© 2017 WirelesslyLinked, LLC. All Rights Reserved

Terms of Use

Welcome to FreshBytes, a website located at www.freshbytes.io the “Site”) and operated by WirelesslyLinked, LLC d/b/a FreshBytes (“FreshBytes”, “us”, “our”, and “we”). FreshBytes provides the Site and services provided through the Site (“Services”) including website and mobile application creation and management for restaurants.
 

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if you are not at least 18 years old.

Privacy Policy

The Company respects the privacy of its users.  Please refer to the Company’s Privacy Policy (www.freshbytes.io/privacy) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Service, you signify your agreement to this Privacy Policy.

About FreshBytes

FreshBytes provides web and mobile app online ordering technology to restaurants where restaurant customers (“Customers”) can order food (“Online Ordering”) from Restaurant’s website or mobile app powered by FreshBytes (“Restaurant Site/App”). While FreshBytes facilitates Online Ordering for our Restaurant Clients (“Restaurants”), we are not a party to the transaction between Customers and Restaurants.  We are not responsible for delivering any items you order on a Restaurant Site/App as that is Restaurant’s sole responsibility.  We make no guarantees about the quality of the food or services or the reliability of the content (including but not limited to menu descriptions, ingredients, or images) provided on a Restaurant Site/App.

Accounts

From any Restaurant Site/App, Customers can create an account with FreshBytes to make an Online Order.  Once you register an account with us through one Restaurant, that account may be used to place orders with any Restaurant using our Service. Your delivery address may be stored in your account for future orders.  

Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in your Account settings. We may suspend or terminate your Account in accordance with the Terms and Termination.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Customer acknowledges that Restaurant is solely responsible for pricing its products and menu items, including setting and changing the pricing, delivery fees, and applicable taxes.  Customer also acknowledges that if it uses Google Wallet or Apple Pay to make payments, that use is subject to the terms and conditions, including the privacy policies, of Google and Apple.

You agree to pay all applicable charges associated with any Online Order made through your Account.  You understand that we facilitate the processing of your Online Order and may charge Restaurant a fee to do so before payment is transferred to Restaurant.  By agreeing to these terms, you understand that we charge this fee to Restaurants and are fully aware that it is part of the transaction between yourself and the Restaurant.

Not a Party to Transactions

Once an Online Order is placed through the Restaurant Site/App, the Restaurant is solely responsible for delivering your order.  We are not liable for the failure to deliver an order or any representation made by the Restaurant with respect to your Order.  You should contact the Restaurant directly if there are any disputes with your Order.    

Refunds

For questions concerning any transaction on your bank or credit card statement, please contact  Restaurant directly. Since we are not a party to transactions between Customers and Restaurants, all refunds are subject to the refund policies of the Restaurants from which you order. Refunds may only be approved by the Restaurant and issued by our payment processor.  

Mobile Apps

We may provide Restaurants with an App for Customers to place Online Orders and otherwise access the Online Ordering Services via a mobile device. To use the App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device.  

You may not: a) modify, disassemble, decompile or reverse engineer the App; b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party; c) make any copies of the App; d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or e) delete the copyright and other proprietary rights notices on the App.

You acknowledge that we may from time to time issue upgraded versions of the App, and may upgrade automatically to your mobile device the version of the App that you are using. You consent to such automatic upgrading and agree that these Terms of Use will apply to all such upgrades. We may elect to provide you with support or modifications for the App (“Support”), in our sole discretion, and we may change, reduce or terminate such Support at any time without notice to you. We reserve the right to charge fees for Support. Any use of third-party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and FreshBytes and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

Privacy Policy

WirelesslyLinked, LLC d/b/a FreshBytes (“FreshBytes”, “us”, “our”, and “we”) is committed to maintaining robust privacy protections for its users.  Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use, and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.  
 

By accepting our Privacy Policy and Terms of Use (located at www.freshbytes.io/terms), you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

Children’s Online Privacy Protection Act

We do not intentionally gather Personal Information from visitors who are under the age of 13.

Types of Data We Collect

We collect “Non-Personal Information” and “Personal Information.”  Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. While we host websites and apps for Restaurants, your use of that website or app is subject to Restaurant’s terms and privacy policy.  

