Merchant Agreement

URL: /merchant-agreement
Last Updated: [Month Day, Year]

This Merchant Agreement applies to restaurants, merchants, business owners, and authorized representatives who subscribe to or use VIDO Food products and services provided by VIDO LLC (“VIDO,” “we,” “us,” or “our”).

By signing up for, purchasing, or using VIDO Food merchant services, Merchant agrees to this Merchant Agreement.

1. Services

VIDO Food may provide one or more of the following services:

– POS software
– Online ordering
– Order Manager app
– Kiosk ordering
– Gift card tools
– Store dashboard
– Menu management
– Printer setup support
– Customer notifications
– Reports
– Payment-related integrations
– Hardware configuration support
– Technical support

Available services depend on Merchant’s selected plan, hardware, payment setup, location, and service configuration.

2. Merchant Responsibilities

Merchant is responsible for:

– Providing accurate business information
– Maintaining menu prices, taxes, fees, modifiers, descriptions, and item availability
– Preparing and fulfilling customer orders
– Handling food quality, pickup, delivery, refunds, and customer complaints
– Training staff to use the system properly
– Keeping login credentials secure
– Maintaining internet connection and compatible hardware
– Complying with food safety, tax, privacy, marketing, payment, labor, and consumer protection laws
– Reviewing orders, payments, refunds, and reports for accuracy

3. Subscription Fees and Charges

Merchant agrees to pay all applicable subscription fees, setup fees, add-on fees, usage fees, hardware fees, support fees, and other charges described in the selected plan, invoice, order form, or written agreement.

Fees may include:

– Monthly software fee
– Setup fee
– Additional device fee
– Additional location fee
– Online ordering usage fee
– SMS or notification usage fee
– Gift card or payment-related add-on fee
– Hardware or printer setup fee
– Custom development or support fee

Unless otherwise stated in writing, setup fees, hardware fees, custom work, and already-used service fees are non-refundable.

4. Online Order Usage

If Merchant uses online ordering, certain plans may include a monthly online order allowance. Additional usage may result in additional fees or require a plan upgrade.

Online order limits are designed to support fair usage and system reliability. VIDO will not intentionally block customer orders solely because Merchant exceeds the plan’s expected monthly volume, but VIDO may request a plan upgrade or apply additional usage charges.

5. SMS and Email Notifications

VIDO Food may send transactional notifications for order updates, receipts, gift cards, account access, and billing.

Essential order notifications may be included depending on the plan. Marketing SMS is not included unless Merchant purchases a marketing SMS add-on.

Merchant is responsible for ensuring that marketing messages are sent only with proper consent where required by law. Merchant must not use VIDO Food to send spam, misleading messages, or unlawful promotions.

6. Payment Processing

VIDO Food may integrate with third-party payment processors, gateways, terminals, or merchant services. Merchant is responsible for maintaining an active merchant account and complying with processor requirements.

VIDO is not responsible for payment processor approval, chargebacks, declined transactions, settlement delays, processor outages, or fees charged by third-party payment providers.

Merchant must review all payment activity, refunds, voids, settlements, and chargebacks.

7. Refunds, Voids, and Cancellations

Merchant is responsible for its own customer refund and cancellation policy.

For online orders paid through a supported payment gateway, VIDO Food may provide tools to void or refund payments where technically supported. Merchant remains responsible for verifying that refunds or voids were completed successfully.

8. Gift Cards

If Merchant uses VIDO Food gift card tools, Merchant is responsible for honoring valid gift card balances, managing customer disputes, and complying with applicable gift card laws.

VIDO Food may provide gift card ledger and balance tools, but Merchant remains responsible for store-level gift card policies and compliance.

9. Hardware, Printers, and Network

Merchant is responsible for compatible hardware, payment terminals, printers, network configuration, internet connection, paper, labels, cables, and device maintenance unless otherwise agreed in writing.

VIDO may assist with setup, but hardware availability and printer performance may depend on third-party devices, local networks, manufacturers, app stores, and internet providers.

10. Support

VIDO provides support based on Merchant’s selected plan. Support may include onboarding, setup assistance, troubleshooting, and technical guidance.

Support does not include unlimited custom development, unrelated IT support, hardware replacement, network repair, internet repair, or third-party service support unless agreed separately.

11. Data

Merchant owns its restaurant business data, menu data, and customer order data. VIDO may process data to provide services, improve products, prevent fraud, provide support, maintain security, and comply with legal obligations.

Merchant must ensure it has the right to upload and process customer data through VIDO Food.

12. Account Security

Merchant is responsible for controlling staff access, assigning proper permissions, disabling former staff accounts, and protecting passwords or login credentials.

VIDO is not responsible for losses caused by Merchant’s failure to secure its accounts, devices, networks, or staff access.

13. Term and Cancellation

Subscription terms may be monthly, annual, or custom based on the selected plan, invoice, or written agreement.

Merchant may cancel according to the selected plan or written agreement. Cancellation does not automatically refund setup fees, hardware fees, custom work, or already-used service fees.

VIDO may suspend or terminate service for non-payment, misuse, security risk, illegal activity, violation of agreement, chargeback abuse, or harmful behavior.

14. Service Changes

VIDO may update features, pricing, plans, or technical requirements. VIDO will provide notice where required or commercially reasonable.

15. Limitation of Liability

To the fullest extent permitted by law, VIDO LLC is not responsible for indirect, incidental, special, consequential, or punitive damages, including lost sales, lost profits, lost orders, lost data, payment delays, chargebacks, internet outages, printer failures, hardware failures, or third-party service issues.

16. Contact

VIDO LLC
Website: https://vidofood.com
Email: legal@vidofood.com
Phone: (800) 652-8234