Terms of Service

The Service

Pontún is a branded online ordering and restaurant growth platform. For each location, the service includes a branded, mobile-first website; direct online ordering for delivery, pickup, curbside, table QR, catering and scheduled orders; a branded iOS and Android app; delivery fulfillment dispatched through Uber Direct; loyalty and rewards; email, SMS and push marketing; Google, Yelp and SEO management; review generation; direct-order print materials; order and sales reporting; and ongoing, done-for-you management of the above. Multi-location restaurants receive the same service at each location, at the per-location rates set out under Fees and Payment below.

Fees and Payment

• Monthly fee. $299 per month, per location, flat, for a single location. $249 per month, per location, for two or more locations.
• Platform fee. 1.5% of online sales processed through the Pontún ordering platform. The restaurant chooses how the fee is applied: charged to the diner at checkout, where it is shown with sales tax as a single “Taxes and fees” line; absorbed by the restaurant, in which case the diner sees no added fee; or built into menu prices, which are raised 1.5% and rounded to the nearest quarter. The fee applies in all three cases. A delivery fee, where one applies, is separate and is paid in full by the diner.
• Setup fee. None.
• Contract term. Month to month, with no minimum term.
• Merchant processing. Card processing for online orders is handled through our payment processor and quoted to each restaurant separately; it is not part of the monthly fee or platform fee described above.
• Menu photography. An optional, separately priced add-on if the restaurant wants a photographer sent on site.

Fees are billed monthly in advance. If a payment fails we will contact you, and online ordering may be suspended if the balance stays unpaid. We will give at least 30 days notice in writing before changing the monthly fee or the platform fee percentage.

Restaurant Responsibilities

• Provide accurate menu, pricing and business information, and keep it current.
• Hold and maintain all licenses, permits and food safety compliance required to operate the restaurant.
• Prepare and fulfill orders accurately and on time once received, whether through the restaurant's POS or the Pontún order tracker tablet.
• Set delivery radius and pickup policies in coordination with us.
• Obtain and maintain proper consent before sending or authorizing marketing messages to its own customer list, and honor opt-out requests promptly.
• Provide timely access to the accounts we need to set up and manage the service, such as Google Business Profile, Yelp and POS credentials.
• Comply with applicable law, including food service, advertising and marketing law.

Pontún Responsibilities

• Build and maintain the restaurant's branded website, ordering platform and app.
• Coordinate delivery dispatch through Uber Direct for delivery orders.
• Process online orders through our payment processor so that funds settle to the restaurant.
• Manage the restaurant's Google Business Profile, Yelp presence, SEO, review generation and marketing campaigns as agreed with the restaurant.
• Provide manager-level access rather than ownership of the restaurant's own accounts and customer list.
• Set monthly priorities with the restaurant and hold a quarterly strategy review.

Acceptable Use

The Client agrees not to use Pontún to violate any applicable law, infringe another party's rights, interfere with or disrupt the operation of the platform, attempt to gain unauthorized access to any part of the platform or its related systems, upload or transmit harmful code, or misrepresent the restaurant's identity, menu or offers to diners.

Intellectual Property

The Pontún name, logo, and the underlying platform and technology are owned by Pontún or its licensors and are protected by applicable intellectual property laws. The Client may not reproduce, distribute, or create derivative works from Pontún's own content or technology without prior written permission.

The restaurant keeps ownership of its own brand, name, logo, menu content and photos. By using Pontún, the restaurant grants us a license to use that material to build, operate and market the restaurant's website, app, ordering platform and marketing campaigns while the restaurant is on Pontún.

Disclaimers

Pontún is provided on an as-is, as-available basis to the fullest extent permitted by law. We do not guarantee specific sales increases, cost savings, search engine rankings, or review outcomes. Results depend on factors outside our control, including the restaurant's market, menu, pricing, and diner behavior. Case studies or examples we share are illustrative of past engagements, and past results are not a guarantee of future performance.

Limitation of Liability

To the fullest extent permitted by law, Pontún will not be liable for any indirect, incidental, special or consequential damages arising out of or in connection with the Client's use of the service. Our total liability for any claim is limited to the fees you paid in the 12 months before the claim arose.

Termination

Because the service is month to month with no minimum term, either party may cancel the subscription by giving You can cancel at any time. Cancellation takes effect at the end of the monthly period you are in, and there is no minimum term. . We may also suspend or terminate the service if the Client fails to pay fees when due or violates these Terms.

When a restaurant leaves Pontún, it keeps its own domain, its own customer list, and ownership of its Google Business Profile and Yelp accounts. Access to the branded app, the ordering platform and the Pontún portal ends on the termination date. On termination we provide your order history and customer list as a CSV export on written request, normally within 30 days.

Changes to These Terms

We may update these Terms from time to time. The “Last updated” date at the top of this page reflects the most recent revision. Continued use of the service after changes are posted means the Client accepts the updated Terms.

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. the state and federal courts located in Los Angeles County, California

Contact

Questions about these Terms can be directed through our Contact page, or by email at general@vanirbm.com.

Vanir Business Management, LLC, doing business as Pontun, headquartered in Pasadena, California. Write to general@vanirbm.com.