Terms of Service

Effective date: July 1, 2022 · Last updated: September 26, 2026

1. Agreement

These Terms of Service (“Terms”) are an agreement between Adoluna Corporation (“Adoluna,” “we,” “us”), and the business that uses our Services (“Customer,” “you”). “Services” means the adolunapos.com website, Adoluna POS, the Adoluna kiosk, online ordering, the Adoluna Store Portal (Backoffice), our mobile apps, and related support. If you sign an order form, quote or other written agreement with us (“Order”), the Order controls if it conflicts with these Terms. By using the Services, you confirm that you have authority to bind your business.

2. Accounts and access

You are responsible for your account, your users (including employees and their passcodes), and all activity under your account. Keep login details confidential and tell us promptly about any unauthorized use. You are responsible for giving each employee the right permissions.

3. Fees and payment

Fees, billing frequency, and any hardware, installation or support charges are set out in your Order or quote. Unless your Order says otherwise, fees are payable in advance, are non-refundable, and exclude taxes. We may suspend the Services for overdue amounts after notice.

4. Payment processing

Card payment processing is provided by third-party processors under a separate agreement between you and the processor. Adoluna is not a party to that agreement and is not responsible for the processor’s services, fees, funding, chargebacks or holds.

5. Hardware

If you buy or lease hardware through us, the terms of your Order and any manufacturer warranty apply. Unless stated otherwise, hardware is covered only by the manufacturer’s warranty.

6. Your responsibilities

You will: keep a working internet connection and a compatible network setup as described in our Help Center; follow applicable laws, including laws on sales tax, tips and wages, consumer protection, food ordering and text messaging (including getting any consent needed to text your guests); make sure the menu, prices, taxes and other settings you enter are accurate; and check your reports. Features such as the Time Card report and Bookkeeping records are tools only. They do not provide tax, payroll or legal advice, and you remain responsible for your payroll, tax filings and records.

7. Acceptable use

You will not misuse the Services, including by: breaking the law; sending spam or unlawful messages; trying to gain unauthorized access; interfering with or reverse-engineering the Services (except where the law allows); or reselling the Services without our written permission.

8. Your data

You own the data you and your users enter into the Services (“Customer Data”). You give us permission to host, process and use Customer Data to provide, support and improve the Services and as described in our Privacy Policy. You are responsible for having the rights and notices needed to give us Customer Data, including your guests’ information. You can export reports and records through the export features available in the Services. After termination, we may delete Customer Data after a reasonable period.

9. Third-party services

The Services may connect to third-party services you choose, such as delivery platforms, payment processors, SMS providers and app stores. Your use of them is governed by their terms, and we are not responsible for them.

10. Availability and changes

We work to keep the Services available and to improve them, and we publish release notes. We may change or discontinue features. The Services depend on internet connectivity and third-party infrastructure, and we do not guarantee uninterrupted or error-free operation unless an Order includes a written service level.

11. Support

Support is provided through our Help Center and the contact channels listed on our website. The scope of support is described in your Order.

12. Intellectual property

The Services, software, documentation and Adoluna brand belong to Adoluna and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription for your internal business. Feedback you give us may be used without obligation.

13. Confidentiality

Each party will protect the other’s non-public information with reasonable care and use it only to perform under these Terms.

14. Disclaimer

Except as expressly stated in an Order, the Services are provided “as is” and “as available,” and Adoluna disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

15. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Adoluna’s total liability for any claim is limited to the fees you paid for the Services in the 12 months before the claim.

16. Indemnity

You will defend and indemnify Adoluna against third-party claims arising from your Customer Data, your use of the Services in breach of these Terms or the law, or your messages to guests.

17. Term and termination

These Terms apply while you use the Services. Either party may terminate as set out in your Order. We may suspend or terminate for material breach, non-payment or misuse after notice where practical. Sections that by their nature should survive termination will survive.

18. Governing law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law rules. The state courts located in the City of Norfolk, Virginia, and the United States District Court for the Eastern District of Virginia, Norfolk Division, have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party consents to the personal jurisdiction of those courts, unless the parties agree otherwise in writing.

19. Changes to these Terms

We may update these Terms by posting a new version with a new effective date. Material changes take effect after posting or notice. Continued use means you accept the updated Terms.

20. General

These Terms and your Order are the entire agreement on this subject. If any part is unenforceable, the rest remains in effect. You may not assign these Terms without our consent. Neither party is liable for delays caused by events beyond its reasonable control.

21. Contact

Adoluna Corporation · +1 (866) 588-8868 · info@adoluna.com