CaterZen Customer Terms of Service
Last Updated: June 29, 2026
These Customer Terms of Service govern access to and use of CaterZen’s catering software platform,
websites, mobile applications, online ordering tools, payment-related features, integrations, support
services, implementation services, training services, and related products or services, collectively referred to
as the “Services.”
These Terms are entered into by and between Barbecue Evangelist Enterprises, Inc., DBA CaterZen
Catering Software and Restaurant Catering Systems, referred to in these Terms as “CaterZen,” “we,” “us,”
or “our,” and the business, organization, restaurant, caterer, franchisee, franchise group, or other entity
using the Services, referred to as “Customer,” “you,” or “your.”
By creating an account, signing an order form, accepting a proposal, paying an invoice, clicking an
acceptance button, completing account setup, using the Services, or allowing users to access the Services
on behalf of your business, you agree to these Terms. If you are agreeing to these Terms on behalf of a
company or other legal entity, you represent that you have authority to bind that entity.
Electronic signatures, electronic records, online acceptance, and electronic communications will have the
same legal effect as original signatures and paper records.
1. Order Forms, Subscriptions, and Account Terms
Your subscription may be described in an order form, online checkout, proposal, invoice, onboarding
document, signed agreement, or other written confirmation accepted by CaterZen. Your order form may
include the products purchased, number of locations, subscription fees, implementation fees, billing
frequency, subscription term, payment method, and any special terms.
If there is a conflict between these Terms and a signed order form, the signed order form will control only
for that specific conflict.
Unless otherwise stated in your order form or written agreement, subscriptions renew automatically for
successive monthly or annual periods until canceled according to these Terms or the applicable order form.
CaterZen may offer different plans, packages, add-ons, integrations, payment-related services, implementation services, training services, or usage-based features. Additional terms may apply to certain products or services.
2. Access to the Services
Subject to your compliance with these Terms and timely payment of all fees, CaterZen grants you a limited,
non-exclusive, non-transferable right to access and use the Services for your internal business operations.
You may allow your employees, contractors, authorized representatives, locations, franchisees, or franchise-
related users to access the Services on your behalf, but only as permitted by the applicable order form, subscription plan, or written agreement with CaterZen.
You are responsible for all activity by your authorized users, locations, franchisees, and affiliated users,
including their compliance with these Terms, payment obligations, data entry, account settings, Customer
Data, and use of the Services.
Unless expressly permitted in writing by CaterZen, you may not resell, sublicense, rent, lease, transfer,
distribute, share, or make the Services available to unrelated third parties or to locations, franchisees, or
entities not covered by your subscription.
3. Account Responsibilities
You are responsible for maintaining accurate business, account, billing, tax, menu, location, and contact
information.
You are also responsible for keeping login credentials secure, assigning appropriate user permissions,
reviewing user access, and removing access for users who should no longer have access to your account.
You are responsible for all information entered into or configured within the Services, including menus,
prices, taxes, fees, discounts, delivery settings, ordering rules, Customer records, payment settings,
production settings, notifications, users, permissions, and reports.
CaterZen is not responsible for losses, errors, unauthorized access, or account misuse resulting from your
failure to manage account security, user permissions, passwords, or administrative access.
4. Customer Systems, Equipment, and Local Environment
Customer is responsible for obtaining, maintaining, and securing all hardware, devices, software, browsers,
internet access, network connections, electrical access, printers, tablets, phones, payment devices, and
other equipment needed to access and use the Services.
CaterZen is not responsible for delays, missed orders, printing failures, payment issues, production issues,
delivery issues, data syncing issues, downtime, or other problems caused by Customer’s equipment, local
network, internet connection, browser settings, device settings, third-party software, power issues, or
physical environment.
Customer is responsible for maintaining appropriate backup procedures and alternative processes for
receiving, reviewing, and fulfilling orders if Customer’s local equipment, internet access, printers, or other
systems are unavailable.
5. Customer Data
“Customer Data” means data, content, records, menu information, pricing, Customer contact information,
order details, payment-related metadata, delivery information, reports, files, images, communications, or
other materials submitted to, uploaded to, entered into, transmitted through, or generated through the
Services by or on behalf of you.
