Terms of Service

1. Agreement to Terms

These Terms form a binding agreement between you and Joshua Philip regarding your use of the Services.

Additional terms may apply to specific features, paid services, order forms, invoices, beta programs, or written agreements. If there is a conflict between these Terms and a signed written agreement or order form expressly governing paid services, the signed written agreement or order form will control with respect to the subject matter it covers.

2. Description of Service

Meshinity is a multi-tenant software platform that helps restaurants and small businesses create and manage websites and related online presence tools. Depending on your configuration and plan, the Services may include:

• Website hosting and publishing on Meshinity subdomains or custom domains;
• Content management tools for menus, hours, photos, specials, events, and other site content;
• Administrative dashboards for business owners and authorized staff;
• Platform and developer tools for provisioning and managing customer sites;
• Domain, DNS, and custom hostname support workflows;
• Search-engine metadata, sitemaps, and related SEO-oriented features;
• Analytics, reporting, and performance-related features; and
• Support, onboarding, and related professional services as offered from time to time.

3. Eligibility and Authority

You must be at least 18 years old and able to form a binding contract to use the Services on your own behalf.

If you register for or use the Services on behalf of a restaurant, business, or other organization, you represent and warrant that you are authorized to bind that organization to these Terms and that all information you provide about the organization is accurate.

You are responsible for ensuring that your use of the Services complies with applicable laws, industry rules, and any obligations you owe to your customers, employees, licensors, or other third parties.

4. Accounts and Security

To access certain features, you may need to create an account and provide accurate, current, and complete information. You agree to keep your account information updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, whether or not authorized by you.

You must notify us promptly at [email protected] if you believe your account or credentials have been compromised or used without authorization.

We may suspend or restrict access to the Services, in whole or in part, if we reasonably believe there is unauthorized access, abuse, a security risk, nonpayment of applicable fees, or a violation of these Terms.

5. Customer Content

"Customer Content" means content, data, media, and other materials that you or your authorized users submit, upload, publish, or transmit through the Services, including menus, prices, hours, photos, logos, business descriptions, specials, events, SEO text, links, location information, and other materials displayed on your website or stored in your account.

6. Customer Responsibilities

You are solely responsible for Customer Content and your use of the Services, including:

• The accuracy, completeness, and timeliness of menus, prices, hours, availability, and business information;
• Food, allergen, nutrition, health, and safety claims displayed on your site;
• Obtaining rights and permissions for photos, media, trademarks, logos, and other materials you upload;
• Compliance with applicable laws, regulations, licensing requirements, and advertising rules;
• Providing appropriate privacy notices and lawfully processing information collected from your site visitors;
• Responding to customer inquiries, reservations, orders, and other communications directed to your business;
• Maintaining ownership and control of any custom domain names you connect to the Services; and
• Ensuring that your administrators and staff use the Services in compliance with these Terms.

7. Acceptable Use

You agree not to, and not to allow others to:

• Use the Services for any unlawful, harmful, deceptive, fraudulent, infringing, defamatory, obscene, or abusive purpose;
• Upload or transmit malware, spam, phishing content, or other harmful code or communications;
• Scrape, crawl, or harvest data from the Services except as expressly permitted;
• Attempt to bypass, disable, or interfere with security features or access controls;
• Interfere with or disrupt the integrity or performance of the Services or related systems;
• Access the Services or another user's account without authorization;
• Upload or publish content you do not have the right to use;
• Use the Services to violate the privacy, publicity, or intellectual property rights of others; or
• Use the Services in a manner that could expose Meshinity or other users to liability or harm.

8. Customer Websites, Domains, and DNS

Meshinity may provide websites on tenant subdomains and may support connection of custom domain names through DNS changes, third-party verification, and related infrastructure workflows.

• You are responsible for owning or controlling any custom domain you connect to the Services and for making accurate DNS changes at your registrar or DNS provider.
• SSL certificates, custom hostname availability, domain verification, and routing may depend on DNS propagation, third-party systems such as Cloudflare, registrar settings, and other factors outside Meshinity's exclusive control.
• We do not guarantee that every domain can be connected immediately or successfully.
• We may remove, disable, or suspend domain connections if required for abuse prevention, security, legal compliance, loss of verification, nonpayment, or violation of these Terms.
• You remain responsible for renewing domain registrations and maintaining valid DNS records unless otherwise agreed in writing.

9. Third-Party Services and Integrations

The Services may rely on or integrate with third-party services, including hosting and cloud infrastructure providers, Cloudflare and other DNS, CDN, or security providers, analytics tools, maps, email or messaging services, reservation or ordering links, and payment processors if paid features are enabled.

Your use of third-party services may be subject to separate terms and policies. Meshinity does not control and is not responsible for third-party services, their availability, or their acts or omissions, except to the extent required by applicable law.

Links or integrations to reservation, ordering, payment, or other external platforms do not make Meshinity the provider of those services.

10. Fees, Billing, and Paid Services

Some features or services may be offered without charge during preview, beta, or promotional periods. Paid services, if any, will be described in an applicable order form, invoice, subscription plan, checkout flow, or other written agreement.

If you purchase paid services, you agree to pay all applicable fees, taxes, and charges in accordance with the billing terms presented at the time of purchase or in the applicable order form or agreement.

