Last Revised: January 1, 2025
Thank you for selecting Choose Technologies LLC (“Choose,” “we,” or “us”) as your technology partner. These Platform Terms (the “Agreement”) govern your subscription to and use of our software platform, including any related features, integrations, or services (collectively, the “Platform”).
By clicking “I Accept” or by accessing any part of the Platform, you confirm your acceptance of this Agreement on behalf of the entity or organization you represent (“you,” or the “Client”).
Our Platform enables restaurants to offer direct online ordering, delivery integrations, analytics, loyalty programs, and more. Specific functionality may vary depending on your subscription level or plan.
You must create an account to use the Platform. Keep your login credentials confidential; you are responsible for all activity under your account. Notify us immediately if you suspect any unauthorized access.
We grant you a limited, non-exclusive right to access and use the Platform for internal business purposes. You agree not to sub-license, reverse-engineer, or misuse the Platform.
You acknowledge and consent to our collection and use of personal information, consistent with our Privacy Policy. You also bear responsibility for handling any Customer data you collect via the Platform in compliance with applicable laws.
We (and our licensors) retain all proprietary rights to the Platform and related materials, including trademarks, service marks, and copyrights.
This Agreement begins when you first accept it and continues until terminated. We may suspend or terminate if you breach any term or if we decide to discontinue the Platform.
Except where prohibited by law, disputes will be resolved by binding arbitration in accordance with Georgia law. You waive your right to a jury trial or to join a class action against us.
We may update or modify these Platform Terms from time to time. Material changes become effective upon notice to you.
Last Updated: February 3, 2025
Welcome! We appreciate your interest in Choose Technologies LLC (“Choose,” “we,” “us,” or “our”) and our website at www.choosepos.com, plus any affiliated sites, applications, mobile apps, or online services we operate (collectively, the “Platform”). These Platform Terms (“Terms”) serve as a legally binding agreement between you and Choose regarding your use of the Platform.
Please read these Terms carefully. By selecting “I Accept,” making a purchase through the Platform, or otherwise accessing or using the Platform, you confirm that you have read, understood, and agree to these Terms (including our Privacy Policy), which together form a binding legal agreement. If you are not eligible or do not agree, you do not have permission to use the Platform. Your use of the Platform also constitutes an agreement between you and Choose to be bound by these Terms.
Except as described in Section 20, any disputes under these Terms will be resolved through binding, individual arbitration. By accepting these Terms, you and Choose each waive the right to a jury trial or to participate in a class action. Further details are found in Section 20.
Choose’s Platform acts as a marketplace, connecting users to local restaurants, their authorized operators, or other food providers (“Restaurants”), as well as third-party delivery service providers (“Delivery Partners”). Through the Platform, you may order from Restaurants for pickup or delivery.
Choose is solely a technology provider. We do not prepare or sell any food. Restaurants operating on the Platform are independent businesses required to meet applicable legal and regulatory standards, including those related to food preparation, safety, and menu disclosures. Choose makes no warranties regarding Restaurants’ compliance, product quality, or any statements they make on the Platform.
Choose does not provide direct delivery services. When you place a delivery order, the fulfillment may be handled by a Delivery Partner or by the Restaurant itself. We do not guarantee the timeliness, reliability, or quality of any delivery service.
To use the Platform, you must be at least 18 years old (or the legal age of majority in your jurisdiction). By using the Platform, you represent that:
Where permitted by law, certain Restaurants may allow ordering and delivery of alcoholic beverages. If you include alcohol in your order:
Certain Platform features require an account. When registering:
Features within the Platform may permit you to make purchases from Restaurants. Before checkout, you will have an opportunity to review and accept any charges. All prices are listed in U.S. Dollars and are nonrefundable unless specified otherwise.
Restaurants, not Choose, set the prices for items listed on the Platform. We will make efforts to keep pricing information updated, but Restaurants may modify their pricing. We may also offer promotional deals to certain users, which may differ from the offers you receive.
By making a purchase through the Platform, you authorize Choose (and our third-party payment processors) to charge all sums due, plus applicable taxes, to the payment method specified in your account or at checkout. Pre-authorization of your payment card may be performed to confirm it is valid.
If any amounts become overdue, we may suspend or terminate your access to the Platform until full payment is received. You are responsible for fees arising from chargebacks, declined payments, or similar payment issues.
