Agreement to Terms
These Terms of Service ("Terms," "ToS," or "Agreement") constitute a legally binding agreement between you and Volt, Inc. ("Volt," "we," "us," or "our") governing your access to and use of:
- Volt's point-of-sale (POS) system software
- Web-based admin panel and management dashboard
- Online ordering website platform
- Mobile applications (iOS and Android)
- Self-service kiosk system software
- Associated APIs, integrations, and services
Collectively referred to as the "Services" or "Platform."
By accessing or using any part of our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must discontinue use immediately and may not access the Services.
Important: These Terms contain an arbitration clause and class action waiver that affect your legal rights. Please read Section 19 (Dispute Resolution) carefully.
Definitions
For purposes of these Terms:
- "Merchant" refers to restaurant owners, operators, or authorized personnel who use Volt Services to manage their restaurant operations
- "Customer" or "End User" refers to individuals who place orders through Volt's online ordering, mobile app, or kiosk systems
- "Account" means the registered account you create to access the Services
- "Content" includes text, images, menus, pricing, logos, trademarks, and other materials uploaded to or generated through the Services
- "Order" means any transaction for food, beverages, or services placed through the Platform
- "Fees" refers to all subscription fees, transaction fees, and other charges for using the Services
Eligibility
To use Volt Services, you must:
- Be at least 18 years old or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Not be barred from using the Services under applicable law
- Provide accurate and complete information during registration
- For Merchants: Hold all required business licenses, permits, and insurance
- For Merchants: Comply with all food safety and health regulations
By creating an Account, you represent and warrant that you meet these eligibility requirements.
Account Registration & Security
Account Creation:
- You must provide accurate, current, and complete information during registration
- You must promptly update information if it changes
- You may not impersonate others or provide false information
- You may not create multiple accounts without authorization
Account Security:
- You are responsible for maintaining the confidentiality of login credentials
- You must use a strong, unique password and enable two-factor authentication (2FA)
- You are liable for all activities conducted through your Account
- You must immediately notify us of any unauthorized access or security breaches
- We are not liable for losses resulting from unauthorized Account use
Account Termination:
We reserve the right to suspend or terminate Accounts that violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion, with or without notice.
Services Description
Volt provides a comprehensive restaurant management platform:
For Merchants:
- POS System: In-restaurant point-of-sale software for order taking, payment processing, and kitchen management
- Admin Panel: Web-based dashboard for managing menus, pricing, staff, analytics, and multi-location operations
- Online Ordering: Customizable website for customer orders with pickup/delivery options
- Mobile App: Branded mobile application for customer ordering (iOS/Android)
- Kiosk System: Self-service ordering terminals for in-restaurant use
- Analytics & Reporting: Real-time sales data, customer insights, and performance metrics
- Integrations: Third-party delivery services, accounting software, inventory management
For Customers:
- Browse restaurant menus and place orders online or via mobile app
- Track order status in real-time
- Save payment methods and delivery addresses
- Earn and redeem loyalty rewards
- Receive SMS and email notifications
Service Modifications:
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable for any modifications, suspensions, or discontinuations.
