The agreement between your restaurant and Order Central.

01Who we are and what these terms cover

Order Central (“Order Central”, “we”, “us”) makes restaurant software. These terms are the agreement between Order Central and the business that uses it (“you”, “your restaurant”). They cover:

• Order Central — the Admin that owners and managers use, the online ordering, QR and pay pages your guests use, reservations, receipts, loyalty, scheduling, time clock, tips, payroll and the AI phone assistant;
• Divine POS — the till app that runs on counter terminals, kitchen screens and expo screens;
• Divine Mobile — the phone app for owners, managers and staff;
• this website, ordercentral.us.

You accept these terms when you sign a quote or order form that refers to them, create an account, or use the service. If you accept for a business, you confirm you may bind it. Your staff use the service under your account and these terms; you are responsible for what they do with it.

How we handle personal information is described in our Privacy policy, which is part of this agreement.

02Your account and your people

• The owner who signs up is the account holder. The account holder decides who else can use the service, at which locations, and with which role.
• Each person has their own sign-in and their own till PIN. Keep them private; do not share one sign-in between people, because the activity log records who did what.
• Tell us straight away at contact@ordercentral.us if you believe a sign-in or a till has been used without permission.
• You are responsible for the orders, refunds, payouts, settings and messages made through your account, including by your staff.

03What we provide

We give you access to the products listed above for the locations in your quote, keep them running, and support you. We improve the products continuously; a feature may change or be replaced, and we tell you in the Admin or by e-mail before a significant change takes effect.

Some features depend on other companies — card processors, phone carriers, delivery marketplaces, map and messaging providers. Where they are involved, the sections below say what that means for you.

04Fees and payment

• The fees for the service, and for any hardware you buy from us, are set out in the quote or order form you accept. This website does not quote prices.
• Fees are billed as the quote says, and are due on the date it says. Taxes required by law are added where they apply.
• If a payment is late, we tell you and give you time to put it right. If it stays unpaid, we may suspend the service until it is paid.
• Card processing fees are set by the card processor under your agreement with it, not by us, and are taken by the processor from your settlements.

05Card payments and processors

• Card payments at the counter, online and on the phone are processed by a card processor — Dejavoo and iPosPays, or PayArc — under a merchant account opened in your restaurant’s name. The processor’s own agreement applies to that account.
• Payments settle from the processor to your bank account. Order Central never holds your funds and is not a party to the transaction between you, your guest and the processor.
• Refunds, voids, tip adjustments and chargebacks are yours to decide and to answer for. The till and the Admin give you the tools; the processor applies its rules.
• If the internet is down, Divine POS can hold a hand-keyed card encrypted on the terminal and charge it when the connection returns. You accept that such a charge may be declined when it is finally attempted, and that the guest has left by then.

06Your data and your guests

• Your menu, prices, hours, orders, reservations, staff records, guest lists and reports are yours. You give us the right to store and process them only to run the service for you, to support you, and as the law requires.
• For your guests’ information you are the business that decides what is collected and why; we process it for you as the Privacy policy describes. You are responsible for collecting it lawfully and for the notices your guests are owed.
• You can export your data at any time from the Admin or by asking us, in a common format.
• We keep your data as the Privacy policy says, and delete it after the agreement ends except where the law requires us to keep records.

07Texts, calls and marketing

• Messages about an order or a reservation a guest made — confirmations, receipts, “your order is ready” — are sent as part of the service.
• Marketing texts, e-mails and notifications go only to guests who said yes to your restaurant on that channel. You are responsible for that consent and for following the laws on marketing messages where your guests are, including the Telephone Consumer Protection Act in the United States.
• A guest who replies STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT) stops receiving your texts. The service records that choice and you may not override it.
• If you turn on call recording for a call queue, you are responsible for telling callers as the laws where you and they are require.

08Delivery marketplaces and other connected services

You can connect delivery marketplaces such as Uber Eats and DoorDash to your restaurant. When you do:

• You connect your own account with that marketplace and you authorize Order Central to act for you with it: to send your menu, prices, hours, photos and item availability, to receive the orders placed with it, to confirm, mark ready and cancel those orders as your staff decide, and to pause and resume your store there.
• The marketplace’s own merchant agreement, fees, commissions and policies apply to what happens on its side. We are not a party to them and do not set them.
• We pass your choices on faithfully and show you what the marketplace tells us, but we cannot promise how a marketplace treats an order, a menu or a store, or that it is always available.
• You can disconnect a marketplace at any time from the Admin. Orders already placed keep running their course.