Restaurants may occasionally run promotions, loyalty programs, or other incentives (“Promotions and Rewards Programs”). These are operated by the individual Restaurant, not Choose. Unless explicitly stated, such rewards do not hold any cash value, cannot be redeemed for cash, and are solely promotional in nature. We disclaim any liability regarding these promotions.
Provided you fully comply with these Terms, we:
You agree not to:
By choosing to submit ideas or suggestions regarding the Platform (“Feedback”), you grant us the right to use that Feedback in any manner, free from any obligation to you.
Choose (and our licensors) retain ownership of the Platform, including all visuals, data, software code, and content (“Materials”). Subject to the limited licenses in these Terms, you receive no further rights in the Materials. We reserve all rights not expressly granted.
We may provide tools enabling you to export or transmit information to third-party services. Use these tools at your discretion. We are not responsible for how third-party sites use your exported information. We may also link to external websites, but we do not endorse or have control over their content or policies.
The Platform may contain third-party software components offered under open-source or other licenses. Your right to use those components is governed by their respective licenses.
Certain features may allow you to post or upload content (e.g., reviews, images, or text) to the Platform. You retain any ownership rights you hold in that content.
By uploading or submitting User Content, you grant Choose a global, non-exclusive, royalty-free license to display, store, reproduce, and adapt your content for the Platform’s operation and promotion, including on any media now known or later developed.
If you share content publicly on the Platform, other users may view and use that content as allowed by the Platform’s features and these Terms.
You affirm that:
We reserve the right (but are not obligated) to remove user content we find objectionable or contrary to these Terms. You acknowledge that content posted by others may be inaccurate, offensive, or otherwise objectionable, and you waive claims against us related to such content.
By using the Platform, you agree not to:
We adhere to the Digital Millennium Copyright Act where applicable, including relevant safe-harbor provisions. If you believe your copyrighted work was uploaded in violation of your rights, see our [Copyright Policy link] for details on filing a DMCA notice.
We may update these Terms as our Platform evolves. We will notify you if material modifications affect your rights. Except when otherwise required, minor changes are effective upon posting. Your continued use after posting means you accept any updated Terms.
These Terms begin once you first use or purchase through the Platform and remain effective until terminated under this section.
We may terminate or suspend your account (and these Terms) if you breach any provision or if we decide to discontinue the Platform. You may terminate your account at any time by contacting [support@choosepos.com]. Upon termination, you must stop using the Platform and may lose access to your account.
Any licenses or rights given to you end immediately. Sections regarding feedback, intellectual property, liability, and dispute resolution survive termination.
We can modify or discontinue aspects of the Platform at our discretion without liability. We will attempt to provide prior notice if significant features are removed or changed.
To the fullest extent allowed by law, you agree to defend, indemnify, and hold harmless Choose, our officers, directors, employees, affiliates, and agents from any claims, liabilities, or expenses (including attorneys’ fees) arising from:
We reserve the right to assume exclusive defense of any such matter, and you agree to cooperate.
YOU ALONE ARE RESPONSIBLE FOR ENSURING THE SUITABILITY AND SAFETY OF ANY FOOD OR ITEMS YOU PURCHASE OR OBTAIN THROUGH THE PLATFORM. WE MAKE NO REPRESENTATIONS ABOUT THE FOOD QUALITY, DELIVERY, OR ANY PROMOTIONS PROVIDED BY RESTAURANTS.
THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE EXTENT PERMITTED BY LAW, NEITHER CHOOSE NOR ITS AFFILIATES WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (LIKE LOST PROFITS OR DATA) ARISING FROM YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR ACCESS TO THE PLATFORM IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Except for limited exceptions in Section 21.2, you and Choose agree to resolve any disputes through binding arbitration. Arbitration is more informal than court, using a neutral arbitrator instead of a judge or jury.
BY AGREEING TO ARBITRATION, YOU AND CHOOSE EACH WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Nothing stops either party from:
You may opt out of arbitration by sending a written notice within 30 days of first accepting these Terms to Choose Technologies LLC at the address below, indicating your full name, account email, and a statement that you opt out of arbitration.
Unless otherwise agreed, arbitration follows the Federal Arbitration Act and is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, subject to these Terms.
YOU AND CHOOSE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND WILL NOT JOIN OR LEAD A CLASS OR REPRESENTATIVE PROCEEDING.