Merchant Responsibilities
As a Merchant using Volt Services, you agree to:
Legal Compliance:
- Maintain all required business licenses, health permits, and food handler certifications
- Comply with federal, state, and local health and safety regulations
- Follow labor laws regarding employee wages, breaks, and working conditions
- Comply with accessibility requirements (ADA and equivalent laws)
- Adhere to alcohol service laws if applicable
Menu & Pricing:
- Provide accurate menu descriptions, ingredient lists, and allergen information
- Clearly disclose all fees, charges, and taxes
- Honor advertised prices and promotions
- Update menu availability in real-time (86'd items)
- Not engage in price gouging or deceptive pricing practices
Order Fulfillment:
- Accept and fulfill all orders placed through the Platform in a timely manner
- Prepare food according to customer specifications and dietary restrictions
- Package orders securely and appropriately for delivery/pickup
- Communicate proactively about delays or issues
- Honor refund and cancellation policies
Food Safety:
- Maintain proper food storage, handling, and preparation standards
- Follow temperature control and sanitation protocols
- Train staff on food safety procedures
- Immediately report and address any food safety incidents
Customer Service:
- Respond promptly to customer inquiries and complaints
- Treat customers professionally and respectfully
- Resolve disputes fairly and in good faith
- Not discriminate based on protected characteristics
Customer Responsibilities
As a Customer using Volt Services, you agree to:
- Provide accurate delivery addresses and contact information
- Be available to receive orders at specified delivery times
- Pay for all orders placed through your Account
- Not place fraudulent, duplicate, or malicious orders
- Respect restaurant operating hours and policies
- Not abuse promotional codes or loyalty programs
- Provide honest, constructive feedback and reviews
- Report issues or problems within reasonable timeframes
Payment Terms
Merchant Fees:
- Subscription Fees: Monthly fees billed in advance based on selected plan tier
- Transaction Fees: Percentage-based fees on gross order value (varies by plan)
- Payment Processing Fees: Separate fees charged by payment processors (Stripe, Square)
- Setup Fees: One-time fees for initial setup and onboarding (if applicable)
- Hardware Costs: Separate charges for POS tablets, printers, kiosks (if purchased)
Billing & Payment:
- Fees are non-refundable except as expressly stated in our Refund Policy
- Subscription fees automatically renew monthly unless canceled
- You authorize us to charge your payment method on file
- You must maintain a valid payment method
- Late payments may incur interest charges (maximum allowed by law)
- We may suspend Services for non-payment after 10 days notice
Customer Payments:
- Payment is required at time of order placement
- We accept major credit cards, debit cards, and digital wallets (Apple Pay, Google Pay)
- Payment processing is handled by PCI-DSS compliant third parties
- Tips/gratuities may be added at checkout (100% goes to restaurant)
Refunds & Cancellations:
- Order refunds are subject to the Merchant's individual refund policy
- Volt may facilitate refunds but is not responsible for Merchant refund decisions
- Refunds typically process within 5-10 business days
- Subscription refunds are not provided for partial billing periods
Taxes:
- You are responsible for all applicable taxes (sales tax, VAT, GST)
- Prices shown may or may not include taxes depending on jurisdiction
- Tax collection and remittance is Merchant's responsibility
Prohibited Activities
You must NOT engage in any of the following prohibited activities:
Fraudulent or Illegal Activities:
- Using the Services for any illegal purpose
- Placing fraudulent orders or making unauthorized charges
- Money laundering or financing terrorism
- Selling counterfeit, stolen, or illegal goods
- Violating any applicable laws, regulations, or ordinances
Abuse & Harassment:
- Harassing, threatening, or abusing other users, Merchants, or staff
- Posting defamatory, obscene, or offensive content
- Discriminating based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
- Engaging in cyberbullying or stalking
Platform Manipulation:
- Attempting to hack, disrupt, or compromise the Services
- Using automated bots, scrapers, or crawlers
- Reverse engineering, decompiling, or disassembling software
- Circumventing security features or access controls
- Manipulating reviews, ratings, or analytics
- Creating fake accounts or identities
Intellectual Property Violations:
- Infringing copyrights, trademarks, or other intellectual property
- Using copyrighted images, logos, or content without permission
- Misrepresenting affiliation with brands or businesses
Spam & Solicitation:
- Sending unsolicited marketing messages
- Spamming customers or other users
- Distributing malware, viruses, or malicious code
Consequences:
Violation of these prohibitions may result in immediate Account suspension or termination, forfeiture of fees, legal action, and reporting to law enforcement authorities.
Intellectual Property Rights
Volt's Intellectual Property:
All rights, title, and interest in and to the Services, including but not limited to software, source code, algorithms, designs, graphics, logos, trademarks ("Volt," the Volt logo), and documentation, are owned by Volt or our licensors. These Terms do not grant you any ownership rights.
License to Use Services:
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. This license does not include rights to:
- Copy, modify, or create derivative works
- Distribute, sell, lease, or sublicense the Services
- Reverse engineer or attempt to extract source code
- Remove or alter proprietary notices
Your Content:
You retain ownership of all content you upload to the Services (menus, images, descriptions, etc.). By uploading content, you grant Volt a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute your content solely to provide and improve the Services.
Content Representations:
You represent and warrant that you have all necessary rights to upload content and that it does not infringe third-party intellectual property rights.
Trademark Usage:
You may not use Volt's trademarks without prior written permission. Merchants may use Volt's "Powered by Volt" badge in accordance with our branding guidelines.
Privacy & Data Protection
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points:
- We collect and process personal information as described in our Privacy Policy
- Merchants are independent data controllers for customer information collected through their use of the Services
- We implement industry-standard security measures to protect data
- We never sell personal information to third parties
- You have rights to access, correct, and delete your personal information
For complete details, please review our Privacy Policy.
