Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of this marketing website (the “Site”) operated by Smackz LLC (“Smackz,” “we,” “us,” or “our”). By accessing the Site, joining our waitlist, or otherwise interacting with us through the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

1. About Smackz and This Site

Smackz is a restaurant technology company developing a platform that helps restaurants run their digital storefronts. This Site is informational and intended to share details about Smackz and to collect early-access waitlist signups from interested restaurant operators and prospective customers.

This Site does not provide ordering, payment processing, or any restaurant-facing service. The Smackz platform itself is governed by separate agreements that apply when and if you become a customer.

2. Eligibility

You must be at least 18 years old and able to form a binding contract under applicable law to submit information through the Site. If you submit information on behalf of a business or other entity, you represent that you have the authority to do so.

3. Waitlist & Communications

When you submit our waitlist form, you authorize us to contact you about Smackz using the email address you provide. If you optionally provide a mobile phone number and check a consent box, you also authorize us to send SMS messages of the categories you selected (transactional, marketing, or both). Consent to receive marketing SMS is not a condition of joining the waitlist.

You are responsible for keeping the contact information you provide accurate. You may opt out of marketing emails at any time using the unsubscribe link, and you may opt out of SMS at any time by replying STOP to any message. Reply HELP for help. Message frequency varies. Message and data rates may apply.

4. SMS Messaging

By opting into SMS from Smackz you agree to receive transactional, informational, and/or promotional messages related to our products, services, and customer support. These messages may include responses to inquiries, service updates, appointment reminders, and promotional offers.

Message Frequency

Message frequency varies depending on your interaction with our services.

Message & Data Rates

Message and data rates may apply.

Customer Support

For assistance, reply HELP or contact us by visiting our website.

Opt-Out Instructions

You can opt out of receiving SMS messages at any time. Reply STOP to any message to unsubscribe. After you send STOP, you will receive a confirmation message and no more messages will be sent.

5. Acceptable Use

You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms
• Submit false, misleading, or fraudulent information through the Site
• Submit another person’s contact information without their permission
• Attempt to gain unauthorized access to the Site, its systems, or any data we collect
• Probe, scan, or test the vulnerability of the Site, or breach its security or authentication measures
• Use automated means (bots, scrapers, crawlers) to access the Site, except for well-behaved search engine indexing
• Reverse engineer, decompile, or attempt to extract the source code of any part of the Site
• Interfere with or disrupt the Site, the servers or networks that host it, or other users
• Use the Site to send unsolicited communications, advertising, or spam
• Frame, mirror, or otherwise copy the Site or its content for commercial purposes

6. Intellectual Property

The Site and all of its content, including text, graphics, logos, images, the Smackz name and brand, software, and the overall design, are owned by Smackz or its licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access the Site for personal, non-commercial informational purposes. All other rights are reserved.

7. Third-Party Links

The Site may contain links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party sites. Accessing third-party sites is at your own risk and subject to their terms and privacy policies.

8. Privacy

Our collection and use of information through the Site is described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT. ANY DESCRIPTIONS OF THE SMACKZ PLATFORM ON THIS SITE ARE FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE A COMMITMENT TO PROVIDE ANY SPECIFIC FEATURE, FUNCTIONALITY, OR LAUNCH DATE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMACKZ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Smackz and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your access to or use of the Site, (b) your violation of these Terms, or (c) your violation of any rights of another party.

12. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

13. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Site that is not resolved informally will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts. The Site is operated from the United States and is intended for users in the United States.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Effective Date” at the top of this page. If changes are material, we will provide reasonable notice (for example, by email to waitlist subscribers or a notice on the Site). Your continued use of the Site after the new effective date constitutes acceptance of the updated Terms.

15. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smackz regarding the Site and supersede any prior agreements. If any provision is held to be unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign them at our discretion.

16. Contact

Questions about these Terms can be sent to: