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Terms Of Service

Last updated November 7, 2026

These Terms of Service ("Terms") are an agreement between you and DinerMagnet, Inc. ("DinerMagnet", "we", "us"). They apply when you visit dinermagnet.com or use the DinerMagnet platform, including restaurant websites, online ordering, apps, marketing tools and DinerMagnet AI (together, the "Service"). By using the Service, you agree to these Terms. If you use it for a restaurant or other business, you agree on that business's behalf and confirm you have the authority to do so.

1. The Service

DinerMagnet helps independent restaurants get found online, take commission-free orders and bring guests back. Features vary by plan and are described on our pricing page. Some features, including branded mobile apps, are marked "coming soon" and are not yet available. We may improve, change or retire features over time, and we will give you reasonable notice before removing a feature you pay for.

2. Accounts

  • The Service is for businesses. You must be at least 18 and able to enter into a contract.
  • Give us accurate information and keep it up to date.
  • Keep your logins secure. You are responsible for activity under your account, including activity by team members you add.
  • Tell us right away if you think your account has been used without permission.

3. Plans, Fees And Payment

  • Starter has no monthly fee and charges a per-order fee, currently $0.99 per online order. Paid plans are billed monthly or yearly in advance. Current prices are on our pricing page.
  • DinerMagnet does not charge commissions on your orders. Card processing fees charged by the payment processor, and delivery fees charged by delivery partners, are separate and set by those providers.
  • Fees do not include taxes. You are responsible for applicable taxes, other than taxes on our income.
  • If a payment fails, we will let you know. If it is not resolved, we may suspend paid features until it is.
  • We may change prices with at least 30 days' notice. Changes take effect at your next billing period.

4. Cancellation And Refunds

  • You can cancel a monthly plan at any time. Cancellation takes effect at the end of your current billing period, and you keep access until then.
  • Yearly plans can be cancelled to stop renewal. Fees already paid are not refundable, except where required by law.
  • There is no setup fee and no cancellation fee.
  • After cancellation you can export your menus and guest list. We may delete your account data 90 days after your account closes.

5. Your Content And Your Data

  • You keep ownership of everything you upload or create in the Service, including menus, photos, logos, text and your guest list ("Your Content").
  • You give us a limited license to host, copy, display and adapt Your Content only to provide and improve the Service for you, including publishing your website, app listings and campaigns.
  • You confirm you have the rights to Your Content, including photos, and that it does not break any law or anyone else's rights.
  • You can export your guest list at any time. It's yours.

6. Your Guests, Marketing And Compliance

  • You are responsible for your menus, prices, food, allergen and dietary information, order fulfilment, refunds to guests, and the taxes and fees you charge.
  • You must have a privacy policy for your guests and handle their data lawfully. We process guest data on your behalf, as described in our Privacy Policy.
  • Only send marketing emails and texts to guests who have agreed to receive them, and follow applicable laws such as CAN-SPAM and the Telephone Consumer Protection Act (TCPA). Honor opt-outs. Our tools include unsubscribe links and STOP handling to help.
  • You must hold the licenses and permits required to run your restaurant and sell what you sell, including alcohol where applicable.

7. Acceptable Use

You agree not to:

  • Use the Service for anything illegal, fraudulent or misleading, including fake reviews.
  • Send spam or messages to people who have not agreed to receive them.
  • Upload malware, or try to break into, overload or reverse engineer the Service.
  • Copy, resell or build a competing product from the Service.
  • Infringe anyone's intellectual property or privacy.

8. DinerMagnet AI

AI features can import menus, draft campaigns and review replies, and answer questions. AI output can be wrong or incomplete. Review it before you publish or send it, and never rely on it for allergen, health or legal information. You are responsible for content you publish, even if AI helped create it.

9. Third-Party Services

The Service works with third parties such as payment processors, delivery partners, Google, app stores and your POS. Your use of those services is governed by their terms, and we are not responsible for them. Publishing a branded app depends on Apple and Google approving it.

10. Our Intellectual Property

DinerMagnet, our logo, mascot, templates, software and website content belong to DinerMagnet or its licensors. These Terms do not give you any rights to them beyond using the Service. If you send us feedback or ideas, we may use them without any obligation to you.

11. Availability And Support

We work hard to keep the Service running, but it may sometimes be unavailable for maintenance, updates or reasons outside our control. We provide support as described for your plan.

12. Suspension And Termination

We may suspend or close an account that breaks these Terms, creates legal or security risk, or has unpaid fees. Where reasonable, we will give notice first and a chance to fix the problem. You can stop using the Service at any time. Sections that by their nature should continue, such as fees owed, ownership, disclaimers, limits of liability and indemnity, survive termination.

13. Disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available." To the extent allowed by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not promise specific results, such as search rankings, order volume or revenue.

14. Limitation Of Liability

To the extent allowed by law, DinerMagnet will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to the Service is limited to the greater of the fees you paid us in the 12 months before the claim or $100.

15. Indemnity

You agree to defend and indemnify DinerMagnet against claims, losses and costs (including reasonable legal fees) arising from Your Content, your food and services, your marketing messages, or your breach of these Terms or the law.

16. Governing Law And Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in San Mateo County, California, and both parties consent to their jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days.

17. Changes To These Terms

We may update these Terms. We will post the new version here and change the date at the top. For significant changes, we will give restaurant customers at least 30 days' notice by email or in the Service. If you keep using the Service after changes take effect, you accept the updated Terms.

18. Other Terms

These Terms, together with any order form or plan details we agree with you, are the entire agreement between us about the Service. If any part is found unenforceable, the rest stays in effect. Not enforcing a term is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets.

19. Contact

Questions about these Terms? Book a demo or send us a message through the form on our Privacy Policy page.