Restaurant Agreement

KitchenRush is a multi-tenant software platform that gives restaurants tools to run their business — including online ordering, menu and catalog management, a hosted website, customer messaging and marketing, analytics, and connections to third-party services. By creating an account, accepting this Agreement electronically, or using the platform, the individual accepting on the Restaurant’s behalf represents that they are authorized to bind the Restaurant, and the Restaurant agrees to this Agreement.

Ali’s Industries grants the Restaurant a limited, non-exclusive, non-transferable, revocable license to access and use KitchenRush during the term, solely for operating the Restaurant’s own business. This is a license to use software as a service; it is not a sale of the platform or any part of it. The Restaurant operates as an independent business. Nothing in this Agreement creates a partnership, joint venture, franchise, agency, or employment relationship between the Restaurant and Ali’s Industries.

The Restaurant’s subscription plan, features, and pricing are presented at signup and in the owner console. Unless stated otherwise, subscriptions are billed in advance and automatically renew on a monthly basis until cancelled. You may cancel renewal at any time before the next renewal date through your account settings or by contacting support; cancellation stops future renewals and takes effect at the end of the then-current billing period.

Any one-time setup fees, onboarding fees, or equipment fees are non-refundable once the corresponding work has begun or the equipment has shipped, except as required by law. Subscription fees already paid are non-refundable except as required by law. We may change pricing or plan features on a going-forward basis with at least 30 days’ advance notice; if you do not agree to a price change, your remedy is to cancel before the change takes effect. The Restaurant is responsible for keeping a valid payment method on file, and for all applicable taxes on subscription fees.

Customer payments for orders placed through the platform are processed by Stripe (or another payment processor we designate). Ali’s Industries and its payment processor collect funds from the Restaurant’s customers and remit the proceeds to the Restaurant net of applicable platform fees and payment-processing fees, on the payout schedule described in our Payout Terms and the processor’s terms. The Restaurant must complete the processor’s onboarding and verification (including identity and bank information) to receive payouts, and the processor’s connected-account terms apply to that relationship.

The Restaurant bears all refunds, chargebacks, and payment disputes relating to its orders, including any associated fees imposed by the processor or card networks. Ali’s Industries is not responsible for funding refunds or covering chargebacks on the Restaurant’s behalf. Where a refund, chargeback, dispute, fee, or other amount is owed to us or our processor, you authorize us to deduct or set off that amount against payouts owed to you or to charge your payment method on file. If your account is delinquent or your payouts are insufficient to cover amounts owed, the outstanding balance remains your responsibility and may be pursued as a debt.

The Restaurant is solely responsible for setting its own menu prices and for determining, collecting, reporting, and remitting all applicable taxes, including sales, use, meals, and similar taxes. KitchenRush may provide tools to help calculate or display taxes and fees, but the Restaurant is responsible for configuring them correctly and for the accuracy of the amounts charged.

The Restaurant is responsible for complying with all consumer-pricing and fee-disclosure laws applicable to its business, including “junk fee” / drip-pricing and mandatory-fee disclosure requirements. The Restaurant must clearly and accurately disclose any mandatory fees, surcharges, service charges, and gratuity policies to customers as required by law. Ali’s Industries does not provide tax or legal advice, and the Restaurant should consult its own advisors.

The Restaurant is solely responsible for its food and operations, including food safety, preparation, handling, storage, quality, and packaging; the accuracy and completeness of its menu, item descriptions, ingredient lists, and allergen information; and the timely and accurate fulfillment of orders.

The Restaurant must hold and maintain all licenses, permits, registrations, and insurance required to operate its business and must operate in compliance with all applicable laws and regulations, including health, food-safety, labor, and consumer-protection laws. The Restaurant may not use the platform to sell prohibited, illegal, or unsafe goods. The Restaurant may sell age-restricted goods such as tobacco or alcohol only where it is separately and lawfully licensed to do so and only in compliance with all applicable age-verification and point-of-sale requirements; the Restaurant assumes full responsibility for such sales.

The Restaurant retains ownership of the content it provides to the platform, including its business name, logos, menu, photos, descriptions, and other materials (collectively, “Restaurant Content”). The Restaurant grants Ali’s Industries a non-exclusive, worldwide, royalty-free license to host, display, reproduce, adapt for formatting, and otherwise use Restaurant Content as needed to operate, provide, secure, and promote the platform and the Restaurant’s storefront — including the right to use the Restaurant’s name and logo to identify it as a KitchenRush customer in marketing and case studies, which the Restaurant may opt out of by contacting support.

