Terms of Service — OrderSomm
Effective date: January 1, 2025 · Last updated: May 2026
1. About OrderSomm
These Terms of Service ("Terms") are between you and OrderSomm LLC ("OrderSomm," "we," "us," or "our"), a limited liability company incorporated under the laws of Missouri. OrderSomm is an AI-powered dining intelligence platform that provides personalized menu recommendations to restaurant guests and live floor intelligence to restaurant operators.
By creating an account or using the OrderSomm platform — either as a guest at a participating restaurant or as a restaurant operator — you agree to these Terms. If you do not agree, do not use the service.
2. Eligibility & Account Registration
You must be at least 18 years of age to create a registered account on OrderSomm. By using the service, you represent that you meet this requirement. The service is not directed at children under 13, and we do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided personal information, we will delete it promptly.
When registering as an operator, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at legal@ordersomm.com if you suspect unauthorized access to your account. OrderSomm is not liable for losses resulting from unauthorized use of your credentials.
3. Use of the Service
OrderSomm is provided to enhance the dining experience. As a guest, you may use the platform to receive personalized food and drink recommendations based on your stated preferences. As an operator, you may use the platform to manage your menu, view live floor intelligence, and configure your brand settings.
You agree not to:
- Misuse the service or attempt to reverse-engineer the recommendation engine
- Submit false or misleading preference data with intent to disrupt the system
- Use the platform for any unlawful purpose
- Attempt to gain unauthorized access to any part of the service or its infrastructure
- Use automated tools, bots, or scrapers to access the service without prior written consent
- Upload or transmit content that is defamatory, obscene, fraudulent, or that infringes any third-party intellectual property rights
- Interfere with or disrupt the integrity or performance of the service or any underlying systems
- Impersonate another person or entity or misrepresent your affiliation with any person or entity
- Resell, sublicense, or commercially exploit any portion of the service without our prior written consent
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including suspending or terminating accounts.
4. Guest Sessions
When you begin a dining session, OrderSomm creates a temporary session record linked to your stated name and table number. This session stores your preference selections and the recommendations generated for you. Sessions are associated with a single dining visit and are not linked to a persistent user account unless you choose to create one.
Guest session data is automatically deleted 90 days after creation for guests without a registered account. See our Privacy Policy for full retention details.
5. Dietary & Allergen Information
OrderSomm provides recommendations based on the preference and restriction information you provide and the menu data supplied by the restaurant operator. While we take care to surface dietary and allergen flags accurately, OrderSomm does not guarantee the absence of any allergen in any dish. Always inform your server of any serious food allergy. OrderSomm is an intelligence tool — final allergen responsibility rests with the restaurant operator.
6. Operator Responsibilities & Subscription
Operators who configure and use OrderSomm are responsible for ensuring the accuracy of their menu data, including descriptions, ingredients, allergen tags, and pricing. Operators must keep their credentials secure and must not share access with unauthorized parties. Operators represent that they have all necessary rights and permissions to upload and display the content they provide to the platform.
Subscription & Billing
- Access to the operator dashboard and live guest menu requires an active paid subscription.
- Subscriptions are billed on the cycle selected at sign-up (monthly or annual) and renew automatically unless cancelled.
- You may cancel your subscription at any time through the billing portal. Access continues until the end of the current billing period; no partial-period refunds are issued unless required by applicable law.
- We reserve the right to change subscription pricing with at least 30 days' notice. Continued use after the effective date constitutes acceptance of the new price.
- All payments are processed by Stripe, Inc. By subscribing you also agree to Stripe's Services Agreement.
- In the event of non-payment, we reserve the right to suspend or terminate your access to operator features after reasonable notice.
7. Operator Content License
By uploading menu data, images, brand assets, or any other content to the platform ("Operator Content"), you grant OrderSomm a non-exclusive, worldwide, royalty-free license to host, display, process, and transmit that content solely as necessary to operate and deliver the service to you and your guests. This license terminates when you remove the content or close your account.
You retain full ownership of your Operator Content. OrderSomm will not sell or license your menu data to third parties for their independent commercial use.
8. AI-Generated Content
Certain features use large language models (including OpenAI's GPT-4o) to parse menu content supplied by operators and to generate recommendation rationales. AI-generated content is provided as-is and may occasionally be inaccurate. Operators are responsible for reviewing AI-extracted menu data before making it available to guests. OrderSomm is not liable for inaccuracies in AI-generated output.
