Terms of service

1. Agreement

By creating a Delitero account, or by using the service, you accept these terms. If you accept them on behalf of a restaurant or other business, you confirm that you have authority to bind that business, and "you" means that business.

If you do not agree to these terms, do not use the service.

2. The service

Delitero is self-serve online ordering software for restaurants in the United States. It gives your restaurant a hosted ordering page and an embeddable ordering widget for your own website, an admin portal for your menu, orders, team, and settings, a kitchen order screen for paired devices, and delivery dispatch for your own drivers.

Two groups of people use the service. Restaurants: you are our customer. You open the account, build the menu, connect your own Stripe account, and fulfill orders. Diners: your customers. They order from your ordering page or widget without creating any account. Their purchase is from you, not from us (see section 8).

Delitero is a software provider. We are not a food seller, a marketplace, a delivery network, or a payment processor. Every sale made through the service is a sale by the restaurant, on the restaurant's own Stripe account, and the restaurant is the merchant of record for it.

3. Your account

You must be at least 18 years old and able to form a binding contract to open an account. The service is offered for restaurants operating in the United States.

You are responsible for your account credentials and for everything done under your account. Keep your password confidential. Tell us promptly at the contact address in section 16 if you believe your account has been compromised.

Your account can include people and things you create and control. Team members: you can invite managers and staff to your restaurant. You choose their roles, and you are responsible for what they do in your restaurant's account. You can change their role or remove them at any time. Kitchen devices: you can pair devices to receive and manage orders. A paired device can act on orders for your restaurant. Revoke devices you no longer control. Courier accounts: you can create accounts for your own delivery drivers. There is no driver self-signup. Your couriers act on your behalf, and their deliveries are your deliveries.

4. Fees and payment

Delitero charges one fee: 5% of each order, charged only when an order is sold. There is no subscription, no setup fee, no monthly minimum, and no charge for orders that never happen.

The fee is collected automatically as a Stripe application fee on each successful payment. You never receive an invoice from us for it, and we never pull money from your bank account.

Tips are exempt. The fee is 5% of the order total excluding the diner's tip. Tips are your money in full. If an order is discounted by one of your promo codes, the fee is 5% of the amount actually charged (still excluding the tip).

Card processing fees are separate. Stripe charges you its standard processing rate on each payment. Those fees are set by and paid to Stripe, not to us.

We may change the fee in the future. If we do, we will give you at least 30 days notice by email before the new fee applies, and you can close your account before it takes effect (section 10).

5. Payments, payouts, and refunds

Payments run on Stripe Connect. You connect your own Stripe account to Delitero. Every diner payment is a direct charge on your Stripe account. The money settles to you under your agreement with Stripe, on Stripe's payout schedule.

Delitero never holds your money. We never take custody of diner payments, we have no access to your bank account, and we store only your Stripe account identifier, never card numbers or bank details. If Delitero shut down, your Stripe account and its balance would be unaffected.

Your use of Stripe is governed by your own agreement with Stripe, including the Stripe Services Agreement and the Stripe Connected Account Agreement. You must keep your Stripe account in good standing to accept payments through the service.

Refunds are between you and your diner. You issue them from your Delitero admin or kitchen screen, and Stripe processes them on your account back to the diner's original payment method. Refunds may be for the full order amount or a partial amount. Delitero does not decide, issue, or fund refunds. Chargebacks and payment disputes on your Stripe account are likewise yours to handle under Stripe's rules. Our 5% fee is not returned when you refund an order, since the order was sold and the service was rendered.

6. Your content and data

Everything you put into the service stays yours: your menu, your item photos, your restaurant name and branding, your order history, and your customers' details. Diners who order from your page are your customers, not ours.

You grant us a limited license to host, store, process, and display that content, only as needed to run the service for you. That means things like serving your menu to diners, sending order receipts, and showing your order history in your admin. The license ends when the content is deleted or your account is closed, except for copies we retain as described in the privacy policy.

You are responsible for having the rights to everything you upload, including photos.

We do not sell your data or your customers' data, and we do not market to your customers. The privacy policy describes our data practices in full.

7. Restaurant responsibilities

You run a food business. The service takes orders for you, but the business remains yours.

Menu accuracy: item names, descriptions, photos, prices, and availability must be accurate and kept current. Diners pay the prices you publish.

Food safety and legal compliance: you must hold all licenses and permits your business requires, and comply with all laws that apply to preparing and selling food, including health, safety, allergen, and labeling requirements.

Fulfilling orders: when a diner pays, you have taken their money and owe them the order. Accept, prepare, and hand off or deliver orders you receive, or refund them promptly.

