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Last Updated: January 17, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Restaurant," "you," or "your") and MunchHQ ("MunchHQ," "we," "us," or "our") governing your use of the MunchHQ platform, including our website, online ordering system, visual page builder, payment processing, and related services (collectively, the "Platform").
By creating an account, accessing the Platform, or using any of our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Platform.
MunchHQ provides a Software-as-a-Service (SaaS) platform that enables restaurants to:
To use the Platform, you must: (a) be at least 18 years old; (b) have the legal authority to enter into this agreement on behalf of your restaurant; (c) operate a lawful food service business; and (d) comply with all applicable laws and regulations.
You are responsible for maintaining the confidentiality of your account credentials, including your password and admin PIN. You agree to immediately notify us of any unauthorized access or security breach. You are liable for all activities conducted under your account.
You agree to provide accurate, current, and complete information during registration and to update it as necessary. False or misleading information may result in account suspension or termination.
MunchHQ charges the following commission fees on customer orders:
Commission is calculated on the order subtotal (before tax, tip, and delivery fees) and is automatically deducted when payments are processed.
In addition to the platform commission, Stripe charges payment processing fees:
Stripe fees are set by Stripe, Inc. and are subject to change. SeeStripe's pricing pagefor current rates.
Platform access may require a monthly or annual subscription fee, as displayed during checkout. Subscription fees are billed in advance and are non-refundable except as required by law.
All payments are processed through Stripe Connect using the Express Account model. You authorize MunchHQ to create a Stripe Express account on your behalf and to process payments for your restaurant. Customer payments flow directly to your Stripe account, with the platform commission automatically deducted as an application fee.
Payouts from customer orders are deposited into your linked bank account according to Stripe's payout schedule (typically 2 business days for card payments). Payout timing is controlled by Stripe, not MunchHQ.
You are responsible for issuing refunds to customers. Refunds can be initiated through the MunchHQ dashboard. When a refund is issued, Stripe processing fees are not refunded, but the MunchHQ platform commission is refunded to you. You are responsible for ensuring refunds comply with applicable consumer protection laws.
You are responsible for collecting, reporting, and remitting all applicable sales taxes, VAT, and other taxes on customer orders. MunchHQ provides tax calculation tools, but you are solely responsible for tax compliance. Platform fees and Stripe fees are exclusive of taxes unless otherwise stated.
MunchHQ reserves the right to change platform commission rates or subscription fees with 30 days' written notice. Continued use of the Platform after the notice period constitutes acceptance of the new fees.
Delivery services are facilitated through our integration with DoorDash. You acknowledge that DoorDash is an independent third party, and MunchHQ is not responsible for DoorDash's performance, delivery delays, or driver conduct.
DoorDash delivery fees are determined by DoorDash based on distance, demand, and other factors. You may choose to pass these fees to customers or subsidize them. Delivery fees are separate from the platform commission.
You are responsible for ensuring that orders are prepared accurately, packaged securely, and ready for pickup by the delivery driver at the scheduled time. MunchHQ is not liable for order errors, missing items, or food quality issues.
You retain ownership of all content you upload to the Platform, including menu items, photos, videos, descriptions, and branding materials ("Your Content"). You grant MunchHQ a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute Your Content solely to operate and promote the Platform and your restaurant site.
You agree not to upload content that:
The Platform, including all software, designs, trademarks, logos, and documentation, is owned by MunchHQ or our licensors. You may not copy, modify, reverse engineer, or create derivative works of the Platform without our written permission. The MunchHQ name and logo are trademarks of MunchHQ and may not be used without authorization.
If you believe content on the Platform infringes your intellectual property rights, contact us at legal@munchhq.com with a detailed description and proof of ownership.
You agree not to:
We strive to maintain 99.9% uptime, but the Platform is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted or error-free service. Scheduled maintenance will be announced in advance when possible.
We provide email and chat support to active subscribers. Response times vary based on issue complexity and support volume. Emergency support for payment or order processing issues is prioritized.
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUNCHHQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE FEES YOU PAID TO MUNCHHQ IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $500.
MunchHQ is not responsible for the acts, errors, or omissions of third-party service providers, including Stripe (payment processing), DoorDash (delivery), Stack Auth (authentication), Vercel (hosting), or Neon (database). Your use of these services is subject to their respective terms and conditions.
You agree to indemnify, defend, and hold harmless MunchHQ, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any law or third-party rights; (d) customer disputes related to your restaurant; (e) food safety or health code violations; or (f) Your Content.
These Terms begin when you create an account and continue until terminated by either party.
You may cancel your subscription at any time through the Platform dashboard. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.
We may suspend or terminate your account immediately if you: (a) violate these Terms; (b) engage in fraudulent activity; (c) fail to pay fees; (d) violate applicable laws; or (e) harm our reputation or other users. We will provide notice when possible, but immediate termination may occur for serious violations.
Upon termination: (a) your access to the Platform will cease; (b) your restaurant site will be deactivated; (c) outstanding payments will be settled within 60 days; (d) we may delete Your Content after 90 days (unless required to retain it by law). Sections 6.3, 9, 10, 12, and 13 survive termination.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). Arbitration shall take place in Delaware or remotely via video conference. Each party bears its own costs, except the arbitrator may award costs to the prevailing party.
YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, NOT AS A CLASS ACTION, CONSOLIDATED PROCEEDING, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized access to the Platform.
We may modify these Terms at any time by posting the updated version on the Platform. Material changes will be communicated via email to your registered address. Continued use after modifications constitutes acceptance. If you do not agree, you must terminate your account.
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and MunchHQ regarding the Platform.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or successor in connection with a merger, acquisition, or sale of assets.
MunchHQ shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
For questions about these Terms, contact us at:
By using MunchHQ, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms were last updated on January 17, 2025.