Terms of Service
These General Terms of Service ("General Terms") are a binding legal agreement between you, as a current or potential customer of PieTech, and apply to your use of PieTech's services, which include mobile apps, websites, software, cloud-based solutions, hardware, and other products and services available in the United States (collectively referred to as the "Services"). By accessing or using any of the Services, you agree to these General Terms and any related policies ("Policies"), including our Privacy Notice, limitations of liability, and the requirement for individual arbitration in the event of a legal dispute. All of these are incorporated into this Agreement by reference. You also agree to any specific terms that apply to the particular services you use ("Additional Terms"), such as those outlined below, which collectively form the "Terms" of your agreement with us. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and that the entity agrees to be bound by them. Please ensure you read all of the Terms thoroughly.
Payment Terms: These terms apply to all Payment Services.
1. PieTech Account Registration
To use the Services, you must create a PieTech Account. During the registration process, we will request information such as your name and other personal details. It is essential that you provide accurate, complete information and keep it up to date. If you provide false, incomplete, or outdated information, we reserve the right to change your account type, suspend, or terminate your PieTech Account.
You are responsible for all activity that occurs under your account, including any actions taken by individuals to whom you have granted access. It is your responsibility to ensure that only authorized individuals access your PieTech Account, and you remain accountable for their actions. Failure to comply with these requirements may result in suspension or termination of your account.
2. Revisions, Disclosures and Notices
We may update our Terms of Service at any time, and we will notify you of these changes in a manner we deem appropriate. By continuing to use our services after any updates, you are agreeing to the new terms. Additionally, you consent to receiving notifications and communications from us electronically.
Changes to the Terms may be made by posting an updated version on our website or by notifying you through our Services (referred to as the “Updated Version”). The Updated Version becomes effective upon posting and will not be applied retroactively. Your continued use of the Services after the Updated Version is posted signifies your acceptance of the new terms.
We may also provide legal disclosures and other important information related to your PieTech Account electronically. This could include posting notices on our website, sending notifications through the Services, or emailing the address you provided when setting up your account. These electronic communications are considered just as valid as paper copies and are deemed received within 24 hours of being sent or posted, unless we receive a notification of delivery failure. If you wish to withdraw your consent to receive electronic communications, please contact PieTech support. If we are unable to fulfill your request, you may need to close your PieTech Account.
When using our services, there are certain actions you are strictly prohibited from taking. If we have reason to believe that you are engaging in these prohibited activities, we reserve the right to share your information with law enforcement agencies.
Unless prohibited by law, you may not, and must not allow any third party to:
Export our Services, as they may be subject to U.S. export regulations, including the U.S. Export Administration Regulations (15 C.F.R. Chapter VII).
Engage in any activities that violate the regulations enforced by the U.S. Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). This includes providing services to, or for the benefit of, individuals, entities, or jurisdictions blocked or restricted by applicable sanctions, such as Iran, Cuba, North Korea, Syria, or the Crimean region of Ukraine. Violating these sanctions could result in the termination of your account and indefinite holding of your funds.
Access or monitor any PieTech system or data using automated tools like robots, spiders, or scrapers, or by any manual process without our explicit permission.
Bypass, circumvent, or interfere with any technical limitations or restrictions on our Services, including those set by robot exclusion headers, unless explicitly permitted by law. This includes using tools to enable disabled features, reverse-engineering, decompiling, or disassembling our Services.
Perform or attempt actions that disrupt the proper functioning of the Services, block access for other users, or place an undue burden on our infrastructure.
Copy, reproduce, alter, modify, create derivative works from, publicly display, republish, upload, transmit, resell, or distribute in any way the content, information, or Services from PieTech.
Use the Services through arrangements such as rentals, leases, timesharing, or service bureaus.
Transfer any rights granted to you under these General Terms to another party.
Use the Services in any way that distracts or impairs your ability to follow traffic or safety laws.
Use the Services to sell firearms, firearm parts, ammunition, weapons, or devices intended to cause physical harm.
Use the Services for any illegal activities or in a manner that could expose you, other PieTech users, our partners, or PieTech to harm.
If we reasonably suspect that your PieTech Account has been involved in unauthorized, illegal, or criminal activities, you authorize us to share information about you, your account, and any associated transactions with law enforcement.
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken”.
We do not guarantee that the Services will work with your mobile device or network carrier. Your use of the Services may be governed by the terms set by your mobile device manufacturer or carrier. Additionally, you are prohibited from using the Services on a device that has been modified in a way that violates the manufacturer’s software or hardware guidelines—such as disabling system controls, often referred to as “jailbreaking”.
5. Your Content
When you upload content to our services, you retain full ownership of it, but you grant us broad rights to use, modify, and display it within our services. The specific rights you grant us are detailed below.
Any content you share with us or make publicly available through our services must not contain anything we consider inappropriate (e.g., illegal, obscene, harmful, or offensive to you, our customers, or us). We reserve the right to remove any content at any time.
Our Services may allow you to upload or share various types of content, such as suggestions, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements, and other materials (referred to as "Content").
By uploading your Content, you grant us, along with our subsidiaries, affiliates, and successors, a worldwide, non-exclusive, royalty-free, fully paid, transferable, irrevocable, perpetual, and sub-licensable license to use, reproduce, modify, adapt, publish, create derivative works, distribute, publicly perform, and publicly display your Content across any media worldwide for any purpose, including to provide, promote, or incorporate it into the Services. While you retain ownership of your Content, these rights remain in effect as outlined in these General Terms. You can modify or remove your Content through your PieTech account or by closing your account, though your Content may continue to exist in archived or cached copies accessible through the Services.
You agree not to upload, share, or distribute any Content that:
is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory;
encourages behavior that could be a criminal offense or lead to civil liability;
infringes on any rights, including privacy, publicity, or intellectual property rights;
contains corrupt data or harmful files;
promotes products or services that compete with PieTech or its partners, as we determine at our sole discretion;
is, in our judgment, offensive, objectionable, or harmful, or restricts others from using or enjoying the Services, or may expose PieTech, its affiliates, customers, or others to harm or legal liability.
While we are not obligated to monitor your Content, we reserve the right to remove it at our sole discretion at any time and for any reason without notice. We may also monitor Content to prevent fraud or violations of PieTech’s General Terms. You acknowledge that by using the Services, you may encounter Content that you find offensive, indecent, or inappropriate. We are not responsible for any Content, including any damage or loss related to your Content.
6. Copyright and Trademark Infringement
We value and respect the intellectual property rights of others, and we ask that you do the same. To address third-party claims that content you’ve provided may infringe on someone else’s rights, we have implemented an Intellectual Property Policy. We respond to all legitimate notices of infringement, and it is our policy to suspend or terminate the accounts of users who repeatedly violate intellectual property rights.
7. Security
We take the security of your personal information very seriously, but we cannot offer absolute protection against malicious actors. It is essential that you play your part in keeping your account secure by safeguarding your passwords, managing who has access to your account, and controlling which of your devices can access our services. If you suspect unauthorized access to your account, you must inform us immediately.
In the case of any ownership disputes over your account, we reserve the right to make the final decision.
We have implemented various technical and organizational measures to protect your personal information from accidental destruction, loss, alteration, and unauthorized access, use, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to bypass these security measures or misuse your personal information. By providing your personal data, you accept the inherent risks.
You are solely responsible for maintaining the security of your password and restricting access to the Services on your devices. If you suspect that someone else has gained access to your password or PieTech account, or if there is any other security breach, you must notify us immediately. You are also responsible for taking reasonable actions to mitigate any potential harm and must cooperate with PieTech by providing any necessary information to resolve the issue. Any assistance PieTech provides in responding to a security breach does not imply that we accept liability for the breach.
Additionally, in the event of a dispute between multiple parties regarding account ownership, PieTech will act as the sole decision-maker and resolve the issue at our discretion. Our decision, which could include suspending or terminating the account in question, will be final and binding for all parties involved.
Your Personal Information
As a PieTech seller, by using our Services, you acknowledge and accept our data handling practices as described in the PieTech Account Holder Privacy Notice (the “Privacy Notice”). The Privacy Notice outlines how PieTech collects, uses, and safeguards the personal information you provide, including how we process your personal data to deliver services or for our own business purposes. You must review and understand the Privacy Notice before using our Services.
