Terms for using Orves

These Terms of Service (“Terms”) are a legal agreement between you and Orves (“Orves,” “we,” “us,” or “our”). They govern access to and use of the Orves website, RestaurantOS, Orves Point of Sale (“Orves POS”), Orves Shifts, guest ordering, kitchen displays, loyalty programs, gift cards, scheduling, workforce management, timekeeping, payroll calculations, inventory management, reporting, artificial-intelligence features, mobile applications, APIs, and related products and services (collectively, the “Services”).

By accessing or using the Services, creating an account, accepting an invitation to a Restaurant account, placing an order through the Services, or clicking a button indicating acceptance, you agree to these Terms. If you do not agree, you must not access or use the Services.

Restaurants that purchase or subscribe to the Services may be required to accept a separate Merchant Agreement governing subscription fees, billing, Restaurant Data, business obligations, termination, and the commercial relationship with Orves. If these Terms conflict with a signed Merchant Agreement, the Merchant Agreement controls concerning that commercial relationship.

The Orves Privacy Policy, feature-specific rules displayed in the Services, promotion or gift-card rules, app-store terms, and applicable third-party terms also apply where relevant.

You must have reached the age of majority where you live to create an independent Orves account, purchase a subscription, place an age-restricted order, or accept these Terms on behalf of a Restaurant. If you act for a Restaurant or another organization, you represent that you are authorized to bind it and that the information you provide is accurate.

Restaurant employees who are under the age of majority may use workforce features only through a Restaurant-authorized account, where legally permitted, and with any parental or guardian permission required by law. The Services are not directed to children under 13, and Orves does not knowingly create a direct consumer account for a child under 13 without legally sufficient authorization.

Except where unauthorized activity results directly from Orves’ failure to use safeguards required by law, a Restaurant is responsible for activity performed through its authorized accounts and credentials. Suspected account compromise should be reported to getorves@gmail.com.

Subject to these Terms and any Merchant Agreement, Orves grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to use the Services for their intended purposes. Restaurant Users may use them only for authorized Restaurant operations, and Guests may use customer-facing Services only for legitimate transactions and personal purposes. No ownership of the Services or Orves intellectual property is transferred to you.

Orves may investigate suspected violations and restrict or suspend access where reasonably necessary to protect Users, Restaurants, Guests, Orves, or the Services.

Restaurants are independent businesses. Unless Orves expressly agrees otherwise in writing, Orves is not the seller of Restaurant products, the employer of Restaurant personnel, a staffing agency, payroll administrator, accountant, lawyer, tax or human-resources adviser, food-preparation or delivery business, gift-card issuer, loyalty-program operator, or guest-payment processor.

Each Restaurant is responsible for its menus, prices, taxes, discounts, fees, ingredients, allergens, nutrition information, food safety, licences, alcohol sales, order fulfilment, pickup and delivery, customer service, refunds, employees, payroll, tips, gift cards, loyalty programs, promotions, and legal compliance.

A transaction submitted through guest ordering is between the Guest and the Restaurant. The Restaurant is the seller, determines whether to accept the order, sets prices, taxes, fees, tips, discounts, and refund rules, and is responsible for preparing and fulfilling the order. The Guest must provide accurate order, contact, delivery, and payment information and authorizes the displayed charge through the applicable payment provider.

An order may be rejected, delayed, changed with the Guest’s approval, or cancelled because of availability, closure, suspected fraud, technical problems, delivery limitations, or legal restrictions. Images, descriptions, preparation times, and availability may differ from the products ultimately provided.

Orves does not independently verify every ingredient, allergen statement, licence, price, or Restaurant representation. Guests with allergies or dietary restrictions should confirm their needs directly with the Restaurant.

Where legally restricted products are offered, the Restaurant is responsible for all licences, legal-sale requirements, and age verification. The Guest must meet the applicable legal age and may be required to present valid government identification. A Restaurant or delivery provider may refuse a transaction where eligibility or identification cannot be verified. Products must not be purchased for an ineligible person.

