OrderBee

Restaurant Partner Agreement

Last updated 4 July 2026

This Agreement is between FREE HIM INC. ("OrderBee," "we," "us") and the business that signs up for an OrderBee account ("Restaurant Partner," "you"). It supplements our general Terms of Use and Privacy Policy; where those documents address something specific to running a business on OrderBee, this Agreement controls. By creating or using a business account, you agree to this Agreement on behalf of the business you represent.

1. The service

As a Restaurant Partner, OrderBee gives you access to some or all of: an owner dashboard to manage your menu, hours, and settings; AI ordering agents for dine-in, walk-in/to-go, phone ordering, and waitlist/host service; order notifications by Telegram and, where enabled, the OrderBee Companion app for handling inbound calls; kitchen output (an on-screen display and/or receipt printing); and analytics about your own business's usage of OrderBee.

2. Onboarding

You represent that you are authorised to bind the business you're signing up, and agree to provide accurate business information (name, address, hours, tax details) and keep it current. To accept payments, you must connect a Stripe account (or, where supported, another processor such as Square), subject to that processor's own agreement.

3. Fees and billing

OrderBee currently charges a per-order commission, deducted automatically from each processed payment through Stripe Connect before the remainder reaches your account, at the rate shown in your dashboard or onboarding agreement. OrderBee may in the future move some or all Restaurant Partners to a flat monthly subscription fee instead of, or alongside, a commission — if that happens to your account, we will update this section and notify you before your billing model changes. If you're on a subscription plan, unpaid invoices follow a grace period disclosed at signup; continued non-payment may result in suspension of ordering for your business until the balance is resolved.

4. Payment processing and tax

You are the seller of record for the food and goods you sell through OrderBee and are responsible for your own income and business taxes. For sales tax, OrderBee's Stripe Tax integration calculates tax on transactions and, in states where OrderBee is registered to do so, collects and remits it as the marketplace facilitator on your behalf; outside those states, or for tax types Stripe Tax does not cover, you remain responsible for your own sales-tax registration, collection, and remittance. If you offer "pay at the end" tabs, diners who opt in have a payment method saved to Stripe; settling the tab authorizes an off-session charge to that payment method, including any tip added.

5. Menu, content, and data license

You're responsible for the accuracy of your menu, pricing, photos, descriptions, and allergen information. You grant OrderBee a license to display and use your menu, photos, and other business content to operate the service. OrderBee may use aggregated or de-identified data but will not sell your individual business data. Diner contact information collected through OrderBee is governed by our Privacy Policy — you may not use it for your own independent marketing outreach without the diner's separate consent.

6. Guest and owner messaging (SMS, Telegram)

OrderBee sends text messages over two distinct rails. Both are transactional only — order links, order status, sign-in codes. Neither rail carries marketing.

(a) Platform rail (Telnyx A2P). Messages sent from OrderBee's own registered business number (order links a caller requests via the phone menu, verification codes). OrderBee is the sender of record: OrderBee operates the STOP/HELP keyword handling, maintains the opt-out suppression list, and holds the A2P 10DLC brand and campaign registration for this number. You have no obligations on this rail.

(b) Companion rail (your own number). The OrderBee Companion app sends messages from your own phone line, on your device, under your control. For this rail you are the sender, and you agree that you will: (i) only message guests who provided your business their number and agreed to be contacted — including warranting, for every contact list you import into Companion, that each person on it gave your business their number and consented to be contacted (the import screen records this attestation); (ii) honor any opt-out — a guest replying STOP to your number, or telling your staff — within ten (10) business days, using the "Don't text" control Companion provides, which also stops OrderBee's automated sending to that guest; (iii) keep message content truthful and free of promotional content. OrderBee provides the controls that make this workable: automated texts only go to guests with a transactional relationship (a prior call or order — never to imported lists), every message carries opt-out instructions, and opt-outs are enforced platform-wide across both rails.

Guest contact information may not be exported or used for your own marketing without the guest's separate consent (see Section 5).

