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OtterOrder Platform Terms of Use

Last updated: October 19, 2025

1. Introduction

Welcome to OtterOrder, an interactive commerce platform that enables customers to order food, beverages, services, and merchandise from participating merchants (the “Platform”). The Platform is owned and operated by OtterOrder, LLC, a Wyoming limited-liability company (“OtterOrder,” “we,” “our,” or “us”). By accessing or using the Platform, you (“User”) agree to be bound by these Terms of Use (“Terms”), our Privacy Policy, and any additional terms incorporated by reference. OtterOrder may update these Terms at any time by posting revised terms on the Platform. Your continued use of the Platform constitutes acceptance of any updates.

 

2. Definitions

  • Platform – The OtterOrder web, mobile, and kiosk applications.
  • Services – All features and functions offered by OtterOrder, including ordering, payments, reporting, and marketing tools.
  • Merchant – A business or individual using the Platform to sell goods or services.
  • Customer – A person using the Platform to view menus, place orders, or purchase items from a Merchant.
  • Order – Any transaction made through the Platform.
  • Fees – Charges associated with the use of the Platform, including service or processing fees.
  • Account – A registered User profile.
  • Competitor – Any person or entity that develops, sells, markets, or operates a product or service that performs functions substantially similar to the Platform or any OtterOrder Service, including without limitation point-of-sale, online ordering, kiosk ordering, QR/NFC ordering, or integrated commerce platforms.
  • Supplemental Terms – Additional terms for certain promotions, integrations, or services.

 

3. Supplemental Terms

From time to time, OtterOrder may publish Supplemental Terms that apply to specific features, promotions, or integrations. These terms form part of this Agreement and take precedence if they conflict with these Terms.

 

4. License and Ownership

All intellectual-property rights in the Platform, including software, design, text, graphics, trademarks, and content, remain the exclusive property of OtterOrder, LLC or its licensors. OtterOrder grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended business or consumer purpose. You may not copy, modify, distribute, sell, lease, or reverse-engineer any part of the Platform unless expressly permitted by law.

 

5. Account Registration and Use

To access certain features, you must create an Account and provide accurate, current information. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your Account.

  • You must be at least 18 years old to register. You may not transfer your Account without written consent from OtterOrder.
  • Automated access, bots, or scripts are prohibited.
  • OtterOrder reserves the right to suspend or terminate Accounts that violate these Terms or contain false, misleading, or fraudulent information.

 

6. Restrictions on Use and Competitive Activities

In addition to the license restrictions in Section 4, Merchants and Users agree that they will not, directly or indirectly:

(a) Use the Platform, or any data, features, screenshots, video, exports, reports, or outputs derived from the Platform, to develop, train, design, specify, or assist in the development of any product or service that competes with the Platform or any OtterOrder Service;

(b) Share, transmit, demonstrate, screen-record, or otherwise provide access to the Platform — including login credentials, screenshots, exports, configuration data, workflow diagrams, integration specifications, or detailed written descriptions of Platform behavior — to any Competitor or to any third party that the Merchant or User knows or reasonably should know is acting on behalf of a Competitor;

(c) Use the Platform to conduct benchmarking, competitive analysis, or feature evaluation for the purpose of public or commercial publication, or for the purpose of assisting a Competitor in replicating Platform functionality;

(d) Knowingly assist, encourage, coordinate with, or provide consulting services to any Competitor or to any third party seeking to replicate, replace, or substitute the Platform with a competing service, including by providing such party with confidential information about the Platform, integration specifications, internal workflows, screen-recorded demonstrations, or OtterOrder’s non-public roadmap, pricing, or proprietary processes;

(e) Permit any employee, owner, contractor, agent, or affiliate of a Competitor to access or use the Platform under the Merchant’s or User’s Account, or for the benefit of a Competitor.

OtterOrder may, in its sole discretion and without prior notice, immediately suspend or terminate any Account that breaches this Section. Termination under this Section is for cause, and the Merchant or User shall not be entitled to any refund of fees previously paid. The obligations in this Section survive termination of the Account for a period of twelve (12) months.

 

7. Third-Party Services and Content

The Platform may link to or integrate with third-party websites, content, or services. Each third-party provider has its own terms and privacy policy. OtterOrder does not control or endorse these services and is not responsible for their content, actions, or performance. Use of any third-party integration is at your own risk.

 

8. Orders and Transactions

Customers may place Orders through the Platform, which are fulfilled directly by the Merchant. OtterOrder provides the technology and payment gateway but is not the seller or provider of the goods or services ordered. Prices, taxes, and fees are set by the Merchant.

