AVCO PREMIER SERVICES TERMS

1. Acceptance of Terms

By accessing or using the Avco Premier platform or executing an Order Form, Restaurant agrees to be bound by these Terms. If Restaurant does not agree, Restaurant may not use the Services.

2. Services Provided

Avco provides an AI-powered direct online ordering platform including custom-branded online ordering, mobile application (if applicable), website development or integration, Google ordering integrations, AI-powered marketing automation, SMS marketing tools, order routing tablet, reporting dashboard, onboarding, setup, and support. Services are provided pursuant to an executed Order Form.

3. Merchant Obligations

Restaurant agrees to provide accurate and up-to-date menu information and pricing; honor listed pricing; fulfill orders in a timely and professional manner; comply with all applicable food safety, licensing, and business regulations; maintain secure account credentials; and promptly notify Avco of operational issues affecting order fulfillment. Restaurant is solely responsible for food preparation, quality, safety, delivery (if applicable), and customer service.

4. Fees and Payment

All fees are governed by the applicable Order Form.

Customer Technology Fee: $1.50 per order under $25 and $2.50 per order $25 and above. This fee is paid by the consumer at checkout (not paid by Restaurant).

Payment Processing Fees: Credit card and payment processing fees (including Stripe fees) are paid by the consumer at checkout. Avco does not deduct payment processing fees from Restaurant’s menu revenue.

No Commission Model: Restaurant receives 100% of its listed menu prices. Avco does not charge commissions, percentage-based fees, or payment processing fees to Restaurant on food sales.

Subscription and setup fees are due fifteen (15) days from invoice unless otherwise specified in the Order Form.

Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Avco may suspend services for non-payment without terminating the Agreement.

5. Ownership

Restaurant retains ownership of website domain and content, branded mobile application design, customer data, and Google Business Profile. Avco retains ownership of proprietary software, backend systems, AI technologies, integrations, and platform infrastructure. If services terminate, Restaurant retains its digital assets; however, Avco-powered ordering functionality will cease unless re-integrated with another provider.

6. Data & Privacy

Restaurant represents that it has the legal right to collect and share customer data with Avco for purposes of providing the Services, including SMS marketing where applicable. Avco may use aggregated and anonymized data derived from platform usage to improve services, analytics models, AI systems, and product functionality. Such data will not identify Restaurant or its customers. Each party agrees to comply with applicable data protection and privacy laws.

7. Platform Role Disclaimer

Avco is a technology platform provider only. Avco is not the seller of food, the merchant of record, the food preparer, a delivery provider, or responsible for order fulfillment. Restaurant is solely responsible for food preparation, fulfillment, pricing, refunds (unless otherwise agreed), and customer disputes related to its products.

8. Equipment

Any tablet or hardware provided remains the property of Avco. Upon termination, equipment must be returned within ten (10) business days.

9. Term & Termination

The service term is defined in the applicable Order Form. Avco may suspend or terminate services for non-payment, violation of these Terms, unlawful activity, or if continued service poses operational, reputational, or legal risk. Restaurant may terminate in accordance with the Order Form. Early termination fees may apply.

10. Service Availability

Avco will use commercially reasonable efforts to maintain platform uptime. Downtime caused by internet outages, Google disruptions, payment processor failures, POS provider failures, or force majeure events shall not constitute breach. Service credits, if applicable, are governed by the Order Form.

11. Chargebacks

Restaurant is responsible for chargebacks, disputes, and refunds relating to its orders unless otherwise agreed in writing. Avco may deduct chargeback amounts owed from future settlements if applicable.

12. Mutual Responsibility & Limitation of Liability

Both parties enter this Agreement in good faith with the shared goal of increasing Restaurant’s direct ordering and business performance. Neither party shall be liable for indirect, incidental, special, consequential, exemplary, or punitive damages. Total aggregate liability of either party shall not exceed the total fees paid by Restaurant to Avco during the twelve (12) months preceding the event giving rise to the claim.

13. Mutual Indemnification

Each party agrees to indemnify and hold harmless the other from third-party claims arising from its own negligence, misconduct, breach of these Terms, or violation of applicable law.

14. Dispute Resolution

Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Suffolk County, New York. Each party waives any right to participate in a class action lawsuit against the other.

15. Changes to Terms

Avco may modify these Terms from time to time. Material changes will be communicated via email or platform notification. Continued use of the Services constitutes acceptance of revised Terms.

16. Governing Law

These Terms shall be governed by the laws of the State of New York.

17. Contact Information

For questions regarding these Terms, contact support@avcopremier.com.