Your Customers’ and Employees’ Personal Information
PieTech may handle the personal data of your customers or employees on behalf of your business in the role of a service provider (or "data processor"). In these cases, you agree to comply with all applicable data protection laws and provide your customers or employees (referred to as "data subjects") with clear information regarding how their personal information is processed. This ensures that their data is handled in a lawful, fair, and transparent manner in accordance with these laws. If you or your business operates in California, Colorado, Connecticut, Utah, or Virginia, you are required to meet additional legal obligations under local data privacy regulations.
9. Communications
You agree to receive communications from us via email, text messages, phone calls, and push notifications related to your account or our services, including marketing messages. You can opt out of specific communication methods, such as by unsubscribing from emails or replying "STOP" to text messages.
By signing up for a PieTech account or updating your contact details, you consent to receive messages from us at the phone number or email address you provide. These communications may include requests for authentication, receipts, reminders, updates about your account, support notifications, and promotional materials. Please note, however, that consenting to receive promotional messages or calls is not required to use our services. Some calls or texts may be sent using automated dialing systems, and standard message and data rates from your carrier may apply.
If you prefer not to receive promotional emails, you can unsubscribe using the link provided in the emails. To stop promotional phone calls, simply inform the caller that you no longer wish to receive them. To opt out of text messages, reply with "STOP." Please be aware that opting out of certain communications may affect your ability to fully use our services.
Additionally, PieTech offers services that enable you to send SMS messages to your customers ("Seller-Initiated SMS Services"). You agree to use these services in compliance with our Terms and all applicable laws and regulations in both the sending and receiving locations of your messages.
10. Paid Services
Many of our services are offered for free, but we also provide paid options. For paid services, we can collect payments by charging your linked debit or credit card, or by deducting the payment from your transaction proceeds, PieTech account balance, or linked bank account. If we change our subscription fees, we’ll notify you 30 days in advance, and you can cancel your subscription at any time.
PieTech provides both free services ("Free Services") and paid services ("Paid Services"). Paid Services include those that are billed on a recurring basis ("Subscription Services") and others that are billed per use ("A La Carte Services"). Subscription Services may involve recurring fees and specific terms. By subscribing to a Subscription Service, including after any free trial, you agree to pay the subscription fee and any applicable taxes ("Subscription Fee"). For A La Carte Services, you will be charged based on usage, and you agree to pay any applicable taxes at the time of use ("A La Carte Fees"). Together, these fees are referred to as "Paid Service Fees".
Paid Service Fees can generally be paid by debit card, credit card, or deducted from your transaction proceeds. However, for hardware-related fees, only debit or credit card payments are accepted. By linking a debit or credit card to your account, you authorize us to charge Paid Service Fees to your linked card. We also reserve the right to deduct Paid Service Fees from your transaction proceeds, PieTech account balance, or linked bank account, regardless of the initial payment method.
Unless otherwise stated in the terms of a Subscription Service, Subscription Fees will be charged during the first week of each month until you cancel. You may cancel your Subscription Service anytime through your PieTech account settings. After cancellation, you’ll retain access to the service for the remainder of the current billing period, but no refunds or credits will be issued for any fees already paid or due. We reserve the right to adjust Subscription Fees with 30 days’ advance notice, and your continued use of the service after such notice constitutes your acceptance of the new fees.
11. Taxes
You are fully responsible for handling all applicable taxes related to your use of our services. However, we may be legally required to charge and/or remit certain taxes on Paid Services, and we may also be obligated to report certain financial information about you to the IRS or other relevant tax authorities.
For the purposes of these Terms, “Tax” and “Taxes” refer to any current or future taxes, fees, levies, or assessments imposed by any tax authority, whether domestic or foreign. This includes, but is not limited to, income, sales, value-added (VAT), goods and services (GST), withholding, property, and employment taxes, as well as any penalties, interest, or additional charges (collectively referred to as "Taxes").
Unless otherwise explicitly stated, all Paid Service Fees are exclusive of Taxes. You are solely responsible for identifying and calculating any Taxes that may apply to your use of the Services. This includes:
determining whether Taxes apply to the products or services you sell, payments you receive, or any transactions conducted through our Services;
registering with the appropriate tax authorities as required by applicable law;
calculating, collecting, reporting, paying, and remitting applicable Taxes to the relevant authorities.
PieTech disclaims any responsibility for your Taxes, and you agree to fully indemnify and hold PieTech harmless against any liabilities or costs related to your Taxes. Furthermore, PieTech is not considered a marketplace or marketplace facilitator under any laws concerning sales or use taxes, and you agree not to claim otherwise in any tax filings or disputes.
That said, PieTech may charge Taxes on certain Services where required by law. You agree to pay such taxes unless you provide us with appropriate, accurate documentation to prove that you are exempt from these charges. If your failure to provide the correct exemption information results in PieTech charging the wrong Taxes, you agree to indemnify and hold PieTech harmless from any resulting liabilities or costs.
Additionally, PieTech may be required by law to report certain tax-related information (“Tax Information”) about your use of our Services to tax authorities. If needed, you must provide PieTech with the necessary information for compliance with reporting obligations and periodically update it as required by law or during any tax audits. You also acknowledge that we may report your transaction details (such as the total number and value of payments you received) to the appropriate authorities, and we may provide you with this information, though we are not required to do so.
Where applicable, PieTech may deduct any necessary withholding taxes from payments to you and remit them to the relevant tax authorities. These deductions will be considered as payments made on your behalf, and PieTech will not be required to increase or adjust any payments to account for these withholdings.
Lastly, you acknowledge that PieTech does not provide tax advice, and any information we provide should not be interpreted as such. For any tax-related questions regarding the Services or these Terms, you should consult your own tax or legal advisor.
12. Modification and Termination
We reserve the right to terminate or restrict your access to our services at any time and for any reason. You also have the option to deactivate your account whenever you choose.
We may terminate these General Terms, any Additional Terms, or your PieTech Account, or suspend your access to any part of the Services, at any time, for any reason. We may also modify, remove, suspend, or discontinue certain Services or features, or impose new conditions on your use of the Services. We will make reasonable efforts to inform you of any termination or significant changes via email or when you next attempt to access your PieTech Account. Similarly, you may choose to end your agreement to the General Terms and Additional Terms by deactivating your PieTech Account at any time.
13. Effect of Termination
After our relationship ends, we are not liable for any losses you may incur as a result of terminating our services, nor are we responsible for deleting your data from our servers. Certain terms of our agreement will continue to apply even after the termination.
If these General Terms or your PieTech Account is suspended or terminated for any reason: (a) any licenses or rights granted to you under these Terms will immediately expire, (b) you agree to stop using all Services and terminate your access, (c) we may, but are not obligated to, delete your data and account information from our servers, and (d) we will not be responsible for compensating or reimbursing you or any third party for any losses, damages, or costs resulting from the suspension or termination of Services, or from the deletion of your data or account information.
14. Your License
We provide you with a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use our Paid Services, and a royalty-free, limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use our Free Services, as outlined in these General Terms. We may offer updates or improvements to the Services, which you must accept in order to continue using them. These updates may come with additional terms that will be communicated to you at the time of release.
Although we are pleased to offer you access to our services, you do not gain any ownership rights in them. Any suggestions, feedback, or ideas you provide about improving our products and services can be used by us freely, without any obligation to compensate you.
All rights not explicitly granted to you under these General Terms are reserved by us. The Services are protected by various intellectual property laws, including copyright, trademark, and patent laws in the United States and other countries. We retain full ownership, title, and interest in the Services and any copies of them. These General Terms do not provide you with any rights to use our trademarks or service marks.
For the purposes of these General Terms, "Intellectual Property Rights" refers to all current and future rights related to patents, copyrights, trademarks, service marks, trade secrets, moral rights, and other forms of intellectual property, including applications, renewals, and registrations under the laws of any jurisdiction.
If you choose to submit feedback, suggestions, or ideas about the Services ("Ideas"), it is entirely voluntary, and we are free to use or implement those Ideas in any manner we choose without any obligation to you.
16. Indemnity
If your actions while using our services result in us being sued or fined, you agree to cover our losses as outlined below.
You agree to indemnify, defend, and hold us, our payment processors, and our employees, directors, agents, affiliates, and representatives harmless against any claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising from or related to any legal claim, audit, investigation, or proceeding brought by any individual or entity that results from or relates to:
any actual or alleged breach of your representations, warranties, or obligations under these Terms;
your improper or unlawful use of the Services;
your violation of any third-party rights, including privacy, publicity, or intellectual property rights;
your violation of any applicable laws, regulations, or inaccuracies in any Tax Information provided by you;
claims made by your customers regarding PieTech’s processing of their personal information in connection with the Services provided to you;
unauthorized access or use of the Services through your account, using your username, password, or security code; and
any transactions, purchases, goods, or services for which PieTech provides payment processing, as covered by these Terms.
