Terms of Use

TERMS OF USE FOR SPILLOVER END USERS
Updated: 24 August 2026

For individuals using Spillover-powered restaurant websites, online ordering, reservations, messaging and other customer-facing services

Spillover Software Group, LLC ("Spillover," "we," "us" or "our") provides digital marketing, commerce and related technology to restaurants and other small businesses (our "Customers"). These Terms of Use govern your access to and use of customer-facing websites, online ordering, eCommerce, reservations, email and text messaging, reputation tools, social features, mobile functionality and other services delivered through the Spillover platform (collectively, the "Platform").

The restaurant or other business with which you are transacting is our Customer and is usually named at the top of their website as well as in their contact details and the About Us sections on the site. Spillover provides the technology platform; unless expressly stated otherwise, Spillover is not the restaurant, seller of food or goods, payment card issuer, reservation provider, courier or delivery company.

Our Privacy Policy at https://spillover.com/privacy-policy-endusers/ (opens in a new tab) is incorporated into these Terms by reference.

1. Acceptance of These Terms

By accessing or using the Platform, you agree to these Terms of Use ("Terms") and our Privacy Policy. You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, to create an account, place an order, make a reservation or otherwise enter into a binding transaction through the Platform. If you do not meet that requirement or do not agree to these Terms, do not use the Platform.

2. Changes to the Terms or Platform

We may update these Terms from time to time. Updated Terms become effective when posted unless otherwise required by law. Your continued use of the Platform after an update means you accept the revised Terms. We may also modify, suspend, withdraw, restrict or discontinue all or any part of the Platform, content, functionality or service at any time, in our sole discretion and without liability, except to the extent applicable law expressly requires otherwise. We do not guarantee that the Platform or any feature will always be available, uninterrupted or offered on the same terms.

3. Account Security and Accurate Information

You must provide accurate, current and complete information when using the Platform. If you create or use an account, you are responsible for safeguarding your credentials and for activity occurring through your account. Notify us promptly at support@spillover.com if you believe your credentials or account have been compromised.

4. Intellectual Property

The Platform, including its software, design, functionality, text, graphics, images, video, interfaces and other materials, is owned by Spillover, its Customers, licensors or other providers and is protected by intellectual property laws. Subject to these Terms, you may use the Platform only for your personal, non-commercial use in connection with interacting with the relevant Customer. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

No ownership interest is transferred to you.

Do not reproduce, republish, sell, sublicense or commercially exploit the Platform or its content except as expressly permitted.
Do not remove copyright, trademark or other proprietary notices.
Do not reverse engineer, scrape, copy or access the Platform through automated means except as expressly permitted by us or applicable law.

If you print, copy, download, reproduce or otherwise use any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and, at Spillover's option, you must return, delete or destroy all copies of materials you have made, without limiting any other right or remedy available to Spillover.

5. Prohibited Uses

You must not use the Platform to:

Violate applicable law or third-party rights.
Impersonate another person or misrepresent your identity or authority.
Interfere with, damage, overload, probe or gain unauthorized access to the Platform or related systems.
Introduce malware, malicious code or other harmful material.
Use robots, spiders, scraping tools or similar automated methods for unauthorized monitoring, copying or data extraction.
Launch, facilitate or participate in a denial-of-service or distributed denial-of-service attack.
Use manual or automated scraping, crawling, data-mining, harvesting or extraction techniques to copy, monitor or build datasets from the Platform except as expressly permitted by Spillover or applicable law.
Use the Platform, its content, data or outputs for competitive analysis, benchmarking, training or development of a competing product or service without Spillover's prior written consent.

6. Information About You and Platform Data

Personal information is handled in accordance with the Privacy Policy see https://spillover.com/privacy-policy-endusers/ (opens in a new tab) Spillover retains ownership of its Platform, databases, database architecture, compilations, metadata, system-generated records, analytical outputs and Resultant Data as described in that Policy. Spillover may process identifiable End User Data and may create, retain, analyze, commercialize, license, transfer and otherwise use aggregated, anonymized, de-identified and derived Resultant Data as permitted by the Privacy Policy and applicable law.

Subject to the Privacy Policy and applicable law, Spillover and the relevant Customer may use information collected through the Platform to provide and improve services, personalize experiences, conduct analytics, market the Customer's products or services, promote Spillover products or services, and support affiliate, referral, co-marketing, joint-marketing or targeted/interest-based advertising activities where permitted. Any notice, consent or opt-out rights required by applicable law will be provided.

Information, business records, Platform data and associated rights may be disclosed or transferred in connection with a financing, investment, merger, acquisition, reorganization, change of control, sale of equity, sale of assets, bankruptcy or similar corporate transaction, subject to applicable law.

7. Online Ordering

If you use the Platform to place an order with a Customer, the order is placed with and fulfilled by that Customer. Spillover provides the ordering technology and facilitates transmission of the transaction but is not the seller, restaurant, food provider or merchant responsible for preparing or supplying the ordered products. You do not need to create an account with us to place an order, however in placing an order through the guest checkout you are agreeing to our Terms and Conditions.