You own your Customer Data. CaterZen does not claim ownership of your Customer Data.
You grant CaterZen a limited license to host, process, transmit, display, store, use, and access Customer
Data as necessary to provide, maintain, secure, support, improve, and administer the Services.
You are responsible for the accuracy, quality, legality, and appropriateness of Customer Data and for
obtaining any rights, consents, permissions, or authorizations necessary for CaterZen to process Customer
Data in connection with the Services.
6. Aggregated, De-Identified, and Analytical Data
CaterZen may access, analyze, compile, use, and create aggregated, anonymized, or de-identified data
derived from Customer Data and use of the Services for internal business purposes, analytics,
benchmarking, reporting, product improvement, security, forecasting, research, training, support, and
development of new or improved features and services.
CaterZen will not use aggregated, anonymized, or de-identified data in a manner that identifies Customer,
Customer’s business, Customer’s locations, or Customer’s Customers.
Customer Data remains confidential as described in these Terms. CaterZen will not sell Customer Data or disclose identifiable Customer Data to third parties except as necessary to provide the Services, support Customer’s account, comply with applicable law, enforce these Terms, protect the Services, or as otherwise permitted by these Terms or Customer’s instructions.
7. Privacy and Data Protection
CaterZen’s handling of personal information is described in our Privacy Policy. If CaterZen processes
personal information on your behalf, additional data processing terms may apply.
You are responsible for complying with privacy laws that apply to your business, including laws related to
collecting, storing, using, texting, emailing, or otherwise communicating with your Customers.
You are responsible for providing any legally required privacy notices to your Customers and obtaining any
legally required consents related to your use of the Services.
8. Online Ordering, Menus, Pricing, and Customer Transactions
You are responsible for all menu content, pricing, item descriptions, images, availability, modifiers, lead
times, delivery zones, delivery fees, service fees, catering fees, payment fees, cancellation policies, refund
policies, tax settings, ordering rules, and other information displayed to your Customers through the
Services.
CaterZen provides software tools. You are the seller of record for the food, beverages, catering services,
delivery services, event services, and other products or services sold to your Customers.
CaterZen is not responsible for disputes between you and your Customers regarding orders, pricing,
refunds, cancellations, food quality, food safety, allergens, fulfillment, delivery, taxes, service fees, payment
fees, menu accuracy, event details, or Customer expectations.
You are responsible for complying with all laws and regulations that apply to your food service business,
including food safety, allergen disclosure, pricing disclosure, alcohol sales, age-restricted items, tax laws,
delivery laws, consumer protection laws, and accessibility laws.
9. Accessibility and ADA Compliance
Customer is solely responsible for determining and complying with any accessibility, ADA, website
accessibility, or similar legal requirements that apply to Customer’s business, website, online ordering
pages, menus, content, communications, and use of the Services.
CaterZen may provide tools, templates, online ordering pages, menu displays, images, forms, integrations,
and other features that Customer may configure, customize, edit, upload to, or publish. Customer is
responsible for reviewing and ensuring that all Customer-controlled content, settings, uploaded materials,
images, documents, descriptions, links, menus, ordering policies, and Customer-facing pages comply with
any accessibility laws, standards, or requirements applicable to Customer.
CaterZen does not represent, warrant, or guarantee that the Services, Customer’s website, Customer’s
online ordering pages, Customer-controlled content, or any materials created, uploaded, configured, or
published by Customer are compliant with the Americans with Disabilities Act, WCAG standards, or any
other accessibility law, rule, regulation, or standard.
Customer agrees that it is Customer’s responsibility to conduct any accessibility audits, obtain legal
guidance, make required modifications, and respond to any accessibility-related claims, requests,
complaints, or demands relating to Customer’s business, website, online ordering pages, menus, content,
or use of the Services.
10. Alcohol, Age-Restricted, and Regulated Products
Customer is solely responsible for determining whether any products or services sold, offered, listed, or
managed through the Services are subject to alcohol, tobacco, cannabis, age-restricted, licensing,
permitting, delivery, or other regulatory requirements.
