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Merchant Agreement

Restaurant Participation Agreement

Effective date: May 28, 2026

This Restaurant Participation Agreement describes baseline terms for restaurants and other merchants that use Tilvo products and services, unless a signed order form or master services agreement says otherwise.

1. Agreement Structure

This Restaurant Participation Agreement ("Agreement") applies to restaurants and other merchants ("Merchant", "you", or "your") that access or use Tilvo products or services. If you sign an order form, statement of work, master services agreement, data processing addendum, or product-specific addendum, those documents control if they conflict with this Agreement.

2. Services

Tilvo may provide restaurant websites, online ordering, menus, catering, reservations, loyalty, gift cards, marketing campaigns, branded mobile apps, Voice AI, SMS/email/push communications, analytics, delivery tooling, POS integrations, onboarding, support, hosting, and related services described in an order form or enabled in your account.

3. Merchant Responsibilities

  • You are responsible for restaurant operations, food preparation, safety, sanitation, allergens, menu accuracy, pricing, taxes, tips, fees, refund rules, delivery areas, and fulfillment.
  • You must obtain required licenses, permits, consents, age-verification procedures, marketing permissions, and privacy notices.
  • You must provide accurate business, location, bank, tax, menu, branding, and contact information.
  • You are responsible for your staff, account users, credentials, customer communications, and use of Tilvo tools.

4. Fees and Payment

You agree to pay fees stated in the applicable order form, pricing page, invoice, or plan selection, including subscription fees, setup fees, usage fees, messaging or voice fees, app fees, equipment fees, transaction fees, third-party pass-through costs, taxes, and other disclosed charges. Unless stated otherwise, fees are non-refundable and may be charged automatically to your payment method.

5. Equipment and Third-Party Accounts

If Tilvo provides tablets, printers, phone numbers, domains, app assets, or other equipment or accounts, you must use them only for authorized business purposes, protect them from misuse, return loaned equipment when required, and comply with applicable provider rules.

6. POS, Payments, and Integrations

You authorize Tilvo to connect to third-party services you enable, including Clover, Square, payment processors, delivery services, email/SMS providers, app stores, analytics tools, and domain providers. Tilvo may access, process, sync, and transmit integration data as needed to provide the Services. Third-party services remain governed by their own terms.

7. Customer Data and Privacy

As between the parties, Merchant controls customer relationships and is responsible for legally required privacy notices, consents, and customer request handling. Tilvo will process Merchant customer data to provide the Services, comply with law, protect the Services, and as otherwise permitted by agreement. Merchant may not use Tilvo to send unlawful, non-consensual, misleading, or abusive communications.

8. Messaging, Voice AI, and A2P Compliance

You are responsible for the content and legality of calls, texts, emails, and push messages sent on your behalf. Tilvo may use Telnyx and other communications providers for phone number provisioning, SIP trunking, voice routing, SMS/MMS delivery, A2P/10DLC registration, carrier campaign review, delivery receipts, and opt-out handling. You must obtain all required consents, honor opt-outs, avoid prohibited content, and comply with TCPA, CAN-SPAM, carrier rules, Telnyx acceptable-use and messaging requirements where applicable, A2P 10DLC requirements, platform policies, and other applicable laws.

9. Intellectual Property and Content

Tilvo owns the platform, software, templates, workflows, documentation, and technology. Merchant owns its marks, menus, photos, descriptions, and business content. Merchant grants Tilvo a license to host, display, modify, transmit, and use Merchant content as needed to provide, support, market, and improve the Services.

10. Term, Suspension, and Termination

The term, renewal, cancellation, and minimum commitments are described in the applicable order form or plan. We may suspend or terminate Services for non-payment, security risk, unlawful conduct, policy violations, third-party provider requirements, or misuse. Accrued payment obligations and provisions that should survive will survive.

11. Warranties, Indemnity, and Liability

Each party represents it has authority to enter this Agreement. Merchant will defend and indemnify Tilvo from claims arising from Merchant operations, food/products, content, customer communications, law violations, taxes, refunds, chargebacks, or misuse of the Services. The Services are provided "as is" unless expressly stated otherwise. Tilvo's liability is limited to the fullest extent permitted by law.

12. Confidentiality, Changes, and Contact

Non-public business, product, pricing, technical, or customer information should be treated as confidential. We may update online terms by posting a revised version. Questions may be sent to legal@tilvo.ai.