Taxes: you are the merchant of record for every sale. You set your own tax rate in your settings, and the service applies it to your orders. You are responsible for determining the correct rate and for collecting, reporting, and remitting all taxes that apply to your sales. Delitero does not calculate your tax obligations for you and does not remit taxes on your behalf.

Delivery: if you enable delivery, you deliver with your own drivers, on your own terms, and you are responsible for them.

Your contact details: order escalation (section 11) calls and texts the phone number you configure. Keep it current.

8. Diner orders

This section is for diners who order from a restaurant's ordering page or widget.

Your order is a purchase from the restaurant. The restaurant prepares your food, sets its prices and tax rate, fulfills or delivers your order, and issues any refund. Delitero provides the ordering software and is not a party to the sale.

You do not need an account. Payment is processed by Stripe directly on the restaurant's Stripe account. Delitero never sees your card number.

Provide accurate contact and delivery details. The restaurant uses them to prepare, hand off, or deliver your order and to contact you about it if needed.

For a problem with an order, contact the restaurant first. Its phone number is on the ordering page and on your order status page. Refunds are issued by the restaurant and returned to your original payment method by Stripe.

9. Acceptable use

Do not: use the service for anything unlawful, or sell anything you are not licensed to sell; misrepresent your identity, your business, your menu, or your prices; place fraudulent orders, test stolen cards, or otherwise abuse the checkout; probe, overload, or disrupt the service, or attempt to bypass its rate limits or access controls; access another restaurant's data, or attempt to; scrape the service or harvest data from it; resell, sublicense, or white-label the service itself to others; or upload content that infringes someone else's rights or that is malicious.

We may suspend or terminate accounts that violate this section (section 10).

10. Cancellation and termination

You can leave at any time. There is no contract term, no minimum commitment, and no cancellation penalty. Stop using the service whenever you like, and contact us at the address in section 16 to close your account.

When you leave: your Stripe account is yours and keeps working. Disconnecting from Delitero does not touch your Stripe balance, payouts, or your ability to take payments elsewhere. Your customers stay yours. Ask us for a copy of your order history and customer details before or after closing, and we will provide it in a portable format. Fees already collected on completed orders are not refunded.

We can terminate too. We may suspend or close your account if you materially breach these terms, if your use creates legal exposure, fraud risk, or harm to diners or to the service, or if we discontinue the service. Unless the situation requires immediate action, we will give you notice and a chance to fix the problem, and if we discontinue the service entirely we will give you at least 30 days notice so you can export your data.

Sections that by their nature should survive termination do survive it, including sections 5 (as to completed payments), 6, 12, 13, 14, and 15.

11. Service availability

We work to keep the service available around the clock, and we build on infrastructure designed for that. We do not promise uninterrupted or error-free operation, and we do not currently offer a formal service level agreement or credits.

Some honesty about what the service does and does not guarantee: planned maintenance is rare by design and done to minimize disruption. New-order alerts include an escalation chain: if a paid order sits unaccepted, the service re-alerts your kitchen screen, then texts, then calls the phone number you configured. This is a safety net, delivered on a best-effort basis through third-party carriers. It does not replace staffing your kitchen. Payments depend on Stripe, and text and voice alerts depend on Twilio. Outages of those providers can affect the service.

12. Disclaimers

The service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, timely, secure, or error-free.

Delitero makes no promises about your sales volume, and no representations about the food, pricing, tax treatment, or conduct of any restaurant using the service.

13. Limitation of liability

To the maximum extent permitted by law: neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, even if advised of the possibility.

Delitero's total liability for all claims arising out of or relating to the service or these terms is capped at the greater of (a) the total fees Delitero collected from your orders in the 12 months before the event giving rise to the claim, and (b) 100 US dollars.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or willful misconduct.

14. Indemnification

You will defend and indemnify Delitero against third-party claims arising from your food and its preparation, your menu content, your tax obligations, your deliveries and drivers, your violation of law, or your breach of these terms. We will notify you promptly of any such claim and reasonably cooperate, at your expense.

15. Dispute resolution

Before any formal proceeding, contact us at the address in section 16 and give us 30 days to try to resolve the dispute informally. Most problems are fixable faster than any formal process.

16. Changes and contact

We may update these terms. For material changes we will email the account owner at least 30 days before the change takes effect and post the updated terms with a new effective date. If you keep using the service after the effective date, the updated terms apply. If you do not agree with a change, close your account before it takes effect (section 10).

Questions about these terms: support@delitero.com.