Takeoutly Terms of Service

Effective 18 August 2026. These are the current, published Takeoutly Terms of Service.

These terms are an agreement between you and Takeoutly LLC, a California limited liability company, 5050 Laguna Blvd #112-619, Elk Grove, CA 95758 (“Takeoutly”, “we”).

They have two parts. Part A applies to anyone who orders food. Part B applies to restaurants. Part C applies to everyone.

Part A: For diners

1. What Takeoutly is

Takeoutly is software the restaurant uses to take pickup orders. You are buying food from the restaurant. Takeoutly never sells you the food. The restaurant sets its prices, writes its menu, cooks the food, decides whether to accept your order, and is the seller of record on your card statement. We provide the ordering page and pass your order to the kitchen.

That distinction decides who is responsible when something goes wrong. See section 4.

Takeoutly does not send you text messages. We ask for your phone number so the restaurant can reach you about your order. We do not text you. If that changes, we will update these terms and ask for your consent at checkout before sending anything.

2. How paying works

Ordering has two steps, and your money moves in both:

When you submit the order, your card is authorized, not charged. The amount is held by your bank. Nothing has been taken.
When the restaurant accepts, the hold becomes a charge. If the restaurant rejects the order, or does not respond before the order expires, we release the hold and no charge is made; in the rare case where we cannot confirm the release, we email you and ask you to contact the restaurant. Your bank may take a few business days to show the released hold.

Your total is: the food, sales tax, any fee the restaurant charges, the Takeoutly service fee (shown by name at checkout), and any tip you choose. Every line is shown before you pay.

Tips go to the restaurant. Takeoutly takes nothing from your tip.

3. Pickup, cancellation, and refunds

Orders are pickup only. Takeoutly does not deliver and does not arrange delivery.

You can cancel from your order status page while the order is still waiting for the restaurant to accept it. Once the restaurant has accepted and started cooking, cancellation and refunds are the restaurant's decision under the restaurant's policy, so contact the restaurant. We give the restaurant the tools to issue a full or partial refund; we do not overrule its decision.

Your order status link works without a password, which also means anyone holding that link can view that order, and can cancel it up until the restaurant accepts it. Treat it like a receipt.

4. Food is the restaurant's responsibility

The restaurant, not Takeoutly, is responsible for the food: its safety and preparation, the accuracy of its menu, ingredients, allergens, nutrition information, prices, and licensing.

If you have a food allergy, contact the restaurant directly before ordering. Menu descriptions on Takeoutly come from the restaurant and we do not verify them.

Where a restaurant offers alcohol or another age-restricted item, the restaurant is responsible for checking identification at pickup and for refusing the item when it must. If an item is refused for that reason, the restaurant refunds that item under its own policy.

5. Problems with an order

Wrong, missing, late, or unsatisfactory food is between you and the restaurant, and they can fix it faster than we can. If you cannot reach them, email team@takeoutly.com and we will help you make contact and, where the restaurant agrees, help process a refund.

Before disputing a charge with your bank, contact the restaurant. A dispute takes money back from the restaurant along with a bank fee, and is slower for you than a refund.

Part B: For restaurants

6. Your account

You must be authorized to act for the restaurant. You are responsible for who you invite into your back office and for what they do there. Keep sign-in credentials secure and tell us promptly at team@takeoutly.com if an account is compromised.

7. You are the merchant of record

Payments run through your own Stripe account, which you create and control. This means:

Charges appear under your business name on your diners' statements.
Stripe pays you directly on your own payout schedule. Takeoutly never holds your money and never has custody of it.
You accept Stripe's Services Agreement in addition to these terms, and Stripe may verify your business and require information from you.
You are the party responsible to the diner for the food, for refunds, and for chargebacks.

If your Stripe account is restricted or closed by Stripe, you cannot take orders through Takeoutly until it is resolved, and that is between you and Stripe.

8. What Takeoutly costs you

Takeoutly takes no commission on your food sales. That is the point of the product.

Two charges exist:

A monthly subscription to use Takeoutly, at the rate shown in your back office when you subscribe, billed through Stripe until you cancel.
A per-order service fee, which is added to the diner's total as its own labeled line and paid to Takeoutly out of that order. It does not come out of your food revenue.

We can change these. We will give you 30 days notice by email before a change takes effect, and you may cancel before it does.

You may also add your own per-order fee for diners. Percentage fees are capped at the platform limit shown in your back office. Flat fees are not currently capped by the platform. The software will let you set one far higher than any diner would accept, and you are responsible for keeping your fee lawful, reasonable, and honestly labeled. Any such fee is yours and is shown to the diner by the label you choose.

9. Accepting and rejecting orders

When an order arrives, the diner's card is authorized and the clock starts. If you do not accept before the order expires, the order is automatically marked expired and we release the hold on the diner's card. In the rare case where the payment had already been captured, we refund it instead; Stripe's processing fee on a captured-then-refunded charge is not returned. Where we cannot confirm either outcome, because there is no payment intent, no connected account, or Stripe itself is erroring, we record the order as unresolved, we email the diner asking them to contact you about the hold, and you are expected to take that call and help clear it. Expired and rejected orders otherwise cost you nothing but the customer, so keep the kitchen display staffed during your open hours.

Accepting an order captures the diner's money. Only accept orders you intend to make.

Marking an order ready updates the diner's order status page. Mark it ready when the food is actually ready.

