1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and NumNum.io ("Company," "we," "us," or "our") governing your access to and use of the NumNum.io platform, including any related services, features, content, and applications (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Service.
IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
2. Description of Service
NumNum.io provides a software-as-a-service platform that enables merchants to:
- Create and manage online ordering menus
- Connect supported Square, Clover and Toast workflows
- Manage customer orders and supported checkout through the connected store’s POS
- Manage customer relationships and loyalty programs
- Customize branding and storefront appearance
- Manage locations, order preparation and pickup workflows
- Use optional email and text messaging services, subject to service readiness and customer consent
- Access analytics and reporting tools
3. Account Registration and Security
3.1 Account Creation
To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update this information to maintain its accuracy.
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized access or security breach
3.3 Account Requirements
You must be at least 18 years old and have the legal capacity to enter into contracts. You must provide valid business information and comply with all applicable laws.
4. Pricing and Payment
4.1 NumNum Pricing
NumNum core ordering has no monthly software subscription or percentage commission. The pricing model is 25¢ per successfully paid order placed through NumNum, billed to the store monthly. Transactions placed only in a connected POS are not eligible. The usage fee remains after a full or partial customer refund. Optional NumNum messaging plans and additional usage are priced separately for each store, as shown before activation.
4.2 Monthly Store Billing
Monthly store invoices cover eligible paid NumNum orders. Where automatic collection is enabled, owners authorize it through hosted Stripe billing setup and keep a billing card on file. Customer checkout payments continue through the store’s supported POS connection. Your POS processing fees and connected provider terms apply separately.
4.3 Taxes
You are responsible for all applicable taxes. Fees are exclusive of taxes unless otherwise stated.
5. Acceptable Use Policy
You agree NOT to:
- Violate any applicable laws, regulations, or third-party rights
- Use the Service for fraudulent, deceptive, or illegal purposes
- Transmit malware, viruses, or harmful code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service or servers
- Scrape, crawl, or data mine the Service without permission
- Resell or redistribute the Service without authorization
- Use the Service to send spam or unsolicited communications
- Impersonate any person or entity
- Upload content that is illegal, harmful, or infringes on rights
6. Intellectual Property
6.1 Our Intellectual Property
The Service, including all content, features, functionality, software, designs, and trademarks, is owned by NumNum.io and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written consent.
6.2 Your Content
You retain ownership of content you upload ("Your Content"). By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute Your Content solely to provide the Service.
6.3 Feedback
Any feedback, suggestions, or ideas you provide may be used by us without obligation or compensation.
7. Third-Party Integrations
The Service integrates with supported third-party services, including Square, Clover, Toast, Stripe, and others. Your use of these integrations is subject to their respective terms and policies. We are not responsible for third-party services and make no warranties regarding their availability, accuracy, or reliability.
By connecting a provider account, you authorize access to the data and workflows covered by the permissions you grant. Available imports, exports and checkout capabilities differ by provider and connection configuration.
8. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference. You acknowledge that:
- You are responsible for compliance with data protection laws applicable to your business
- You must obtain necessary consents from your customers for data collection
- You will not collect sensitive personal information through the Service without proper safeguards
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- Results obtained will be accurate or reliable
- Any defects will be corrected
- The Service will meet your specific requirements
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUMNUM.IO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of (or inability to access or use) the Service
- Any conduct or content of any third party on the Service
- Unauthorized access, use, or alteration of your content
- Any other matter relating to the Service
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless NumNum.io, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorney fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your Content or business operations
12. Termination
12.1 Termination by You
You may stop using the Service or request account closure. Contact hello@numnum.io for help with account closure and any outstanding store invoices.
12.2 Termination by Us
We may suspend or terminate your account immediately, without notice, for:
- Violation of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Extended periods of inactivity
- Upon request by law enforcement
12.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. We may delete your data after a reasonable retention period. Sections that by their nature should survive termination will survive.
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
13.2 Arbitration
Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English and the seat shall be Wilmington, Delaware.
13.3 Class Action Waiver
YOU AGREE THAT ANY CLAIMS WILL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and NumNum.io regarding the Service.
14.2 Severability
If any provision is found unenforceable, the remaining provisions will continue in full force.
14.3 Waiver
Failure to enforce any right or provision does not constitute a waiver of that right or provision.
14.4 Assignment
You may not assign these Terms without our consent. We may assign our rights without restriction.
14.5 Modifications
We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service. Continued use after changes constitutes acceptance.
15. Contact Information
For questions about these Terms, contact us at:
NumNum.io Legal Team
Email: hello@numnum.io