By agreeing to this, you take responsibility for protecting us from any legal or financial consequences that arise due to your use of the services.
This is the part where you confirm that you are who you claim to be and that you will follow the law and our terms.
You represent and warrant that:
You are at least 18 years old;
You are located within the United States;
You are eligible to register for and use the Services, and you have the legal authority, capacity, and ability to agree to and fulfill the obligations under these General Terms;
The information you provide, including your business name, accurately reflects your business or personal identity used for selling goods and services;
You and all transactions initiated by you will comply with all relevant federal, state, and local laws, rules, and regulations applicable to you or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”);
You will not use the Services, directly or indirectly, for any fraudulent activity or in any way that could disrupt the operation of the Services; and
Your use of the Services will fully comply with these Terms.
18. No Warranties
While we strive to offer high-quality products and services, we provide them "as is," without any guarantees or warranties. We are not responsible for any goods or services you buy or sell using PieTech's platform.
In Sections 18 and 19, the term "PieTech" refers to PieTech, its payment processors, suppliers, licensors, and their respective subsidiaries, affiliates, agents, directors, and employees.
THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITATION, PieTech SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PieTech makes no promises or guarantees that:
The Services will be accurate, reliable, or free from errors;
The Services will meet your specific needs or requirements;
The Services will be available at any particular time or location, uninterrupted, error-free, or secure;
Any issues or defects with the Services will be fixed;
The Services are free from viruses, harmful components, or fit for any specific purpose.
Additionally, PieTech does not warrant, endorse, or take responsibility for any product or service offered by a third party through our platform. We have no control over, nor do we accept liability for, the goods or services purchased or sold using PieTech’s Services.
19. Limitations of Liability and Damages
As outlined below, if any issues arise from your use of our services, our liability is limited.
TO THE FULLEST EXTENT PERMITTED BY LAW, PieTech WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, OR THE UNAVAILABILITY OF THE SERVICES. PieTech IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE
UNDER NO CIRCUMSTANCES WILL PieTech BE LIABLE FOR ANY DAMAGES, LOSSES, OR INJURIES CAUSED BY HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF YOUR PieTech ACCOUNT, THE SERVICES, OR THE INFORMATION STORED WITHIN THEM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PieTech's TOTAL LIABILITY IS CAPPED AT THE GREATER OF EITHER (A) THE FEES WE EARNED FROM YOUR USE OF THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE INCIDENT THAT RESULTED IN THE CLAIM, OR (B) $250.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PieTech HAS BEEN WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.
20. Third Party Products
All third-party hardware and products that are included with or sold through our Services are subject to the warranty and terms set by their respective manufacturers. The manufacturer is solely responsible for providing service, support, and warranty assistance for their products. If you need help with service or warranty issues, you must contact the manufacturer directly.
PieTech MAKES NO GUARANTEES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THESE THIRD-PARTY PRODUCTS. PieTech EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
21. Disputes
When we refer to the term “Dispute” in these terms, here’s what we mean.
A "Dispute" is any claim, disagreement, or conflict between you and PieTech, including its payment processors, suppliers, licensors, and their respective affiliates, agents, directors, or employees. This can involve any issue that arises either before or during the time these Terms are in effect. A Dispute may be based on any actions taken by you or PieTech, even if those actions occurred before these Terms took effect. This includes any claim or disagreement related to these Terms, the Services, or any other part of our relationship.
22. Binding Individual Arbitration
This section explains how disputes between you and PieTech will be handled through arbitration.
Overview:
You and PieTech agree that any dispute, except those resolved informally or in small claims court, will be handled through individual arbitration with a neutral arbitrator. The arbitrator has the authority to provide the same individual remedies as a court. ALL ARBITRATIONS UNDER THESE TERMS MUST BE ON AN INDIVIDUAL BASIS—NO CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, OR CONSOLIDATED PROCEEDINGS ARE PERMITTED. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION AGAINST PieTech. If any part of this arbitration agreement is found to be unenforceable, it will be severed, but under no circumstances will any class, consolidated, or representative arbitration be allowed.
Once the 60-day period and the informal resolution process are complete, either party may choose to move forward with small claims court or arbitration by providing written notice to the other party. The other party has seven days to respond, and if they choose small claims court, the case will proceed there instead of arbitration. If no response is received, arbitration may proceed. Compliance with the informal dispute resolution process is a mandatory step before arbitration or small claims court can be pursued. Failure to comply may result in dismissal, and the non-compliant party may be liable for costs.
Arbitration Scope:
If disputes can’t be resolved informally or through small claims court, they will be settled by binding individual arbitration. PieTech may invoke 9 U.S.C. § 5 to have a court appoint the arbitrator. The arbitrator will address all disputes, including the enforceability of these Terms, but small claims court is still an option if jurisdictional requirements are met.
Small Claims Court Option:
the case falls under the jurisdiction of small claims court, either party may choose to resolve the dispute there instead of through arbitration, as long as it remains an individual case. If arbitration has already started, but the case qualifies for small claims, either party can request a switch to small claims court, closing the arbitration.
Arbitration Process:
The Federal Arbitration Act governs the arbitration process. Most arbitration will be conducted through document submission unless a hearing is necessary, in which case it may be done via phone, video, or, if required, in person near your location. Both sides may file early motions to resolve the case. The arbitrator’s decision is binding, and PieTech maintains strict confidentiality regarding arbitration proceedings. The arbitrator may award individual injunctive relief only to the extent necessary for the claimant’s specific case, and the decision will not have precedential value.
Bellwether Arbitration for Mass Claims:
In cases where 12 or more similar arbitration claims are filed with assistance from the same legal counsel, Bellwether Arbitration procedures will apply. Six individual claims (three chosen by each side) will proceed first, while the remaining claims are paused. A Procedural Arbitrator may be appointed to address whether Bellwether Arbitration rules apply and other procedural matters. After the Bellwether cases are resolved, mediation for the remaining claims will be attempted. If mediation fails, each remaining claim will proceed individually. This process does not authorize class, collective, or consolidated claims
Arbitration Costs:
The party that initiates arbitration is responsible for paying the filing fee. You agree that you are not using the Services for personal, family, or household purposes, and therefore you are not considered a “consumer” for calculating arbitration fees. Both parties will share the costs of the arbitrator’s fees equally.
Opting Out of Arbitration:
You have the option to opt out of this arbitration agreement. To do so, you must send written notice within 30 days of creating your PieTech account or, for existing users, within 30 days of agreeing to updated terms. The opt-out notice must be mailed to PieTech’s designated address in Delaware. This is the only way to opt out of arbitration, and opting out will not affect other parts of the Terms or Services. Each party must opt out individually.
Court Proceedings:
If arbitration does not apply, or is waived, any legal proceedings will take place in the state courts located in Houston, Texas, or in the federal court for the District of Houston, Texas. You agree to the exclusive jurisdiction and venue of these courts for any legal action not subject to arbitration.
23. Governing Law
The laws of Delaware, federal law, or a combination of both govern our relationship.
These General Terms, along with any Disputes, will be governed by the Federal Arbitration Act and, where applicable, by California law and/or relevant federal law. This applies regardless of any conflict of law principles or rules concerning the selection of governing law.
You must initiate any action or proceeding related to a Dispute within one year from the date the cause of action arises.
You are not permitted to transfer or assign any rights granted to you under these terms to another party.
Unless explicitly authorized by PieTech, you are prohibited from transferring or assigning these General Terms, including any rights or licenses provided under them. Any attempt to do so without permission will be considered invalid and unenforceable.
26. Third Party Services and Links to Other Websites
While using our services, you may come across offerings from third-party providers, but we are not accountable for any issues you might experience with them.
You could be offered products, services, or promotions from third parties, including external developers utilizing PieTech’s platform (“Third Party Services”). Should you choose to engage with these Third Party Services, it’s your responsibility to read and understand their terms and conditions. PieTech holds no responsibility or liability for how these Third Party Services perform. Any disputes or problems you encounter with a third party regarding their services must be resolved directly with them, according to their terms, without involving PieTech.
