Terms of Service

Agreement

These terms are an agreement between Sabal Pay LLC, a Florida limited liability company doing business as Wuntab ("Wuntab", "we", "us"), and the restaurant that uses Wuntab ("you"). They govern your use of the Wuntab app, the Wuntab platform and the services, documentation and intellectual property that go with them.

By downloading, installing or using Wuntab, you accept these terms. If you do not accept them, do not use Wuntab.

1. The app

1.1 What Wuntab does. Wuntab builds and runs your restaurant's website on your own domain, with your menu, your prices, your photos and your branding. It takes online orders for pickup and for delivery, applies promotion codes, and takes payment through our payment processor. It sends your customers order notifications by text message. It passes each order to your kitchen as a printed ticket, and, where you connect your Clover account, injects the order into Clover. It arranges delivery through a third-party delivery partner. It collects enquiries submitted through the forms on your website, including catering enquiries and job applications. It gives you tools to manage your menu, your orders, your locations, your staff accounts and your customer list, and it can draft menu and website copy for you to review and approve. Where you ask us to, it monitors how your pages appear in search.

1.2 Licence and ownership. We grant you a limited, non-exclusive, non-transferable licence to use Wuntab for your own restaurant business, for as long as this agreement lasts. You may not distribute it, modify it, reverse engineer it, or let anyone else use it on their own behalf. We keep every intellectual property right we do not expressly grant you here.

What is yours: your menu and your prices, the photos you give us, the words you write for your site, and your customer list. Those stay yours throughout and you can take them with you.

What is ours: Wuntab itself. That means the website we build and run for you, the templates and the design it is built from, and the platform behind it. While this agreement lasts you have a licence to use them. A licence is not a transfer, and ending this agreement ends the licence.

Your web address: if you registered your domain name yourself, it is yours and we make no claim to it. If we registered a domain name for you, that domain name belongs to us, and it passes to you only if we agree in writing to transfer it.

1.3 Changes, interruptions and equipment. We update Wuntab from time to time, and updates may apply automatically. The service may be interrupted for maintenance or because a provider we depend on is unavailable. You are responsible for the devices, printers and internet connection you use to run your restaurant.

2. Fees

Wuntab is free to the restaurant. There is no monthly charge, no setup fee, and no per-order commission charged to the restaurant. When a customer places an online order, the customer pays a service fee of 5% of the order. The fee is shown to the customer at checkout before payment is taken. It is collected by our payment processor and routed to Wuntab at settlement.

Sales tax. Wuntab works out the sales tax on each online order using the tax rate set for the location the order is for, adds it to what the customer pays at checkout, and passes it through to you with the rest of the order. You set that rate, and making sure it is the right rate is your responsibility. We do not file or remit sales tax. Filing your returns and paying what you owe stays your responsibility.

If you believe a service fee has been miscalculated, tell us within 120 days of the order it was charged on, and we will look into it.

3. Term

This agreement starts when you accept these terms and continues month to month until you or we end it under section 4.

4. Suspension and termination

4.1 By us. We may suspend or end your use of Wuntab if you breach these terms; if your use is unlawful or infringes someone else's rights; if your use risks harm to the service or to other restaurants using it; if we suspect fraud; if a payment, delivery or platform provider we depend on requires it; or if we stop offering the service, in which case we will give you as much notice as we reasonably can.

4.2 By you. You may end this agreement at any time, for any reason or none. Because you pay us nothing, there is nothing for us to refund.

When this agreement ends, your Wuntab website stops being published and your licence to use Wuntab ends. You do not keep the website, its templates or its design, and you do not keep the platform. Section 1.2 sets out what is yours and what is ours, including what happens to a domain name we registered for you.

When this agreement ends, write to support@wuntab.com and we will send you an export of your menu, including your items, prices, modifiers and their prices, and an export of your customer list, including the names, email addresses and phone numbers your customers gave you, together with their order history with you. We will also return the photos and the written content you gave us. We prepare these by hand and send them within 30 days of your written request. We do not offer an automated export tool today.

Ending the agreement does not by itself delete your information; see section 5.3 and our privacy policy for how deletion works.

5. Confidentiality, data and ideas

5.1 Confidentiality. Each of us may learn confidential information about the other. Each of us will protect the other's confidential information with at least the care we use for our own. This does not apply to information that is already public through no fault of the receiver, that the receiver already knew, that the receiver receives from someone else without a duty of confidence, or that the receiver develops independently.

