Legal

Terms of Service

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.

Version v1.1, 2026-07-18.These Terms of Service (the “Terms”) are a binding agreement between you and the Platform. Please read them carefully. By creating an account, requesting a mockup, checking the box that says you agree to these Terms, or using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Who we are; definitions

The Service is developed, hosted, and operated by Pachako (the “Platform”, “we”, “us”, “our”), reachable at [email protected].

  • “Service”means the done-for-you software and services offered at www.pachako.com, including your restaurant website, online ordering, marketing tools (SMS and email), the “Grade My Restaurant” report tool, the owner dashboard, and any AI phone-ordering feature we may make available.
  • “You”or the “Client” means the restaurant owner or authorized operator who requests, subscribes to, or uses the Service.
  • “Your Content” means your menu, prices, hours, photographs, logo, descriptions, and your customer list.

2. What the Service is

The Platform is a technology vendor. It builds and hosts software and provides marketing and reporting tools. It is not a restaurant, food vendor, retailer, deliverer, or payment processor, and it does not prepare, handle, sell, or deliver food. The Platform does not guarantee any particular business result from use of the Service.

3. Your responsibilities

You are solely and independently responsible for:

  • the accuracy and completeness of your menu, prices, hours, item availability, and all other content you supply;
  • operating your restaurant and all on-site activity, including preparing, packaging, and handling all food (sourcing, freshness, allergens, temperature control, and cross-contamination prevention);
  • your own compliance with all applicable federal, state, and local laws, including food-safety, sanitation, labeling, licensing, employment, and tax requirements;
  • accepting and fulfilling orders transmitted through the Service and all customer service arising from them;
  • obtaining valid consent for, and complying with all laws governing, the SMS and email marketing you choose to send to your own customers through the Service — including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and applicable state analogues — and honoring opt-outs. Compliance with these marketing laws is the Client's responsibility, not the Platform's;
  • safeguarding your login credentials and all activity under your account, and notifying us promptly of any suspected unauthorized use.

4. Ownership and data

As between you and the Platform, your menu, your orders, and your customer list belong to you. On cancellation you may request an export of your customer list and order history in a common format. The Platform will not sell your customer list or use it to market competing restaurants. The Platform may use aggregated and anonymized data (data that does not identify you or your customers) to operate, secure, analyze, and improve the Service. The Service software, its design, and its source code are owned by the Platform or its licensors; you receive only a limited, revocable, non-transferable right to use the Service during your subscription. You grant the Platform a limited license to host and display Your Content for the purpose of operating your site and delivering the marketing you request.

5. Fees, term, billing, and cancellation

The Service is offered on a month-to-month basis. Standard pricing is a flat subscription of $199 per month plus a one-time $499 setup fee, unless a different plan or tier is agreed in writing; current pricing is shown on our pricing page. There is no commission on your orders and no fee charged to your customers by the Platform.

  • Term. Subscriptions renew monthly until cancelled and may be cancelled at any time, effective at the end of the then-current billing period.
  • Refunds. The one-time setup fee is non-refundable once work has begun. Monthly fees are not pro-rated and are non-refundable for the billing period in which they are charged. Cancellation stops future charges; it does not refund the current period.
  • Third-party costs.Payment-processing fees, third-party delivery fees, and domain registration and renewal are your responsibility and are separate from the Platform's fees.
  • Non-payment. We may suspend or terminate the Service if fees are past due.

6. Third-party services

The Service relies on and interoperates with third parties we do not control, including search engines (such as Google), payment processors (such as Stripe), SMS and voice carriers (such as Telnyx), email providers, delivery networks, hosting and content-delivery providers (such as Cloudflare), and analytics providers. The Platform is not liable for any third party's outage, latency, data, pricing, policy, act, or omission, and does not warrant the availability, accuracy, or results of any third-party service. Your use of a third-party service may be subject to that party's own terms.

7. Service provided “AS IS”; no warranties

THE SERVICE, INCLUDING THE “GRADE MY RESTAURANT” REPORT AND ANY SCORE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. To the maximum extent permitted by law, the Platform makes no warranties of any kind and expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Without limiting the foregoing, the Platform does not warrant or guarantee:

  • any results, including any level of Google or other search-engine ranking, traffic, leads, orders, sales, revenue, or growth;
  • that the Service will be uninterrupted, timely, secure, or error-free, or that any defect will be corrected;
  • that the report, grade, score, or any recommendation is accurate, complete, current, or reliable, or that acting on it will produce any particular outcome.