Restaurants may connect third-party terminals or payment providers. Unless Orves expressly states otherwise, the Restaurant selects and contracts with the guest-payment provider, and that provider’s terms apply. Orves may receive limited payment status, transaction identifiers, refunds, totals, card brand, and last-four-digit information, but is not intended to receive or store complete card numbers or security codes and is not the merchant of record for Restaurant sales.

Stripe may separately process subscription payments from Restaurants to Orves. Subscription billing is governed principally by the Merchant Agreement. A declined or reversed payment does not eliminate valid amounts owed.

Unless expressly stated otherwise, the Restaurant is the gift-card issuer and is responsible for the card’s terms, valid balances, legally required redemption, expiration and fee restrictions, compromised codes, balance errors, and consumer-protection compliance. Gift-card balances cannot be transferred, redeemed for cash, or replaced except under the Restaurant’s terms or applicable law. Orves may suspend or reverse activity reasonably suspected to involve fraud, duplication, technical error, or unauthorized use.

The Restaurant determines loyalty earning, redemption, expiration, and change rules. Unless published program terms state otherwise, points do not represent money or property, cannot be sold or transferred, and may be adjusted for refunds, chargebacks, fraud, or errors.

Promotions, discounts, trials, and referral offers may carry additional eligibility, date, product, location, minimum-purchase, and redemption rules. Offers have no cash value unless stated or required by law, and fraudulent or duplicated use may be cancelled.

Orves provides tools for schedules, availability, time off, shift trades, time clocks, breaks, tips, pay information, payroll calculations, and exports. These features do not make Orves an employer, payroll administrator, accountant, tax adviser, employment lawyer, or human-resources adviser.

Restaurants must comply with employment law; verify hours, overtime, breaks, rates, tips, deductions, and reimbursements; review calculations and exports; pay workers accurately and on time; keep required records; and provide required privacy or employee-monitoring notices. Orves results may be incomplete or incorrect and require qualified human review before payroll, tax, disciplinary, employment, or legal decisions. AI or automated recommendations must not be the sole basis for a legally significant employment decision.

As between Orves and the Restaurant, the Restaurant retains its rights in Restaurant Data. Users retain ownership rights they legally hold in User Content. You grant Orves a limited, non-exclusive right to host, process, transmit, display, format, back up, and otherwise use that information as reasonably necessary to provide requested Services, operate integrations, protect the Services, provide support, prevent misuse, comply with law, enforce agreements, and improve the Services with aggregated or de-identified information.

You represent that you have the necessary rights and permissions, the content is lawful and not intentionally misleading, and its authorized processing will not violate privacy or intellectual-property rights. Orves may restrict unlawful, harmful, fraudulent, or infringing content. Orves does not claim ownership of private Restaurant Data merely because it is processed through the Services.

If you voluntarily provide product suggestions or feedback, you permit Orves to use them to develop and improve the Services without payment or attribution. This does not transfer ownership of the Restaurant’s confidential records, customer information, employee information, or operational data.

Some Services use artificial intelligence provided by Orves and third parties, including OpenAI. When an authorized User requests an AI feature, Orves may send prompts, questions, images, recipes, ingredients, menus, inventory, costs, sales, labour information, or other necessary Restaurant context to OpenAI.

AI results may be inaccurate, incomplete, outdated, non-unique, or unsuitable and always require appropriate human review. They are not professional, legal, accounting, tax, payroll, employment, medical, dietary, allergy, or food-safety advice. You must not submit information you are not authorized to disclose or unnecessary sensitive information. Orves does not guarantee that output is unique or free of third-party claims, and AI features may change or become unavailable.

Orves may send necessary account, security, password-reset, invitation, subscription, billing, receipt, order, gift-card, scheduling, shift, and service communications. Orves may use Resend to deliver email. Transactional communications may continue after a User unsubscribes from promotional email.

