential losses that arise from relying on the information provided in our materials or services.

6. Updates

We may modify this Disclaimer at any time. Revised versions are effective immediately upon posting.

Restaurant Partnership Agreement

Effective Date: January 1, 2025

This Restaurant Partnership Agreement (“RPA”) governs the relationship between Choose Technologies LLC (“Choose,” “we,” or “us”) and the restaurant entity or franchise (“Restaurant,” “you,” or “your”) that wishes to integrate our SaaS platform and services (“Service” or “Platform”).

1. Purpose

Our technology empowers Restaurants with online ordering, payment processing, third-party delivery integrations, and marketing tools. This RPA outlines the terms under which Restaurant can access and use the Service.

2. Onboarding & Setup

• Setup Fees: We may charge initial fees for configuration, branding, or equipment (e.g., tablets, printers).
• Account Creation: You will supply accurate business info, including contact and payment details.

3. Restaurant Obligations

1. Order Fulfillment: You agree to honor Customer orders placed through our Platform with consistency and quality.
2. Food Safety: You will comply with all local, state, and federal regulations related to food preparation, handling, and delivery.
3. Pricing: You bear responsibility for updating menu prices and items; the Platform reflects what you provide.

4. Payments & Fees

• Transaction/Delivery Fees: For each order, we may deduct fees prior to remitting the balance to you.
• Subscription: A recurring subscription fee may apply, charged automatically until canceled.
• Refunds & Chargebacks: You are responsible for managing any refund requests or chargebacks related to your orders.

5. Intellectual Property

• License from Us: We license the Platform’s software, content, and tools to you for the duration of this RPA.
• Business Content: You retain ownership of your branding, logos, menus, and other proprietary assets.

6. Equipment

Any devices (e.g., tablets, printers) loaned by us must be handled with care. Upon termination, return them promptly. If purchased outright, risk of loss passes to you upon shipment.

7. Marketing & Publicity

We may provide marketing materials (decals, flyers). You agree to display them where relevant and to reasonably promote the Service. We may reference your Restaurant name or logo to identify you as a client.

8. Liability & Indemnification

• Disclaimers: We provide the Service “as is.” Any express or implied warranties are disclaimed to the fullest extent permitted by law.
• Limit of Liability: Our maximum liability to you is limited to the total fees you have paid in the 12 months before a claim.
• Indemnity: You agree to indemnify us if a third party brings claims related to your products, services, or breach of laws.

9. Termination

Either party may terminate by giving notice if the other substantially breaches this RPA and does not cure within a specified timeframe. Upon termination, your right to use the Platform ends.

10. Dispute Resolution

Any disputes will be settled by binding arbitration in accordance with Georgia law, unless otherwise required by law. Both parties waive jury trial and class action rights.

11. Modifications

We reserve the right to revise this RPA with reasonable notice to you. Continued use of the Service after any revision becomes effective constitutes acceptance of the changed terms.

12. Contact & Notices

Choose Technologies LLC
140 Spalding Trace
Sandy Springs, GA 30328
Email: support@choosepos.com

Acceptable Use Policy (AUP)

Last Updated: 1st January 2025

1. Introduction

This Acceptable Use Policy (“AUP”) sets forth rules and restrictions for all individuals and entities (“users” or “you”) using the websites, applications, or services (“Services”) provided by Choose Technologies LLC (“Choose,” “we,” “us”).

2. Prohibited Activities

You agree not to use our Services in any manner that:

1. Violates Any Law: Engages in activity illegal under federal, state, or local laws, including but not limited to hacking, fraud, or theft.
2. Harasses or Abuses: Involves harassment, bullying, hate speech, or the targeting of any individual or group.
3. Infringes Rights: Uploads or transmits materials that violate third-party intellectual property or privacy rights.
4. Spams or Phishes: Distributes unsolicited mass messages, spam, or phishing attempts.
5. Interferes with Security: Attempts to gain unauthorized access to systems, introduce malware, or disable security features.
6. Misrepresents or Impersonates: Falsely claims an identity or affiliation to defraud others or conceal the user’s true identity.

3. User-Generated Content

• Responsibility: You alone are responsible for content submitted via our Services (e.g., photos, menu items, or feedback).
• Monitoring: We reserve the right (but are not obligated) to remove or alter content we deem to violate this AUP.

