Terms of Service

1. Agreement

These Terms of Service (the "Terms") govern access to and use of the websites, merchant portal, online ordering, branded mobile apps, loyalty, marketing and integration services provided by Real Time Ordering ("RTO," "we," "us" or "our") (together, the "Services"). They apply to restaurants and other businesses that use the Services ("Merchant" or "you") and to anyone using the Services on a Merchant's behalf.

By creating an account, signing an order form, connecting an integration, or otherwise using the Services, you agree to these Terms. If you are accepting on behalf of a business, you confirm that you are authorized to bind that business. If a signed order form or services agreement between you and RTO conflicts with these Terms, the signed agreement controls.

2. The Services

RTO provides software that helps restaurants take and manage orders, including hosted ordering websites, branded apps, a merchant portal (the "Command Center"), loyalty and marketing tools, reporting, and connections to point-of-sale (POS) systems, payment processors and third-party ordering and delivery platforms. Features vary by plan and may change over time. We may add, change or retire features, and we will give reasonable notice before removing a feature you are paying for.

3. Accounts and Security

You are responsible for the accuracy of your account information, for keeping login credentials confidential, and for all activity under your account, including activity by staff you give access to. Notify us promptly at [email protected] if you believe your account has been accessed without authorization.

4. Merchant Responsibilities

You are responsible for your business and for the orders you accept, including:

• the accuracy of your menus, prices, modifiers, item availability, hours, taxes, fees and promotions, whether you enter them directly or they are synchronized from your POS;
• preparing, packaging and fulfilling orders, food safety, allergen information, and compliance with laws that apply to food, alcohol, labeling and consumer protection;
• your own policies toward your customers, including refunds and cancellations; and
• obtaining any consents required for marketing messages you send to your customers through the Services.

5. Third-Party Platforms and Integrations

The Services can connect to third-party services you choose to use, such as ordering and delivery marketplaces (for example DoorDash, Uber Eats and Grubhub), POS systems, and payment processors ("Third-Party Platforms"). When you connect a Third-Party Platform, you authorize RTO to access that account on your behalf and to:

• publish and update your menus, prices, item and modifier availability, store hours and store status (open, paused or closed) on the Third-Party Platform;
• receive orders placed through the Third-Party Platform, transmit them to your POS or to RTO order screens, and confirm, reject, cancel or mark orders ready on your behalf, including automatically where you have enabled automatic acceptance;
• receive order, menu, store and reporting information from the Third-Party Platform, and store the access credentials or tokens needed to maintain the connection.

Your use of each Third-Party Platform remains subject to that platform's own terms and policies, and fees charged by a Third-Party Platform are between you and that platform. RTO does not control and is not responsible for the availability, pricing, policies or conduct of any Third-Party Platform. Because menu updates published through the Services can replace the menu shown on a Third-Party Platform, only one ordering integration should manage a given store on a given platform at a time.

You may disconnect a Third-Party Platform at any time from the Command Center, from the Third-Party Platform, or by contacting us. After disconnection we stop publishing to and accepting orders from that platform for the affected stores. Orders placed before disconnection may still need to be fulfilled.

6. Fees and Payment

Fees for the Services are set out in your order form, your plan as shown during sign-up, or the pricing we publish, and are billed as described there. Unless stated otherwise, fees are exclusive of taxes. Payment processing is provided by third-party payment processors and is subject to their terms. We may suspend Services for accounts that are past due after giving notice.

7. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy. Information about your customers and their orders that is collected through the Services on your behalf is processed to provide the Services to you, including sharing order details with your POS, payment processor and any Third-Party Platform involved in the order. You are responsible for your own use of customer information you receive through the Services and for complying with laws that apply to it.

8. Acceptable Use

You agree not to misuse the Services, including by: violating any law; submitting false, misleading or infringing content; sending unsolicited or non-consented marketing messages; attempting to gain unauthorized access to the Services or other accounts; interfering with or disrupting the Services; reverse engineering the Services except where the law permits; or reselling the Services without our written permission.

9. Intellectual Property

RTO and its licensors own the Services, including all software, designs and documentation. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Services for your business during your subscription. You keep ownership of your content, including your logos, photos, menus and brand, and you grant RTO a license to host, reproduce, display and transmit that content as needed to provide the Services, including publishing it to Third-Party Platforms you connect.

10. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, RTO disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services, or any Third-Party Platform, will be uninterrupted or error-free.

11. Limitation of Liability

To the fullest extent permitted by law, RTO will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business or data, arising out of or relating to the Services, even if advised of the possibility of such damages. RTO's total liability for any claim arising out of or relating to the Services will not exceed the fees you paid to RTO for the Services in the twelve (12) months before the event giving rise to the claim.

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless RTO and its employees, partners and affiliates from claims, losses and expenses, including reasonable attorneys' fees, arising from your products and services, your content, your violation of these Terms or of law, or your dealings with your customers.

13. Term and Termination

These Terms apply for as long as you use the Services. Either party may end the Services as described in your order form or plan. We may suspend or terminate access if you materially breach these Terms or if required by law. On termination, your right to use the Services ends and connected Third-Party Platform integrations are disconnected. Sections that by their nature should survive termination will survive.

14. Copyright Notices

If you believe content on the Services infringes your copyright, send a notice to our Copyright Agent that includes: your physical or electronic signature; a description of the copyrighted work; a description of where the material is located on the Services; your address, telephone number and email address; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.

Copyright Agent: Real Time Ordering, P.O. Box 9512, Brea, CA 92822 · [email protected]

15. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. If any provision of these Terms is found unenforceable, it will be limited to the minimum extent necessary and the rest of these Terms will remain in effect.

16. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date and, for material changes, notify active Merchants by email or in the Command Center. Continued use of the Services after changes take effect means you accept the updated Terms.

17. Contact

Real Time Ordering
2651 E. Chapman Ave, Suite 203
Fullerton, CA 92831
Email: [email protected]
Phone: (866) 932-4782

Effective date: September 30, 2026