Customer is the seller of record for all products and services offered to its Customers and is solely
responsible for obtaining and maintaining all required licenses, permits, registrations, approvals, and
insurance.
Customer is responsible for all age verification, identity verification, sobriety verification, delivery restrictions, product restrictions, disclosures, taxes, and compliance obligations related to alcohol, age-
restricted, or regulated products.
CaterZen may disable, restrict, or remove features, menu items, ordering options, payment features, or
delivery features if CaterZen believes they may create legal, regulatory, payment, processor, reputational, or
compliance risk.
11. Payment Processing and CaterPay
CaterZen may offer access to payment-related features, including CaterPay, stored payment methods, pre-
authorization tools, refund tools, payment reporting, and integrations with third-party payment processors, gateways, banks, acquiring banks, card networks, ACH providers, underwriting partners, or other payment-
related providers.
CaterZen is not a bank, card network, payment processor, acquiring bank, or money transmitter. Payment
processing services are provided by third-party providers and may be subject to additional applications,
underwriting, approvals, processor terms, network rules, fees, reserves, holds, chargeback rules, fraud
reviews, and compliance requirements.
By using CaterPay or any payment-related feature, you agree to:
Provide accurate business, ownership, banking, tax, and underwriting information.
Comply with all applicable processor, gateway, card network, ACH, fraud, refund, chargeback, and legal requirements.
Use payment features only for legitimate sales of your goods and services.
Not use payment features for illegal, fraudulent, deceptive, personal, or prohibited transactions.
Promptly respond to requests for information related to underwriting, fraud review, disputes, chargebacks, compliance, or risk review.
Be responsible for all refunds, chargebacks, returns, disputes, payment reversals, taxes, and Customer complaints related to your transactions.
CaterZen and its payment partners may suspend, restrict, delay, or terminate access to payment-related
features if required by law, processor rules, network rules, underwriting concerns, fraud concerns,
chargeback activity, risk review, nonpayment, suspicious activity, or violation of these Terms.
Payment processing fees, gateway fees, transaction fees, authorization fees, chargeback fees, return fees,
account fees, or other payment-related fees may apply. You are responsible for reviewing and
understanding all payment-related fees associated with your account.
CaterZen is not responsible for payment declines, processor outages, gateway outages, funding delays,
bank delays, chargebacks, reserves, holds, reversals, refunds, duplicate transactions, Customer disputes,
fraud losses, or payment-related actions taken by third-party providers.
12. Business Sale, Ownership Change, and Account Transfer
Customer may not assign or transfer its account, subscription, payment processing relationship, or rights
under these Terms without CaterZen’s prior written consent.
Customer agrees to notify CaterZen before any sale of Customer’s business, change of ownership, change
of legal entity, change of tax identification number, change of control, or transfer of substantially all assets
related to Customer’s use of the Services.
CaterZen may require the new owner or entity to enter into a new agreement, complete account
verification, update billing information, complete payment processing underwriting, provide tax
documentation, provide bank account documentation, or satisfy other onboarding or compliance
requirements.
CaterZen may suspend or restrict access to payment processing, payouts, billing changes, or account
transfer requests until the required documentation and verification steps are completed.
13. Fees, Billing, and Payment
You agree to pay all fees described in your order form, invoice, online checkout, proposal, subscription
agreement, or other written confirmation.
Unless otherwise agreed in writing:
Subscription fees are billed in advance.
Fees are exclusive of taxes unless otherwise stated.
You authorize CaterZen or its payment provider to charge your payment method for all amounts due.
If payment fails or your account becomes past due, CaterZen may suspend, restrict, or terminate access to
the Services after reasonable notice. Reactivation may require payment of all past due balances and any
applicable fees.
You are responsible for keeping a valid payment method on file and for providing updated billing
information when needed.
14. Fee Changes at Renewal
CaterZen may update subscription fees, add-on fees, location fees, usage fees, payment-related fees,
implementation fees, support fees, or other fees for future renewal terms or future services.
