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Acceptable Use Policy

FoodTec Solutions, Inc.

Acceptable Use Policy

Last Updated: 11/12/2025

FoodTec Solutions, Inc. (“Company,” “we,” or “us”) maintains an integrated restaurant point of sale system that is makes available to operators of restaurants (each a “Client” or “You”). The “FoodTec Products” consist of hardware, on premises software, mobile applications for employee and customer use, hosted applications (“Production Applications”), internal and Client facing Application Program Interfaces (“APIs”), together with repositories of data that the Client imports, collects, generates, stores and or exports and/or in connection with operation of the Client’s restaurant, and in some instances static web sites that serve as a presence for Client’s restaurant (“Hosted Pages”). The Production Applications and Hosted Pages are together referred to herein as “Web Accessed Resources”.

The FoodTec Products are accessed by:

  • Client’s employees and contractors through Client’s use of terminal systems, mobile application, the server side interfaces, APIs (including selected third parties for which Client is responsible – see Standard Terms and Conditions and Restaurant API Use Agreement); and

  • Client’s retail customers (“Consumers”) directly through the Hosted Pages, a kiosk at the Client’s location, and through consumer response to marketing communications, that may include the use of the Consumers’ mobile devices, as applicable.

This Acceptable Use Policy (“AUP”), along with the Company’s Terms and Conditions (located at foodtecsolutions.com/termsandconditions/) governs Client access to and use of the Web Accessed Resources, including the access to the Hosted Pages by Client’s customers, prospective customers, and employee use and access of the Production Applications. You must first read and accept this AUP before accessing and using the Web Accessed Resources. On behalf of , and as the duly authorized representative of the “Client” identified in the Sales Contract with the Company you agree to adhere to and be bound by the terms hereof in all respects. Further Client’s employees may be asked to reaffirm their individual understanding of the contents of this AUP by clicking “I accept”. This AUP includes both “General Prohibitions on Use” and “Messaging Specific Prohibitions on Use”.

  1. General Prohibitions on Use

The prohibitions have been established by the Company to comply with applicable law, and the requirements of certain third party vendors, ensure reliable and enjoyable service for all of our Client’s users, whether employees or consumers, advance the security and privacy of our (and any third party’s) network and systems, maintain the Company’s reputation as law-abiding, honorable, and customer-friendly.

The Web Accessed Resources may only be used for lawful purposes and under this AUP and the Terms of Use. Additionally, you are prohibited from using the Web Accessed Resources as follows:

  • In any manner that violates any federal, state, international, or local law or regulation;

  • In a manner that materially interferes with our activities or overall business or harms any of our customers, employees, affiliates, agents, officers, or directors;

  • To threaten, bypass, or destroy any security mechanism used with or incorporated in the Web Accessed Resources;

  • To disparage, denigrate, insult, or otherwise make pejorative statements about the Company and/or any of its affiliates, directors, officers, employees, partners, brand, products, or service;

  • To transmit any content or information that is offensive, lewd, pornographic, defamatory, libelous, harassing, tortious, abusive, illegal, prejudice, discriminatory, or otherwise inappropriate or objectionable;

  • To transmit any marketing, advertising or promotional materials, including without limitation any “spam,” “junk mail,” or other deceptive or unsolicited bulk or commercial email;

  • To harm, or attempt to harm, minors in any way;

  • To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of the functionality of the Web Accessed Resources;

  • To impersonate the Company (including any Company officer or employee), any user of the Web Accessed Resources, or any other person or entity;

  • To transmit any content, data, or material that infringes the intellectual property rights or other personal rights (including privacy) of any third parties;

  • To use the Web Accessed Resources in connection with unsolicited, unwanted, or harassing communications, including without limitation, SMS messages, phone calls, voice mail, chat, video, or email;

  • To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;

  • To use the Web Accessed Resources to collect information about other users, including phone numbers or email addresses, without any such individual’s prior explicit consent or otherwise under false pretenses of any kind;