Orves may send marketing with consent or where law permits and will provide an unsubscribe method. Restaurants sending their own messages through Orves are responsible for lawful consent, accurate sender information, a working unsubscribe mechanism, honouring requests, and compliance with Canada’s Anti-Spam Legislation and other applicable laws.

The Orves Privacy Policy explains how personal information is collected, used, disclosed, retained, and protected. Restaurants generally determine why and how information about their personnel, Guests, customers, suppliers, and operations is used, while Orves generally processes it to provide the Services. Restaurants are responsible for their own privacy notices, permissions, lawful instructions, and employee notices.

Information may be processed through providers and integrations such as Stripe, Resend, OpenAI, hosting and database providers, Apple, Google, Expo, Mapbox, Open-Meteo, payment providers, delivery providers, and services selected by a Restaurant. The Privacy Policy is available at www.getorves.com/privacy.

The Services may link to or depend on third-party services, which may have separate terms and privacy practices. Orves does not control their independent actions, content, availability, pricing, or policies, but this does not remove any responsibility Orves has under law for providers processing information on its behalf. Restaurants are responsible for reviewing, authorizing, configuring, and disconnecting integrations they select.

App-store rules also apply when an Orves application is downloaded through Apple or Google. These Terms are between you and Orves, not the app-store provider. Orves is responsible for the application and its support; the app-store provider has no maintenance obligation and is not responsible for claims concerning the application except where law requires. You must comply with applicable device, network, app-store, sanctions, and third-party terms. Apple and its subsidiaries may enforce applicable mobile-app provisions as third-party beneficiaries where required by Apple.

Features may depend on compatible devices, browsers, operating systems, printers, local networks, internet connections, and permissions. Users and Restaurants are responsible for compatible equipment, carrier charges, secure networks, correct configuration, operational testing, updates, and reasonable outage procedures. Orves does not guarantee compatibility with every device, printer, network, browser, or third-party service.

Orves does not guarantee uninterrupted or error-free availability. Maintenance, updates, connectivity failures, devices, third-party outages, security events, defects, demand, or events outside reasonable control may interrupt the Services. Orves may add, change, restrict, replace, or discontinue features, subject to any notice or remedy required by a Merchant Agreement or law. Beta and preview features may be incomplete or unstable and should not be the sole basis for critical operations.

Support may be provided through email, documentation, or in-product tools. Availability, response targets, service levels, onboarding, and implementation assistance may depend on the Restaurant’s plan or Merchant Agreement. Unless expressly agreed in writing, response times are estimates rather than guaranteed service levels.

Orves and its licensors retain all rights in the Services, including software, applications, interfaces, designs, branding, documentation, workflows, databases, data structures, templates, report designs, AI workflows, updates, and improvements. Restaurant-owned names, logos, menus, images, and materials remain the property of the Restaurant or applicable owner. Orves trademarks may not be used to imply sponsorship, endorsement, or partnership without written permission.

Orves may restrict, suspend, or terminate access for nonpayment, fraud, illegality, security threats, unauthorized access, material violations, harm, abuse, legal requirements, provider requirements, a Restaurant administrator’s instruction, or discontinuation of a Service. Where practical, Orves will provide notice and an opportunity to correct the issue, but may act immediately to protect security, safety, data, Users, or legal compliance. Suspension does not eliminate existing payment obligations.

You may stop using the Services at any time. Subscription cancellation is governed by the Merchant Agreement. A Restaurant User’s access may end when the Restaurant removes the User, authorization ends, the subscription ends, or access is suspended under these Terms.

After termination, access rights end; information may remain available for a limited export period; and Orves may retain, delete, or de-identify records under its Privacy Policy, Merchant Agreement, backup practices, and legal obligations. Deleting an app or signing out does not cancel a subscription or automatically delete server records. Account-deletion instructions are available at www.getorves.com/delete-account.

