Legal

Limitation of Liability

Last updated: July 18, 2026. Effective date: July 18, 2026.

Plain-English notice. Two separate businesses are involved. The Platform is Pachako, the New Jersey software company (operating the pachako / Balianti Restaurant OS product) that builds and hosts the software. The Store is the independent restaurant that prepares and sells the food. The Platform is a technology vendor only. These documents allocate responsibility accordingly and are not a substitute for legal advice.

1. The Platform is a software vendor

Pachako (the “Platform”) provides the pachako software. The Platform does not operate your restaurant, prepare or handle food, employ your staff, control your premises, or take custody of payment. All of those are the operator's sole responsibility. This page allocates liability along that line.

2. Cap on the Platform's liability

To the maximum extent permitted by law, the Platform's total aggregate liability for any and all claims arising out of or related to the Service SHALL NOT EXCEED the total fees you actually paid to the Platform for the Service in the ONE (1) MONTH immediately preceding the event giving rise to the claim.

3. No indirect or consequential damages

The Platform is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, or lost data, even if advised of the possibility of such damages.

4. Matters the Platform is not liable for

The Platform is not responsible for, and disclaims all liability for:

  • foodborne illness, allergic reactions, food quality, or safety;
  • premises injury, theft, or employee conduct at the restaurant;
  • in-person disputes, order accuracy, refunds, or payment handling;
  • the operator's compliance with marketing, licensing, employment, or tax law;
  • third-party services (SMS carriers, payment processors, search engines) that are outside the Platform's control;
  • losses arising from downtime, force majeure, or events beyond the Platform's reasonable control.

5. Operator indemnification

You agree to defend, indemnify, and hold the Platform harmless from claims arising out of your restaurant operations, your content, your marketing, and your violation of these documents or of law.

6. Attorneys' fees and class-action waiver

To the fullest extent permitted by law, in any dispute arising out of or relating to the Service, you shall be responsible for the Platform's reasonable attorneys' fees and costs. You and the Platform each waive any right to a jury trial and any right to participate in a class, collective, or representative action. See the Terms of Service for the governing-law and arbitration provisions.

7. Basis of the bargain

The pricing of the Service reflects this allocation of risk. These limitations apply even if a limited remedy fails of its essential purpose and survive termination of your subscription.

8. Contact

Questions: [email protected].