Additionally, our Services may include links to third-party websites. The inclusion of these links does not indicate any endorsement, approval, or recommendation by PieTech. These websites operate under their own terms and are not governed by these General Terms. You access these sites at your own risk, and PieTech disclaims any liability related to your use of them. Once you leave our Services and visit a third-party site, our Privacy Notice no longer applies. Your activities on those sites, including any interactions or transactions, will be governed by their specific terms, policies, and rules.
27. Third-Party Beneficiaries
No provision in these General Terms or any applicable Additional Terms is intended to, nor shall it, grant any rights regarding the subject matter of these General Terms or Additional Terms to any third party.
28. State-Specific Privacy Terms
If you are subject to the California Consumer Privacy Act (“CCPA”) or operate as a “Controller” under the Colorado Privacy Act, Connecticut’s Personal Data Privacy Act, the Utah Privacy Rights Act, or the Virginia Consumer Data Protection Act (collectively referred to as "State Privacy Laws"), this Section 28 applies to you. In this section, terms like "process," "sell," and "business purpose(s)" will follow the definitions set forth by the applicable State Privacy Laws.
a) "Buyer Personal Information" refers to any data that can identify, relate to, describe, or reasonably be linked, directly or indirectly, to a specific consumer or household, and that is handled by PieTech as part of providing services to you. This excludes any information we obtain from your customers (or "Buyers") in connection with PieTech’s digital receipt services, customer directories, or email marketing tools.
b) We may receive and handle Buyer Personal Information in order to deliver services on your behalf as outlined in these General Terms. We agree to process, store, or transmit this information solely for the purpose of providing the services to you, in compliance with these Terms and other applicable terms based on the products and services you use. Furthermore, we agree that we will not:
sell Buyer Personal Information,
retain, use, or disclose Buyer Personal Information for any purpose other than delivering the services as specified in these General Terms and applicable Terms of Service.
However, PieTech may:
de-identify or aggregate Buyer Personal Information, and
process the information for operational purposes, such as verifying or maintaining the quality and safety of the services, improving or enhancing services for you or other users, preventing fraud, ensuring the security of our services, and complying with legal requirements.
c) We reserve the right to delete Buyer Personal Information in accordance with our regular business practices and data retention schedules.
29. Other Provisions
These General Terms, along with any applicable Additional Terms or Policies, represent the entire agreement between you and PieTech regarding your use of the Services. In case of any inconsistency between these General Terms and any other PieTech agreement or Policy, these General Terms will take precedence and govern the matter in question. If any provision of these General Terms or Additional Terms is found to be invalid or unenforceable under the applicable law, that provision will be modified and interpreted to achieve its intended purpose as closely as possible, while the remaining provisions will remain fully effective.
These General Terms do not limit any legal rights PieTech may have under intellectual property laws, including those related to trade secrets, copyrights, or patents. Furthermore, no waiver of any provision in these General Terms will be considered a waiver of the same or any other provision in the future.
Pie Advertising Terms and Conditions
The Merchant agrees to allow PieTech to access and utilize their applicable Meta and/or Google (each an “Ads Partner”) advertising accounts ("Accounts") to create and manage marketing campaigns ("Campaigns") on their behalf. PieTech will also have the ability to review key performance metrics, including but not limited to customer acquisition costs and return on ad spend ("Performance Data").
The Merchant acknowledges that PieTech will have full ownership of all Performance Data, or where such data is owned by an Ads Partner, the Merchant grants PieTech an unrestricted, royalty-free, sublicensable, worldwide license to use it.
Additionally, the Merchant agrees that PieTech will own all advertisements and related materials created for the Campaigns, except for any Merchant-owned trademarks or branding elements included within them. Where ownership of such materials resides with an Ads Partner or a third party, the Merchant grants PieTech an unlimited, royalty-free, sublicensable, worldwide license to use them.
Merchant Authorization to Share Data with Ads Partner(s)
As part of the Campaign, the Merchant authorizes PieTech to share certain data—including personal information as defined in the PieTech Merchant Agreement—with its designated Ads Partners. This data ("Data") may include, but is not limited to, login credentials and authentication details necessary to access the Ads Partner account, as well as guest names, email addresses, phone numbers, and transaction details.
When transmitting Data to an Ads Partner or any applicable third party, PieTech acts solely as a processor or service provider on behalf of the Merchant.
Merchant Account Access and Control
The Merchant acknowledges and agrees that PieTech will have full access to and control over the Merchant’s advertising accounts (“Accounts”). This includes the ability to log in, manage account settings, access and share data, review and download performance metrics, and independently create and manage advertising campaigns. PieTech may run these campaigns across various marketing channels at its discretion.
The Merchant understands that their Accounts are subject to the applicable terms of the Ads Partner(s) and agrees to comply with those terms. The Merchant must enter into a separate agreement with the Ads Partner(s) governing the use of their services.
Additionally, the Merchant acknowledges that PieTech reserves the right to modify any Campaign at any time to optimize performance. For example, PieTech may adjust ad copy initially drafted by the Merchant to improve campaign effectiveness.
Indemnification
PieTech is not responsible for ensuring that any Campaign complies with applicable laws, regulations, or industry guidelines, including but not limited to the content, copy, or materials used in advertisements. The Merchant assumes full responsibility for compliance and agrees to indemnify, defend, and hold harmless PieTech, its affiliates, and their respective officers, directors, shareholders, agents, representatives, contractors, employees, and any third parties involved in providing the services (including Ads Partners).
This indemnification covers any claims, losses, damages, lawsuits, liabilities, judgments, costs, and expenses (including attorneys' fees) arising from or related to:
The Merchant’s participation in the Pilot Program.
The integration of PieTech’s services, the Merchant’s advertising accounts, or Ads Partners' advertising products.
Any advertising campaign created or managed under this agreement.
The content, messaging, or subject matter of any advertisement or campaign materials.
The Merchant’s breach of this agreement.
Any actual or alleged violation of applicable laws or regulations by the Merchant.
This indemnification is in addition to any other indemnification obligations outlined in the Merchant Agreement.
Waiver of Liability
The Merchant acknowledges and agrees that PieTech bears no liability for any losses or damages incurred, directly or indirectly, as a result of PieTech’s control over the Merchant’s advertising accounts or the execution and performance of any Campaign.
Furthermore, the Merchant expressly waives any right to bring legal or equitable claims against PieTech for any actions or omissions related to this Agreement, except where such a waiver is prohibited by law. However, the Merchant may have the right to pursue claims against Ads Partners, subject to the terms of service of the respective Ads Partner(s).
The Merchant also acknowledges that PieTech is not responsible for providing notice to individuals regarding the use of their data in connection with the Campaign. Additionally, PieTech is not liable for ensuring that the Campaign supports individual opt-outs or for fulfilling other compliance obligations related to data usage. The Merchant is responsible for managing these obligations independently, including within their own advertising accounts.
Confidentiality
The Merchant acknowledges that the existence and terms of this Agreement, including but not limited to PieTech’s partnership or affiliations with Ads Partner(s), constitute Confidential Information and must not be disclosed.
Integration
The Merchant acknowledges and agrees that to enable the Campaign, PieTech and/or the Ads Partner(s) may develop an application programming interface (“API”) integration to facilitate the exchange of relevant information with the Ads Partner(s).
Representations & Warranties
Each party warrants that it has the legal authority and capacity to enter into this Agreement and grant the rights outlined herein.
The Merchant represents, warrants, and agrees to comply with all applicable laws and regulations related to any Campaign, including but not limited to the content, copy, and materials used in advertisements.
Additionally, the Merchant affirms that it possesses all necessary rights to use and share any Campaign Materials in connection with the Campaign.
Merchant Responsibilities
The Merchant is solely responsible for ensuring the lawful processing and use of Data by Ads Partner(s), as well as for meeting all compliance obligations associated with that processing. This includes, but is not limited to, providing necessary notices, obtaining required consents, managing individual rights requests, and handling opt-outs related to their advertising accounts and Campaigns. The Merchant is also accountable for any data exchanged between their PieTech account and Ads Partner(s) in connection with the Ads Partner services. Any obligations regarding personal information under PieTech’s Merchant Agreement remain applicable.
Additionally, the Merchant is responsible for setting up Campaigns and supplying all necessary content, including ad copy, creatives, and other materials (“Campaign Materials”). The Merchant assumes full responsibility for the accuracy, quality, legality, and compliance of all Campaigns, advertisements, and Campaign Materials with applicable laws and regulations.
