SERVICE AGREEMENT
Effective Date: June 22, 2026
Last Updated: June 22, 2026
1. DEFINITIONS
For purposes of this Agreement:
“Services” means the Craviczo digital menu platform and all related software, hosting, support, customer engagement tools, QR menu technology, AI-generated content features, and associated services.
“Platform” means the proprietary software and systems operated by Company.
“Merchant Content” means any menu information, photographs, logos, trademarks, pricing, videos, text, descriptions, and other materials supplied by Merchant.
“Third-Party Services” means any products or services provided by entities other than Company, including hosting providers, AI providers, analytics tools, review platforms, social media platforms, and payment processors.
2. SCOPE OF SERVICES
Company agrees to provide Merchant access to the Craviczo Digital Menu Platform, which may include:
- QR-based digital menu technology;
- Menu design and setup;
- Hosting and platform access;
- Customer engagement tools;
- Review generation features;
- Gallery and image management;
- Optional AI-generated nutritional and allergen information;
- Technical support and updates.
Company reserves the right to modify, enhance, discontinue, or replace features and functionality at its sole discretion. Nothing herein shall obligate Company to provide any custom development unless expressly agreed to in writing.
3. IMPLEMENTATION AND DELIVERY
Merchant shall provide all materials necessary for onboarding, including but not limited to:
- Menu items;
- Prices;
- Categories;
- Logos;
- Images;
- Business information;
- Social media information.
Company shall use commercially reasonable efforts to configure Merchant’s account and make the Services available within two (2) to three (3) business days after receipt of all required materials.
Delivery dates are estimates only and shall not constitute guarantees.
Merchant shall inspect the completed menu and notify Company in writing of any material discrepancies within five (5) business days following delivery. Absent written notice during such period, the implementation shall be deemed accepted.
4. SUBSCRIPTION FEES
Merchant agrees to pay all applicable fees associated with the selected subscription plan.
Fees may include:
- Initial setup fees;
- Monthly subscription fees;
- Add-on services;
- Photography services;
- Premium customization fees;
- Taxes required by law.
Subscription fees are billed monthly in advance and are due on the eighth (8th) day of each month unless otherwise agreed. All fees are stated in United States Dollars.
Except as otherwise required by law, payments are non-refundable. Company reserves the right to modify pricing upon thirty (30) days prior written notice.
5. AUTOMATIC BILLING AUTHORIZATION
Merchant authorizes Company to automatically charge the payment method maintained on file for recurring subscription fees, applicable taxes, and any authorized services.
Merchant agrees to maintain valid and current billing information.
If any payment is declined, Company may:
- Retry the charge;
- Suspend Services;
- Restrict access;
- Terminate Services.
Merchant remains responsible for all outstanding balances.
Failure to receive an invoice or billing reminder shall not relieve Merchant of payment obligations.
6. TERM AND TERMINATION
This Agreement shall commence on the Effective Date and shall continue on a month-to-month basis unless terminated.
Either party may terminate this Agreement by providing at least thirty (30) days written notice.
Company may immediately suspend or terminate Services in the event of:
- Nonpayment;
- Fraud;
- Illegal activity;
- Violation of this Agreement;
- Misuse of the Platform;
- Abuse toward Company personnel.
Upon termination:
- Merchant access shall cease;
- Company may deactivate the account;
- No prorated refunds shall be owed unless required by law.
Termination shall not relieve Merchant from any obligations accrued before termination.
7. MERCHANT RESPONSIBILITIES
Merchant agrees to:
- Provide complete and accurate information;
- Maintain current menu prices and descriptions;
- Verify all content before publication;
- Comply with all applicable federal, state, and local laws;
- Obtain all required licenses and permits;
- Maintain food safety compliance;
- Ensure tax compliance.
Merchant acknowledges that Company does not prepare, sell, or serve food and assumes no responsibility for Merchant’s products or services.
Merchant remains solely responsible for:
- Menu accuracy;
- Pricing accuracy;
- Ingredient disclosures;
- Nutritional information;
- Allergens;
- Taxes;
- Promotional offers.