  • In any manner that violates any other applicable policy maintained by the Company, including without limitation the Company’s Privacy Policy or Terms and Conditions;

  • To use the Web Accessed Resources to record or monitor a phone call or other communication without first obtaining express consent from the participants per applicable law (such as California’s Invasion of Privacy Act);

  • In any manner that can reasonably be considered contrary to the Company’s goodwill, public image, and overall reputation;

  • To express or imply that any user’s statements, activities, or causes are endorsed by the Company;

  • To collect, or attempt to collect, personal information about users or other third parties without their prior knowledge and affirmative consent;

  • To divulge any of the Company’s (or any affiliate’s) proprietary information;

  • In any manner that promotes any illegal activity (such as driving under the influence, illegal drug use, violence, child abuse, or underage drinking);

  • In the context of any communications services available through, or linked to, the Web Accessed Resources, without limitation telephony, chat, email, SMS, MMS, RCS, or other form whether or not presently existing (“Messages”), referring to or depicting any of the following in content that you create and/or transmit: alcohol, tobacco, gambling (including prohibited sweepstakes), products or services directed at underage persons, pornographic or explicit, offensive, political or religious content, or send any Message to a person that is not presently opted in to receive messaging from Client.

  • To knowingly receive, use, re-use, upload or download any material which:

  • Contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable;

  • Promotes pornographic or other sexually explicit material, discrimination, or violence, based on race, religion, nationality, sex, gender, disability, age, or sexual orientation;

  • Is likely to deceive any person acting reasonably under the circumstances; or

  • Impersonates any person.

Monitoring and Enforcement

The Company regularly monitors third-party use of the Web Accessed Resources to confirm compliance with the terms of this AUP and any other applicable Company policy. We maintain the right to monitor all such usage directly, and to delegate the right to do so to third party vendors, by any means we deem appropriate at any time in our sole discretion and delete any material we deem illegal, inappropriate, or violative of any Company or applicable third-party policy. If the Company discovers a violation, it will take whatever action it deems reasonably necessary or appropriate to address such behavior. This may include disclosing the user’s personal information to a third party claiming that such user violated rights (such as intellectual property or privacy rights). It may also include taking legal action (including making a referral to law enforcement). It will most definitely include immediately suspending or terminating the user’s access to the Web Accessed Resources. YOU HEREBY WAIVE AND HOLD HARMLESS COMPANY, ALONG WITH COMPANY’S EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM, OR ARISING DIRECTLY OR INDIRECTLY OUT OF, ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Modifications and Updates to this AUP

The Company reserves the right to modify and update this AUP at any time in its sole discretion, through posting an updated version to www.foodtecsolutions.com/accaptableuse. Except as otherwise provided by the Company, updates will be effective upon the date indicated at the top of this AUP. The updated version of the AUP will supersede all prior versions. Note that the Company‘s failure to enforce this policy in any instance and for whatever reason shall not be construed as a waiver of its right to do so at any other time.

Account Security

Each Client, and each of Client’s users is responsible for any misuse of account credentials, even if the inappropriate activity was actually committed by someone other than the account holder (i.e., family member or friend, for example). Therefore, each user must take all reasonable steps to protect the account from unauthorized access. In addition, no user may access the account to breach the security of any other user’s account or attempt to gain unauthorized access to another server or network. As such, each user must ensure the security of the password at all times, including without limitation, by not sharing it with others for any reason. Additionally, passwords should be hard to guess and changed on a regular basis.

Reporting Violators

The Company requests that any user who believes that a violation of this AUP or any other Company policy has taken place should report the alleged violation to the Company promptly. Such report shall be sent to [contact name and email address]. The following information should be included:

  • Name of alleged violator(s);

  • Date and time (including time zone) of the alleged violation(s);

  • The IP address(es) used to commit the alleged violation(s);

  • Description of alleged violation(s);

  • Evidence of the alleged violation(s) (including screenshots and videos); and

  • The reporter’s involvement, if any, in the violation (and how the violation was discovered in the first instance).

