Contents
These Terms of Service ("Terms") are a binding agreement between you ("Restaurant," "you," or "your") and North Valley Technologies LLC (d/b/a OrderLine) ("OrderLine," "we," "us," or "our"). By creating an account, accessing the portal at app.orderlinesms.com, or using any OrderLine service, you agree to be bound by these Terms.
If you are agreeing to these Terms on behalf of a business, you represent that you have the authority to bind that business. If you do not agree, do not use the service.
You must be at least 18 years old, a legal US resident or duly incorporated US business entity, and have the authority to accept these Terms on behalf of your restaurant. OrderLine is a business-to-business (B2B) platform and is not intended for personal use.
3.1 Plans. OrderLine offers Starter and Growth subscription plans, billed monthly. Current pricing is displayed at orderlinesms.com and in your portal. Prices are subject to change with 30 days' notice.
3.2 Billing. Subscriptions are billed monthly in advance. Payment is processed via Stripe. By providing a payment method, you authorize us to charge that method for all fees due.
3.3 No Commissions. OrderLine charges a flat monthly fee. We do not take a percentage of your orders or revenue.
3.4 Late Payments. If your payment fails, we will retry using Stripe Smart Retry. If payment remains unsuccessful after our retry schedule, your account may be suspended until payment is resolved.
3.5 Refunds. Monthly fees are non-refundable except as required by law or at our sole discretion in cases of extended platform outages caused by OrderLine.
3.6 Taxes. You are responsible for any applicable taxes on your subscription fees.
We may offer a free trial period. At the end of the trial, your selected plan will automatically begin and your payment method will be charged. You may cancel before the trial ends to avoid charges.
5.1 By You. You may cancel at any time from your portal or by emailing support@orderlinesms.com. Cancellation takes effect at the end of your current billing period. You will retain access to your portal until then.
5.2 By Us. We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or cause harm to the platform or other users. We may also terminate any account with 30 days' notice for any reason.
5.3 Effect of Termination. On termination, we will release your dedicated phone number and cease sending SMS messages through it. You may request an export of your order history and menu data within 30 days of termination.
You agree not to:
7.1 Your Responsibility. You are the "sender" of SMS messages under the TCPA (47 U.S.C. § 227) for messages sent to your customers through the OrderLine platform. You are solely responsible for obtaining all required consents from your customers before collecting their phone numbers.
7.2 Required Consent Language. You must display appropriate consent language at all in-store and digital touchpoints where you collect or promote your OrderLine phone number. OrderLine provides recommended TCPA consent language at your request.
7.3 Opt-Out Handling. OrderLine automatically processes STOP messages from customers. You agree not to override or circumvent this opt-out mechanism.
7.4 Indemnification for TCPA Violations. You agree to indemnify and hold OrderLine harmless from any claims, penalties, fines, or litigation arising from your failure to comply with TCPA or any applicable state telemarketing laws.
8.1 Program Description. OrderLine sends order-related text messages on behalf of participating restaurants (order confirmations, order-ready alerts, and the ordering conversation).
8.2 Message and Data Rates. Message and data rates may apply.
8.3 Message Frequency. Message frequency varies by order activity — up to ~10 order-related messages per ordering session.
8.4 Opt-Out and Help. Reply STOP at any time to opt out. Reply HELP for help.
8.5 Support. For assistance with the messaging program, contact support@orderlinesms.com.
8.6 Privacy. Information about how mobile phone numbers and SMS opt-in data are collected and handled is described in our Privacy Policy.
8.7 Carrier Disclaimer. Carriers are not liable for any delayed or undelivered messages.
9.1 Your Data. You own your menu content, business rules, and order history. OrderLine processes this data solely to provide the service.
9.2 Customer Data. SMS order data (customer phone numbers and order content) is associated with your business account. We do not sell this data to third parties.
9.3 Platform Data. OrderLine retains the right to use aggregated, anonymized, de-identified data to improve the platform and for analytics.
9.4 Data on Termination. After account termination, we retain your data for up to 90 days before deletion, except where longer retention is required by law. You may request expedited deletion by contacting support.
OrderLine and its technology, software, design, and brand are the intellectual property of OrderLine. We grant you a limited, non-exclusive, non-transferable license to use the platform for your business. You may not copy, modify, or create derivative works of any OrderLine IP.
You grant OrderLine a license to use your business name and logo solely to provide the service (e.g., to configure your SMS menu).
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms.
We target high availability but do not guarantee 100% uptime. We are not liable for service disruptions caused by third-party providers (Twilio, Railway, Stripe, SendGrid), scheduled maintenance, or events outside our control. We will make commercially reasonable efforts to notify you of planned maintenance.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ORDERLINE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORDERLINE'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ORDERLINE IN THE THREE (3) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL ORDERLINE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless OrderLine and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the service, your violation of these Terms, your violation of any third-party rights, or your violation of any applicable law, including the TCPA.
16.1 Informal Resolution. Before initiating any formal dispute, you agree to contact us at support@orderlinesms.com and attempt to resolve the dispute informally. We will make good-faith efforts to resolve your concern within 30 days.
16.2 Binding Arbitration. If informal resolution fails, any dispute shall be resolved by final, binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the United States. Each party shall bear its own costs unless the arbitrator determines otherwise.
16.3 Class Action Waiver. YOU AND ORDERLINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16.4 Governing Law. These Terms shall be governed by the laws of the United States and applicable state law, without regard to conflict of law principles.
16.5 Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
17.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and OrderLine regarding the service.
17.2 Changes. We may update these Terms from time to time. We will notify you by email or in-portal notice at least 14 days before material changes take effect. Continued use after the effective date constitutes acceptance.
17.3 Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
17.4 Waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
17.5 Assignment. You may not assign your rights under these Terms without our written consent. We may assign ours in connection with a merger, acquisition, or sale of assets.
17.6 Contact. The service is provided by North Valley Technologies LLC (d/b/a OrderLine). For questions about these Terms, contact support@orderlinesms.com. Notices may also be sent by mail to: North Valley Technologies LLC, [MAILING ADDRESS — TO BE CONFIRMED].