8. INTELLECTUAL PROPERTY
The Platform, software, source code, designs, trademarks, logos, layouts, graphics, databases, and related materials constitute proprietary intellectual property owned exclusively by Company.
Merchant is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely during an active subscription.
Nothing contained herein transfers ownership rights to Merchant.
Merchant retains ownership of Merchant Content.
Merchant grants Company a non-exclusive worldwide license to use, reproduce, display, publish, and modify Merchant Content solely for:
- Providing the Services;
- Marketing and promotional purposes;
- Demonstrations and portfolio purposes,
unless Merchant requests otherwise in writing.
Merchant represents and warrants that it owns or possesses all rights necessary to use and provide such content.
9. MERCHANT CONTENT WARRANTY
Merchant represents and warrants that all information, materials, logos, trademarks, photographs, images, videos, menus, descriptions, and other content supplied to Company are owned by Merchant or used with all necessary rights, licenses, and permissions.
Merchant further represents that such materials:
- Do not infringe upon the intellectual property rights of any third party;
- Do not violate any law, regulation, or contractual obligation;
- Are accurate and not misleading;
- Do not contain defamatory, unlawful, offensive, or fraudulent material.
Merchant shall be solely responsible for all claims arising from Merchant Content.
10. AI-GENERATED CONTENT DISCLAIMER
Company may provide optional artificial intelligence (“AI”) tools capable of generating menu descriptions, translations, nutritional information, allergen information, marketing materials, and related content.
Merchant acknowledges and agrees that:
- AI-generated content is provided for informational and convenience purposes only;
- Company does not guarantee the accuracy, completeness, reliability, or suitability of AI-generated content;
- AI-generated information may contain errors or omissions;
- Merchant remains solely responsible for reviewing and approving all content prior to publication.
Under no circumstances shall Company be liable for damages arising from reliance upon AI-generated content.
11. FOOD, NUTRITIONAL, AND ALLERGEN DISCLAIMER
The Services may include descriptions regarding ingredients, calories, nutritional values, allergens, dietary preferences, or related food information.
Merchant acknowledges that Company does not prepare food, manufacture ingredients, or control food preparation processes.
Accordingly:
- Nutritional information is provided solely for informational purposes;
- Company does not guarantee the accuracy of ingredient, nutritional, or allergen information;
- Cross-contamination risks cannot be evaluated by Company;
- Merchant is solely responsible for verifying all food information;
- Merchant assumes full responsibility for compliance with applicable health, food labeling, and consumer protection laws.
Company expressly disclaims liability for any allergic reactions, health conditions, injuries, or damages arising from inaccurate or incomplete food information.
12. THIRD-PARTY SERVICES
The Services may rely upon or integrate with Third-Party Services, including but not limited to:
- Google services;
- Meta platforms;
- Social media providers;
- Hosting providers;
- Cloud storage services;
- Artificial intelligence providers;
- Analytics platforms;
- QR code services;
- Review platforms;
- Email service providers.
Company neither controls nor guarantees the availability, functionality, security, or policies of Third-Party Services.
Company shall not be liable for:
- Service interruptions;
- Delays;
- Data loss;
- Changes in third-party policies;
- Suspension or termination of third-party services.
Merchant’s use of Third-Party Services shall be subject to the terms and policies of such providers.
13. ACCEPTABLE USE POLICY
Merchant agrees not to use the Services:
- In violation of any applicable law or regulation;
- For fraudulent, deceptive, or misleading purposes;
- To transmit unlawful, defamatory, obscene, or offensive material;
- To distribute malware or malicious software;
- To interfere with or disrupt the Platform;
- To attempt unauthorized access to Company systems;
- To infringe upon intellectual property rights;
- To engage in illegal or prohibited business activities.
Company reserves the right to suspend or terminate Services immediately if Company reasonably determines that Merchant has violated this section.
Such suspension or termination shall not relieve Merchant of outstanding payment obligations.
14. SERVICE AVAILABILITY
Company shall use commercially reasonable efforts to maintain the availability and reliability of the Services.