 

Payments

All payments made through the Platform are securely processed by Payroc, our authorized payment partner. By submitting payment information, you authorize Payroc to charge your selected payment method for the total Order amount, including applicable fees and taxes. Payment processing is governed by Payroc’s terms, conditions, and privacy policy available on www.payroc.com. OtterOrder is not liable for declined transactions, failed payments, or delays resulting from payment processing issues.

 

Authorization

By placing an Order, you confirm that you are an authorized user of the payment method provided and that sufficient funds or credit are available to complete the transaction.

 

9. Text Messaging and Communications

By using our Services, you consent to receive transactional and operational messages, including order confirmations, delivery updates, or system notices via SMS, email, or push notifications. You may opt out of marketing messages at any time; however, operational communications are necessary for using the Platform.

 

10. Cancellations and Refunds

Once an Order is placed, OtterOrder cannot modify or cancel it on behalf of the Customer. All refund, return, or adjustment requests must be made directly to the Merchant, whose policies govern such matters. OtterOrder does not issue refunds unless required by applicable U.S. consumer-protection law. If a chargeback is initiated, the User may be responsible for any chargeback or dispute fees imposed by Payroc or the issuing bank.

 

11. Promotions and Offers

From time to time, OtterOrder or participating Merchants may provide discounts, rewards, or promotional offers. These offers may have specific terms, expiration dates, or usage limits. They cannot be sold, transferred, duplicated, or redeemed for cash and may be revoked or modified at any time.

 

12. Liability and Indemnification

To the fullest extent permitted by law, OtterOrder disclaims all warranties, express or implied, regarding the Platform and Services.

OtterOrder is not responsible for:

  • Errors in payment processing by Payroc or other third parties.
  • Product or service quality, fulfillment, or delivery handled by Merchants.
  • Unauthorized use of your Account or payment information due to your negligence.

In no event shall OtterOrder’s total liability exceed the amount paid by the User for the specific Order giving rise to the claim.

You agree to indemnify and hold harmless OtterOrder, LLC, its affiliates, officers, employees, and agents from any claims, damages, or losses arising from your breach of these Terms or misuse of the Platform.

 

13. Termination of Services

(a) Termination for Convenience by OtterOrder. OtterOrder may terminate or suspend a Merchant’s or User’s access to the Platform at any time, with or without cause and in its sole discretion, by providing thirty (30) days’ written notice (which may be delivered electronically to the email address on file). Upon termination for convenience by OtterOrder, the Merchant or User will receive a prorated refund of any pre-paid subscription fees attributable to the unused portion of the then-current subscription term. No other refund, damages, or compensation shall be owed.

(b) Termination for Cause. OtterOrder may immediately suspend, restrict, or terminate access to the Platform, without prior notice and without refund of any fees, upon: (i) breach of these Terms, including without limitation Section 6 (Restrictions on Use and Competitive Activities); (ii) fraudulent, deceptive, or unlawful conduct; (iii) non-payment of fees; (iv) misuse of the Platform that creates risk to OtterOrder, other Users, or third parties; (v) chargebacks or payment disputes initiated in bad faith; or (vi) any conduct that, in OtterOrder’s reasonable judgment, is materially harmful to OtterOrder’s business, reputation, employees, or other Users.

(c) Termination by User. Users may close their Accounts at any time by contacting support@otterorder.com. Voluntary closure does not entitle the User to a refund of fees already paid except as required by applicable law.

(d) Effect of Termination. Upon termination for any reason, the Merchant’s or User’s right to access and use the Platform ceases immediately. OtterOrder may retain Account data as required by applicable law or for legitimate business purposes. Termination does not relieve the Merchant or User of any obligations accrued prior to the effective date of termination, including fees owed and the surviving obligations in Section 14.

 

14. Survival

The following provisions survive termination or expiration of these Terms: Section 4 (License and Ownership), Section 6 (Restrictions on Use and Competitive Activities, for twelve (12) months), Section 12 (Liability and Indemnification), Section 13(d) (Effect of Termination), Section 15 (Governing Law and Dispute Resolution), and any other provision that by its nature is intended to survive termination.

 

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to conflict-of-law principles. Any dispute arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located in Wyoming, and Users consent to that jurisdiction.

 

16. Amendments

OtterOrder may modify or update these Terms at any time. The “Last updated” date at the top reflects the latest revision. Continued use of the Platform after updates constitutes acceptance of the revised Terms. For material changes affecting Merchant Accounts, OtterOrder will provide notice via email or in-Platform notification at least thirty (30) days before the changes take effect; continued use of the Platform after that period constitutes acceptance.

 

17. Contact Information

For questions, complaints, or legal notices, contact:

OtterOrder, LLC Email: support@otterorder.com