The Restaurant represents that it owns or has the rights to all Restaurant Content and that its use on the platform does not infringe any third-party rights. A “Powered by KitchenRush” attribution may appear on the Restaurant’s storefront and related pages.

If the Restaurant uses the platform’s SMS or email messaging and marketing tools, the Restaurant is solely responsible for the messages it sends and warrants that it has obtained valid, lawful opt-in consent for every recipient before sending marketing or promotional messages. The Restaurant must comply with all applicable laws and standards governing electronic communications, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and 10DLC registration and carrier requirements, and must honor opt-out and unsubscribe requests promptly.

The Restaurant must maintain records of consent and provide them to us on request. Ali’s Industries provides the messaging tooling but is not responsible for the Restaurant’s messaging content, audience, or consent practices, and the Restaurant assumes full liability for its own messaging. We may suspend messaging features for any account that we reasonably believe is violating these requirements or generating excessive complaints.

Ali’s Industries designs the KitchenRush platform with the goal of conforming to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a target standard. The Restaurant is responsible for the content and design choices it makes within the tools we provide — for example, the images, colors, text, and copy it uploads — and for ensuring its own content and any third-party materials it adds remain accessible. The Restaurant remains responsible for its own compliance obligations, including under the Americans with Disabilities Act (ADA) and similar laws.

Ali’s Industries owns and retains all right, title, and interest in and to the KitchenRush platform, including its software, source code, design, user interfaces, features, documentation, and the KitchenRush and Ali’s Industries names, logos, and trademarks. Except for the limited license granted in Section 1, no rights in the platform are transferred to the Restaurant. The Restaurant may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the platform, or remove any proprietary notices, except as permitted by law. Any feedback the Restaurant provides may be used by us without restriction or obligation.

This Agreement begins when the Restaurant first accepts it or uses the platform and continues until terminated. Either party may terminate this Agreement: the Restaurant by cancelling its subscription and ceasing use of the platform, and Ali’s Industries for any reason on reasonable notice, or immediately if the Restaurant breaches this Agreement, fails to pay amounts owed, or engages in conduct that we reasonably believe is unlawful or harmful to the platform, its users, or third parties.

Upon termination, the Restaurant’s license and right to access the platform end, and we will make the Restaurant’s data available for a reasonable export period before deletion in accordance with our Privacy Policy. Termination does not relieve the Restaurant of amounts already owed. The following provisions survive termination: fees and amounts owed, Content & License (as to use already made), Intellectual Property, Indemnification, Disclaimer / Limitation of Liability, Binding Arbitration & Class-Action Waiver, and Governing Law.

The Restaurant agrees to defend, indemnify, and hold harmless Ali’s Industries and its officers, directors, employees, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the Restaurant’s food or products, including claims of foodborne illness, allergic reaction, contamination, or personal injury; (b) the Restaurant’s non-compliance with any law or regulation, including tax, pricing and fee-disclosure, messaging (TCPA / CAN-SPAM / 10DLC), licensing, and accessibility (ADA) requirements; (c) Restaurant Content and the Restaurant’s use of customer data; and (d) the Restaurant’s acts or omissions in operating its business through the platform.

The platform is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the platform will be uninterrupted, secure, or error-free.

To the maximum extent permitted by law, Ali’s Industries 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 this Agreement or the platform. Ali’s Industries’ aggregate liability for any and all claims arising under or relating to this Agreement will not exceed the total fees paid by the Restaurant to Ali’s Industries in the twelve (12) months preceding the event giving rise to the claim.

Please read this section carefully — it affects your legal rights. Except for the carve-outs below, the Restaurant and Ali’s Industries agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the platform will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules then in effect. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action and jury-trial waiver. The Restaurant and Ali’s Industries each waive the right to a trial by jury and agree that disputes will be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

30-day right to opt out. The Restaurant may opt out of this arbitration provision within 30 days of first accepting this Agreement by emailing support@kitchenrush.app with the subject line “Arbitration Opt-Out” and the Restaurant’s name and account email.

Carve-outs and venue. Either party may bring an individual action in small-claims court within that court’s jurisdiction, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information. The seat and venue of any arbitration, and of any permitted court action, will be Harris County, Texas, unless applicable law requires otherwise.

This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to the arbitration provision in Section 13, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas.

Questions about this Agreement can be sent to support@kitchenrush.app.