Unless otherwise stated in an order form or written agreement, CaterZen will provide reasonable advance
notice of material fee changes. Continued use of the Services after the effective date of the fee change
constitutes acceptance of the updated fees.
15. Taxes
You are responsible for all sales tax, use tax, VAT, GST, excise tax, withholding tax, or other taxes associated
with your subscription or use of the Services, except taxes based on CaterZen’s net income.
You are also responsible for configuring and applying taxes correctly to your own catering orders, online
ordering menus, delivery fees, service charges, catering fees, payment fees, invoices, quotes, and Customer
transactions.
CaterZen may provide tax tools, reports, settings, or configuration options, but CaterZen does not provide
tax, accounting, or legal advice. You should consult your tax advisor or legal advisor regarding tax treatment for your business.
16. Marketing, Email, SMS, and Customer Communications
CaterZen may provide marketing, CRM, email, SMS, notification, reminder, or Customer communication
tools.
Customer is responsible for ensuring that all emails, text messages, phone calls, automated messages, reminders, marketing campaigns, confirmations, and other communications sent through or using the Services comply with all applicable laws, including the Telephone Consumer Protection Act, CAN-SPAM Act,
carrier rules, state privacy laws, consent requirements, opt-out requirements, and similar laws or regulations.
Customer is responsible for obtaining and maintaining any legally required consent before sending
marketing or non-transactional communications to its Customers.
Customer is responsible for the content of all messages, the accuracy of recipient information, honoring
opt-out requests, and maintaining appropriate records of consent where required.
Transactional communications, such as order confirmations, receipts, delivery updates, payment
notifications, and service-related messages, may be treated differently from marketing communications
under applicable law. Customer is responsible for determining the proper classification and handling of its
communications.
CaterZen may suspend or restrict access to communication tools if CaterZen believes Customer’s use may
violate applicable law, carrier rules, platform rules, consent requirements, these Terms, or CaterZen’s
acceptable use standards.
17. Third-Party Services and Integrations
CaterZen may integrate with or allow access to third-party products and services, including payment
processors, gateways, delivery providers, POS systems, accounting systems, email providers, SMS providers,
CRM tools, mapping services, online ordering platforms, APIs, hosting providers, analytics tools, and other
software or service providers.
Third-party services are governed by their own terms, privacy policies, fees, availability, limitations, and
support processes.
CaterZen is not responsible for third-party services, including their availability, security,
pricing, performance, data handling, accuracy, delays, outages, errors, changes, or discontinuation.
You authorize CaterZen to transmit Customer Data to third-party services you enable, connect, request, or
use through the Services.
You are responsible for ensuring you have the right to share Customer Data with those third-party services
and for reviewing any third-party terms that apply.
CaterZen is not responsible for integration failures, API changes, third-party system updates, data mapping
issues, missing data, duplicate data, delayed data, third-party account limitations, or third-party service
interruptions.
18. Third-Party Delivery Services
CaterZen may provide features that allow you to connect with third-party delivery providers or delivery
management services.
Delivery services are provided by third-party providers, not CaterZen. CaterZen does not control delivery
driver availability, driver behavior, delivery timing, delivery completion, pricing, cancellation rules, refunds,
claims, photos, signatures, provider communications, or provider service levels.
You are responsible for reviewing and accepting any terms, fees, rules, or requirements that apply to third-
party delivery services.
You are also responsible for providing accurate delivery information, order details, pickup times, delivery
times, Customer contact information, and special instructions.
CaterZen is not responsible for late deliveries, missed deliveries, failed deliveries, incorrect addresses,
driver conduct, food condition during delivery, Customer complaints, delivery refunds, provider
cancellations, or other issues caused by or related to third-party delivery services.
19. Implementation, Training, Support, and Professional Services
CaterZen may provide onboarding, implementation, menu entry, migration, training, consulting, support, or
other professional services.
Unless otherwise agreed in writing, timelines are estimates and depend on your timely cooperation,
accurate information, access to required systems, and availability of your team.
You are responsible for reviewing all imported, entered, configured, or migrated data for accuracy,
including menus, pricing, taxes, Customer records, delivery fees, formulas, production settings, payment
settings, images, and ordering rules.