To the maximum extent permitted by law, the Services are provided on an “as available” basis. Orves does not guarantee continuous, secure, or error-free operation; the accuracy of every calculation, report, recommendation, forecast, transcript, or AI result; compatibility with every device or integration; or the accuracy of Restaurant-provided menu, allergen, employee, payroll, or order information.

Orves does not provide legal, accounting, tax, payroll, employment, medical, dietary, or food-safety advice. Nothing in these Terms excludes a warranty or legal right that applicable law does not permit the parties to exclude.

To the maximum extent permitted by law, Orves will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or lost profits, revenue, business, opportunities, goodwill, or data arising from the Services.

Orves is not responsible for loss caused by Restaurant operations, food or allergens, employment decisions, unreviewed payroll, incorrect Restaurant information, guest-payment disputes, Restaurant refunds, Restaurant gift cards or loyalty benefits, third-party services, credential sharing, insecure Restaurant systems, unreviewed AI output, or events outside Orves’ reasonable control.

To the maximum extent permitted by law, Orves’ total aggregate liability will not exceed the amounts paid directly to Orves for the specific Service giving rise to the claim during the 12 months before the event. A Merchant Agreement may establish a different business liability limit. These limits do not apply where liability cannot legally be excluded or limited, including fraud or intentional misconduct.

To the maximum extent permitted by law, a Restaurant and any User acting for a business will defend, indemnify, and hold Orves and its personnel harmless from third-party claims, losses, liabilities, and reasonable legal costs arising from the Restaurant’s operations, products, food safety, allergens, alcohol sales, employment practices, payroll, content, gift cards, loyalty programs, promotions, orders, delivery, refunds, unlawful communications, privacy violations, unauthorized use, infringement, or material violation of these Terms.

This does not apply to the extent a claim was caused by Orves’ fraud, intentional misconduct, or violation of law, and is not intended to impose a business indemnity on a consumer where prohibited.

Before starting a formal proceeding, you and Orves will make a reasonable attempt to resolve the dispute informally. A notice should identify the person or Restaurant, describe the dispute and requested resolution, and include relevant supporting information. Notices may be sent to getorves@gmail.com or mailed to Orves at the address below.

Except where applicable law requires otherwise, these Terms are governed by the laws of British Columbia and the federal laws of Canada applicable there. Subject to non-waivable consumer rights, proceedings may be brought in the courts located in British Columbia. These Terms do not require mandatory arbitration or waive legally protected class-action or consumer rights.

Orves may update these Terms as its Services, providers, practices, or legal requirements change. Updated Terms will be posted at www.getorves.com/terms with a revised effective date. Where required, material changes will receive additional notice by email, in-product message, website notice, or another reasonable method and will apply prospectively. If you do not agree, you must stop using the affected Services and cancel under any applicable Merchant Agreement.

You may not transfer these Terms or your account without written permission. Orves may assign these Terms in connection with financing, reorganization, acquisition, merger, sale of assets, or transfer of the Services, subject to law.

If a provision is invalid or unenforceable, the remaining provisions continue. Failure to enforce a provision is not a waiver. These Terms create no employment, partnership, franchise, agency, fiduciary, or joint-venture relationship.

Orves is not responsible for delay or failure caused by events outside its reasonable control, including disasters, fire, flood, pandemic, labour disruption, government action, war, terrorism, power, internet, telecommunications, or widespread provider failure.

These Terms, the Privacy Policy, applicable feature rules, and any Merchant Agreement form the applicable agreement. Provisions concerning intellectual property, data, payment, disclaimers, liability, indemnification, disputes, and provisions that by nature should continue survive termination.

The parties have requested that these Terms and related documents be written in English. Any translation must identify which version controls, subject to applicable law.

Questions and dispute notices may be sent to Orves at getorves@gmail.com or mailed to Orves, 8260 Rosehill Dr, Richmond, British Columbia, Canada. Do not email passwords, PINs, complete payment-card numbers, card security codes, government identification, medical documents, or unnecessary sensitive information.