Ordering and Payment

You are responsible for submitting complete and accurate order, contact, pickup or delivery information.
Orders are subject to the Customer's availability, operating hours, service areas, minimum-order requirements and other conditions.
Prices, taxes, tips, service charges and delivery fees applicable to an order will be shown or otherwise disclosed during checkout where required.
Payment may be processed by an independent payment processor. Questions about a charge, the underlying order or a refund should ordinarily be directed first to the Restaurant.

Cancellations and Refunds

Cancellation, modification and refund eligibility is determined by the Restaurant and its applicable policies. Orders cannot be canceled or modified once payment has been processed. Spillover does not control the Restaurant's refund decisions and generally cannot issue a refund on the Restaurant's behalf unless the Platform expressly provides that functionality and the Restaurant authorizes it. Refund requests relating to an order should be directed to the Restaurant using the contact information shown on its website or ordering page.

Pickup

If you select pickup, you are responsible for collecting the order from the location shown in the Platform. Pickup times are estimates provided by or on behalf of the Restaurant and may change because of order volume, staffing or other conditions.

Delivery - Spillover Is Not the Delivery Company

Spillover provides technology that enables Restaurants to accept and manage online orders. Spillover does not prepare food, operate a delivery service, employ or control delivery drivers, dispatch drivers as a carrier, or undertake responsibility for the collection, transportation or delivery of any order.

Where a Restaurant offers delivery, delivery may be performed by the Restaurant itself or by an independent third-party delivery provider selected or engaged by the Restaurant or made available through an integrated service. Any delivery provider is an independent third party and is not an employee, agent, partner or subcontractor of Spillover.

To the fullest extent permitted by law, Spillover is not responsible or liable for late, delayed, failed, incomplete, misdirected or damaged deliveries; driver conduct, availability or safety; delivery fees; pickup or delivery estimates; food quality or condition after collection from the Restaurant; accidents, losses, injuries or property damage occurring during delivery; or any other act or omission of the Restaurant or a delivery provider. Any complaint, refund request or dispute concerning preparation, fulfillment or delivery should be directed to the Restaurant and/or applicable delivery provider. Spillover may provide technical assistance relating to the Platform but does not assume responsibility for the underlying delivery service. At time of writing Spillover works with In House Delivery who manage deliveries through a delivery network and their terms can be found via the following link: www.inhousedelivery.com/s/IHD-TC-Oct-2022.pdf opens in a new tab to an external website.

8. Text Messaging

The Platform may allow our Customers to send transactional and marketing text messages using Spillover technology and one or more telecommunications or messaging service providers. Message and data rates may apply and message frequency varies by program. Marketing text messages are intended to be sent only where the Customer has the consent or other lawful basis required by applicable law and carrier rules.

Summary Terms & Conditions: Our mobile text messages are intended for subscribers over the age of 18 and are delivered via U.S. short code and/or from a dedicated text number supplied by us to our Customers and for which you have “opted-in” with them to receive such messages (“Customer Number”). You may receive up to five message(s) per month depending on the campaign you signed up for. Message and data rates may apply. This service is available to persons with text-capable phones subscribing to AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular®, or Boost. For help, text HELP to the Customer Number, or email the Spillover Support line at support@spillover.com opens your email app. You may stop your mobile subscription at any time for any individual campaign from our Customer by text messaging STOP to the Customer Number or text STOP ALL to stop all messaging communications.

Consent to receive marketing text messages is not a condition of purchase where prohibited by law.

9. Table Reservations

If you use the Platform to make a reservation, your reservation is with the Restaurant, not with Spillover or any third-party technology provider. The Restaurant determines availability, seating, cancellation rules, deposits, no-show charges and other reservation conditions. By using the booking system you are deemed to have accepted these terms and conditions of use:

You must provide accurate booking information and have legal capacity to make the reservation.
A reservation is confirmed only when the Restaurant or Platform provides confirmation.
The Restaurant may apply disclosed cancellation, late-arrival, deposit or no-show policies.
If payment card information is requested to secure a reservation, the Restaurant may make charges permitted by its disclosed reservation policy and applicable law.
You must be a US customer and based in the USA to make a booking.
You are entering into a contract with our Customer which means that you have to pay for the meal once you have eaten it, unless you have made any full or partial prepay arrangements

Allergies and Intolerances

Information entered into a booking form or sent electronically should not be relied upon as the sole method of notifying a Restaurant of a food allergy or intolerance. You should communicate allergy or intolerance information directly to the Restaurant and confirm it with Restaurant staff before ordering or dining. Spillover does not prepare food and is not responsible for allergen handling, ingredient information or food preparation.