Third-Party Services & Integrations
The Services may integrate with or link to third-party services:
Payment Processors: Stripe, Square, PayPal
Delivery Services: DoorDash, Uber Eats, Grubhub
Business Tools: QuickBooks, Xero, Mailchimp
Important disclaimers:
- Third-party services have their own terms and privacy policies
- We are not responsible for third-party service performance or failures
- Fees charged by third parties are separate from Volt fees
- We do not endorse or guarantee third-party services
- Integration availability may change without notice
- Your use of third-party services is at your own risk
Disclaimers & Warranties
AS-IS BASIS:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
- IMPLIED WARRANTIES OF NON-INFRINGEMENT
- WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
NO GUARANTEES:
We do not warrant that:
- The Services will be uninterrupted, timely, secure, or error-free
- Results obtained from use will be accurate or reliable
- The quality of services will meet your expectations
- Any errors or defects will be corrected
- The Services will be compatible with all devices or systems
MERCHANT-CUSTOMER RELATIONSHIPS:
Volt is a technology platform that facilitates transactions between Merchants and Customers. We are not a party to these transactions and are not responsible for:
- Food quality, safety, preparation, or presentation
- Order accuracy or fulfillment
- Delivery times or quality
- Customer service provided by Merchants
- Disputes between Merchants and Customers
- Allergic reactions or food-borne illnesses
UPTIME:
While we strive for 99.9% uptime, we do not guarantee continuous, uninterrupted access. We are not liable for downtime caused by:
- Scheduled maintenance (with advance notice)
- Emergency maintenance or security patches
- Internet service provider failures
- Force majeure events (natural disasters, pandemics, war, terrorism)
- Third-party service disruptions
- Cyber attacks or security incidents
JURISDICTION VARIATIONS:
Some jurisdictions do not allow exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights.
Limitation of Liability
MAXIMUM LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOLT'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF:
- The total fees you paid to Volt in the 12 months preceding the claim, OR
- $100 USD
EXCLUDED DAMAGES:
IN NO EVENT SHALL VOLT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
- LOSS OF GOODWILL OR REPUTATION
- BUSINESS INTERRUPTION
- COST OF SUBSTITUTE SERVICES
- DAMAGES ARISING FROM THIRD-PARTY CONDUCT
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if Volt has been advised of the possibility of such damages.
ALLOCATION OF RISK:
You acknowledge that the fees charged reflect this allocation of risk and that Volt would not enter into this Agreement without these limitations.
EXCEPTIONS:
These limitations do not apply to:
- Violations of intellectual property rights
- Gross negligence or willful misconduct
- Fraud or fraudulent misrepresentation
- Death or personal injury caused by our negligence
- Liabilities that cannot be limited under applicable law
Indemnification
You agree to indemnify, defend, and hold harmless Volt, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees) arising from or related to:
- Your violation of these Terms
- Your use or misuse of the Services
- Your violation of any laws, regulations, or third-party rights
- Content you upload or submit through the Services
- Food safety violations or health code violations (Merchants)
- Inaccurate menu information or allergen disclosures (Merchants)
- Labor disputes or employment claims (Merchants)
- Disputes with Customers or other users
- Intellectual property infringement
Defense Rights:
Volt reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification. You will cooperate fully with Volt in asserting any available defenses.
Term & Termination
Term:
These Terms remain in effect while you use the Services. Subscriptions continue on a monthly basis until canceled.
Termination by You:
- You may cancel your subscription at any time through your Account settings
- Cancellation takes effect at the end of the current billing period
- No refunds for partial billing periods
- You may close your Account by contacting support
Termination by Volt:
We may suspend or terminate your Account immediately, without prior notice or liability, for:
- Violation of these Terms
- Non-payment of fees (after 10 days notice)
- Fraudulent activity or suspected fraud
- Abusive behavior toward staff or other users
- Legal requirements or court orders
- Suspected security breaches
- Repeated customer complaints (Merchants)
- Health or safety violations (Merchants)
- Any reason in our sole discretion
Effects of Termination:
- Your license to use the Services immediately terminates
- You must cease all use of the Services
- Outstanding fees become immediately due
- We may delete your Account and data after 30 days
- You may request data export within 30 days of termination
- Provisions that by their nature should survive will survive (payment obligations, indemnification, limitations of liability)
Data Backup & Loss
While we perform regular automated backups, you are responsible for maintaining your own backup copies of critical data:
- Menu information, pricing, and content
- Customer lists and contact information
- Transaction records and sales history
- Analytics reports and business intelligence data
Data Export:
You may export your data at any time in standard formats (CSV, JSON, PDF). We provide data export tools in the admin panel.