These General Terms of Service ("General Terms") are a binding legal agreement between you, as a current or potential customer of PieTech, and apply to your use of PieTech's services, which include mobile apps, websites, software, cloud-based solutions, hardware, and other products and services available in the United States (collectively referred to as the "Services"). By accessing or using any of the Services, you agree to these General Terms and any related policies ("Policies"), including our Privacy Notice, limitations of liability, and the requirement for individual arbitration in the event of a legal dispute. All of these are incorporated into this Agreement by reference. You also agree to any specific terms that apply to the particular services you use ("Additional Terms"), such as those outlined below, which collectively form the "Terms" of your agreement with us. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and that the entity agrees to be bound by them. Please ensure you read all of the Terms thoroughly.
Payment Terms: These terms apply to all Payment Services.
1. PieTech Account Registration
To use the Services, you must create a PieTech Account. During the registration process, we will request information such as your name and other personal details. It is essential that you provide accurate, complete information and keep it up to date. If you provide false, incomplete, or outdated information, we reserve the right to change your account type, suspend, or terminate your PieTech Account.
You are responsible for all activity that occurs under your account, including any actions taken by individuals to whom you have granted access. It is your responsibility to ensure that only authorized individuals access your PieTech Account, and you remain accountable for their actions. Failure to comply with these requirements may result in suspension or termination of your account.
2. Revisions, Disclosures and Notices
We may update our Terms of Service at any time, and we will notify you of these changes in a manner we deem appropriate. By continuing to use our services after any updates, you are agreeing to the new terms. Additionally, you consent to receiving notifications and communications from us electronically.
Changes to the Terms may be made by posting an updated version on our website or by notifying you through our Services (referred to as the “Updated Version”). The Updated Version becomes effective upon posting and will not be applied retroactively. Your continued use of the Services after the Updated Version is posted signifies your acceptance of the new terms.
We may also provide legal disclosures and other important information related to your PieTech Account electronically. This could include posting notices on our website, sending notifications through the Services, or emailing the address you provided when setting up your account. These electronic communications are considered just as valid as paper copies and are deemed received within 24 hours of being sent or posted, unless we receive a notification of delivery failure. If you wish to withdraw your consent to receive electronic communications, please contact PieTech support. If we are unable to fulfill your request, you may need to close your PieTech Account.
When using our services, there are certain actions you are strictly prohibited from taking. If we have reason to believe that you are engaging in these prohibited activities, we reserve the right to share your information with law enforcement agencies.
Unless prohibited by law, you may not, and must not allow any third party to:
Export our Services, as they may be subject to U.S. export regulations, including the U.S. Export Administration Regulations (15 C.F.R. Chapter VII).
Engage in any activities that violate the regulations enforced by the U.S. Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). This includes providing services to, or for the benefit of, individuals, entities, or jurisdictions blocked or restricted by applicable sanctions, such as Iran, Cuba, North Korea, Syria, or the Crimean region of Ukraine. Violating these sanctions could result in the termination of your account and indefinite holding of your funds.
Access or monitor any PieTech system or data using automated tools like robots, spiders, or scrapers, or by any manual process without our explicit permission.
Bypass, circumvent, or interfere with any technical limitations or restrictions on our Services, including those set by robot exclusion headers, unless explicitly permitted by law. This includes using tools to enable disabled features, reverse-engineering, decompiling, or disassembling our Services.
Perform or attempt actions that disrupt the proper functioning of the Services, block access for other users, or place an undue burden on our infrastructure.
Copy, reproduce, alter, modify, create derivative works from, publicly display, republish, upload, transmit, resell, or distribute in any way the content, information, or Services from PieTech.
Use the Services through arrangements such as rentals, leases, timesharing, or service bureaus.
Transfer any rights granted to you under these General Terms to another party.
Use the Services in any way that distracts or impairs your ability to follow traffic or safety laws.
Use the Services to sell firearms, firearm parts, ammunition, weapons, or devices intended to cause physical harm.
Use the Services for any illegal activities or in a manner that could expose you, other PieTech users, our partners, or PieTech to harm.
If we reasonably suspect that your PieTech Account has been involved in unauthorized, illegal, or criminal activities, you authorize us to share information about you, your account, and any associated transactions with law enforcement.
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken”.
We do not guarantee that the Services will work with your mobile device or network carrier. Your use of the Services may be governed by the terms set by your mobile device manufacturer or carrier. Additionally, you are prohibited from using the Services on a device that has been modified in a way that violates the manufacturer’s software or hardware guidelines—such as disabling system controls, often referred to as “jailbreaking”.
5. Your Content
When you upload content to our services, you retain full ownership of it, but you grant us broad rights to use, modify, and display it within our services. The specific rights you grant us are detailed below.
Any content you share with us or make publicly available through our services must not contain anything we consider inappropriate (e.g., illegal, obscene, harmful, or offensive to you, our customers, or us). We reserve the right to remove any content at any time.
Our Services may allow you to upload or share various types of content, such as suggestions, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements, and other materials (referred to as "Content").
By uploading your Content, you grant us, along with our subsidiaries, affiliates, and successors, a worldwide, non-exclusive, royalty-free, fully paid, transferable, irrevocable, perpetual, and sub-licensable license to use, reproduce, modify, adapt, publish, create derivative works, distribute, publicly perform, and publicly display your Content across any media worldwide for any purpose, including to provide, promote, or incorporate it into the Services. While you retain ownership of your Content, these rights remain in effect as outlined in these General Terms. You can modify or remove your Content through your PieTech account or by closing your account, though your Content may continue to exist in archived or cached copies accessible through the Services.
You agree not to upload, share, or distribute any Content that:
is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory;
encourages behavior that could be a criminal offense or lead to civil liability;
infringes on any rights, including privacy, publicity, or intellectual property rights;
contains corrupt data or harmful files;
promotes products or services that compete with PieTech or its partners, as we determine at our sole discretion;
is, in our judgment, offensive, objectionable, or harmful, or restricts others from using or enjoying the Services, or may expose PieTech, its affiliates, customers, or others to harm or legal liability.
While we are not obligated to monitor your Content, we reserve the right to remove it at our sole discretion at any time and for any reason without notice. We may also monitor Content to prevent fraud or violations of PieTech’s General Terms. You acknowledge that by using the Services, you may encounter Content that you find offensive, indecent, or inappropriate. We are not responsible for any Content, including any damage or loss related to your Content.
6. Copyright and Trademark Infringement
We value and respect the intellectual property rights of others, and we ask that you do the same. To address third-party claims that content you’ve provided may infringe on someone else’s rights, we have implemented an Intellectual Property Policy. We respond to all legitimate notices of infringement, and it is our policy to suspend or terminate the accounts of users who repeatedly violate intellectual property rights.
7. Security
We take the security of your personal information very seriously, but we cannot offer absolute protection against malicious actors. It is essential that you play your part in keeping your account secure by safeguarding your passwords, managing who has access to your account, and controlling which of your devices can access our services. If you suspect unauthorized access to your account, you must inform us immediately.
In the case of any ownership disputes over your account, we reserve the right to make the final decision.
We have implemented various technical and organizational measures to protect your personal information from accidental destruction, loss, alteration, and unauthorized access, use, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to bypass these security measures or misuse your personal information. By providing your personal data, you accept the inherent risks.
You are solely responsible for maintaining the security of your password and restricting access to the Services on your devices. If you suspect that someone else has gained access to your password or PieTech account, or if there is any other security breach, you must notify us immediately. You are also responsible for taking reasonable actions to mitigate any potential harm and must cooperate with PieTech by providing any necessary information to resolve the issue. Any assistance PieTech provides in responding to a security breach does not imply that we accept liability for the breach.
Additionally, in the event of a dispute between multiple parties regarding account ownership, PieTech will act as the sole decision-maker and resolve the issue at our discretion. Our decision, which could include suspending or terminating the account in question, will be final and binding for all parties involved.
Your Personal Information
As a PieTech seller, by using our Services, you acknowledge and accept our data handling practices as described in the PieTech Account Holder Privacy Notice (the “Privacy Notice”). The Privacy Notice outlines how PieTech collects, uses, and safeguards the personal information you provide, including how we process your personal data to deliver services or for our own business purposes. You must review and understand the Privacy Notice before using our Services.