Merchant acknowledges that uninterrupted access cannot be guaranteed.
Temporary interruptions may occur due to:
- Scheduled maintenance;
- Software updates;
- Hardware failures;
- Internet disruptions;
- Third-party outages;
- Security incidents;
- Events beyond Company’s control.
Company does not warrant that the Services will be uninterrupted, error-free, or available at all times.
15. DATA PRIVACY
Company may collect, store, process, and analyze operational and technical information necessary to provide and improve the Services.
Company shall handle information in accordance with applicable privacy laws and Company’s Privacy Policy.
Merchant acknowledges and agrees that:
- Company does not sell payment card information;
- Company is not a payment processor;
- Company does not intentionally collect sensitive payment card data;
- Merchant remains responsible for compliance with all laws applicable to its own customers and operations.
Merchant shall obtain any customer consents required under applicable laws.
16. MARKETING AND REVIEW FEATURES
If enabled, the Platform may provide tools intended to facilitate customer engagement and encourage online reviews.
Merchant agrees that:
- Reviews must be obtained in compliance with applicable laws and platform policies;
- Company does not guarantee positive reviews or ratings;
- Company does not control third-party review platforms;
- Company is not responsible for the removal, filtering, or moderation of reviews by third parties.
Merchant assumes full responsibility for compliance with all policies established by Google, Meta, Yelp, and other review providers.
17. NO GUARANTEE OF RESULTS
Merchant acknowledges that Company makes no guarantees regarding:
- Revenue increases;
- Sales growth;
- Customer traffic;
- Customer retention;
- Search engine rankings;
- Online visibility;
- Number of reviews;
- Ratings or review scores;
- Business profitability.
Any examples, projections, estimates, case studies, or marketing materials are illustrative only and shall not constitute guarantees or warranties.
Individual results may vary significantly.
18. INDEMNIFICATION
Merchant shall defend, indemnify, and hold harmless Company, its officers, members, managers, employees, affiliates, contractors, successors, and assigns from and against any and all claims, liabilities, damages, losses, fines, penalties, costs, expenses, and reasonable attorney fees arising from or relating to:
- Merchant’s products or services;
- Menu inaccuracies;
- Pricing errors;
- Food allergen claims;
- Consumer complaints;
- Intellectual property infringement relating to Merchant Content;
- Violations of law;
- Negligence or misconduct of Merchant;
- Misrepresentations made by Merchant.
Merchant’s obligations under this section shall survive termination of this Agreement.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR:
- LOST PROFITS;
- LOSS OF REVENUE;
- LOSS OF BUSINESS OPPORTUNITIES;
- LOSS OF GOODWILL;
- INCIDENTAL DAMAGES;
- INDIRECT DAMAGES;
- SPECIAL DAMAGES;
- CONSEQUENTIAL DAMAGES;
- PUNITIVE DAMAGES.
COMPANY SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM:
- ERRORS IN MERCHANT CONTENT;
- THIRD-PARTY SERVICE FAILURES;
- INTERNET OUTAGES;
- CYBERATTACKS;
- UNAUTHORIZED ACCESS;
- FORCE MAJEURE EVENTS;
- DELAYS OR INTERRUPTIONS OF SERVICE.
IN NO EVENT SHALL COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL FEES ACTUALLY PAID BY MERCHANT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS CONTAINED HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
20. FORCE MAJEURE
Company shall not be liable for any delay, interruption, or failure to perform its obligations under this Agreement resulting from causes beyond its reasonable control, including but not limited to:
- Acts of God;
- Natural disasters;
- Floods;
- Fires;
- Earthquakes;
- Pandemics;
- Epidemics;
- Labor disputes;
- Governmental actions;
- Civil disturbances;
- Internet outages;
- Utility failures;
- Cyberattacks;
- Telecommunications failures;
- Failures of Third-Party Services.
Performance obligations affected by such events shall be suspended for the duration of the event.
21. NON-EXCLUSIVITY
Nothing contained in this Agreement shall grant Merchant any exclusive rights.
Company may provide similar services to other businesses, including competitors of Merchant.
