Statio Terms of Service

These Terms of Service ("Terms") are a contract between DineIn Labs, LLC ("DineIn Labs," "we," "us," or "our"), the operator of the Statio platform, and the business that registers for or uses Statio ("you" or "Operator"). By accessing or using Statio, or by clicking to accept these Terms, you agree to them. If you are accepting on behalf of a business, you represent that you are authorized to bind it.

1. The Service

Statio is a restaurant operations platform that enables restaurants to accept direct orders, manage menus, operate a branded ordering site, communicate with their customers, and view analytics. We grant you a limited, non-exclusive, non-transferable right to access and use Statio for your internal business purposes during the term, subject to these Terms.

2. Your Account and Responsibilities

You are responsible for: the accuracy of the information you provide; maintaining the security of your account and credentials; all activity under your account; configuring your menus, prices, taxes, and policies; and ensuring your use of Statio complies with applicable law. You are responsible for your staff's and authorized users' use of the platform.

3. Your Customers' Data; Privacy Roles

As between you and us, you are the controller of your customers' (diners') personal information, and we act as your processor / service provider, processing that information on your documented instructions. Our handling of that information is governed by our Data Processing Agreement, which is incorporated into these Terms. You are responsible for your privacy notices to diners, for obtaining all required consents (including for SMS and marketing), and for responding to diner data-rights requests, with our assistance as described in the Data Processing Agreement.

4. Fees and Payment

You agree to pay the fees applicable to your plan, including any subscription fee, per-transaction take rate, equipment rental fee, and consumption-based fees (such as SMS and email pass-through costs), as disclosed to you. Unless your separate written agreement says otherwise, fees are billed to your payment method on file, transaction-based fees are collected through our payment processor at the time of each transaction, and amounts are non-refundable except as required by law or expressly stated. You are responsible for all taxes related to your sales (see Section 7).

5. Payments and Merchant of Record

Payment processing is provided by Stripe under Stripe's Connected Account Agreement, which you must accept and maintain. You are the merchant of record for all orders you process. Order funds settle to your connected account. You are responsible for refunds you issue and for all chargebacks, disputes, reversals, and related fees on your orders. If refunds, chargebacks, or fees exceed your available funds, you remain liable for the shortfall, which we or Stripe may recover from later settlements or your payment method on file.

6. Equipment

If we provide you with hardware (such as iPads running Statio Order), that equipment remains our property, is provided subject to the equipment terms disclosed to you or in your separate agreement, and must be returned on termination. You are responsible for loss of or damage to the equipment beyond normal wear and tear.

7. Taxes

You are solely responsible for determining, collecting, reporting, and remitting all taxes applicable to your sales, and for your tax registrations and filings. Any tax calculation feature in Statio is provided as a convenience and an estimate only, based on a rate or configuration you set or approve. We do not provide tax advice and do not warrant the accuracy of any computed tax amount. You are responsible for validating your tax configuration.

8. Acceptable Use

You will not, and will not allow others to: use Statio for any unlawful purpose; send messages in violation of the TCPA, CAN-SPAM, or carrier rules; upload malicious code; interfere with the platform's operation or security; attempt to access another operator's data; reverse engineer the platform except as permitted by law; or resell or provide the platform to a third party except as expressly permitted.

9. Intellectual Property

We and our licensors own all rights in the Statio platform, software, and related materials. You own your content — your menus, branding, and your customers' data. You grant us a limited license to host and process your content as needed to provide the service, and to use aggregated and de-identified data to operate and improve the platform, as further described in our Data Processing Agreement. Feedback you provide may be used by us without restriction.

10. Confidentiality

Each party may receive the other's confidential information. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This Section does not apply to information that is public, independently developed, or rightfully received from a third party.

11. Service Availability

We aim to keep Statio available but, unless your separate agreement provides a specific service-level commitment, the platform is provided without a formal uptime guarantee. We may modify, suspend, or discontinue features, and will use reasonable efforts to give notice of material changes.

12. Disclaimers

Except as expressly stated, Statio is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages. Our total liability arising out of or relating to these Terms will not exceed the greater of (a) the fees you paid to us in the twelve (12) months before the claim, or (b) the cap stated in your separate written agreement, if any. The limitations in this Section do not apply to your payment obligations (including fees, refunds, chargebacks, equipment replacement, and taxes) or to either party's liability for fraud, gross negligence, or willful misconduct.

14. Indemnification

You will defend and indemnify us against third-party claims arising from your content, your use of the platform in violation of law or these Terms, your failure to obtain required diner consents (including under the TCPA and privacy laws), or your tax obligations. We will defend and indemnify you against third-party claims that the platform, as provided and used in accordance with these Terms, infringes a third party's intellectual property rights.

15. Term and Termination

These Terms apply for as long as you use Statio. Either party may terminate as provided in your separate agreement or, absent one, on reasonable notice. We may suspend or terminate access for non-payment or material breach. On termination, your right to use the platform ends; you may export your data, and we will return or delete data, as described in our Data Processing Agreement.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Disputes will be resolved as set out in your separate written agreement if one applies; otherwise, in the state or federal courts located in New Castle County, Delaware, to whose jurisdiction the parties consent.

17. Changes to These Terms

We may update these Terms. Material changes will be posted with an updated "Last updated" date and, where appropriate, communicated to you. Continued use after changes take effect constitutes acceptance.

18. Contact

DineIn Labs, LLC
208 Tracy Dr, Morganville, NJ 07751
Email: hi@dineinlabs.com