The identity of those who report known or suspected violations will be maintained by the Company with the utmost secrecy at all times.

If you have any questions regarding this policy, please contact us at [applicable contact information].

  1. Messaging Specific Prohibitions on Use; Third Party Beneficiaries

The following AUP provisions are immediately applicable to any “Messaging Services”, “Client Messages” whether provided by the Company through an “Integration” or independently procured by the Client as a “Third Party Service” as those terms are defined within the “Terms and Conditions”. With respect to those Messaging Services are provided by FoodTec through an “Integration” with the support of one or more “Messaging Platform Vendors” and their respective “Telecommunications Carriers”, as those terms are also defined within the “Terms and Conditions” such parties shall be intended third party beneficiaries of Client’s compliance and conduct undertakings.

  1. Opt-in and Opt-Out Opt-in

Opt-in: Client should secure explicit permission to contact the recipients who knowingly opt in on the type of Client Messages and who have been informed of their rights to, and been given, a free, readily accessible process for cancelling receipt or “opting-out” of receiving future Messages, such as via Consumer text responses of STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE. All records of consent must clearly identify the person providing it by ensuring the persons provide you with their full name and their date of birth as a minimum. Client shall maintain sufficient proof of the fact that you have received permission from all recipients of Messages sent by Client .

Opt-out: Providing recipients with an option to cease receiving Client Messages is a wise way to reduce complaints. Client is obliged to include an opt-out link in every Messages you send unless it is exempted by the applicable law. This link must allow a recipient to leave your sending list and consequently to not receive any future messages from you. The opt out link may not be hidden or connected with other links. They must be clearly visible and properly described in a language understood by the recipients.

Please be reminded that any Client Messages that required by law to include an opt-out link but omitted may not be processed by Messaging Platform Vendors, it being understood however, that NETITHER COMPANY NOR ITS MESSAGING PLATFORM VENDORS HAVE ANY RESPONSIBILITY FOR REVIEWING CLIENT MESSAGES.

Client shall immediately stop sending Client Messages to a Consumer who has “opted-out” from receiving such Messages.  At Company’s request, Client shall provide Company with proof of any and all such  opt-in(s) and opt-out(s), and response time to discontinue transmission of Messages after opt-out, to Company’s reasonable satisfaction.

  1. Identified Source of Client Messages

Client shall inform Consumers that it is the source and supplier of the Messages and provide appropriate contact details to Consumers. Client shall bear sole responsibility for the acts, omissions or breaches of Consumers with respect to the use of the Service, Client Services and the Messages, including but not limited to the Client Data and Client Content, as such terms are defined with the “Terms and Conditions”. Client shall promptly inform Company if it becomes aware of any violation of the AUP.

C. Messaging Conduct

Clients shall use Messaging Services to send Client Messages relating to its business and publish legal content in accordance with this AUP Policy, Client’s privacy policy, and any applicable terms and conditions governing FoodTec Products.

Clients are prohibited from using Messaging Services to send any Messages that are offensive, promote anything illegal, or harass anyone. Client may not send any Client Messages containing content of the following nature:

• The promotion of illegal goods or services;

• Client Messages that violate any laws that are applicable to you, including Messages that violate any Anti-Spam laws;

• that in any other manner violates any applicable law, regulation, industry guidelines, or code of practice, or that violates, infringes or misappropriates the rights of any third party;

• Pornography or other sexually explicit;

• Marketing or commercial Client Messages without permission of the recipients;