Information You Provide to Us
  • We may collect Personal Information from you, such as your first and last name, e-mail and mailing address, phone and password when you create an account to log in to our network (“Account”).

  • When you subscribe to the Services on our Site or Mobile App, or a Restaurant Site or Mobile App powered by FreshBytes (“Restaurant Site/App”), our payment processor will collect all information necessary to complete the transaction, including your name, credit card information, billing information and—for Restaurant owners—direct deposit information.  We use reasonable industry standards to process transactions. When you initially provide or update your payment information, we transmit it via an encrypted connection to our payment processor, Stripe. Stripe uses and process your payment information in accordance with Stripe’s Privacy Policy. We do not store credit card information. We only store an encrypted token in order to communicate with the payment processor.

  • We retain information on your behalf, such as files and messages that you store using your Account.

  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

  • When you participate in one of our surveys, we may collect additional information that you knowingly provide.

  • When you post messages on the Services or on a Social Media Site (“SMS”) where we have a page or presence (collectively “SMS Pages”), the information contained in your posting may be republished on our Site or Mobile App and other users may be able to see them.

Information Collected via Technology
  • In an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you.  We track this information using cookies, or small text files which include an anonymous unique identifier.  Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive.  Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.  

  • We may also use third party analytics services such as Google Analytics or Google Adsense to collect information about how you use and interact with our Services. Such third party analytics services may use cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which site referred you to the Site.

Use of Your Personal Information

In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:

  • to facilitate the creation of and secure your Account on our network;

  • identify you as a user in our system;

  • provide improved administration of our Services;

  • provide the Services you request;

  • improve the quality of experience when you interact with our Services, such as storing delivery addresses and past orders for ease of use;

  • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;

  • send you administrative e-mail notifications, such as security or support and maintenance advisories;

  • respond to your inquiries related to employment opportunities or other requests;

  • to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes including those of third parties; and

  • perform marketing or data analysis.  

No Sales of Personal Information. We will not sell Personal Information that we collect from you to any third parties. Your Personal Information however, may be part of transferred assets in the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event.

Use of Non-Personal Information

In general, we use Non-Personal Information to help us improve the Service and customize the user experience.  We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site.  Non-Personal Information includes web analytics such as browser types and versions, operating systems and device types, internet service providers, the Internet Protocol (IP) address connecting your computer to the internet average, and analytics pertaining to time spent on our site(s) and pages viewed. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices.  We suggest that you check the Site periodically if you are concerned about how your information is used.

Location-Based Data

FreshBytes makes use of location-based data for our Website to locate restaurants in your geographic area. If you choose not to allow FreshBytes to access your location, some or all functionality of the Services may not be available to you.

Disclosure of Your Personal Information

We disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.

Third Party Service Providers. We may share your Personal Information with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the Company.

Other Disclosures. Regardless of any choices you make regarding your Personal Information (as described below), Company may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use.

Links to Third Party Websites

As part of the Service, we may provide links to or compatibility with other websites or applications.  However, we are not responsible for the privacy practices employed by those websites or the information or content they contain.  This Privacy Policy applies solely to information collected by us through the Site and the Service.  Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Service.  To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application.  We encourage our users to read the privacy statements of other websites before proceeding to use them.

Your Rights Regarding the Use of Your Personal Information

You have the right at any time to prevent us from contacting you for marketing purposes.  When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of your Account, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

Security of Your Personal Information

We implement security measures designed to protect your information from unauthorized access.  Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use.  We further protect your information from potential security breaches by implementing certain technological security measures However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.  While we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. By using our Service, you acknowledge that you understand and agree to assume these risks

Changes to This Privacy Policy

We reserve the right to change this policy and our Terms of Service at any time.  We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site.  Significant changes will go into effect 30 days following such notification.  Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

California Residents

California residents with an established business relationship with FreshBytes may contact us at info@freshbytes.io to request information concerning our disclosure of your personal information to third parties for direct marketing purposes or to request to opt-out of any circumstance in which your information may be shared with third parties for direct marketing purposes (California Civil Code Section 1798.83).

Contact Information

If you have any questions regarding this Privacy Policy or the practices of the Site or Mobile Application, please contact us by sending an email to info@freshbytes.io.

Last Updated:

This Terms of Use was last updated on February 27, 2017.