Understanding Your Agreement With MicroSky Food
By starting a trial, creating an account, or using MicroSky Food (the “Service”), you agree to these Terms of Service on behalf of the restaurant or business you represent. If you do not agree, do not use the Service. The Service is provided by MicroSky Managed Services Inc. (“MicroSky,” “we,” “us”), 900 South Ave #300, Staten Island, NY 10314.
The Service
MicroSky Food is software for restaurants: a branded online ordering storefront and a restaurant admin for menus, orders, staff access, and reporting. Optional plan features (such as a branded iOS app, website redesign, organic SEO, email, SMS, or push notifications) are described on the Pricing page. We may change features as we improve the product; we will not silently change published plan prices without updating that page.
Accounts and trial
You must provide accurate restaurant information during onboarding. Keep admin logins confidential and responsible for activity under your account. New restaurants start with a 30-day free trial. Cancel during the trial and you will not be charged the monthly subscription. After the trial, billing is month-to-month until you cancel.
Fees
Subscription fees, commission on net online sales, hardware package pricing, and plan qualifiers are listed on the Pricing page. Card processing fees are charged by the processor you choose (Stripe, Authorize.net, or Electronic Payments), not as a hidden MicroSky markup in these terms. You are responsible for applicable taxes.
Your responsibilities
- You are responsible for menu accuracy, pricing, allergens, hours, delivery areas, and fulfilling orders placed through your storefront.
- You must have the rights to the restaurant name, photos, and menu content you upload.
- You must comply with food, health, tax, and consumer laws that apply to your restaurant.
- Guest order data collected on your storefront is yours to steward. Use it only for operating and communicating with your customers.
Acceptable use
Do not use the Service to break the law, send spam, probe or disrupt the platform, impersonate another business, or process payments you are not authorized to take. We may suspend an account that creates security or legal risk.
Payment processing
Online order payments are processed by the merchant account you connect. MicroSky is not a bank or payment facilitator. Chargebacks, refunds, and processor underwriting decisions are between you and that processor.
Intellectual property
MicroSky and its licensors own the Service software, design, and trademarks. You own your restaurant content. You grant us a limited license to host and display that content so the storefront and admin can function. These terms do not transfer ownership of either side’s intellectual property.
Availability and support
We host the Service and provide human support at 718-672-2177. We aim for reliable uptime but do not guarantee uninterrupted availability. Maintenance, third-party outages (including payment processors or app stores), and events beyond our control can affect access.
Disclaimers
The Service is provided “as is.” We do not warrant that online ordering will produce any particular sales volume, search ranking, or conversion rate. Conversion and SEO figures used in marketing are targets and observed ranges, not a guarantee for every restaurant.
Limitation of liability
To the fullest extent permitted by law, MicroSky Managed Services Inc. is not liable for lost profits, lost data, or indirect damages arising from use of the Service. Our total liability for a claim relating to the Service is limited to the subscription fees you paid us in the three months before the claim. Some states do not allow certain limitations; in those states our liability is limited to the maximum extent permitted.
Termination
You may cancel anytime after the trial; access continues through the paid period already billed. We may terminate or suspend the Service if you materially breach these terms or if we discontinue the product, with reasonable notice when we can. After termination we may delete hosted menu and order data after a reasonable retention period.
Governing law
These terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Courts located in Richmond County, New York have exclusive jurisdiction, except that we may seek injunctive relief in any court for misuse of the Service.
Changes
We may update these terms as the Service evolves. The “Last updated” date will change when we do. Material changes will be posted on this page. Continued use after an update constitutes acceptance.
Contact
Questions about these terms: call 718-672-2177 or write MicroSky Managed Services Inc., 900 South Ave #300, Staten Island, NY 10314. Our Privacy Policy explains how we handle information.
Data Privacy and Security Standards
MicroSky Food prioritizes the protection of sensitive restaurant and customer data processed through our online ordering platform. We implement industry-standard security protocols to ensure that all information transmitted between your restaurant's storefront and our servers remains encrypted and secure against unauthorized access.
As a data processor, we maintain strict internal controls regarding the handling of customer contact information and order history. Restaurant owners are encouraged to review our comprehensive Privacy Policy to understand how we collect, store, and utilize data to enhance the performance of your digital ordering ecosystem.
Compliance with Third-Party Payment Processors
Our platform integrates with various third-party payment gateways to facilitate secure transactions for your customers. By utilizing these services, you agree to adhere to the specific terms, conditions, and underwriting requirements established by your chosen processor, such as Stripe or Authorize.net.
MicroSky Food acts as the software interface for these transactions but does not hold or manage your funds directly. Consequently, any disputes regarding chargebacks, refund policies, or merchant account approvals must be resolved directly with the payment processor in accordance with their respective service agreements.