Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of this business website, restaurant platform, and authorized business integrations (together, the “Services”) operated by Smackz LLC (“Smackz,” “we,” “us,” or “our”). By accessing the Services, joining our waitlist, or otherwise interacting with us through the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. About Smackz and the Services

Smackz provides restaurant technology for branded websites and apps, ordering, kitchen operations, loyalty, communications, and business integrations. Available features depend on your plan and configuration. The business website also provides product information and early-access registration.

A separate signed customer agreement or order form controls where it conflicts with these Terms. Fees, billing frequency, renewal, cancellation, and any refunds are governed by the plan or agreement you accept when purchasing; joining a waitlist does not purchase a subscription. Restaurants are responsible for their menus, prices, fulfillment, refunds, and guest-facing policies.

2. Eligibility

You must be at least 18 years old and able to form a binding contract under applicable law to submit information through the Services. If you submit information on behalf of a business or other entity, you represent that you have the authority to do so.

3. Waitlist & Communications

When you submit our early-access web form, you authorize us to contact you about Smackz using the email address you provide. The form currently requires a US mobile phone number and consent to both transactional and marketing SMS. To inquire about early access without opting into SMS, email sales@smackz.co instead.

You are responsible for keeping the contact information you provide accurate. You may opt out of marketing emails at any time using the unsubscribe link, and you may opt out of SMS at any time by replying STOP to any message. Reply HELP for help. Message frequency varies. Message and data rates may apply.

4. SMS Messaging

By opting into SMS from Smackz you agree to receive transactional, informational, and/or promotional messages related to our products, services, and customer support. These messages may include responses to inquiries, service updates, appointment reminders, and promotional offers.

Message Frequency

Message frequency varies depending on your interaction with our services.

Message & Data Rates

Message and data rates may apply.

Customer Support

For assistance, reply HELP or contact us by visiting our website.

Opt-Out Instructions

You can opt out of receiving SMS messages at any time. Reply STOP to any message to unsubscribe. After you send STOP, you will receive a confirmation message and no more messages will be sent.

5. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Submit false, misleading, or fraudulent information through the Services
• Submit another person’s contact information without their permission
• Attempt to gain unauthorized access to the Services, their systems, or any data we collect
• Probe, scan, or test the vulnerability of the Services, or breach their security or authentication measures
• Use unauthorized automated means to access or scrape the Services; authorized integrations and well-behaved search engine indexing are permitted
• Reverse engineer, decompile, or attempt to extract the source code of any part of the Services
• Interfere with or disrupt the Services, the servers or networks that host them, or other users
• Use the Services to send unsolicited communications, advertising, or spam
• Frame, mirror, or otherwise copy the Services or their content for commercial purposes

6. Intellectual Property

Except for content and business data you or your restaurant provide, the Services and their content, including text, graphics, logos, images, the Smackz name and brand, software, and the overall design, are owned by Smackz or its licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access the Services for your authorized use of the Services, including your restaurant business operations. All other rights are reserved.

7. Third-Party Links

The Services may contain links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party sites. Accessing third-party sites is at your own risk and subject to their terms and privacy policies.

8. Privacy

Our collection and use of information through the Services is described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT INFORMATION ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. ANY DESCRIPTIONS OF THE SMACKZ PLATFORM ON THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE A COMMITMENT TO PROVIDE ANY SPECIFIC FEATURE, FUNCTIONALITY, OR LAUNCH DATE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMACKZ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Smackz and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your access to or use of the Services, (b) your violation of these Terms, or (c) your violation of any rights of another party.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

13. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts. The Services are operated from the United States and are intended for users in the United States.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Effective Date” at the top of this page. If changes are material, we will provide reasonable notice (for example, by email to waitlist subscribers or a notice on the Services). Your continued use of the Services after the new effective date constitutes acceptance of the updated Terms.

15. Miscellaneous

Subject to any separate signed customer agreement or order form described in Section 1, these Terms, together with our Privacy Policy, constitute the entire agreement between you and Smackz regarding their subject matter and supersede prior agreements on that subject. If any provision is held to be unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign them at our discretion.

16. Contact

Questions about these Terms can be sent to:

17. Accounts, Content, and Connected Services

Keep account details accurate, protect your credentials, and authorize only appropriate staff to access your restaurant’s information. Connect only accounts you own or are authorized to manage. You retain ownership of content and business data you provide, and grant Smackz permission to process, host, display, and transmit it as needed to provide the Services and carry out your instructions. You are responsible for having the necessary rights and permissions for that content and for communications sent to your guests.

Connections to Meta, Facebook, Instagram, payment processors, POS systems, and other providers are optional and subject to their permissions and terms. Where enabled, you authorize SMACKZ and its integration providers to access the selected business accounts and perform the actions you request. We do not guarantee a third party’s availability, publishing results, or continued access. Revoking permissions can prevent the connected feature from working. Content already published to a third-party platform may need to be removed there separately.

Contact us about account closure, available data exports, or cancellation under your customer agreement. Deactivation or disconnection does not itself erase stored records. Requests to delete personal information, including information obtained through Meta, are described in our Data Deletion Policy and Privacy Policy. These Terms do not limit rights that cannot be excluded under applicable law.