Any content or estimate the report provides is informational only and is not professional advice. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

8. Limitation of liability

See our Limitation of Liability page for the full text. In summary, and to the fullest extent permitted by law:

  • Damages cap.The Platform's total aggregate liability for any and all claims arising out of or relating to the Service or these Terms SHALL NOT EXCEED THE FEES YOU ACTUALLY PAID TO THE PLATFORM IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  • Excluded damages. The Platform shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any lost profits, lost revenue, lost goodwill, or lost data, even if advised of the possibility of such damages.

These limitations apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. They reflect the allocation of risk on which the pricing of the Service is based and survive termination.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Platform and its members, officers, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, and costs (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your use of the Service; (b) Your Content, including your menu, prices, descriptions, photographs, and your customer list; (c) your restaurant operations and your customers, including any food, premises, injury, or in-person dispute; (d) the SMS or email marketing you send to your own customers through the Service, including any TCPA or CAN-SPAM claim; (e) your violation of any law or of any third party's rights; and (f) your breach of these Terms.

10. Attorneys' fees

To the fullest extent permitted by law, in any dispute, claim, or proceeding arising out of or relating to the Service or these Terms, you shall be responsible for and shall reimburse the Platform's reasonable attorneys' fees and costs incurred in connection with that dispute.

This fee provision applies only where, and to the extent, permitted by applicable law. It does not apply where prohibited — including as to a New Jersey consumer where New Jersey law does not permit it — and nothing in it limits or waives any statutory right you may have to recover your own attorneys' fees.

11. Acceptable use

You agree not to use the Service to:

  • send unlawful, deceptive, or unconsented marketing;
  • upload content that infringes a third party's rights;
  • interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its systems;
  • resell or sublicense the Service without our written permission.

12. Suspension and termination

You may cancel at any time as described in Section 5. The Platform may suspend or terminate your access, with or without notice, for non-payment, for a breach of these Terms, to protect the Service or others, or as required by law. On termination your right to use the Service ends; Sections 4 and 7 through 15, and any accrued payment obligations, survive.

13. Changes to the Service and to these Terms

The Platform may modify or discontinue features of the Service at any time. The Platform may also update these Terms; the updated version is posted on this page with a new version string and effective date, and your continued use of the Service after the effective date constitutes acceptance.

14. Governing law; arbitration; class-action waiver

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. Except for claims that qualify for small-claims court, and to the fullest extent permitted by law, any dispute arising out of or relating to the Service or these Terms shall be resolved by individual, binding arbitration seated in New Jersey. YOU AND THE PLATFORM EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If the class-action waiver is held unenforceable as to any claim, that claim (and only that claim) shall proceed in court, and the remainder of this Section stays in force. Any claim must be brought within one (1) year after it arises, to the extent permitted by law.

15. General

  • New Jersey consumers (non-waivable rights).Nothing in these Terms waives, limits, or disclaims any right or remedy that cannot be waived or limited under New Jersey law. To the extent any provision — including the disclaimer of warranties (Section 7), the limitation of liability (Section 8), the attorneys' fees provision (Section 10), or the arbitration and class-action provisions (Section 14) — is or would be void, unenforceable, or inapplicable as to a consumer in New Jersey, that provision does not apply to that person to that extent, and every other provision, and its application to all other persons, remains in full force.
  • Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the rest of these Terms remains in effect.
  • Entire agreement. These Terms, together with the Privacy Policy and the Limitation of Liability page, are the entire agreement between you and the Platform regarding the Service and supersede any prior understandings.
  • Assignment. You may not assign these Terms without our written consent; the Platform may assign them in connection with a reorganization, merger, or sale.
  • No waiver. Our failure to enforce a provision is not a waiver of it.
  • Force majeure. The Platform is not liable for delay or failure caused by events beyond its reasonable control.

16. Contact

Questions about these Terms: [email protected] or 201-970-2580.

17. Notice on legal review

These documents are drafted to allocate responsibility honestly between the Platform and the operator. They are not legal advice and have not been individually reviewed by a licensed attorney for your specific business. Consult counsel before relying on any specific clause.