These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Hotchows.com and its affiliates (collectively, "Hotchows," "we," "us," or "our") governing your access to and use of hotchows.com, marketplace.hotchows.com, pos.hotchows.com, and all associated subdomains, websites, applications, and services (collectively, the "Services").
1. Acceptance of Terms
By accessing, browsing, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes.
2. Eligibility
You must be at least 16 years of age to use our Services. By using our Services, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.
3. Account Registration and Security
To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information during the registration process
- Maintain and promptly update your account information to keep it accurate and complete
- Maintain the security and confidentiality of your login credentials and not share them with any third party
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account or any other security breach
We reserve the right to suspend or terminate your account at any time if we reasonably believe that the information you provided is inaccurate, or if you have violated any provision of these Terms.
4. Description of Services
Hotchows provides the following services through its platform:
- Hotchows POS (pos.hotchows.com): A point-of-sale system for restaurants and food service businesses
- Hotchows Marketplace (marketplace.hotchows.com): A B2B marketplace connecting food industry buyers and sellers for wholesale purchasing
- ADA Compliance Services: WCAG 2.1 AA audit, remediation, and continuous monitoring
- Delivery Hub: Aggregated delivery platform integration (DoorDash, Uber Eats, Grubhub, Postmates, Chowbus, Caviar)
- Built-in Bookkeeping: Full double-entry accounting integrated with the POS
- Digital Products: Downloadable digital goods including AI prompt packs, automation blueprints, and other digital resources
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
5. Marketplace Platform Terms (Buyers & Sellers)
5.1 Platform Role and Limitations
The Hotchows Marketplace provides a venue for registered sellers to list products and for registered buyers to browse and purchase those products. Hotchows acts exclusively as a technology platform facilitating connections between buyers and sellers. We are not a buyer, seller, distributor, agent, or broker in any marketplace transaction. Any contract for the purchase and sale of products is formed solely between the buyer and the seller.
5.2 Seller Responsibilities
- You are solely responsible for the accuracy and completeness of all product listings, descriptions, images, pricing, and inventory levels
- You are solely responsible for the quality, safety, legality, and regulatory compliance of all products you list and sell
- You must comply with all applicable local, state, federal, and international laws and regulations, including food safety, labeling, licensing, and import/export requirements
- You are solely responsible for fulfilling orders, including proper packaging, handling, storage, and timely shipping of products
- You must honor the return and refund policies you set for your products
- You are solely responsible for collecting and remitting any applicable taxes on your sales
5.3 Buyer Responsibilities
- You are solely responsible for reviewing product listings, descriptions, pricing, and seller policies before placing an order
- You must provide accurate and complete shipping and contact information
- You are responsible for inspecting products upon receipt and reporting any issues to the seller promptly
- You are responsible for ensuring that purchased products meet your own requirements, including dietary restrictions, allergies, and regulatory compliance for your intended use
5.4 Disputes Between Buyers and Sellers
In the event of a dispute between a buyer and a seller, the parties are encouraged to resolve the matter directly. While Hotchows may, at its sole discretion, provide tools or assistance to facilitate dispute resolution, we are under no obligation to mediate, arbitrate, or resolve any dispute between marketplace users.
6. Purchases and Payment
Pricing
All prices displayed on our Services are in US Dollars (USD) unless otherwise stated. Prices are subject to change without notice.
Payment
We accept various payment methods as displayed at checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method and that the information you provide is accurate. All payments are processed through secure third-party payment processors.
Hotchows POS Pricing
Standard Hotchows POS plus built-in bookkeeping is offered free for the first year, then $9.99 per month per location thereafter. Card Processing is a separate $99.99 per month subscription required from day 1 to connect any third-party processor (Helcim, Stripe, Square, Fiserv). Hotchows does not mark up credit card processing fees — merchants contract directly with their chosen processor.
Refunds
Refund policies vary by product type. Please refer to the specific product listing or contact our customer support for refund eligibility. Digital products may have limited or no refund options once downloaded, except as required by applicable law.
