These Terms of Service (the “Terms”) are a binding agreement between Panda Eats Platform LLC(“Panda Eats,” “we,” “us,” or “our”) and the business or person that creates an account or uses our services (“you” or the “Restaurant”). By creating an account, installing our ordering widget, or otherwise using the Service, you agree to these Terms. If you are agreeing on behalf of a business, you represent that you are authorized to bind that business.
1. The Service
Panda Eats provides software that lets independent restaurants take online orders, reservations, and catering requests directly from their own website and a connected tablet, along with related tools such as menu management, delivery-zone mapping, promotions, printing, and reporting (collectively, the “Service”). We may add, change, or remove features over time. We provide the software; you run your restaurant.
2. Accounts and eligibility
You must be at least 18 years old and operate a legitimate food business to use the Service. You are responsible for the accuracy of the information you provide, for keeping your login credentials confidential, and for all activity that happens under your account. Tell us promptly at hello@getpandaeats.com if you suspect any unauthorized use.
3. Fees and payments
Panda Eats charges a flat 7% per order processed through the Service. There is no monthly subscription fee, no setup fee, and no long-term contract. Third-party payment processing fees charged by Stripe are separate and are set by Stripe.
Customer payments are processed by Stripeand are paid out directly into your own connected Stripe account — Panda Eats does not hold your funds. Our 7% is collected in connection with that processing. You are responsible for charging and remitting all applicable taxes on your orders. Fees may change on a going-forward basis with reasonable advance notice; continued use after a change means you accept the new fees.
4. Your responsibilities as a restaurant
You are solely responsible for:
- The food you prepare and sell, including its quality, safety, allergen and nutritional accuracy, and compliance with all health and food-handling laws.
- The accuracy of your menu, prices, hours, delivery areas, and any promotions you run.
- Fulfilling orders you accept, communicating with your customers, and handling refunds, cancellations, and complaints from your diners.
- Complying with all laws that apply to your business, including consumer-protection, tax, labor, and licensing requirements.
Panda Eats is a technology provider. We are not the seller of any food item, not a party to the transaction between you and your diners, and not responsible for order fulfillment.
5. Acceptable use
You agree not to:
- Use the Service for anything unlawful, deceptive, or harmful, or to sell items you are not legally permitted to sell.
- Interfere with, probe, or disrupt the Service, attempt to gain unauthorized access, or circumvent usage or security limits.
- Copy, resell, reverse-engineer, or create derivative works from the Service except as expressly allowed by law.
- Upload content that infringes someone else’s rights or that is false, misleading, or unlawful.
6. Your content
You retain ownership of the menus, photos, logos, business information, and other content you upload (“Your Content”). You grant Panda Eats a limited, worldwide license to host, display, and process Your Content solely to operate and improve the Service for you. You are responsible for having the rights to everything you upload.
7. Third-party services
The Service relies on third-party providers, including Stripe (payments), Supabase (hosting and database), Mapbox (maps for delivery zones), and hCaptcha (bot protection). Your use of those features may also be subject to the providers’ own terms. We are not responsible for third-party services we do not control.
8. Intellectual property
The Service, including its software, design, and the Panda Eats name and logo, is owned by Panda Eats Platform LLC and protected by intellectual-property laws. These Terms do not grant you any rights in our brand or software except the limited right to use the Service as described.
9. Disclaimers
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Panda Eats disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or perfectly secure.
10. Limitation of liability
To the fullest extent permitted by law, Panda Eats will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability arising out of or relating to the Service in any twelve-month period will not exceed the total fees you paid to Panda Eats during that period.
11. Indemnification
You agree to indemnify and hold harmless Panda Eats and its officers, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising out of the food you sell, your use of the Service, Your Content, or your breach of these Terms.
12. Term and termination
You may stop using the Service and close your account at any time — there is no contract or cancellation fee. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the Service in a way that creates risk or legal exposure. Sections that by their nature should survive termination (including fees owed, disclaimers, liability limits, and indemnification) will survive.
13. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by email or a notice in the Service. Your continued use after the changes take effect means you accept the updated Terms.
14. Governing law and disputes
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Miami-Dade County, Florida, and you consent to that jurisdiction and venue.
15. Contact
Questions about these Terms? Reach us at hello@getpandaeats.com, or by mail at Panda Eats Platform LLC, Miami, Florida 33196.