Your Customers’ and Employees’ Personal Information
PieTech may handle the personal data of your customers or employees on behalf of your business in the role of a service provider (or "data processor"). In these cases, you agree to comply with all applicable data protection laws and provide your customers or employees (referred to as "data subjects") with clear information regarding how their personal information is processed. This ensures that their data is handled in a lawful, fair, and transparent manner in accordance with these laws. If you or your business operates in California, Colorado, Connecticut, Utah, or Virginia, you are required to meet additional legal obligations under local data privacy regulations.
9. Communications
You agree to receive communications from us via email, text messages, phone calls, and push notifications related to your account or our services, including marketing messages. You can opt out of specific communication methods, such as by unsubscribing from emails or replying "STOP" to text messages.
By signing up for a PieTech account or updating your contact details, you consent to receive messages from us at the phone number or email address you provide. These communications may include requests for authentication, receipts, reminders, updates about your account, support notifications, and promotional materials. Please note, however, that consenting to receive promotional messages or calls is not required to use our services. Some calls or texts may be sent using automated dialing systems, and standard message and data rates from your carrier may apply.
If you prefer not to receive promotional emails, you can unsubscribe using the link provided in the emails. To stop promotional phone calls, simply inform the caller that you no longer wish to receive them. To opt out of text messages, reply with "STOP." Please be aware that opting out of certain communications may affect your ability to fully use our services.
Additionally, PieTech offers services that enable you to send SMS messages to your customers ("Seller-Initiated SMS Services"). You agree to use these services in compliance with our Terms and all applicable laws and regulations in both the sending and receiving locations of your messages.
10. Paid Services
Many of our services are offered for free, but we also provide paid options. For paid services, we can collect payments by charging your linked debit or credit card, or by deducting the payment from your transaction proceeds, PieTech account balance, or linked bank account. If we change our subscription fees, we’ll notify you 30 days in advance, and you can cancel your subscription at any time.
PieTech provides both free services ("Free Services") and paid services ("Paid Services"). Paid Services include those that are billed on a recurring basis ("Subscription Services") and others that are billed per use ("A La Carte Services"). Subscription Services may involve recurring fees and specific terms. By subscribing to a Subscription Service, including after any free trial, you agree to pay the subscription fee and any applicable taxes ("Subscription Fee"). For A La Carte Services, you will be charged based on usage, and you agree to pay any applicable taxes at the time of use ("A La Carte Fees"). Together, these fees are referred to as "Paid Service Fees".
Paid Service Fees can generally be paid by debit card, credit card, or deducted from your transaction proceeds. However, for hardware-related fees, only debit or credit card payments are accepted. By linking a debit or credit card to your account, you authorize us to charge Paid Service Fees to your linked card. We also reserve the right to deduct Paid Service Fees from your transaction proceeds, PieTech account balance, or linked bank account, regardless of the initial payment method.
Unless otherwise stated in the terms of a Subscription Service, Subscription Fees will be charged during the first week of each month until you cancel. You may cancel your Subscription Service anytime through your PieTech account settings. After cancellation, you’ll retain access to the service for the remainder of the current billing period, but no refunds or credits will be issued for any fees already paid or due. We reserve the right to adjust Subscription Fees with 30 days’ advance notice, and your continued use of the service after such notice constitutes your acceptance of the new fees.
11. Taxes
You are fully responsible for handling all applicable taxes related to your use of our services. However, we may be legally required to charge and/or remit certain taxes on Paid Services, and we may also be obligated to report certain financial information about you to the IRS or other relevant tax authorities.
For the purposes of these Terms, “Tax” and “Taxes” refer to any current or future taxes, fees, levies, or assessments imposed by any tax authority, whether domestic or foreign. This includes, but is not limited to, income, sales, value-added (VAT), goods and services (GST), withholding, property, and employment taxes, as well as any penalties, interest, or additional charges (collectively referred to as "Taxes").
Unless otherwise explicitly stated, all Paid Service Fees are exclusive of Taxes. You are solely responsible for identifying and calculating any Taxes that may apply to your use of the Services. This includes:
determining whether Taxes apply to the products or services you sell, payments you receive, or any transactions conducted through our Services;
registering with the appropriate tax authorities as required by applicable law;
calculating, collecting, reporting, paying, and remitting applicable Taxes to the relevant authorities.
PieTech disclaims any responsibility for your Taxes, and you agree to fully indemnify and hold PieTech harmless against any liabilities or costs related to your Taxes. Furthermore, PieTech is not considered a marketplace or marketplace facilitator under any laws concerning sales or use taxes, and you agree not to claim otherwise in any tax filings or disputes.
That said, PieTech may charge Taxes on certain Services where required by law. You agree to pay such taxes unless you provide us with appropriate, accurate documentation to prove that you are exempt from these charges. If your failure to provide the correct exemption information results in PieTech charging the wrong Taxes, you agree to indemnify and hold PieTech harmless from any resulting liabilities or costs.
Additionally, PieTech may be required by law to report certain tax-related information (“Tax Information”) about your use of our Services to tax authorities. If needed, you must provide PieTech with the necessary information for compliance with reporting obligations and periodically update it as required by law or during any tax audits. You also acknowledge that we may report your transaction details (such as the total number and value of payments you received) to the appropriate authorities, and we may provide you with this information, though we are not required to do so.
Where applicable, PieTech may deduct any necessary withholding taxes from payments to you and remit them to the relevant tax authorities. These deductions will be considered as payments made on your behalf, and PieTech will not be required to increase or adjust any payments to account for these withholdings.
Lastly, you acknowledge that PieTech does not provide tax advice, and any information we provide should not be interpreted as such. For any tax-related questions regarding the Services or these Terms, you should consult your own tax or legal advisor.
12. Modification and Termination
We reserve the right to terminate or restrict your access to our services at any time and for any reason. You also have the option to deactivate your account whenever you choose.
We may terminate these General Terms, any Additional Terms, or your PieTech Account, or suspend your access to any part of the Services, at any time, for any reason. We may also modify, remove, suspend, or discontinue certain Services or features, or impose new conditions on your use of the Services. We will make reasonable efforts to inform you of any termination or significant changes via email or when you next attempt to access your PieTech Account. Similarly, you may choose to end your agreement to the General Terms and Additional Terms by deactivating your PieTech Account at any time.
13. Effect of Termination
After our relationship ends, we are not liable for any losses you may incur as a result of terminating our services, nor are we responsible for deleting your data from our servers. Certain terms of our agreement will continue to apply even after the termination.
If these General Terms or your PieTech Account is suspended or terminated for any reason: (a) any licenses or rights granted to you under these Terms will immediately expire, (b) you agree to stop using all Services and terminate your access, (c) we may, but are not obligated to, delete your data and account information from our servers, and (d) we will not be responsible for compensating or reimbursing you or any third party for any losses, damages, or costs resulting from the suspension or termination of Services, or from the deletion of your data or account information.
14. Your License
We provide you with a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use our Paid Services, and a royalty-free, limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use our Free Services, as outlined in these General Terms. We may offer updates or improvements to the Services, which you must accept in order to continue using them. These updates may come with additional terms that will be communicated to you at the time of release.
Although we are pleased to offer you access to our services, you do not gain any ownership rights in them. Any suggestions, feedback, or ideas you provide about improving our products and services can be used by us freely, without any obligation to compensate you.
All rights not explicitly granted to you under these General Terms are reserved by us. The Services are protected by various intellectual property laws, including copyright, trademark, and patent laws in the United States and other countries. We retain full ownership, title, and interest in the Services and any copies of them. These General Terms do not provide you with any rights to use our trademarks or service marks.
For the purposes of these General Terms, "Intellectual Property Rights" refers to all current and future rights related to patents, copyrights, trademarks, service marks, trade secrets, moral rights, and other forms of intellectual property, including applications, renewals, and registrations under the laws of any jurisdiction.
If you choose to submit feedback, suggestions, or ideas about the Services ("Ideas"), it is entirely voluntary, and we are free to use or implement those Ideas in any manner we choose without any obligation to you.
16. Indemnity
If your actions while using our services result in us being sued or fined, you agree to cover our losses as outlined below.
You agree to indemnify, defend, and hold us, our payment processors, and our employees, directors, agents, affiliates, and representatives harmless against any claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising from or related to any legal claim, audit, investigation, or proceeding brought by any individual or entity that results from or relates to:
any actual or alleged breach of your representations, warranties, or obligations under these Terms;
your improper or unlawful use of the Services;
your violation of any third-party rights, including privacy, publicity, or intellectual property rights;
your violation of any applicable laws, regulations, or inaccuracies in any Tax Information provided by you;
claims made by your customers regarding PieTech’s processing of their personal information in connection with the Services provided to you;
unauthorized access or use of the Services through your account, using your username, password, or security code; and
any transactions, purchases, goods, or services for which PieTech provides payment processing, as covered by these Terms.
