Restaurant Owner Terms of Service

1. Acceptance of Terms

These Restaurant Owner Terms of Service ("Terms") are a legally binding agreement between you, the restaurant owner or authorized representative ("Owner," "you," or "your"), and Types LLC, a California limited liability company doing business as OmNom ("OmNom," "we," "us," or "our"). By registering your restaurant on the OmNom platform — including our website, mobile applications, and any related services (collectively, the "Platform") — you agree to these Terms.

2. Description of Service

OmNom provides restaurants with an online ordering platform that includes:

• A customizable restaurant landing page and storefront.
• An online menu and ordering system for customers.
• Integration with Stripe for electronic payment processing (cards, Apple Pay, Google Pay, and supported cryptocurrency options).
• An order management dashboard for receiving and managing incoming orders.

OmNom is a technology platform. We do not participate in the preparation, sale, or delivery of food. You are the merchant of record for all customer transactions.

3. Eligibility

To register as a restaurant owner on OmNom, you must:

• Be at least 18 years of age.
• Be legally authorized to operate a food service business in your jurisdiction.
• Maintain all licenses, permits, and certifications required by applicable law for your food service operation.
• Have the authority to bind the restaurant entity to these Terms.

By registering, you represent and warrant that all of the above conditions are met and will remain met throughout your use of the Platform.

4. Account & Stripe Connect Setup

To receive payments through OmNom, you must create and maintain a Stripe Connected Account. By connecting your Stripe account, you agree to:

• The Stripe Connected Account Agreement.
• Provide accurate and complete business and banking information to Stripe.
• Maintain your Stripe account in good standing.

OmNom assists with the Stripe onboarding process but is not responsible for Stripe's approval, account decisions, holds, or any actions Stripe takes regarding your account. Your relationship with Stripe is governed by Stripe's own terms and policies.

5. Platform Fees

• Platform fee: 1% of the transaction total.
• Stripe processing fees: Standard Stripe fees apply (set by Stripe, not OmNom). These are separate from and in addition to the OmNom platform fee.
• No hidden fees: OmNom does not charge setup fees, monthly fees, or cancellation fees unless separately agreed to in writing.

OmNom reserves the right to change the platform fee with at least thirty (30) days' written notice. Continued use of the Platform after the fee change takes effect constitutes your acceptance of the new fee.

6. Payment Processing

Key details about how payments work on OmNom:

• You are the merchant of record. Customer payments are made to your restaurant, not to OmNom.
• OmNom does not hold funds. Payments flow from the customer through Stripe directly to your connected Stripe account, minus applicable fees.
• Settlement timing is determined by Stripe and your Stripe account settings. OmNom does not control when funds are deposited into your bank account.
• Chargebacks and disputes from payment processors are your responsibility. OmNom may provide transaction data to assist, but you are ultimately responsible for responding to and resolving chargebacks.

7. Menu & Pricing

You are solely responsible for:

• The accuracy and completeness of your menu, including item names, descriptions, prices, photos, allergen information, and nutritional data.
• Keeping your menu current and reflecting actual availability.
• Setting prices that comply with applicable laws and regulations.
• Ensuring that all content you upload complies with applicable food labeling and disclosure laws.

OmNom does not verify or endorse the accuracy of any menu content you provide.

8. Order Fulfillment

Once a customer places an order through your OmNom storefront:

• You are responsible for accepting, preparing, and fulfilling the order in a timely manner.
• You must maintain the quality, safety, and hygiene standards required by applicable food safety laws.
• Pickup orders must be made available to customers within a reasonable time of the estimated preparation time you set.
• When delivery is available, you are responsible for delivering the order or coordinating delivery through your own systems.

OmNom is not responsible for any aspect of food preparation, quality, safety, or delivery.

9. Refunds & Disputes

As the merchant of record, you are solely responsible for handling all customer refunds and order disputes. This includes:

• Issuing refunds for incorrect, missing, or unsatisfactory orders.
• Responding to customer complaints regarding their orders.
• Managing chargeback disputes initiated through payment processors.

OmNom does not mediate, authorize, or process refunds on your behalf. You agree to handle refund requests promptly and in accordance with applicable consumer protection laws.

10. Restaurant Content & Intellectual Property

By uploading content to OmNom — including your restaurant name, logo, menu items, descriptions, and photos ("Restaurant Content") — you grant OmNom a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute your Restaurant Content solely for the purpose of operating and promoting the Platform and your restaurant's presence on it.

You represent and warrant that you own or have the right to use all Restaurant Content you upload, and that it does not infringe on any third party's intellectual property rights.

You retain full ownership of your Restaurant Content. Upon termination of your account, OmNom will cease displaying your Restaurant Content within a commercially reasonable time.

11. Data & Customer Information

When customers place orders at your restaurant through OmNom, you will receive the customer information necessary to fulfill orders (such as name and order details). You agree to:

• Use customer information only for the purpose of fulfilling orders and communicating about those orders.
• Not sell, share, or use customer information for unrelated marketing or any unlawful purpose.
• Comply with all applicable data protection and privacy laws regarding customer information.

OmNom's collection and use of data is governed by our Privacy Policy.

12. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OmNom disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that it will meet your specific business requirements.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMNOM AND TYPES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES arising out of or in connection with your use of the Platform, including but not limited to lost profits, lost revenue, lost business opportunities, or business interruption.

OmNom's total aggregate liability for all claims arising under these Terms shall not exceed the total platform fees paid by you to OmNom in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal dispute resolution, you agree to first contact us at support@omnom.monster and attempt to resolve the dispute informally for at least thirty (30) days.

14.2 Binding Arbitration

If the dispute cannot be resolved informally, you and OmNom agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Sacramento County, California.

14.3 Small Claims Exception

Either party may bring an individual action in small claims court if the claim falls within the court's jurisdictional limits.

14.4 Class Action Waiver

YOU AND OMNOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15. Termination

Either party may terminate this agreement at any time, for any reason:

• By you: You may deactivate your restaurant account at any time by contacting us. You remain responsible for any outstanding obligations, including fulfilling pending orders and resolving open refund or chargeback disputes.
• By OmNom: We may suspend or terminate your account at any time, with or without cause, at our sole discretion. We will make reasonable efforts to notify you, but are not obligated to do so.

Upon termination, your access to the Platform and order management tools will cease. Sections that by their nature should survive termination shall survive, including Sections 9, 12, 13, 14, and 16.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. To the extent any court proceeding is permitted, you consent to the exclusive jurisdiction of the state and federal courts in Sacramento County, California.

17. Changes to These Terms

OmNom reserves the right to modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes by updating the Effective Date and notifying you via the Platform or email. Your continued use of the Platform after the updated Terms take effect constitutes your acceptance.

18. Contact Information