CaterZen is not responsible for errors caused by inaccurate, incomplete, outdated, or unclear information
provided by you or your representatives.
20. Remote Support
If Customer requests support that involves screen sharing, remote access, video conferencing, or similar
assistance, Customer authorizes CaterZen support personnel to view information displayed during that
support session as reasonably necessary to provide assistance.
Customer is responsible for closing, hiding, or removing any sensitive, confidential, personal, financial, or
unrelated information before granting screen sharing or remote access.
CaterZen is not responsible for information viewed during a Customer-authorized support session or for
Customer’s failure to protect sensitive information before granting access.
21. Service Availability and Changes
CaterZen will use commercially reasonable efforts to make the Services available, but we do not guarantee
uninterrupted or error-free operation.
The Services may be unavailable due to maintenance, updates, internet issues, hosting issues, third-party
service failures, security events, force majeure events, or circumstances beyond CaterZen’s reasonable
control.
CaterZen may update, modify, add, enhance, remove, or discontinue features from time to time. We will
make reasonable efforts to avoid materially reducing core functionality during an active subscription term,
but the Services may evolve as part of normal product development.
22. Beta Features
CaterZen may offer beta, pilot, experimental, early access, preview, or trial features.
Beta features are provided for evaluation and may be changed, limited, discontinued, or removed at any
time. Beta features may be incomplete, contain errors, or operate differently from final released features.
You use beta features at your own risk. CaterZen does not guarantee continued availability, performance,
reliability, or support for beta features.
23. AI and Automated Features
CaterZen may offer artificial intelligence, automation, recommendation, content generation, reporting,
analytics, or similar features.
Customer is responsible for reviewing and approving all output created or suggested by any AI, automation,
recommendation, or content generation feature before using, publishing, sending, or relying on it.
CaterZen does not guarantee the accuracy, completeness, legality, originality, accessibility, suitability, or
appropriateness of AI-generated or automated output.
Customer may not use the Services, CaterZen data, CaterZen content, CaterZen documentation, CaterZen
workflows, or CaterZen software output to train, develop, or improve any artificial intelligence model,
machine learning model, competing product, or similar technology without CaterZen’s prior written
consent.
24. Acceptable Use
You agree not to:
Use the Services for illegal, fraudulent, deceptive, harmful, or abusive purposes.
Interfere with or disrupt the security, integrity, or performance of the Services.
Attempt to gain unauthorized access to CaterZen systems, accounts, data, or networks.
Access or use another Customer’s account or data without authorization.
Copy, modify, reverse engineer, decompile, scrape, crawl, or attempt to extract source code from the Services.
Upload malware, harmful code, viruses, or other destructive materials.
Use the Services to send spam, unlawful messages, or misleading communications.
Use the Services in a way that violates applicable laws, third-party rights, payment processor rules, card network rules, carrier rules, or these Terms.
Use the Services to store or transmit content that is unlawful, infringing, defamatory, threatening, harassing, obscene, or otherwise objectionable.
CaterZen may suspend, restrict, or terminate access if we believe your use violates these Terms or create legal, security, payment, fraud, reputational, operational, or compliance risk.
25. Copyright and Infringing Content
Customer represents and warrants that it owns or has all necessary rights, licenses, consents, and
permissions to upload, publish, display, send, or otherwise use all menus, images, logos, descriptions,
documents, files, trademarks, copyrighted materials, and other content entered into or used with the
Services.
CaterZen may remove or disable access to content that CaterZen believes may infringe third-party rights,
violate applicable law, or expose CaterZen to legal risk.
Customer agrees to indemnify and hold CaterZen harmless from any claim that Customer content infringes
or violates the intellectual property, privacy, publicity, or other rights of a third party.
26. Intellectual Property
CaterZen owns all rights, title, and interest in and to the Services, including software, technology,
workflows, user interfaces, designs, layouts, features, processes, documentation, templates, trademarks,
logos, know-how, and related intellectual property.
These Terms do not transfer ownership of CaterZen intellectual property to you.