10. Reviews and User Content

If you submit a review, rating, comment, photograph or other content through the Platform, you represent that you have the right to submit it and that it does not violate law or third-party rights. You grant Spillover and the relevant Customer a non-exclusive, worldwide, royalty-free license to host, reproduce, display, distribute and publish that content in connection with the Platform, the Customer's business and related marketing, subject to applicable law and our privacy practices.

11. Third-Party Services and Links

The Platform may integrate with or link to independent payment processors, delivery services, reservation technologies, social networks, mapping services and other third-party services. Those providers may have their own terms and privacy policies. Spillover does not control and is not responsible for independent third-party services, their availability, their acts or omissions, or their handling of information except to the extent required by applicable law.

12. Copyright Infringement / DMCA

If you believe material available through the Platform infringes your copyright, you may send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to our designated copyright contact. A valid notice should include your signature, identification of the copyrighted work, identification and location of the allegedly infringing material, your contact information, a good-faith statement that the use is unauthorized, and a statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act for the copyright owner.

Spillover Software Group, LLC
7600 Burnet Road, Suite 170
Austin, Texas 78757
Attn: Legal Counsel
legal@spillover.com

13. Geographic Availability

Spillover is based in Texas, United States. The availability of particular Platform features may vary by location. If you access the Platform from outside the United States or from a jurisdiction in which particular functionality is not offered, you are responsible for compliance with applicable local law.

14. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPILLOVER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY REQUIRED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY AND SECURITY. SPILLOVER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE AND PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

SPILLOVER DOES NOT WARRANT OR GUARANTEE THE QUALITY, SAFETY, ACCURACY, PREPARATION, DELIVERY, AVAILABILITY OR FITNESS OF FOOD, BEVERAGES, PRODUCTS OR SERVICES SUPPLIED BY A CUSTOMER OR THIRD PARTY.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPILLOVER, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY CUSTOMER PRODUCT OR SERVICE, ANY DELIVERY OR OTHER THIRD-PARTY SERVICE, OR ANY CONTENT OR LINKED SERVICE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, EVEN IF FORESEEABLE. THIS EXCLUSION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Spillover, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against claims, liabilities, damages, judgments, awards, losses, costs, expenses and reasonable attorneys' fees arising from or relating to your violation of these Terms, misuse of the Platform, infringement or violation of third-party rights, unlawful user content or activity, fraud, or your acts or omissions in connection with an order, reservation, review or other Platform interaction.

17. Restaurant Transactions and Disputes

Spillover provides the technology through which you may interact or transact with a Restaurant, but Spillover is not the restaurant, merchant, food provider, gift-card issuer, promotion sponsor or seller of the Restaurant's products or services. The Restaurant is responsible for menus, prices, taxes, allergens, ingredients, product quality, availability, preparation, fulfillment, substitutions, cancellations, refunds, reservations, loyalty rewards, coupons, gift cards, promotions and customer service.

Except for technical issues caused by the Spillover Platform itself, disputes relating to the underlying Restaurant transaction should be directed to the Restaurant or applicable independent service provider. Spillover is not responsible for the acts or omissions of the Restaurant or independent third parties, subject to rights that cannot lawfully be excluded.

18. Website Accessibility

Spillover works to support accessible website experiences and encourages its restaurant Customers to take ongoing steps to improve accessibility. Accessibility can depend on restaurant-supplied content, third-party services, integrations, devices and assistive technologies, and evolving legal and technical standards. Spillover does not guarantee that every Customer website or Platform experience will at all times conform to the ADA, WCAG or any other accessibility requirement, or that accessibility complaints or claims will not occur. Responsibility for the accessibility and legal compliance of a Restaurant's website and business rests with the applicable Restaurant, subject to applicable law. Customers may choose optional third-party accessibility tools, including accessiBe, which are governed by their own terms and do not guarantee legal compliance or immunity from claims.

19. Governing Law and Jurisdiction

These Terms and disputes relating to the Platform are governed by the laws of the State of Texas, without regard to conflict of law principles. To the extent permitted by law, legal proceedings by you against Spillover must be brought exclusively in state or federal courts located in Travis County, Texas. Spillover may bring or seek proceedings, injunctive relief or other remedies against you in Travis County, in your country or state of residence, or in any other jurisdiction in which your acts, assets or relevant conduct are located. Mandatory consumer-law jurisdiction rights, if any, are not waived.

20. Time Limit for Claims

TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED.

21. Waiver and Severability

Failure to enforce a provision is not a waiver. If any provision is held invalid or unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue in effect.

22. Entire Agreement

These Terms and the Privacy Policy constitute the agreement between you and Spillover regarding your use of the Platform, except that a Restaurant or independent third-party provider may impose additional terms governing the products or services it provides to you.

23. Contact Us

Questions, feedback and technical support requests relating to the Platform may be sent to support@spillover.com.

Spillover Software Group, LLC
7600 Burnet Road, Suite 170
Austin, Texas 78757