Terms of Service

Kitchra provides software for restaurants — including a branded online-ordering site, kitchen and prep displays, and back-office tools for menu, stock, staff, guests and finances. We may add, change, or discontinue features over time. The Service is a set of tools; you remain responsible for how you run your Restaurant.

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for your account, for keeping your credentials secure, and for all activity under your account. You agree to provide accurate, current information and to keep it up to date. Notify us promptly of any unauthorized use.

Paid plans are billed in advance at the price and interval shown when you subscribe, and renew automatically for successive periods until cancelled. Kitchra charges no commission on your orders. You can cancel a plan at any time from your account; cancellation takes effect at the end of the current billing period, and the Service continues until then.

Any free trial converts to a paid plan only if you choose one; we will make the trial terms clear at signup. Prices may change, and we will give reasonable advance notice of a change that affects you. Fees are exclusive of taxes, which you are responsible for where applicable. Except where required by law, fees are non-refundable.

Subscription payments are processed by a third-party payment processor (e.g., Stripe) under its own terms and privacy policy; we do not store your full card details. Diners who order from your site pay you directly (for example, on pickup or delivery) — the Service does not process diner card payments on your behalf.

You retain all rights to the content and data you provide or generate through the Service — your menu, orders, guests, staff records, and business information (“Your Data”). You grant us a limited, non-exclusive license to host, process, and display Your Data solely to provide, secure, and improve the Service for you and as described in our Privacy Policy. As between you and us, guest and order data belongs to your Restaurant; we act as your service provider in handling it. You can export Your Data while your account is active.

You agree not to: (a) use the Service to violate any law or third party’s rights; (b) upload unlawful, infringing, or harmful content; (c) send unsolicited or unlawful messages to guests; (d) probe, scan, disrupt, or reverse-engineer the Service, or attempt to access data that is not yours; (e) resell or provide the Service to third parties except your own Restaurant’s operation; or (f) use the Service to build a competing product. We may suspend accounts that do.

You are responsible for your relationship with your guests, including your own pricing, order fulfillment, food safety, allergen and labeling information, refunds, and any notices or consents your guests are entitled to under applicable law (including for marketing messages you send through the Service). The Service gives you tools to operate; it does not make you compliant on its own.

The Service integrates with or relies on third parties — for example payment processing, hosting, email and SMS delivery, and (where you connect them) point-of-sale or delivery providers. Your use of those services is subject to their terms, and we are not responsible for them. Some integrations may be described as “beta” or “coming soon,” and are provided as-is.

The Service, its software, and its branding belong to Kitchra Inc. and its licensors. These Terms do not transfer any of our intellectual property to you beyond the limited right to use the Service. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

To the maximum extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that it will meet your requirements.

To the maximum extent permitted by law, Kitchra Inc. and its suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim.

You will defend, indemnify, and hold harmless Kitchra Inc. from and against claims, damages, and reasonable expenses (including legal fees) arising from Your Data, your use of the Service, your relationship with your guests, or your breach of these Terms or applicable law, except to the extent caused by our own gross negligence or willful misconduct.

You may stop using the Service and cancel at any time. We may suspend or terminate access if you materially breach these Terms, fail to pay, or use the Service in a way that risks harm to the platform or others; where practical, we will give notice and an opportunity to cure. On termination, your right to use the Service ends; you may export Your Data for a reasonable period afterward, after which we may delete it in the ordinary course.

We may update these Terms from time to time. If a change is material, we will provide notice in-app or by email before it takes effect. Your continued use of the Service after a change becomes effective means you accept the updated Terms.

These Terms are governed by the laws of the United States and the State in which Kitchra Inc. is organized, without regard to conflict-of-laws principles. The courts located there will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, and you consent to their jurisdiction and venue, except that either party may seek injunctive relief in any court of competent jurisdiction.

These Terms, together with our Privacy Policy and any plan terms, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our consent. Our failure to enforce a provision is not a waiver. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Questions about these Terms? Email support@kitchra.com.