7. Service availability

OrderBee is provided on a best-effort basis. We do not currently guarantee uptime and will give notice of planned maintenance where practical.

8. Term and termination

This Agreement continues until either party terminates it. You may stop using OrderBee at any time; we may suspend or terminate your account for breach, non-payment, or to protect the service or other users. After termination, you may request an export of your menu and order data within 30 days. Amounts already owed to you for processed payments will still be paid out; amounts owed to OrderBee remain due.

9. Intellectual property

OrderBee retains all rights to its software, platform, and branding. If you display a "Powered by OrderBee" mark, we grant you a limited, revocable license to do so while this Agreement is in effect. You retain all rights to your own brand, menu, and content.

10. Confidentiality

Each party will protect the other's non-public business information with the same care it uses for its own confidential information, and use it only to perform this Agreement.

11. Disclaimers and limitation of liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL. EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE FEES PAID OR PAYABLE TO ORDERBEE UNDER THIS AGREEMENT IN THE 12 MONTHS BEFORE THE CLAIM AROSE. This cap does not limit amounts OrderBee owes you that represent your share of processed payments — it applies only to damages claims, not to funds that are properly yours.

12. Indemnification

You will indemnify and hold harmless OrderBee from claims arising from the food or goods you sell, your menu content, your compliance with food-safety and licensing law, and your breach of this Agreement. OrderBee will indemnify you from claims that the core OrderBee platform (excluding your own content) infringes a third party's intellectual property rights.

13. Changes

We may update this Agreement from time to time. We'll revise the "Last updated" date and, for material changes, give notice through the dashboard or by email before they take effect. Continued use after a change means you accept the updated Agreement.

14. Data processing addendum (CCPA service-provider terms)

For personal information of your guests that OrderBee collects, holds, or passes to you in the course of providing the service (names, phone numbers, delivery addresses, order history — "Guest Data"), OrderBee acts as your service provider under the California Consumer Privacy Act (Cal. Civ. Code § 1798.140; 11 CCR § 7051), and the parties agree:

  1. Specified purposes. OrderBee processes Guest Data solely to: take and relay orders; process payments through Stripe; arrange pickup, dine-in, and delivery fulfillment; send transactional messages; provide guest and owner support; maintain security and prevent fraud; and meet tax and legal obligations.
  2. No sale or sharing. OrderBee will not sell Guest Data or share it for cross-context behavioral advertising.
  3. Purpose limitation. OrderBee will not retain, use, or disclose Guest Data outside the direct business relationship with you or for any purpose other than those specified above, except as permitted by the CCPA.
  4. No combining. OrderBee will not combine Guest Data with personal information it receives from other businesses, except as the CCPA permits (e.g., security and fraud prevention).
  5. Same protection. OrderBee will provide the same level of privacy protection the CCPA requires of you, and will comply with the CCPA's service-provider obligations.
  6. Oversight. You may take reasonable steps to confirm OrderBee's compliance and, on notice, require OrderBee to stop and remediate any unauthorized use of Guest Data.
  7. Notice of non-compliance. OrderBee will notify you if it determines it can no longer meet its CCPA obligations.
  8. Consumer requests and flow-down. OrderBee will assist you in responding to verified consumer requests (know, delete, correct) concerning Guest Data, and will bind any subprocessor that handles Guest Data (e.g., Stripe, delivery and messaging providers) to terms at least as protective as this section.
  9. Certification. OrderBee certifies that it understands and will comply with the restrictions in this section.

OrderBee remains an independent business (not your service provider) for data it collects about you (account, billing) and for guests' direct relationship with OrderBee's own surfaces, as described in the Privacy Policy.

15. Governing law and disputes

This Agreement is governed by the laws of the State of California, United States, without regard to conflict-of-laws rules. The state and federal courts located in Los Angeles County, California will have exclusive jurisdiction, unless applicable law requires otherwise.

16. Contact

FREE HIM INC. — support@orderbee.app

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