• to transmit any Message or any electronic material (including viruses or other similar destructive computer programming routines) which causes, or is likely to cause, detriment or harm or damage to the network of any of Company, Messaging Platform Vendor or Telecommunications Carrier or any computer systems or telecommunications equipment or mobile handsets owned by any of them or any other person, or to facilitate the transmission or use of any code that would allow any third party to interfere with or access any Client Data; • to send spam, “junk mail” or unsolicited advertising or promotional ClientMessages or material, or to send or knowingly receive or use any Client Message or material which is obscene, offensive, abusive, harassing, misleading, fraudulent, violent, unethical, indecent, defamatory, discriminatory, threatening, libelous, unlawful or menacing or promotes alcohol abuse or illegal drug use; or • to send any Messages that contain medical and/or life-threatening emergency information if the such Client Message is the sole transmission channel to the Consumer with respect to such emergency.
  1. Prohibited Industries; Industry References

Some industries are prone to unusually high levels of abuse complaints, which may be detrimental to the deliverability of all messaging traffic. To maintain the highest delivery rates possible for all our clients, we restrict businesses that offer, or refer to, the following type of products and/ or services from using Messaging Services:

• adult items;

• alcohol or tobacco products;

• credit repair and debt restructuring services;

• escort or dating services;

• gambling games;

• mortgages and loans;

• nutritional, herbal or vitamin supplements;

• online trading or stock market related services;

• pharmaceutical products;

• political or religious information;

• products or services that concern people underage.

  1. Recourse by Company, Messaging Platform Vendors and Telecommunications Carriers in Event of Client Spamming; Waiver of Liability

If Company, its Messaging Platform Vendors, and/or respective Telecommunications Carriers find out that Client is using its account to send Client Messages that are or contain spam you should expect all or some of the following may happen without further delay, or notice to you, upon detection of the spam Client Messages:

• Suspension of your account without refund;

• Termination of the applicable agreement(s) between you and CM.com;

• You shall indemnify Company, and its Messaging Platform Vendors against all loss and damages that incurred from your spamming activity;

•Legal action

Company, its Messaging Platform Vendors and Telecommunications Carriers shall in no way be held responsible to you and may terminate your accounts/ contracts for violation(s) of laws, applicable regulations, or the policies of Messaging Platform Vendors and Telecommunications Carriers that are violated by Client’s violation of this AUP.

  1. Client Responsibility and Indemnity

Company may, in its sole discretion, require Client to take primary responsibility for any request or inquiry, whether originating from a Messaging Platform Vendor, Telecommunications Carrier or regulator, relating to any Client Message(s) or Client Data or arising from Client’s use of Messaging Services or from an alleged or actual breach of this AUP by Client.

Client agrees, at its own cost, to accept full responsibility for any such request or inquiry including for any expenses, penalties, fines, sanctions or other analogous costs that may arise, and in relation to such request or enquiry, to provide all requested information to such Messaging Platform Vendor, Telecommunications Carrier or regulator (with copies to Company) in a timely manner.

In addition, and not in lieu of indemnity undertakings contained within the Terms and Conditions, Client will indemnify and, at Company’s election, defend Company, its officers, directors, employees, subcontractors and affiliates from and against:

(a) any claims (including, but not limited to, any claims, fines, penalties, or losses) or other liabilities brought against Company, its Affiliates and subcontractors by any third party (including, but not limited to, any other Company client, Service Provider or governmental or regulatory authority) relating to Client Data, Client Services, Messages or Client’s use of the Messaging Services (including, but not limited to, any such claim which relates to infringement or misappropriation of any intellectual property rights of any third party or any breach or violation of laws or regulations); and

(b) all damages finally awarded against Company, its Affiliates and subcontractors with respect to these claims.

Client agrees that, with respect to its supply of the Messaging Services, neither Company nor any Messaging Platform Vendor, Telecommunications Carrier shall be liable whether in contract, tort, or strict liability to Client or to any Consumer or any other customer of Client for (i) any Messages deleted or not delivered regardless of the reason for deletion or non-delivery, including, without limitation, message processing errors, transmission errors, or messaging network and/or service failures; or (ii) the accuracy of information provided through the Messaging Services.