By agreeing to this, you take responsibility for protecting us from any legal or financial consequences that arise due to your use of the services.
This is the part where you confirm that you are who you claim to be and that you will follow the law and our terms.
You represent and warrant that:
You are at least 18 years old;
You are located within the United States;
You are eligible to register for and use the Services, and you have the legal authority, capacity, and ability to agree to and fulfill the obligations under these General Terms;
The information you provide, including your business name, accurately reflects your business or personal identity used for selling goods and services;
You and all transactions initiated by you will comply with all relevant federal, state, and local laws, rules, and regulations applicable to you or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”);
You will not use the Services, directly or indirectly, for any fraudulent activity or in any way that could disrupt the operation of the Services; and
Your use of the Services will fully comply with these Terms.
18. No Warranties
While we strive to offer high-quality products and services, we provide them "as is," without any guarantees or warranties. We are not responsible for any goods or services you buy or sell using PieTech's platform.
In Sections 18 and 19, the term "PieTech" refers to PieTech, its payment processors, suppliers, licensors, and their respective subsidiaries, affiliates, agents, directors, and employees.
THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITATION, PieTech SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PieTech makes no promises or guarantees that:
The Services will be accurate, reliable, or free from errors;
The Services will meet your specific needs or requirements;
The Services will be available at any particular time or location, uninterrupted, error-free, or secure;
Any issues or defects with the Services will be fixed;
The Services are free from viruses, harmful components, or fit for any specific purpose.
Additionally, PieTech does not warrant, endorse, or take responsibility for any product or service offered by a third party through our platform. We have no control over, nor do we accept liability for, the goods or services purchased or sold using PieTech’s Services.
19. Limitations of Liability and Damages
As outlined below, if any issues arise from your use of our services, our liability is limited.
TO THE FULLEST EXTENT PERMITTED BY LAW, PieTech WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, OR THE UNAVAILABILITY OF THE SERVICES. PieTech IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE
UNDER NO CIRCUMSTANCES WILL PieTech BE LIABLE FOR ANY DAMAGES, LOSSES, OR INJURIES CAUSED BY HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF YOUR PieTech ACCOUNT, THE SERVICES, OR THE INFORMATION STORED WITHIN THEM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PieTech's TOTAL LIABILITY IS CAPPED AT THE GREATER OF EITHER (A) THE FEES WE EARNED FROM YOUR USE OF THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE INCIDENT THAT RESULTED IN THE CLAIM, OR (B) $250.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PieTech HAS BEEN WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.
20. Third Party Products
All third-party hardware and products that are included with or sold through our Services are subject to the warranty and terms set by their respective manufacturers. The manufacturer is solely responsible for providing service, support, and warranty assistance for their products. If you need help with service or warranty issues, you must contact the manufacturer directly.
PieTech MAKES NO GUARANTEES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THESE THIRD-PARTY PRODUCTS. PieTech EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
21. Disputes
When we refer to the term “Dispute” in these terms, here’s what we mean.
A "Dispute" is any claim, disagreement, or conflict between you and PieTech, including its payment processors, suppliers, licensors, and their respective affiliates, agents, directors, or employees. This can involve any issue that arises either before or during the time these Terms are in effect. A Dispute may be based on any actions taken by you or PieTech, even if those actions occurred before these Terms took effect. This includes any claim or disagreement related to these Terms, the Services, or any other part of our relationship.
22. Binding Individual Arbitration
This section explains how disputes between you and PieTech will be handled through arbitration.
Overview:
You and PieTech agree that any dispute, except those resolved informally or in small claims court, will be handled through individual arbitration with a neutral arbitrator. The arbitrator has the authority to provide the same individual remedies as a court. ALL ARBITRATIONS UNDER THESE TERMS MUST BE ON AN INDIVIDUAL BASIS—NO CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, OR CONSOLIDATED PROCEEDINGS ARE PERMITTED. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION AGAINST PieTech. If any part of this arbitration agreement is found to be unenforceable, it will be severed, but under no circumstances will any class, consolidated, or representative arbitration be allowed.
Once the 60-day period and the informal resolution process are complete, either party may choose to move forward with small claims court or arbitration by providing written notice to the other party. The other party has seven days to respond, and if they choose small claims court, the case will proceed there instead of arbitration. If no response is received, arbitration may proceed. Compliance with the informal dispute resolution process is a mandatory step before arbitration or small claims court can be pursued. Failure to comply may result in dismissal, and the non-compliant party may be liable for costs.
Arbitration Scope:
If disputes can’t be resolved informally or through small claims court, they will be settled by binding individual arbitration. PieTech may invoke 9 U.S.C. § 5 to have a court appoint the arbitrator. The arbitrator will address all disputes, including the enforceability of these Terms, but small claims court is still an option if jurisdictional requirements are met.
Small Claims Court Option:
the case falls under the jurisdiction of small claims court, either party may choose to resolve the dispute there instead of through arbitration, as long as it remains an individual case. If arbitration has already started, but the case qualifies for small claims, either party can request a switch to small claims court, closing the arbitration.
Arbitration Process:
The Federal Arbitration Act governs the arbitration process. Most arbitration will be conducted through document submission unless a hearing is necessary, in which case it may be done via phone, video, or, if required, in person near your location. Both sides may file early motions to resolve the case. The arbitrator’s decision is binding, and PieTech maintains strict confidentiality regarding arbitration proceedings. The arbitrator may award individual injunctive relief only to the extent necessary for the claimant’s specific case, and the decision will not have precedential value.
Bellwether Arbitration for Mass Claims:
In cases where 12 or more similar arbitration claims are filed with assistance from the same legal counsel, Bellwether Arbitration procedures will apply. Six individual claims (three chosen by each side) will proceed first, while the remaining claims are paused. A Procedural Arbitrator may be appointed to address whether Bellwether Arbitration rules apply and other procedural matters. After the Bellwether cases are resolved, mediation for the remaining claims will be attempted. If mediation fails, each remaining claim will proceed individually. This process does not authorize class, collective, or consolidated claims
Arbitration Costs:
The party that initiates arbitration is responsible for paying the filing fee. You agree that you are not using the Services for personal, family, or household purposes, and therefore you are not considered a “consumer” for calculating arbitration fees. Both parties will share the costs of the arbitrator’s fees equally.
Opting Out of Arbitration:
You have the option to opt out of this arbitration agreement. To do so, you must send written notice within 30 days of creating your PieTech account or, for existing users, within 30 days of agreeing to updated terms. The opt-out notice must be mailed to PieTech’s designated address in Delaware. This is the only way to opt out of arbitration, and opting out will not affect other parts of the Terms or Services. Each party must opt out individually.
Court Proceedings:
If arbitration does not apply, or is waived, any legal proceedings will take place in the state courts located in Houston, Texas, or in the federal court for the District of Houston, Texas. You agree to the exclusive jurisdiction and venue of these courts for any legal action not subject to arbitration.
23. Governing Law
The laws of Delaware, federal law, or a combination of both govern our relationship.
These General Terms, along with any Disputes, will be governed by the Federal Arbitration Act and, where applicable, by California law and/or relevant federal law. This applies regardless of any conflict of law principles or rules concerning the selection of governing law.
You must initiate any action or proceeding related to a Dispute within one year from the date the cause of action arises.
You are not permitted to transfer or assign any rights granted to you under these terms to another party.
Unless explicitly authorized by PieTech, you are prohibited from transferring or assigning these General Terms, including any rights or licenses provided under them. Any attempt to do so without permission will be considered invalid and unenforceable.
26. Third Party Services and Links to Other Websites
While using our services, you may come across offerings from third-party providers, but we are not accountable for any issues you might experience with them.
You could be offered products, services, or promotions from third parties, including external developers utilizing PieTech’s platform (“Third Party Services”). Should you choose to engage with these Third Party Services, it’s your responsibility to read and understand their terms and conditions. PieTech holds no responsibility or liability for how these Third Party Services perform. Any disputes or problems you encounter with a third party regarding their services must be resolved directly with them, according to their terms, without involving PieTech.