Unless otherwise stated in the applicable order form or agreement, fees are non-refundable except where required by law or expressly stated in writing.

Renewals, cancellations, payment methods, late payments, and suspension for nonpayment may be governed by the applicable order form, invoice, or written agreement.

If there is a conflict between these Terms and a signed written agreement or order form regarding paid services, the signed written agreement or order form controls for that paid services relationship.

11. Trials, Demos, and Beta Features

We may offer demos, trials, previews, or beta features for evaluation. These offerings may have limited functionality, incomplete documentation, or reduced support.

We may modify or discontinue demos, trials, or beta features at any time without liability.

Beta or preview features are provided "as is" and may not be suitable for production use unless expressly agreed otherwise in writing.

12. Platform Changes and Availability

We may update, modify, suspend, or discontinue any part of the Services at any time, including features, templates, integrations, and infrastructure components.

For material changes that significantly reduce core paid functionality, Meshinity will use reasonable efforts to provide advance notice when practical, except for emergencies, security, legal, abuse, or third-party provider issues.

We use reasonable efforts to maintain reliable Services, but we do not guarantee uninterrupted, timely, secure, or error-free operation.

Scheduled or emergency maintenance, third-party outages, network issues, and events outside our reasonable control may affect availability.

13. SEO, Analytics, Leads, and Business Results Disclaimer

Meshinity may provide tools related to search-engine metadata, sitemaps, structured data, analytics, reporting, and website performance. These tools are intended to help you manage your online presence.

Meshinity does not guarantee search-engine rankings, indexing, organic traffic, click volume, leads, reservations, orders, revenue, or any other business result.

Search engines, maps platforms, reservation systems, and other third parties determine how content is indexed, displayed, or ranked using their own algorithms and policies.

You are responsible for your business operations, customer service, and follow-up with prospects or guests who contact you through your website or other channels.

14. Intellectual Property

Meshinity and its licensors own the Services, including the platform software, templates, components, workflows, designs, documentation, branding, and all related intellectual property rights, excluding Customer Content.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the term of your account or service relationship.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Services or Meshinity templates except as expressly permitted by law or in writing by Meshinity.

If you provide suggestions, ideas, or feedback about the Services, you grant Meshinity the right to use that feedback without restriction or compensation to you.

15. Confidentiality

Each party may receive non-public information from the other in connection with the Services. The receiving party agrees to use the disclosing party's confidential information only as necessary to perform under these Terms and to protect it with reasonable care.

Confidential information does not include information that is publicly available without breach, already known without restriction, independently developed, or rightfully received from a third party without duty of confidentiality.

A party may disclose confidential information if required by law, provided it gives reasonable notice where permitted so the other party may seek protective measures.

16. Privacy

Our Privacy Policy describes how we collect, use, and share information in connection with the Services. By using the Services, you acknowledge that you have read the Privacy Policy.

You are responsible for providing appropriate notices to your site visitors and for your lawful collection and use of information you obtain through your website or account.

17. Suspension and Termination

You may stop using the Services at any time. You may request account closure by contacting us, subject to any outstanding fees or contractual obligations.

We may suspend or terminate your access to the Services, in whole or in part, if you violate these Terms, fail to pay applicable fees, create legal or security risk, or if we discontinue the Services or a particular feature.

Upon termination, your right to access the Services ends. We may unpublish customer websites, disable domain connections, and restrict dashboard access.

Customer Content and account data may be deleted or retained in accordance with our Privacy Policy, backups, legal obligations, and any written agreement. Deleted data may persist in backups for a limited period.

18. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

Joshua Philip DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Meshinity does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components; that Customer Content will be preserved without loss; that search engines will index or rank your site in any particular way; or that the Services will meet your business requirements or generate any specific commercial result.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MESHINITY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MESHINITY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO MESHINITY FOR THE SERVICES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) 100 U.S. DOLLARS (USD $100).

These limitations apply to all causes of action, whether in contract, tort, strict liability, or otherwise, except to the extent prohibited by applicable law.

Some jurisdictions do not allow limitation of certain damages, so some of the above limitations may not apply to you.

20. Indemnification

You will defend, indemnify, and hold harmless Meshinity and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Customer Content or your customer websites;
• Your violation of these Terms or applicable law;
• Your infringement or misappropriation of any third-party rights;
• Privacy, data protection, or consumer protection claims relating to information you collect or process through your site or account;
• Your misuse of the Services; or
• Disputes relating to your domain names, business operations, menus, pricing, or customer communications.

21. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles that would require application of another jurisdiction's laws.

Except where prohibited by applicable law, you agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state and federal courts located in Virginia, and you consent to personal jurisdiction in those courts.

Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.

22. Changes to These Terms

We may modify these Terms from time to time. When we do, we will update the effective date at the top of this page and, where appropriate, provide additional notice through the Services or by email.

Your continued use of the Services after updated Terms become effective constitutes your acceptance of the updated Terms, to the extent permitted by law. If you do not agree to updated Terms, you must stop using the Services.

23. General Provisions

These Terms, together with the Privacy Policy and any applicable order form or written agreement, constitute the entire agreement between you and Meshinity regarding the Services and supersede prior or contemporaneous understandings on that subject.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver of our right to do so later.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Meshinity.

24. Contact

Questions about these Terms may be sent to:

Joshua Philip

Email: [email protected]