7. Digital Products and Downloads
- You receive a limited, non-exclusive, non-transferable license to use the product for personal or business purposes as described in the product listing
- You may not redistribute, resell, sublicense, or share the digital product with third parties unless explicitly permitted
- Digital products are provided "as is" at the time of purchase
- Download links are typically available immediately after purchase and remain accessible through your account
8. AI-Powered Services
- Output Ownership: Content generated by our AI tools based on your input belongs to you, subject to any underlying third-party rights
- No Guarantee of Accuracy: AI-generated content is provided for informational and creative purposes only. We do not guarantee the accuracy, completeness, suitability, or reliability of any AI-generated content. You are solely responsible for reviewing and verifying all AI-generated content before use
- Acceptable Use: You agree not to use our AI services to generate content that is illegal, harmful, deceptive, defamatory, obscene, or that violates the rights of others
- Service Limitations: AI services may experience interruptions, errors, or limitations. We make no guarantee of uninterrupted availability or specific performance levels
9. User Content and Conduct
User Content
You may submit content to our Services, including reviews, comments, menus, and other materials ("User Content"). By submitting User Content, you grant Hotchows a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating and improving our Services.
Prohibited Conduct
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable laws or regulations
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Interfere with or disrupt the integrity or performance of the Services or any data contained therein
- Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services
- Use automated means (bots, scrapers, crawlers) to access or collect data from the Services without our written permission
- Upload or transmit viruses, malware, or any other malicious code
- Harass, abuse, or harm other users of the Services
- Post false, misleading, or fraudulent reviews or content
- Use the Services to send unsolicited communications (spam)
10. Intellectual Property
All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and arrangement thereof — are the exclusive property of Hotchows or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
The Hotchows name, logo, and all related product and service names, design marks, and slogans are trademarks of Hotchows. You may not use these marks without our prior written permission.
11. Disclaimer of Warranties
To the fullest extent permitted by applicable law, Hotchows disclaims all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Any warranty that the Services will be uninterrupted, timely, secure, or error-free
- Any warranty regarding the accuracy, reliability, or completeness of any information, content, or materials provided through the Services
- Any warranty regarding the results that may be obtained from the use of the Services
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Hotchows, its directors, officers, employees, agents, partners, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:
- Loss of profits, revenue, data, goodwill, or other intangible losses
- Damages resulting from your access to, use of, or inability to access or use the Services
- Damages resulting from any unauthorized access to or alteration of your transmissions or data
- Damages resulting from any content, products, or services obtained through the Services
- Damages resulting from errors, inaccuracies, or omissions in any content or information displayed on the Services
- Damages resulting from any interruption or cessation of the Services
- Damages resulting from the conduct of any third party on or through the Services
In no event shall our total cumulative liability to you for all claims arising from or related to the Services exceed the greater of (a) the amount you paid to Hotchows during the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100.00).
13. Indemnification
You agree to defend, indemnify, and hold harmless Hotchows and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use of or access to the Services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
- Any User Content you submit, post, or otherwise make available through the Services
- Your negligent or willful misconduct
14. Third-Party Links and Services
The Services may contain links to third-party websites, services, or resources that are not owned or controlled by Hotchows. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Hotchows shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.
15. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:
- Your right to use the Services will immediately cease
- We may delete or deactivate your account and all related information and files
- Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability
You may terminate your account at any time by contacting us via our contact form.
16. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Services shall be resolved through the following process:
- Informal Resolution: We encourage you to contact us first via our contact form to seek an informal resolution
- Mediation: If informal resolution is unsuccessful, the parties agree to attempt mediation before pursuing other remedies
- Arbitration: Any dispute not resolved through mediation shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, class arbitration, or any other representative proceeding.
17. Changes to These Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.
18. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Hotchows regarding the use of the Services. These Terms supersede any prior agreements, communications, or proposals, whether oral or written, between you and Hotchows.
20. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
- Contact: Contact Form
- Website: hotchows.com