Additionally, our Services may include links to third-party websites. The inclusion of these links does not indicate any endorsement, approval, or recommendation by PieTech. These websites operate under their own terms and are not governed by these General Terms. You access these sites at your own risk, and PieTech disclaims any liability related to your use of them. Once you leave our Services and visit a third-party site, our Privacy Notice no longer applies. Your activities on those sites, including any interactions or transactions, will be governed by their specific terms, policies, and rules.
27. Third-Party Beneficiaries
No provision in these General Terms or any applicable Additional Terms is intended to, nor shall it, grant any rights regarding the subject matter of these General Terms or Additional Terms to any third party.
28. State-Specific Privacy Terms
If you are subject to the California Consumer Privacy Act (“CCPA”) or operate as a “Controller” under the Colorado Privacy Act, Connecticut’s Personal Data Privacy Act, the Utah Privacy Rights Act, or the Virginia Consumer Data Protection Act (collectively referred to as "State Privacy Laws"), this Section 28 applies to you. In this section, terms like "process," "sell," and "business purpose(s)" will follow the definitions set forth by the applicable State Privacy Laws.
a) "Buyer Personal Information" refers to any data that can identify, relate to, describe, or reasonably be linked, directly or indirectly, to a specific consumer or household, and that is handled by PieTech as part of providing services to you. This excludes any information we obtain from your customers (or "Buyers") in connection with PieTech’s digital receipt services, customer directories, or email marketing tools.
b) We may receive and handle Buyer Personal Information in order to deliver services on your behalf as outlined in these General Terms. We agree to process, store, or transmit this information solely for the purpose of providing the services to you, in compliance with these Terms and other applicable terms based on the products and services you use. Furthermore, we agree that we will not:
sell Buyer Personal Information,
retain, use, or disclose Buyer Personal Information for any purpose other than delivering the services as specified in these General Terms and applicable Terms of Service.
However, PieTech may:
de-identify or aggregate Buyer Personal Information, and
process the information for operational purposes, such as verifying or maintaining the quality and safety of the services, improving or enhancing services for you or other users, preventing fraud, ensuring the security of our services, and complying with legal requirements.
c) We reserve the right to delete Buyer Personal Information in accordance with our regular business practices and data retention schedules.
29. Other Provisions
These General Terms, along with any applicable Additional Terms or Policies, represent the entire agreement between you and PieTech regarding your use of the Services. In case of any inconsistency between these General Terms and any other PieTech agreement or Policy, these General Terms will take precedence and govern the matter in question. If any provision of these General Terms or Additional Terms is found to be invalid or unenforceable under the applicable law, that provision will be modified and interpreted to achieve its intended purpose as closely as possible, while the remaining provisions will remain fully effective.
These General Terms do not limit any legal rights PieTech may have under intellectual property laws, including those related to trade secrets, copyrights, or patents. Furthermore, no waiver of any provision in these General Terms will be considered a waiver of the same or any other provision in the future.
Pie Advertising Terms and Conditions
The Merchant agrees to allow PieTech to access and utilize their applicable Meta and/or Google (each an “Ads Partner”) advertising accounts ("Accounts") to create and manage marketing campaigns ("Campaigns") on their behalf. PieTech will also have the ability to review key performance metrics, including but not limited to customer acquisition costs and return on ad spend ("Performance Data").
The Merchant acknowledges that PieTech will have full ownership of all Performance Data, or where such data is owned by an Ads Partner, the Merchant grants PieTech an unrestricted, royalty-free, sublicensable, worldwide license to use it.
Additionally, the Merchant agrees that PieTech will own all advertisements and related materials created for the Campaigns, except for any Merchant-owned trademarks or branding elements included within them. Where ownership of such materials resides with an Ads Partner or a third party, the Merchant grants PieTech an unlimited, royalty-free, sublicensable, worldwide license to use them.
Merchant Authorization to Share Data with Ads Partner(s)
As part of the Campaign, the Merchant authorizes PieTech to share certain data—including personal information as defined in the PieTech Merchant Agreement—with its designated Ads Partners. This data ("Data") may include, but is not limited to, login credentials and authentication details necessary to access the Ads Partner account, as well as guest names, email addresses, phone numbers, and transaction details.
When transmitting Data to an Ads Partner or any applicable third party, PieTech acts solely as a processor or service provider on behalf of the Merchant.
Merchant Account Access and Control
The Merchant acknowledges and agrees that PieTech will have full access to and control over the Merchant’s advertising accounts (“Accounts”). This includes the ability to log in, manage account settings, access and share data, review and download performance metrics, and independently create and manage advertising campaigns. PieTech may run these campaigns across various marketing channels at its discretion.
The Merchant understands that their Accounts are subject to the applicable terms of the Ads Partner(s) and agrees to comply with those terms. The Merchant must enter into a separate agreement with the Ads Partner(s) governing the use of their services.
Additionally, the Merchant acknowledges that PieTech reserves the right to modify any Campaign at any time to optimize performance. For example, PieTech may adjust ad copy initially drafted by the Merchant to improve campaign effectiveness.
Indemnification
PieTech is not responsible for ensuring that any Campaign complies with applicable laws, regulations, or industry guidelines, including but not limited to the content, copy, or materials used in advertisements. The Merchant assumes full responsibility for compliance and agrees to indemnify, defend, and hold harmless PieTech, its affiliates, and their respective officers, directors, shareholders, agents, representatives, contractors, employees, and any third parties involved in providing the services (including Ads Partners).
This indemnification covers any claims, losses, damages, lawsuits, liabilities, judgments, costs, and expenses (including attorneys' fees) arising from or related to:
The Merchant’s participation in the Pilot Program.
The integration of PieTech’s services, the Merchant’s advertising accounts, or Ads Partners' advertising products.
Any advertising campaign created or managed under this agreement.
The content, messaging, or subject matter of any advertisement or campaign materials.
The Merchant’s breach of this agreement.
Any actual or alleged violation of applicable laws or regulations by the Merchant.
This indemnification is in addition to any other indemnification obligations outlined in the Merchant Agreement.
Waiver of Liability
The Merchant acknowledges and agrees that PieTech bears no liability for any losses or damages incurred, directly or indirectly, as a result of PieTech’s control over the Merchant’s advertising accounts or the execution and performance of any Campaign.
Furthermore, the Merchant expressly waives any right to bring legal or equitable claims against PieTech for any actions or omissions related to this Agreement, except where such a waiver is prohibited by law. However, the Merchant may have the right to pursue claims against Ads Partners, subject to the terms of service of the respective Ads Partner(s).
The Merchant also acknowledges that PieTech is not responsible for providing notice to individuals regarding the use of their data in connection with the Campaign. Additionally, PieTech is not liable for ensuring that the Campaign supports individual opt-outs or for fulfilling other compliance obligations related to data usage. The Merchant is responsible for managing these obligations independently, including within their own advertising accounts.
Confidentiality
The Merchant acknowledges that the existence and terms of this Agreement, including but not limited to PieTech’s partnership or affiliations with Ads Partner(s), constitute Confidential Information and must not be disclosed.
Integration
The Merchant acknowledges and agrees that to enable the Campaign, PieTech and/or the Ads Partner(s) may develop an application programming interface (“API”) integration to facilitate the exchange of relevant information with the Ads Partner(s).
Representations & Warranties
Each party warrants that it has the legal authority and capacity to enter into this Agreement and grant the rights outlined herein.
The Merchant represents, warrants, and agrees to comply with all applicable laws and regulations related to any Campaign, including but not limited to the content, copy, and materials used in advertisements.
Additionally, the Merchant affirms that it possesses all necessary rights to use and share any Campaign Materials in connection with the Campaign.
Merchant Responsibilities
The Merchant is solely responsible for ensuring the lawful processing and use of Data by Ads Partner(s), as well as for meeting all compliance obligations associated with that processing. This includes, but is not limited to, providing necessary notices, obtaining required consents, managing individual rights requests, and handling opt-outs related to their advertising accounts and Campaigns. The Merchant is also accountable for any data exchanged between their PieTech account and Ads Partner(s) in connection with the Ads Partner services. Any obligations regarding personal information under PieTech’s Merchant Agreement remain applicable.
Additionally, the Merchant is responsible for setting up Campaigns and supplying all necessary content, including ad copy, creatives, and other materials (“Campaign Materials”). The Merchant assumes full responsibility for the accuracy, quality, legality, and compliance of all Campaigns, advertisements, and Campaign Materials with applicable laws and regulations.
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