Merchant shall not acquire any ownership or exclusivity rights in Company technology, products, or services.
22. DISPUTE RESOLUTION
The parties agree to first attempt to resolve any dispute arising out of or relating to this Agreement through good-faith negotiations.
If a dispute cannot be resolved through informal discussions, either party may initiate binding arbitration as provided below.
23. BINDING ARBITRATION
Any claim, controversy, or dispute arising out of or relating to this Agreement, the Services, or the relationship between the parties shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”).
Arbitration shall:
- Take place in the State of New Jersey;
- Be conducted in English;
- Be governed by the Federal Arbitration Act;
- Be conducted before a single arbitrator;
- Be final and binding upon the parties.
Judgment upon the arbitration award may be entered in any court having jurisdiction.
Nothing herein shall prevent either party from seeking temporary injunctive or equitable relief.
24. CLASS ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT ANY CLAIM SHALL BE BROUGHT ONLY IN ITS INDIVIDUAL CAPACITY.
THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO:
- PARTICIPATE IN A CLASS ACTION;
- SERVE AS A CLASS REPRESENTATIVE;
- PARTICIPATE IN A COLLECTIVE ACTION;
- CONSOLIDATE CLAIMS WITH OTHER PARTIES.
25. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey and applicable federal laws, without regard to conflict of laws principles.
26. ENTIRE AGREEMENT
This Agreement, together with Company’s Privacy Policy and any written addenda executed by the parties, constitutes the entire agreement between Company and Merchant concerning the Services.
This Agreement supersedes all prior:
- Negotiations;
- Discussions;
- Proposals;
- Representations;
- Agreements;
- Understandings,
whether oral or written.
No amendment shall be effective unless made in writing by Company.
27. SEVERABILITY
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
Any invalid provision shall be modified only to the extent necessary to make it enforceable.
28. ASSIGNMENT
Merchant may not assign, transfer, sublicense, or delegate any rights or obligations under this Agreement without Company’s prior written consent.
Company may assign this Agreement to an affiliate, successor, purchaser, or acquirer without Merchant’s consent.
This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
29. NO PARTNERSHIP
Nothing contained in this Agreement shall be construed to create:
- A partnership;
- Joint venture;
- Agency relationship;
- Franchise relationship;
- Employment relationship;
- Fiduciary relationship
between Company and Merchant.
Each party remains an independent contractor.
30. WAIVER
Failure by Company to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
No waiver shall be effective unless in writing and signed by Company.
31. NOTICES
All notices required under this Agreement shall be delivered by:
- Electronic mail; it shall be sent to mailing address: admin@craviczo.com
- Certified mail;
- Other written means reasonably calculated to provide notice.
Merchant shall be responsible for maintaining current contact information.
32. PRIVACY POLICY INCORPORATION
Merchant acknowledges that use of the Services is subject to Company’s Privacy Policy, as amended from time to time, which is incorporated herein by reference.
Merchant agrees to review the Privacy Policy periodically and remain bound by its terms.
33. ELECTRONIC RECORDS AND SIGNATURES
The parties agree that:
- Electronic signatures;
- Digital signatures;
- Checkboxes;
- Online acceptance;
- Electronic acknowledgments;
shall constitute legally binding acceptance of this Agreement.
This Agreement shall be governed by the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), the Uniform Electronic Transactions Act (“UETA”), and any other applicable laws recognizing electronic signatures.
Electronic copies shall be deemed originals and shall have the same legal effect as manually executed documents.
34. SURVIVAL
The provisions relating to:
- Intellectual Property;
- Merchant Content;
- Indemnification;
- Limitation of Liability;
- Arbitration;
- Governing Law;
- Payment Obligations;
- Confidentiality;
- Any provision intended by its nature to survive,
shall survive expiration or termination of this Agreement.
35. ACCEPTANCE
BY ACCESSING, USING, OR SUBSCRIBING TO THE SERVICES, MERCHANT ACKNOWLEDGES THAT MERCHANT HAS READ, UNDERSTOOD, AND AGREES TO BE LEGALLY BOUND BY THIS AGREEMENT.