Data Retention After Termination:
- 30 days to export data before permanent deletion
- Some data retained for legal/compliance purposes (transaction records: 7 years)
- Anonymized analytics data may be retained indefinitely
Dispute Resolution & Arbitration
IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
Informal Resolution:
Before filing a claim, you agree to contact us at legal@voltsystem.com and attempt to resolve the dispute informally for at least 30 days. Provide a detailed description of the dispute and your desired resolution.
Binding Arbitration:
If informal resolution fails, any dispute, claim, or controversy arising from or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Arbitration Process:
- Arbitration will be conducted by a single neutral arbitrator
- Arbitration will be held in San Francisco, California, or another mutually agreed location
- Arbitration may be conducted remotely by videoconference if both parties agree
- The arbitrator's decision is final and binding
- Judgment on the award may be entered in any court with jurisdiction
- Each party bears its own costs and attorneys' fees unless otherwise awarded
CLASS ACTION WAIVER:
YOU AND VOLT AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Small Claims Court:
Notwithstanding the arbitration requirement, either party may bring a claim in small claims court if it qualifies and remains in that court.
Injunctive Relief:
Either party may seek injunctive or equitable relief in court for intellectual property infringement or misuse of confidential information without first engaging in arbitration.
Opt-Out:
You may opt out of this arbitration agreement by sending written notice to legal@voltsystem.com within 30 days of first accepting these Terms. The opt-out notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.
Severability:
If the class action waiver is found unenforceable, the entire arbitration provision (but not other provisions) will be void, and disputes will be resolved in court.
Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
For disputes not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
International Users:
If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
Modifications to Terms
We may revise these Terms at any time by posting updated Terms on our website and notifying you via:
- Email to your registered address (30 days advance notice)
- In-app notifications
- SMS notification (for material changes)
- Updated "Effective Date" at the top of these Terms
Material Changes:
For material changes affecting your rights, we will provide at least 30 days notice. Material changes include:
- Changes to pricing or fee structures
- Changes to dispute resolution procedures
- Significant reductions in Services or features
- Changes to data handling practices
Acceptance of Changes:
Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use and may cancel your Account.
Force Majeure
Volt is not liable for any failure or delay in performing obligations due to causes beyond our reasonable control, including:
- Natural disasters (earthquakes, floods, fires, hurricanes)
- Pandemics or epidemics
- War, terrorism, or civil unrest
- Government actions or regulations
- Labor disputes or strikes
- Internet or telecommunications failures
- Cyber attacks or hacking attempts
- Power outages or utility failures
Our performance will be excused during the period of delay and for a reasonable time thereafter.
General Provisions
Entire Agreement:
These Terms, together with our Privacy Policy and any other incorporated policies, constitute the entire agreement between you and Volt regarding the Services and supersede all prior agreements.
Severability:
If any provision is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.
No Waiver:
Our failure to enforce any right or provision does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.
Assignment:
You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Relationship:
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. You are an independent contractor.
Notices:
Legal notices must be sent to:
Volt, Inc.
Legal Department
456 Tech Plaza, Suite 1200
San Francisco, CA 94105
Email: legal@voltsystem.com
Headings:
Section headings are for convenience only and do not affect interpretation.
Survival:
Provisions that by their nature should survive termination will survive (payment obligations, indemnification, limitations of liability, dispute resolution, intellectual property).
Accessibility Commitment
Volt is committed to making our Services accessible to individuals with disabilities. We strive to comply with WCAG 2.1 Level AA standards and ADA requirements.
If you encounter accessibility barriers, please contact us:
- Email: accessibility@voltsystem.com
- Phone: +1 (800) 555-VOLT (8658)
We will work with you to provide information or Services through alternative communication methods.
Questions About These Terms?
If you have questions about these Terms of Service, please contact us:
- Legal Team: legal@voltsystem.com
- Customer Support: support@voltsystem.com
- Phone: +1 (800) 555-VOLT (8658)
- Mail: Volt, Inc., Legal Department, 456 Tech Plaza, Suite 1200, San Francisco, CA 94105