The same applies to other services you connect, such as a payroll or accounting export.

09The AI phone assistant

• When you turn it on, an AI assistant answers your restaurant’s Order Central number with your greeting, uses your menu and your prices, and takes orders, reservations and messages. What it takes lands on the till and in the kitchen like any other order.
• The assistant follows the settings you give it. It can misunderstand a caller or decline something it is not sure about; your staff see every order and can correct, call back or cancel.
• Where the law requires callers to be told they are speaking with an automated assistant, or that a call is recorded, you are responsible for the greeting saying so.

10Acceptable use

You agree not to:

• use the service for anything unlawful, or to sell anything you may not sell;
• copy, resell, rent or sublicense the service, or offer it to a business that is not yours;
• reverse engineer, decompile or try to extract the source code of the software, except where the law allows it regardless;
• interfere with the service, test its security without our written agreement, or try to reach another restaurant’s data;
• upload content you have no right to use, or content that is unlawful, defamatory or harmful.

11Hardware and apps

• Tablets, card terminals, printers and cash drawers you buy from us are listed in your quote and come with the manufacturer’s warranty. Returns and replacements follow the quote and that warranty.
• Divine POS and Divine Mobile are installed from the app stores or as we provide them. Keep them, and the devices they run on, updated; an old version may stop working with the service.
• Hardware you already own must meet the requirements we give you. We help you set it up, but we cannot promise that every device works.

12Availability, support and changes

• We work to keep the service running around the clock. When we must take it down for maintenance we tell you first whenever we can, and we choose quiet hours.
• Divine POS keeps taking orders and cash during an internet outage and catches up when the connection returns; card payments during an outage work as described under Card payments.
• Support is at contact@ordercentral.us and through the Admin. We answer during business hours (Pacific time) and sooner for outages.
• Features may be added, changed or retired. We announce significant changes in the Admin or by e-mail before they take effect.

13Our software

Order Central, Divine POS, Divine Mobile, this website and everything in them — code, design, text, names and logos — belong to Order Central or its licensors. While your account is active you have a non-exclusive, non-transferable right to use them for your restaurant under these terms. Nothing else is granted.

If you suggest an improvement, we may use the suggestion without owing you anything, and you keep no rights in the product that results.

14Warranties and liability

• We promise to provide the service with reasonable skill and care, as described in these terms and your quote. Beyond that, and as far as the law allows, the service is provided as it is, without other warranties, including of merchantability, fitness for a particular purpose or uninterrupted operation.
• We are not liable for indirect, incidental, special or consequential loss, including lost sales or profits, even if we were told it was possible.
• For everything else, our total liability to you for all claims in any twelve-month period is limited to the fees you paid us for the service in the twelve months before the first claim.
• These limits do not apply to what the law does not allow us to limit, to our wilful misconduct, or to your duty to pay the fees you owe.
• You will defend us against claims that arise from your use of the service in breach of these terms or of the law, including marketing messages sent without consent.

15Term, suspension and ending the agreement

• The agreement starts when you accept it and continues until either side ends it.
• Either side may end it with 30 days’ written notice. E-mail counts.
• We may suspend the service if a fee stays unpaid after notice, if your use breaks these terms, or if it puts other restaurants or our systems at risk — immediately in the last case, with notice otherwise — and we restore it when the cause is fixed.
• When the agreement ends your access ends. You can export your data before the end date, and for 30 days afterwards by asking us. We then delete it as the Privacy policy says, except records the law requires us to keep.
• Sections about fees owed, your data, our software, liability and governing law continue after the agreement ends.

16Governing law and disputes

These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. If we have a disagreement, we talk first and try to resolve it. If that fails, the state and federal courts in Orange County, California have jurisdiction, and both sides accept it.

17Changes to these terms

When we change these terms we update the date at the top. If a change is significant, we tell you by e-mail or in the Admin at least 30 days before it takes effect. If you keep using the service after that date, the new terms apply; if you do not agree, you can end the agreement before then.

18Contact us

Questions about these terms: contact@ordercentral.us

Order Central 200 Spectrum Irvine, California 92705 United States