4. Enforcement

• Investigation: We may investigate possible violations of this AUP.
• Actions: At our discretion, we may suspend or terminate accounts and/or remove content that violates these rules.
• Reporting: We may report any unlawful conduct to the appropriate authorities.

5. Changes to AUP

We may revise this AUP at any time. Updated versions take effect upon posting. Continued use after changes signifies acceptance.

Contact Information

Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com

Subscription & Billing Policy

Last Updated: 1st January 2025

1. Overview

This Subscription & Billing Policy (“Policy”) explains how Choose Technologies LLC (“Choose,” “we,” “us”) manages subscriptions, fees, renewals, and billing for our restaurant SaaS platform.

2. Subscription Plans

• Plan Options: We offer various subscription tiers and payment intervals (e.g., monthly or annual).
• Pricing & Fees: All fees and charges, including recurring subscription fees, are published on our website or provided in your service agreement.

3. Billing Cycle & Payment

• Billing Date: Your billing cycle begins on the subscription start date, renewing automatically until canceled.
• Payment Method: You authorize us to charge the credit card or other method linked to your account for all fees when due.
• Failed Transactions: If payment fails, we may suspend or terminate Services until all past-due amounts are settled.

4. Renewals & Cancellation

• Automatic Renewal: Subscription renews at the end of each billing cycle unless canceled beforehand.
• Cancellation: You can cancel anytime via your account settings or by emailing [support@choosepos.com]. Cancellation takes effect at the end of the current billing period.
• Plan Changes: If you upgrade or downgrade, the applicable fees may be pro-rated.

5. Late Payments

We reserve the right to apply late fees or interest on outstanding amounts, in accordance with applicable law. We may also suspend the Services for accounts over 30 days delinquent.

6. Inquiries

For billing or subscription queries, contact:

Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com

Refund & Cancellation Policy

Last Updated: 1st January 2025

1. Introduction

This Refund & Cancellation Policy (“Policy”) outlines the conditions under which Choose Technologies LLC (“we,” “us,” or “our”) processes refunds and manages cancellations for its restaurant SaaS platform.

2. Refund Eligibility

1. Subscriptions: Subscription fees are generally non-refundable. If you cancel during a billing cycle, your account remains active until the cycle concludes, with no partial refund.
2. Setup Fees: Non-refundable once we begin setup or onboarding activities.
3. Hardware Purchases (If Applicable): Refunds or returns may follow separate terms if you purchase tablets or other hardware; see your device documentation.

3. Cancellation Process

• How to Cancel: You can cancel in your account dashboard or by contacting [support@choosepos.com].
• Effective Date: Cancellations apply at the next billing cycle end.
• Plan Downgrades: Handled similarly; any price difference may be reflected in the next billing cycle.

4. Exceptions

We may, at our discretion, grant partial or full refunds due to platform errors or other extraordinary circumstances.

5. Dispute Resolution

If you believe you were charged in error, contact us immediately. Unauthorized chargebacks or disputes without notice may lead to account suspension.

Contact

Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com

Cookie & Tracking Policy

Last Updated: 1st January 2025

1. Purpose

This Cookie & Tracking Policy explains how Choose Technologies LLC (“Choose,” “we,” “us”) uses cookies, web beacons, and similar technologies (“Cookies”) to collect and store information when you visit our websites or use our SaaS platform.

2. Types of Cookies

• Essential Cookies: Necessary for service functionality, security, and user login.
• Analytics Cookies: Help us measure traffic and user interactions (e.g., Google Analytics).
• Functional Cookies: Store user preferences (e.g., language).
• Advertising Cookies (If Used): Track user browsing to deliver tailored ads.

3. How We Use Cookies

• Service Efficiency: Improve performance, remember settings, and streamline user experience.
• Usage Analytics: Understand how users navigate our site to optimize features and content.
• Marketing Efforts: If applicable, measure the success of marketing campaigns.

4. Your Choices

• Browser Settings: You can reject or delete cookies in your browser’s settings. However, some site features may not function if cookies are disabled.
• Third-Party Opt-Out: Some analytics or ad partners provide direct opt-out tools.

5. Updates

We may modify this policy to reflect changes in our cookie usage. Updated versions are effective upon posting.

