Last updated: May 18, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant" or "you") and Agito Solutions ("Company," "we," "us," or "our"), the owner and operator of the Vibe Order platform (the "Services"). By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
If you are using the Services on behalf of a business, you represent that you have the authority to bind that business to these Terms.
Vibe Order is a cloud-based platform that enables Merchants to manage menus and inventory, process customer orders and payments, access sales analytics and reporting, and operate kitchen display systems and related tools.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
To use the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for:
You may not share your account credentials with third parties or create accounts on behalf of another person without their authorization. We reserve the right to suspend or terminate accounts that violate these requirements.
Vibe Order facilitates payment processing through third-party payment processors. By using payment processing features, you also agree to the terms and conditions of our payment processing partners. We are not responsible for errors, delays, or failures caused by third-party payment processors.
You are solely responsible for ensuring compliance with all applicable payment card industry standards (PCI DSS) at your physical locations, including securing hardware terminals and restricting access to cardholder data.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:
We reserve the right to investigate suspected violations and to suspend or terminate accounts engaged in prohibited conduct.
All content, features, functionality, software, and technology comprising the Services — including but not limited to text, graphics, logos, icons, and code — are owned by or licensed to Agito Solutions and are protected by applicable intellectual property laws. These Terms do not grant you any right, title, or interest in the Services beyond the limited license to use them as described herein.
You retain all rights to data and content you upload to the Services ("Merchant Content"). By uploading Merchant Content, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and display your content solely to the extent necessary to provide the Services.
Our collection and use of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for obtaining all necessary consents from your employees and customers to allow us to process their data in connection with providing the Services.
Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This obligation does not apply to information that is or becomes publicly known through no breach of these Terms, or that is independently developed without reference to confidential information.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy or completeness of any content or data provided through the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGITO SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION — ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE THREE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Agito Solutions and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your Merchant Content.
These Terms remain in effect for as long as you maintain an account with us. You may terminate your account at any time by contacting us. We may suspend or terminate your access to the Services immediately, without prior notice or liability, if you breach these Terms or if we are required to do so by law.
Upon termination, your right to use the Services will immediately cease. We will retain your data for a period following termination as described in our Privacy Policy, after which it may be deleted.
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for matters involving intellectual property or confidentiality.
You waive any right to participate in a class action lawsuit or class-wide arbitration.
We may update these Terms from time to time. When we make material changes, we will notify you by updating the "Last updated" date at the top of this page and, where appropriate, by sending an email to the address associated with your account. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes.
If you have questions about these Terms, please contact us at:
Agito Solutions / Vibe Order