5.2 Disclosure. Neither of us will disclose the other's confidential information, except to employees and contractors who need it and are bound to keep it confidential, where the law requires disclosure and we give the other notice where we are allowed to, and to the service providers named in our privacy policy.

5.3 Data. We use the information processed through Wuntab to provide and support the service for the restaurant: to publish the restaurant's website and menu, to take and track orders, to route orders to the kitchen and to Clover where Clover is connected, to arrange delivery, to take payment, to send order notifications to customers, and to keep the service secure and working. We act on the restaurant's instructions. We do not sell personal information and we do not use customer information for our own advertising. We keep information for as long as the restaurant uses Wuntab; after that it is not deleted automatically, and we will delete it by hand within 30 days of a written request to support@wuntab.com.

Our privacy policy sets out in full what we collect, who we share it with, how long we keep it and how deletion works. It forms part of these terms.

5.4 Ideas. If you send us an idea or a suggestion for Wuntab, we may use it without owing you anything and without treating it as confidential. Do not send us an idea you are not willing to have used on those terms.

6. Account

You will give accurate registration details and keep them current. You are responsible for the security of your account and for what happens under it, including what your staff do. Tell us immediately at support@wuntab.com if you believe your account has been accessed without your permission.

You are responsible for the accuracy of what you publish through Wuntab, including your menu, your prices, your hours and any allergen or ingredient information. You are responsible for keeping your own copies of anything you would not want to lose.

7. Risk allocation

7.1 No warranty. Wuntab is provided as-is and as-available. To the fullest extent the law allows, we disclaim every warranty, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the service will be uninterrupted or error-free, and we do not promise any particular search ranking, level of orders or level of revenue.

7.2 Indemnity. You will defend and indemnify us against claims brought by a third party that arise from your content, from your use of Wuntab, from your sale of food and drink, or from an obligation you owe your own customers or staff.

7.3 Excluded damages. Neither of us is liable to the other for indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, lost revenue or lost data, even if told such damages were possible.

7.4 Cap. Our total liability under this agreement is limited to the service fees we collected on your orders in the three months before the event giving rise to the claim.

8. Communications

You agree that we may contact you electronically, using the email address and phone number you give us, about your account, the service, and changes to it. Your phone or internet provider may charge you for receiving those messages.

9. Compliance with privacy laws

9.1 We process personal information only as a service provider acting on your instructions, for the purposes set out in section 5.3. We do not sell personal information, as "sell" is defined in the California Consumer Privacy Act.

9.2 We do not collect, retain, use or disclose personal information for our own commercial purposes in a way that would be inconsistent with the California Consumer Privacy Act or other applicable privacy law.

9.3 We limit our collection of personal information to what is reasonably necessary and proportionate to provide the service described in section 1.1.

10. Data subject rights

10.1 We will give you reasonable help to meet your own obligations to people who ask about their information under the California Consumer Privacy Act or other applicable privacy law. We handle these requests by hand and complete them within 30 days. We do not offer an automated tool for them.

10.2 If one of your customers sends us a request that is yours to decide, we will pass it to you rather than answer it ourselves.

10.3 Tell us immediately at support@wuntab.com if you receive a complaint or a regulatory enquiry about privacy compliance that relates to Wuntab.

11. General

11.1 Authority. You confirm that the person accepting these terms has authority to bind your business.

11.2 Changes. We may change these terms. We will update the date at the top of this page, and where a change is significant we will tell you. If you keep using Wuntab after a change takes effect, you accept it.

11.3 Compliance. Each of us will comply with the laws that apply to it. You will not upload or transmit anything unlawful, malicious or designed to cause harm.

11.4 Governing law and venue. These terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules, and the state and federal courts located in Orange County, Florida have exclusive jurisdiction over any dispute arising out of them.

11.5 Entire agreement. These terms, together with our privacy policy, are the entire agreement between us about Wuntab and replace anything said or written before. Neither of us is the other's agent, partner or employee; we are independent contractors.

11.6 Assignment. You may not assign this agreement without our written consent. We may assign it, including to a company that acquires our business.

11.7 Contact. Sabal Pay LLC, 1802 N Alafaya Trail, Orlando, FL 32826, (407) 655-8761, support@wuntab.com.