You may not use CaterZen’s name, trademarks, logos, screenshots, marketing materials, or branding
without prior written permission, except as expressly permitted by CaterZen.
27. Feedback
If you provide feedback, ideas, suggestions, bug reports, recommendations, feature requests, or other
input about the Services, CaterZen may use them without restriction, compensation, or obligation to you.
28. Confidentiality
Each party may receive confidential information from the other party. Confidential information includes
non-public business, technical, financial, product, security, pricing, Customer, operational, or other sensitive
information.
Each party agrees to use reasonable care to protect the other party’s confidential information and to use it
only for purposes related to these Terms.
Confidential information does not include information that is publicly available, already known without
restriction, independently developed, or lawfully received from a third party.
29. Security
CaterZen will use commercially reasonable administrative, technical, and organizational safeguards
designed to protect the Services and Customer Data.
You are responsible for maintaining secure passwords, managing user access, training your staff, reviewing
permissions, and using available account security controls.
No system is completely secure. CaterZen does not guarantee that unauthorized third parties will never
defeat security measures or access the Services or Customer Data.
30. Data Export, Retention, and Deletion
During your active subscription, you may export certain Customer Data using available CaterZen tools or by
requesting reasonable assistance from CaterZen.
For thirty (30) days after cancellation, expiration, or termination of Customer’s subscription, CaterZen may
make certain Customer Data available for export upon Customer’s reasonable request, subject to account
status, technical feasibility, legal requirements, and payment of all outstanding amounts.
After that period, CaterZen may delete or retain Customer Data according to its standard retention
practices, backup practices, and legal, tax, accounting, security, fraud prevention, and compliance
obligations.
Any data export, migration, custom report, or post-termination assistance outside CaterZen’s standard
export tools may be subject to additional fees.
CaterZen is not obligated to retain Customer Data indefinitely after cancellation, termination, nonpayment,
or account closure.
31. Cancellation and Termination
You may cancel your subscription according to your order form, written agreement, or CaterZen’s then-
current cancellation process.
Unless otherwise stated in your order form or written agreement, cancellation will be effective at the end of
the then-current billing period or subscription term.
CaterZen may suspend, restrict, or terminate your access to the Services if:
You fail to pay amounts due.
You violate these Terms.
Your use creates legal, security, payment, fraud, reputational, operational, or compliance risk.
Your account information is inaccurate or incomplete.
A payment processor, card network, government authority, court, or third-party provider requires suspension or termination.
CaterZen reasonably believes suspension is necessary to protect the Services, CaterZen, other Customers, third-party providers, or the public.
Upon termination, your right to access and use the Services ends. You remain responsible for all fees and obligations incurred before termination.
32. Software Calculations, Reports, and Customer Review
The Services may include tools for calculating or displaying pricing, taxes, fees, deposits, balances, payment
amounts, delivery charges, production quantities, recipes, formulas, reports, commissions, order totals,
menu pricing, event details, and other business information.
Customer is responsible for reviewing and verifying all information, calculations, settings, reports, exports, formulas, taxes, fees, pricing, quantities, orders, invoices, quotes, payment information, and Customer-
facing content generated by or entered into the Services.
CaterZen does not guarantee that all calculations, reports, formulas, pricing, taxes, fees, quantities,
payment statuses, integrations, or other outputs will be error-free, complete, accurate, or suitable for
Customer’s specific business needs.
Customer is responsible for maintaining appropriate internal review processes, backup procedures, and
business controls to identify and correct errors before relying on information from the Services or providing
information to Customer’s Customers.
33. Disclaimers
The Services are provided “as is” and “as available” to the fullest extent permitted by law.
CaterZen disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and error-
free operation.
CaterZen does not warrant that the Services will meet every business need, operate without interruption,
prevent all errors, prevent all fraud, ensure legal compliance, guarantee accessibility compliance, or produce any specific business result.
CaterZen does not provide legal, tax, accounting, food safety, employment, payment compliance,
accessibility, or regulatory advice.
34. Limitation of Liability
To the fullest extent permitted by law, CaterZen will not be liable for indirect, incidental, special,
consequential, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost data,
business interruption, loss of goodwill, cost of substitute services, payment disputes, delivery failures,
Customer claims, calculation errors, pricing errors, tax errors, reporting errors, production errors,
integration errors, or third-party service issues.
