Acceptable Use Policy

This Acceptable Use Policy (the "AUP") describes uses of the WebEatery Services that are not permitted. It is incorporated into the WebEatery Merchant Services Agreement (the "MSA") by reference, and capitalized terms not defined here have the meanings given in the MSA. It applies to the Merchant and to everyone the Merchant allows to use the Services, including its staff and agents—the Merchant is responsible for their compliance.

1. Prohibited Content

The Merchant may not use the Services to publish, sell, or transmit content that:

  • violates any applicable law or regulation, or promotes illegal activity;
  • is deceptive, fraudulent, or misleading, including false menu descriptions, fabricated reviews, or untrue promotional claims;
  • infringes or misappropriates anyone's intellectual property, publicity, or privacy rights, including menu images, logos, and marks the Merchant does not have rights to use;
  • is defamatory, harassing, or hateful; or
  • offers age-restricted or licensed products (including alcohol) without the required licenses, permissions, and age controls.

2. Prohibited Uses

The Merchant may not:

  • probe, scan, disrupt, or circumvent the security or technical limits of the Services, or access systems or data it is not authorized to access;
  • interfere with other Merchants' use of the Services or with any customer's use of a storefront or Branded App;
  • scrape, harvest, or bulk-extract data from the Services other than through provided export features, or use customer data obtained through the Services in violation of the MSA's Customer Data terms;
  • resell, sublicense, or make the Services available to third parties except as the MSA expressly allows;
  • misrepresent its identity, its affiliation with WebEatery, or the origin of its communications; or
  • use the Services to build, benchmark, or train a competing product.

3. Menu and Content Accuracy

The Merchant's responsibilities for accurate menus, pricing, hours, business information, and ingredient and allergen information are set out in MSA Section 5 and apply to everything the Merchant publishes through the Services. Promotional offers must be honored as published.

4. Text-Messaging Compliance

This Section supplements MSA Section 10. For marketing text-message programs operated through the Services, the Merchant is the sender of record, and the Merchant must:

  • obtain each recipient's prior express written consent before sending marketing messages, and keep records of that consent;
  • never make consent a condition of purchase, and say so at the point of opt-in;
  • honor opt-outs immediately (STOP and equivalents) and respond to HELP requests;
  • send only during permitted hours under applicable federal and state law;
  • not use purchased, rented, or harvested contact lists; and
  • cooperate with A2P 10DLC campaign registration and provide accurate campaign information, and comply with carrier and CTIA content requirements—including restrictions on content involving regulated goods (such as alcohol without age verification), and content prohibited by carrier policies.

5. Enforcement

Violations are handled under the MSA's remedies, and in proportion to their severity:

  • Notice and cure. For violations that can be cured, WebEatery will notify the Merchant and give it a reasonable opportunity to cure, consistent with MSA Section 16's cure mechanics.
  • Immediate suspension. WebEatery may suspend the affected feature—or, where necessary, the Merchant's access to the Services—immediately and without prior notice where a violation creates a material legal, security, or compliance risk, including the messaging-suspension right in MSA Section 10. WebEatery will notify the Merchant promptly of any suspension and restore access when the risk is resolved.
  • Termination. Uncured or repeated violations are a breach of the MSA and may result in termination under MSA Section 16.

6. Reporting

Suspected violations of this AUP—by anyone—can be reported to help@webeatery.app; legal notices go to legal@webeatery.app.

7. Changes

WebEatery may update this AUP as the Services and applicable requirements evolve, with notice of material changes per the MSA's change-notice terms (thirty days' written notice).