1. Acceptance of Terms

Ginger is a product of YSK Technologies LLC, an Indiana limited liability company ("YSK Technologies," "we," "us," or "our"). By using Ginger's services — including the POS system, online ordering platform, AI phone ordering feature, and related services — you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. We may update these terms from time to time, and continued use constitutes acceptance of the updated terms.

2. Description of Service

Ginger provides a restaurant POS system that runs on an on-site server device (the "Ginger Box") installed on the restaurant's local network and is operated through a web browser on the restaurant's own devices, together with cloud services including but not limited to: a branded online ordering website (automatically generated for each restaurant); AI phone ordering (as a paid add-on); and menu management, staff management, and reporting. The POS is delivered through a web browser and does not require proprietary ordering terminals. The service requires a Ginger Box on the restaurant's local network and compatible browser devices. Ginger may provide hardware — including the Ginger Box, printers, a card payment terminal, and a touchscreen terminal or tablet — subject to restaurant eligibility. Cloud features — including the online ordering website, AI phone ordering, card payment processing, and remote management and reporting — additionally require an internet connection.

3. Account and Access

You are responsible for: maintaining the security of your account credentials, including administrator and staff PIN codes; all activity that occurs under your account; ensuring only authorized personnel access your POS system; and accurately maintaining your restaurant information, menu, and pricing.

You may not share account access with unauthorized third parties or allow your account to be used to operate a business other than the restaurant you registered.

4. Pricing and Payment

POS system: Ginger POS is $0/month when online ordering is enabled. Restaurants without online ordering enabled, or with fewer than 100 online orders per month, are subject to a $59/month platform fee.

Online ordering platform fee: A flat $1 platform fee is charged per online order, paid by the ordering customer, not deducted from restaurant revenue.

AI voice ordering: $250/month add-on. Billed monthly, cancellable at any time.

Payment processing: Card processing fees are charged by the third-party payment processor (rates vary by volume and processor). Ginger does not guarantee specific payment processing rates.

All fees are billed monthly. You may cancel at any time without cancellation fees. Cancellation takes effect at the end of the current billing period. Ginger reserves the right to change pricing with 30 days' advance notice.

Onboarding grace period: Newly registered restaurants are exempt from the $59/month platform fee for the first 60 days, regardless of online order volume. This gives you time to set up your menu, launch online ordering, and build order volume. After 60 days, standard pricing terms apply.

5. Online Ordering Terms

Ginger generates a branded online ordering website for each restaurant. As the restaurant operator, you are responsible for: ensuring menu prices and item descriptions are accurate; promptly updating item availability (such as 86'd items); complying with local food safety regulations and labeling requirements; and handling customer complaints and refund requests.

Ginger is not responsible for the food quality, accuracy, or delivery of orders placed through the online ordering website. The transaction relationship between the customer and the restaurant is the restaurant's direct responsibility.

6. AI Phone Ordering Terms

AI phone ordering is an optional paid add-on. By using this feature, you understand and agree that:

The AI system uses automated voice technology to answer calls and process orders. While the system is designed to process orders as accurately as possible, AI does not guarantee 100% accuracy. The AI will transfer calls to staff when it is uncertain.

Restaurant operators are responsible for compliance with local laws and regulations regarding automated phone answering systems, caller notification, and data collection. Some jurisdictions may require notifying callers at the start of the call that they are interacting with an automated system.

AI processing is based on the menu data you maintain in your POS system. Inaccurate menu data may result in order errors. You are responsible for keeping menu information (prices, availability, modifiers) up to date.

Ginger is not liable for order errors resulting from AI misinterpretation, speech recognition errors, or inaccurate menu data. The system includes a staff transfer mechanism for requests the AI cannot handle.

6a. SMS Messaging Terms

Program name: Ginger Restaurant Notifications.

Program description: Ginger sends strictly transactional SMS notifications about a customer's own restaurant activity: order confirmations and order-ready alerts, reservation confirmations, reminders and cancellation notices, and waitlist notifications. Every message is triggered by a transaction the customer initiated. Consent is express and is collected at the point the phone number is provided: verbally on calls to a restaurant's AI phone-ordering line (the AI reads a fixed disclosure script and sends a confirmation only if the caller answers yes; the answer is recorded), and in writing at online checkout, online reservation booking, the in-store kiosk, and the host-stand waitlist, where a disclosure is displayed beside the phone field ("We may text you… Msg&data rates may apply. Reply STOP to opt out."). Messages are sent only to the number the customer provided or called from. No phone numbers are purchased, rented, or imported from any other source.

Message frequency: Varies with the customer's own activity — for example, one confirmation per order, one confirmation and an optional reminder per reservation, and up to two messages per waitlist visit.

Message and data rates: Standard message and data rates may apply, depending on your mobile carrier and plan.

Opt-out: Reply STOP to any message to stop receiving texts. You will receive a one-time confirmation that you have been unsubscribed, after which no further messages will be sent.