To the fullest extent permitted by law, CaterZen’s total liability for all claims related to the Services will not
exceed the amounts paid by Customer to CaterZen for the Services giving rise to the claim during the
twelve months before the event giving rise to liability.
This limitation applies regardless of the legal theory, whether based in contract, tort, negligence, strict
liability, statute, or otherwise, even if CaterZen has been advised of the possibility of such damages
35. Indemnification
You agree to defend, indemnify, and hold harmless CaterZen and its owners, officers, directors, employees,
contractors, affiliates, vendors, and agents from and against any claims, damages, liabilities, losses, costs,
and expenses, including reasonable attorneys’ fees, arising out of or related to:
Your use of the Services.
Your Customer Data.
Your products, food, beverages, catering services, event services, delivery services, refunds, taxes, or Customer transactions.
Your menus, prices, images, descriptions, ordering pages, websites, communications, or Customer facing content.
Your violation of these Terms.
Your violation of applicable laws or third-party rights.
Your use of payment processing, messaging, delivery, or third-party integrations.
Any accessibility, ADA, website accessibility, or similar claim related to your business, website, online ordering pages, menus, Customer-controlled content, or use of the Services.
Any copyright, trademark, privacy, publicity, or intellectual property claim related to Customer content.
Any dispute between you and your Customers.
36. Export Control and Sanctions
Customer agrees to comply with all applicable U.S. export control, trade sanctions, and anti-boycott laws
and regulations.
Customer may not access, use, export, re-export, transfer, or make the Services available in violation of U.S.
law or to any person, entity, country, or region subject to applicable trade restrictions or sanctions.
37. No Customer Purchase Order Terms
Any terms or conditions included in a Customer purchase order, vendor form, portal submission, payment
memo, or similar document will not apply to the Services and will not modify these Terms unless expressly
agreed to in a separate writing signed by CaterZen.
38. Force Majeure
CaterZen will not be liable for delay or failure to perform due to events beyond its reasonable control,
including acts of God, natural disasters, labor disputes, internet failures, hosting failures, utility failures,
cyberattacks, war, terrorism, civil unrest, government action, supply shortages, third-party service failures,
payment processor failures, delivery provider failures, or other events outside CaterZen’s reasonable
control.
39. Publicity
Unless you opt out in writing, CaterZen may identify you as a Customer using your business name and log in Customer lists, presentations, marketing materials, and on its website.
40. Assignment
You may not assign these Terms without CaterZen’s prior written consent.
CaterZen may assign these Terms as part of a merger, acquisition, corporate reorganization, sale of assets,
change of control, or by operation of law.
41. Governing Law and Venue
These Terms and any dispute arising out of or related to these Terms or the Services will be governed by the
laws of the State of Tennessee, without regard to conflict of law principles.
The parties agree that any legal action or proceeding arising out of or related to these Terms or the Services
will be brought exclusively in the state or federal courts located in Davidson County, Tennessee, unless
otherwise required by applicable law. Each party consents to the personal jurisdiction and venue of those
courts.
42. Updates to These Terms
CaterZen may update these Terms from time to time.
If changes are material, CaterZen will provide reasonable notice by email, in-app notification, website
notice, or other reasonable method.
Your continued use of the Services after the effective date of updated Terms means you accept the updated
Terms.
43. Notices
CaterZen may provide notices by email, in-app notification, account notification, website notice, or other
reasonable method.
Customer is responsible for keeping account contact information current.
Legal notices to CaterZen should be sent to:
CaterZen Catering Software
9450 SW Gemini Drive
Suite 94124
Beaverton, OR 97008-7105
44. Entire Agreement
These Terms, together with any applicable order form, product-specific terms, privacy policy, acceptable use
policy, data processing terms, payment terms, and incorporated third-party terms, make up the entire
agreement between you and CaterZen regarding the Services.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
Failure to enforce a provision of these Terms does not waive CaterZen’s right to enforce that provision later.