Your use of AI-powered features is also subject to the usage policies of the underlying AI providers. We reserve the right to limit or modify AI features at any time based on changes to those third-party services.
9. Third-Party Services
OrderSomm integrates with third-party services including Stripe (payment processing), OpenAI (AI recommendation features), and Resend (transactional email). Use of these services is subject to their respective terms and privacy policies. OrderSomm is not responsible for the practices or content of third-party services. Links to third-party websites are provided for convenience and do not constitute an endorsement.
10. Privacy
Your use of OrderSomm is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the service, you consent to the data practices described in that policy.
11. Intellectual Property
The OrderSomm platform — including its AI recommendation engine, flavor pairing logic, user interface, and branding — is proprietary to OrderSomm LLC. You may not copy, reproduce, or distribute any part of the platform without our prior written permission. Operator menu content uploaded to the platform remains the intellectual property of the respective operator.
"OrderSomm" and associated logos and product names are trademarks of OrderSomm LLC. You may not use our trademarks without prior written consent.
12. Feedback
If you submit suggestions, ideas, enhancement requests, or other feedback about the service ("Feedback"), you grant OrderSomm a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize that Feedback in any manner without compensation or attribution to you.
13. Termination
You may stop using the service and close your account at any time by contacting us at legal@ordersomm.com. Operator subscriptions cancelled through the billing portal remain active until the end of the current billing period.
We reserve the right to suspend or terminate your access to the service, with or without notice, if we determine in our sole discretion that you have violated these Terms, that continued access poses a risk to the service or other users, or as required by law. Upon termination, your right to use the service ceases immediately.
Following account closure, operator data is retained for up to 90 days to allow for reactivation requests, after which it is permanently deleted except where retention is required by law. Sections 7, 11, 12, 14, 15, 16, 17, 18, and 19 of these Terms survive termination.
14. 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. OrderSomm DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OrderSomm LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION — ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total aggregate liability for any and all claims arising from these Terms or your use of the service is limited to the greater of (a) the amounts paid by you to OrderSomm in the twelve (12) months immediately preceding the claim, or (b) one hundred US dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above limitations may not apply to you.
16. Indemnification
You agree to defend, indemnify, and hold harmless OrderSomm LLC and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the service; (b) your violation of these Terms; (c) your Operator Content; (d) your violation of any applicable law or the rights of any third party; or (e) any allergen or dietary claim resulting from inaccurate menu data you have provided.
17. Dispute Resolution
Informal resolution: Before initiating any formal dispute, you agree to contact us at legal@ordersomm.com and provide a written description of the dispute. We will attempt to resolve the matter informally within 30 days.
Binding arbitration: If the matter is not resolved informally, all disputes arising from or relating to these Terms or the service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules. The arbitration shall take place in St. Louis, Missouri. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs unless the arbitrator determines otherwise.
Class action waiver: To the extent permitted by law, you waive any right to participate in a class action lawsuit or class-wide arbitration against OrderSomm.
Exception: Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm without waiving the right to arbitrate.
18. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of Missouri, United States, without regard to its conflict-of-law provisions. Any court proceedings (to the extent permitted alongside the arbitration clause above) shall be brought exclusively in the state or federal courts located in St. Louis, Missouri.
19. Export Control
The service may be subject to US export control laws, including the Export Administration Regulations. You agree not to export or re-export the service or any portion thereof to countries, persons, or entities prohibited by US export controls.
20. Force Majeure
OrderSomm will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, government action, labor disputes, internet or telecommunications failures, or power outages. We will use commercially reasonable efforts to resume normal operations as soon as practicable.
21. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. OrderSomm may assign these Terms or any rights hereunder, in whole or in part, without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void.
22. No Agency or Partnership
Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and OrderSomm. Neither party has authority to bind the other or to incur obligations on the other's behalf.
23. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
24. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any default shall not constitute a waiver of any subsequent default. All waivers must be in writing to be effective.
25. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms applicable to specific features of the service, constitute the entire agreement between you and OrderSomm LLC with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral.
26. Changes to These Terms
We may update these Terms from time to time. For material changes, we will provide at least 14 days' notice via email (to registered account holders) or a prominent notice on the platform. Continued use of OrderSomm after the effective date constitutes acceptance of the revised Terms. The date of the most recent revision appears at the top of this page.
See also: Privacy Policy · Legal contact: legal@ordersomm.com