10. Refunds and chargebacks

You can refund an order in full or in part from your back office. Rejecting an order that was already charged issues a full refund.

Chargebacks are yours. When a diner disputes a charge with their bank, the disputed amount and the bank's dispute fee come out of your Stripe account, because you are the merchant of record. You respond to the dispute through Stripe. Takeoutly does not have the authority to respond on your behalf and does not reimburse disputed amounts or fees.

When Stripe tells us a charge has been disputed, we email the owner on your account and record the dispute against the order. That notice is a courtesy so a dispute does not go unnoticed. Stripe's own notices remain the ones to rely on, we cannot guarantee ours arrives or arrives in time, and the response deadline Stripe shows you is the one that counts.

11. Your content, your menu, your obligations

You keep ownership of your menu, descriptions, photos, and brand. You give Takeoutly permission to display them for the purpose of taking your orders, and to name your restaurant and its address on the ordering page, the order status page, and any email we send a diner about their order.

You are responsible for:

Holding every licence and permit your operation requires, including for alcohol and other age-restricted items.
Menu accuracy, including prices, ingredients, and allergen information.
The accuracy of your restaurant name and street address, because both are shown to diners as the pickup location. A wrong address sends someone to the wrong door.
Charging the correct sales tax. You configure your tax rate in your back office and you are responsible for it being right.
Complying with food safety, labeling, employment, and accessibility law where you operate.
Having the right to use every photo and every piece of text you upload.

12. Your diners' information

Order information belongs to you, and you can export it. In exchange:

Use it to fulfill orders and to run your own restaurant's relationship with that customer.
Do not sell it, rent it, or give it to a third party for their marketing.
Follow the law that applies to you when you market to your own customers, for email, for text messages, and for anything else.
A diner's phone number is not consent to text them. Diners give a number through Takeoutly so you can reach them about that order. Texting them for marketing, loyalty, or review requests on that basis is not something they agreed to, and it exposes you to statutory damages per message under the TCPA.
Do not add diner numbers to any list, tool, or service you use for texting, including loyalty-club, review-request, and marketing platforms. If you want to text your customers, collect your own consent, in your own name, through your own program.
Honor an opt-out immediately. If a diner tells you by phone, in person, or in writing that they do not want your messages, stop sending them.

We may suspend a restaurant that markets to diners using information collected through Takeoutly in breach of this section, immediately and without the notice period in section 8.

13. Embedding Takeoutly on your site

If you embed Takeoutly's ordering window on your own website, the Takeoutly attribution shown in it must stay visible and unaltered. It is how a diner ordering on your site can tell who is handling their order. Do not remove it, hide it, cover it, or change its wording.

Part C: Everyone

14. Service availability

We work to keep Takeoutly running, but we do not promise it will be uninterrupted or error-free. We depend on Stripe, our hosting provider, and the internet. The service is provided “as is” and “as available,” without warranties of any kind to the fullest extent the law allows, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The order status page is the authoritative record of an order.

15. Limitation of liability

To the fullest extent permitted by law, Takeoutly is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill.

Our total liability for any claim relating to the service is limited to the greater of $100 or the total fees you paid Takeoutly in the 12 months preceding the claim.

Takeoutly is not liable for the food. Claims about food safety, quality, allergens, or licensing lie against the restaurant that made it.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including for fraud, or for death or personal injury caused by negligence.

16. Indemnity, restaurants only

This section applies to restaurants. It does not apply to diners. Nothing in these terms requires a diner to indemnify Takeoutly or anyone else.

If you are a restaurant, you will defend, indemnify, and hold harmless Takeoutly LLC, and its members, officers and employees, against any third-party claim, demand, proceeding, loss, liability, damage, fine, penalty, and reasonable attorneys' fees and costs, to the extent it arises out of or relates to:

the food you sell, including its safety, handling, preparation, storage, contamination, and any resulting illness or injury;
allergens, ingredients, nutrition information, and the accuracy of your menu;
your licences and permits, including alcohol and other age-restricted items and any sale or service to a person who should have been refused;
sales, use, and other taxes on your orders, including the tax rate you configure in your back office;
your employees and contractors, and your compliance with employment and wage law;
your own marketing to your own customers, including email and text messaging, and any use of diner information in breach of section 12; and
the content you upload, including any claim that it infringes someone else's rights.

We will tell you promptly about any claim we want covered, let you control the defense with counsel we reasonably approve, and cooperate with you at your expense. You may not settle a claim in a way that imposes any obligation, payment, or admission on Takeoutly without our written consent.

17. Governing law and disputes

These terms are governed by the laws of the State of California, without regard to its conflict of laws rules.

Any dispute arising out of or relating to these terms or to Takeoutly must be brought in the state or federal courts located in Sacramento County, California, and you and Takeoutly consent to the jurisdiction and venue of those courts.

These terms contain no arbitration clause and no class-action waiver.

18. Changes to these terms

We will post changes here with a new effective date, and email restaurants before material changes take effect. Continuing to use Takeoutly after that date means you accept the change.

19. Ending the agreement

You may stop using Takeoutly at any time; cancel your subscription in your back office. We may suspend or end an account that breaks these terms, that puts diners at risk, or that we are required to act on by law or by Stripe. Sections 10, 12, and 14 through 17 survive.

20. Contact

team@takeoutly.com
Takeoutly LLC
5050 Laguna Blvd #112-619, Elk Grove, CA 95758