These Terms, along with our Privacy Policy, Copyright Policy, and any referenced or attached documents, comprise the entire understanding between you and Choose regarding the Platform.
You cannot assign or transfer these Terms without our written consent. We may assign them freely.
These Terms and any disputes are governed by the laws of [insert applicable state, e.g., Georgia], excluding its conflict-of-law rules. Unless arbitration is required, any lawsuits will proceed in courts located in [insert county/city].
By using the Platform, you consent to receive certain electronic communications from us (e.g., emails, notices).
If a provision is held unenforceable, the remainder stays in effect. Our failure to enforce any right does not waive it.
Pursuant to California Civil Code § 1789.3, if you have a complaint, you can reach California’s Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or (800) 952-5210.
We are not obligated to provide user support or maintenance unless expressly stated.
The Platform is intended for individuals located in the U.S. We do not warrant that the Platform is available or lawful outside of the United States.
Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
support@choosepos.com
Last Updated: January 1, 2025
Welcome to Choose Technologies LLC’s website at www.choosepos.com (the “Site”). By accessing or browsing the Site, you accept these Terms of Use (“Terms”) and agree to abide by them. If you do not agree, please do not use the Site.
These Terms govern your use of the Site and any content, features, or resources provided on or through it. Additional terms may apply to certain services or products we offer.
You must be at least 18 years old (or legally recognized age of majority in your jurisdiction) to use the Site. By using the Site, you represent that you meet this requirement.
Choose grants you a limited, revocable license to view and interact with the Site solely for personal or internal business purposes. You may not distribute, modify, or reproduce Site materials without written permission.
You agree not to:
Our Site may link to external websites or display content from third parties. We do not control or endorse these external resources. Use them at your own risk.
All materials and content on the Site (text, graphics, logos, etc.) are owned or licensed by Choose. Unauthorized use may violate copyright, trademark, or other laws.
We provide the Site and its content on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim any warranties regarding accuracy, reliability, or availability.
To the maximum extent allowed by law, Choose is not liable for any indirect, incidental, or consequential damages arising from your use of the Site. Our total liability to you will not exceed $100 or the amount you paid to us in the last 12 months (whichever is greater).
You agree to defend and hold us harmless from any claims or damages resulting from your violation of these Terms or misuse of the Site.
We reserve the right to modify the Site or these Terms at any time. Material changes take effect when posted. We may terminate your access to the Site at our discretion for any reason.
These Terms are governed by the laws of the State of Georgia without regard to conflict of law provisions. All disputes will be subject to the exclusive jurisdiction of Fulton County, Georgia.
Choose Technologies LLC
140 Spalding Trace
Sandy Springs, GA 30328
support@choosepos.com
Effective Date: January 1, 2025
This disclaimer (“Disclaimer”) applies to all materials, information, and services provided by Choose Technologies LLC (“Choose,” “us,” or “we”) on our websites, applications, or other channels.
We make no guarantees regarding the income or financial performance you may achieve by using our products or services. Any examples or success stories are strictly illustrative, and your own results may vary.
Your use of our platform or any information we provide is at your own risk. The outcomes depend on variables like your personal circumstances, dedication, and market factors beyond our control.
Some statements we make may project future prospects using words like “expect,” “anticipate,” or “believe.” These are opinions, not promises, and actual results could differ significantly.
Nothing we present should be interpreted as legal, tax, or financial advice. Always consult qualified professionals before making decisions related to your business, finances, or legal obligations.
To the fullest extent permissible under applicable law, we will not be held responsible for any direct, indirect, or consequential losses that arise from relying on the information provided in our materials or services.
We may modify this Disclaimer at any time. Revised versions are effective immediately upon posting.
Effective Date: January 1, 2025
This Restaurant Partnership Agreement (“RPA”) governs the relationship between Choose Technologies LLC (“Choose,” “we,” or “us”) and the restaurant entity or franchise (“Restaurant,” “you,” or “your”) that wishes to integrate our SaaS platform and services (“Service” or “Platform”).
Our technology empowers Restaurants with online ordering, payment processing, third-party delivery integrations, and marketing tools. This RPA outlines the terms under which Restaurant can access and use the Service.
Any devices (e.g., tablets, printers) loaned by us must be handled with care. Upon termination, return them promptly. If purchased outright, risk of loss passes to you upon shipment.