Help: Reply HELP to any message for assistance, or contact us at info@gingerserve.com.

How consent is collected: the full opt-in experience, including the exact script read aloud on the call, is documented at gingerserve.com/sms-opt-in.

Ginger does not send marketing or promotional SMS messages. All messages are strictly transactional and related to orders, reservations, or waitlist visits at restaurants on the Ginger platform. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Mobile phone numbers and SMS opt-in consent are never sold, rented, or shared with third parties or affiliates for their own marketing purposes.

7. Data Ownership

Your data belongs to you. Specifically: your menu data, order records, customer information, and transaction history are owned by the restaurant operator. Ginger has the right to use anonymized, aggregated data to improve the service (for example, improving AI menu comprehension), but will not share identifiable data with third parties without your permission.

If you cancel your account, you may request an export of your data before cancellation. After cancellation, we will delete your data within 90 days, unless legally required to retain it.

8. Acceptable Use

You agree not to: use Ginger for illegal activities; attempt to reverse engineer, decompile, or hack any part of the service; interfere with or disrupt the normal operation of the service; input malicious data or code into the system; transfer or resell access to unauthorized third parties; or use the service to store or transmit content that infringes on third-party intellectual property rights.

9. Service Availability

Core POS functions run on the on-site Ginger Box and are designed to continue operating (order entry, kitchen printing, cash payments) during internet outages. Cloud-dependent features — the online ordering website, AI phone ordering, card payment processing, and remote management and reporting — require an internet connection. We strive to maintain high availability but do not guarantee 100% uptime or uninterrupted operation of the on-site device. We are not liable for service interruptions caused by: internet connectivity issues (your network or upstream providers); failures of the restaurant's local network, power, or devices; third-party service outages (payment processors, AI service providers, infrastructure providers); scheduled maintenance (we will try to provide advance notice); or force majeure events.

10. Payment Processing Disclaimer

Ginger integrates with third-party payment processors (such as Payroc) to process credit and debit card transactions. Ginger is not a payment processor and does not directly process, store, or transmit payment card data. Payment processing is subject to the third-party processor's own terms and conditions. Ginger is not liable for payment processing failures, fund holds, chargebacks, or processing rate disputes.

If your payment processor freezes or delays the release of funds for any reason, that is a matter between you and your payment processor. Ginger cannot intervene in a processor's fund management decisions and is not responsible for any business interruption or cash flow impact that results. We recommend carefully reviewing your payment processor's terms of service and fund hold policies before onboarding.

11. Intellectual Property

The Ginger service — including software, design, content, and branding — is the property of YSK Technologies LLC or its licensors and is protected by intellectual property laws. You may not copy, modify, or create derivative works based on the Ginger service. Content you input through Ginger (menus, images, etc.) remains your property.

12. Limitation of Liability

To the maximum extent permitted by applicable law: Ginger shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the service, including but not limited to: loss of revenue or profits; loss or corruption of data; business interruption; losses resulting from AI order errors; or losses resulting from third-party service (payment processor, AI provider) failures.

Ginger's total liability under any circumstances shall not exceed the total fees paid by you to Ginger in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless YSK Technologies LLC and its officers, directors, employees, and agents from any claims, losses, or damages arising from: your breach of these terms; food safety or compliance issues in your restaurant operations; inaccurate menu information you provide through the service; or your violation of applicable laws or regulations.

14. Termination

You may cancel your account at any time without advance notice and without cancellation fees. Ginger reserves the right to suspend or terminate your account if you breach these terms, in which case we will provide advance notice (except in cases of urgent security concerns). After termination, your right to access historical data is governed by the data retention provisions in our Privacy Policy.

15. Dispute Resolution

These terms are governed by the laws of the State of Indiana, United States, without regard to its conflict of laws provisions. Any disputes arising from these terms or the Ginger service shall be resolved according to the following procedure:

Good-faith negotiation: The parties shall first attempt to resolve any dispute through good-faith negotiation for a period of 30 days from the date of written notice of the dispute.

Binding arbitration: If negotiation does not resolve the dispute and the amount in controversy exceeds $1,000, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in the jurisdiction of Ginger's principal place of business, or remotely by mutual agreement. The arbitration award shall be final and binding on both parties and may be enforced by any court of competent jurisdiction.

Small claims court: Notwithstanding the arbitration provision above, either party may bring a claim in small claims court for disputes not exceeding $1,000.

Class action waiver: You agree that all disputes will be resolved on an individual basis, not as part of any class or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration.

Costs: Each party shall bear its own arbitration costs and attorney fees, except that Ginger will cover arbitration filing fees if the amount in controversy is less than $10,000.

16. Changes to Terms

We reserve the right to modify these terms at any time. Significant changes will be communicated via email to registered users with 30 days' advance notice. Continued use of the service constitutes acceptance of the modified terms.

17. Contact Us

If you have any questions about these Terms of Service, please contact us at info@gingerserve.com.