Contact

Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com

Beta or Pilot Program Terms

Last Updated: 1st January 2025

1. Scope

These Beta or Pilot Program Terms (“Beta Terms”) govern your use of any pre-release (“Beta”) features or services offered by Choose Technologies LLC (“we,” “us,” or “our”).

2. Participation

• Invitation Only: Beta participation is by invitation. You acknowledge the Beta Services may be incomplete or contain bugs.
• Feedback: You agree to provide feedback, which we may use to improve our Services. We own all such feedback.

3. Limited License

We grant you a temporary, non-transferable license to use the Beta Services solely for evaluation. You may not share or disclose Beta features outside your organization.

4. No Guarantees

Beta Services are provided “as is” with no warranties. They may change significantly or be discontinued at any time without liability.

5. Confidentiality

Any non-public information about the Beta Services is confidential. You will not disclose it to third parties without our written consent.

6. Termination

We may end Beta access at our discretion. You may discontinue participation at any time by ceasing all Beta use.

Data Processing Agreement (DPA)

Last Updated: 1st January 2025

(Applies where Choose Technologies LLC processes personal data on behalf of the Restaurant as “Processor.”)

1. Introduction

This Data Processing Agreement (“DPA”) is between Choose Technologies LLC (“Processor”) and the Restaurant or business entity (“Controller”) that uses our platform to collect or handle personal data of its end users.

2. Scope

• Purpose: Processor handles personal data solely for the Services described in your Agreement with us.
• Categories of Data: Typically includes names, contact details, order information, and other details provided by Controller.

3. Processor Obligations

• Instructions: Process data only under Controller’s written instructions or as required by law.
• Security Measures: Implement technical and organizational measures to protect data (encryption, access controls, etc.).
• Sub-Processors: May engage third-party providers (hosting, analytics) that must adhere to similar data-protection standards.

4. Incident Notifications

Processor will notify Controller without undue delay upon discovering a breach of personal data.

5. Data Retention & Return

Upon termination or request, Processor will securely delete or return personal data, unless otherwise required by law.

6. Controller Responsibilities

• Lawful Collection: Ensure data is gathered lawfully, with necessary consents or other bases.
• Instructions: Provide clear processing instructions to Processor.

7. Governing Law & Disputes

This DPA is governed by the same governing law as your main Agreement with us, unless otherwise stated.

Accessibility Statement

Last Updated: 1st January 2025

1. Commitment

Choose Technologies LLC is dedicated to making our website and SaaS platform accessible to individuals of all abilities, in line with recognized standards such as WCAG 2.1.

2. Efforts & Ongoing Work

• Design Principles: We strive for keyboard navigability, proper color contrasts, and semantic HTML structures.
• Periodic Audits: We run accessibility scans to identify and address potential barriers.

3. Feedback

We welcome any suggestions to improve accessibility. Please contact us at:

Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com

4. Third-Party Content

Our platform may embed or link to third-party resources that we do not control. We encourage these third parties to maintain accessibility standards, but we cannot guarantee their compliance.

Security & Incident Response Policy

Last Updated: 1st January 2025

1. Purpose

This Security & Incident Response Policy explains the measures Choose Technologies LLC (“we” or “us”) takes to safeguard data and how we handle potential security incidents.

2. Security Measures

1. Infrastructure Protection: We host our systems in secure data centers with firewalls and intrusion detection.
2. Access Control: Employee access is role-based and granted strictly on a need-to-know basis.
3. Encryption: We encrypt sensitive information during transmission (e.g., TLS) and at rest (where applicable).

3. Incident Detection

• Monitoring: We continuously monitor for suspicious activities.
• Reporting: Users and employees can report potential security incidents to [support@choosepos.com].

4. Incident Response Steps

1. Contain & Investigate: We isolate affected systems, investigate the cause, and assess the scope.
2. Notification: If user data is compromised, we will notify affected parties and relevant authorities as required by law.
3. Remediation: We patch vulnerabilities, restore systems, and strengthen defenses as needed.

5. Post-Incident Review

After significant incidents, we conduct an internal review to improve our security posture.

6. Updates

We may update this Policy to address new risks or operational changes. The latest version is effective upon posting.

Contact for Security Inquiries

Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com