We may provide marketing materials (decals, flyers). You agree to display them where relevant and to reasonably promote the Service. We may reference your Restaurant name or logo to identify you as a client.
Either party may terminate by giving notice if the other substantially breaches this RPA and does not cure within a specified timeframe. Upon termination, your right to use the Platform ends.
Any disputes will be settled by binding arbitration in accordance with Georgia law, unless otherwise required by law. Both parties waive jury trial and class action rights.
We reserve the right to revise this RPA with reasonable notice to you. Continued use of the Service after any revision becomes effective constitutes acceptance of the changed terms.
Choose Technologies LLC
140 Spalding Trace
Sandy Springs, GA 30328
Email: support@choosepos.com
Last Updated: 1st January 2025
This Acceptable Use Policy (“AUP”) sets forth rules and restrictions for all individuals and entities (“users” or “you”) using the websites, applications, or services (“Services”) provided by Choose Technologies LLC (“Choose,” “we,” “us”).
You agree not to use our Services in any manner that:
We may revise this AUP at any time. Updated versions take effect upon posting. Continued use after changes signifies acceptance.
Contact Information
Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com
Last Updated: 1st January 2025
This Subscription & Billing Policy (“Policy”) explains how Choose Technologies LLC (“Choose,” “we,” “us”) manages subscriptions, fees, renewals, and billing for our restaurant SaaS platform.
We reserve the right to apply late fees or interest on outstanding amounts, in accordance with applicable law. We may also suspend the Services for accounts over 30 days delinquent.
For billing or subscription queries, contact:
Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com
Last Updated: 1st January 2025
This Refund & Cancellation Policy (“Policy”) outlines the conditions under which Choose Technologies LLC (“we,” “us,” or “our”) processes refunds and manages cancellations for its restaurant SaaS platform.
We may, at our discretion, grant partial or full refunds due to platform errors or other extraordinary circumstances.
If you believe you were charged in error, contact us immediately. Unauthorized chargebacks or disputes without notice may lead to account suspension.
Contact
Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com
Last Updated: 1st January 2025
This Cookie & Tracking Policy explains how Choose Technologies LLC (“Choose,” “we,” “us”) uses cookies, web beacons, and similar technologies (“Cookies”) to collect and store information when you visit our websites or use our SaaS platform.
We may modify this policy to reflect changes in our cookie usage. Updated versions are effective upon posting.
Contact
Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com
Last Updated: 1st January 2025
These Beta or Pilot Program Terms (“Beta Terms”) govern your use of any pre-release (“Beta”) features or services offered by Choose Technologies LLC (“we,” “us,” or “our”).
We grant you a temporary, non-transferable license to use the Beta Services solely for evaluation. You may not share or disclose Beta features outside your organization.
Beta Services are provided “as is” with no warranties. They may change significantly or be discontinued at any time without liability.
Any non-public information about the Beta Services is confidential. You will not disclose it to third parties without our written consent.
We may end Beta access at our discretion. You may discontinue participation at any time by ceasing all Beta use.
Last Updated: 1st January 2025
(Applies where Choose Technologies LLC processes personal data on behalf of the Restaurant as “Processor.”)
This Data Processing Agreement (“DPA”) is between Choose Technologies LLC (“Processor”) and the Restaurant or business entity (“Controller”) that uses our platform to collect or handle personal data of its end users.
Processor will notify Controller without undue delay upon discovering a breach of personal data.
Upon termination or request, Processor will securely delete or return personal data, unless otherwise required by law.
This DPA is governed by the same governing law as your main Agreement with us, unless otherwise stated.
Last Updated: 1st January 2025
Choose Technologies LLC is dedicated to making our website and SaaS platform accessible to individuals of all abilities, in line with recognized standards such as WCAG 2.1.
We welcome any suggestions to improve accessibility. Please contact us at:
Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com
Our platform may embed or link to third-party resources that we do not control. We encourage these third parties to maintain accessibility standards, but we cannot guarantee their compliance.
Last Updated: 1st January 2025
This Security & Incident Response Policy explains the measures Choose Technologies LLC (“we” or “us”) takes to safeguard data and how we handle potential security incidents.
After significant incidents, we conduct an internal review to improve our security posture.
We may update this Policy to address new risks or operational changes. The latest version is effective upon posting.
Contact for Security Inquiries
Choose Technologies LLC
140 Spalding Trace
Sandy Springs, Georgia 30328
Email: support@choosepos.com