Terms of Service

Last updated: May 20, 2026

These Terms of Service ("Terms") govern your access to and use of the TxtOrders SMS ordering platform, website, and related services (collectively, the "Service") provided by TxtServe LLC, an Oklahoma limited liability company, doing business as "TxtOrders" ("TxtOrders," "we," "us," or "our"). By using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the Service — including by sending an SMS message to any TxtOrders phone number — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

2. Description of Service

TxtOrders provides an SMS-based food ordering platform that enables restaurant customers to place and pay for food orders via text message. Our Service includes:

• An AI-powered conversational ordering system
• Payment processing facilitated by TxtServe LLC payments
• Delivery coordination through our delivery network partners
• POS and receipt printer integration for restaurant partners
• Analytics and reporting tools for restaurant partners

3. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

4. Customer Terms

4.1 Ordering

When you place an order through TxtOrders, you are making a purchase from the restaurant, not from TxtOrders. TxtOrders acts as a technology intermediary to facilitate the ordering process. All orders are subject to acceptance by the restaurant.

4.2 Pricing and Payment

Menu prices are set by the restaurant and may include a platform markup. A tiered service fee is applied at checkout based on order subtotal:

• Orders under $30: $1.99 service fee
• Orders $30 to $50: $2.99 service fee
• Orders $50 to $100: $3.99 service fee
• Orders over $100: $4.99 service fee

Delivery fees, if applicable, are set by our delivery partner and vary based on distance and demand. All payments are processed securely through TxtServe LLC payments. By submitting payment, you authorize the applicable charges to your payment method.

4.3 Order Cancellations and Refunds

Once an order is confirmed by the restaurant, cancellation may not be possible. Refund requests should be directed to us at blake@txtorders.com. Refunds are handled on a case-by-case basis and may be issued for orders that are incorrect, not delivered, or significantly delayed due to errors on our part.

4.4 Delivery

Delivery is provided through our third-party delivery network partners and is subject to their terms and conditions for last-mile delivery. Estimated delivery times are approximate and not guaranteed. TxtOrders is not responsible for delays, damages, or issues arising from the delivery process.

5. SMS Communications

5.1 Consent

By texting any TxtOrders phone number, you consent to receive SMS messages from TxtOrders related to your order, including order confirmations, payment requests, delivery updates, and receipts.

5.2 Message Frequency

Message frequency varies based on your ordering activity. You will only receive messages related to orders you initiate or customer support you request.

5.3 Opt-Out

You may opt out at any time by texting STOP to any TxtOrders number. After opting out, you will receive a single confirmation message and no further messages. You may re-subscribe by texting START, JOIN, or YES.

5.4 Help

For help with SMS messaging, text HELP to any TxtOrders number or contact us at blake@txtorders.com.

5.5 Costs

Standard message and data rates from your wireless carrier may apply. TxtOrders does not charge for SMS messages, but your carrier may.

5.6 Mobile Information Sharing

Mobile information and SMS opt-in consent will not be shared with third parties or affiliates for marketing or promotional purposes. No mobile opt-in data or consent records will be shared with any third party.

6. Restaurant Partner Terms

6.1 Service Agreement

Restaurant partners agree to a monthly subscription of $199 per restaurant location, plus $0.30 per order processed through the platform. Fees are billed monthly and cover access to the full TxtOrders platform. The subscription is month-to-month with no long-term commitment.

6.2 Menu Accuracy

Restaurant partners are responsible for maintaining accurate and up-to-date menu information, including prices, item availability, and allergen information. TxtOrders is not liable for errors resulting from inaccurate menu data provided by the restaurant.

6.3 Order Fulfillment

Restaurant partners agree to fulfill all confirmed orders in a timely manner and to maintain food quality and safety standards as required by applicable law.

6.4 Cancellation

Restaurant partners may cancel their subscription at any time with 30 days' written notice. No refunds are provided for partial months.

7. AI-Powered Service

Our ordering system uses artificial intelligence to process and respond to customer messages. While we strive for accuracy, the AI may occasionally misinterpret requests or provide incorrect information. Customers should review their order summary before confirming and submitting payment. TxtOrders is not liable for errors caused by AI misinterpretation that are confirmed by the customer.

8. Intellectual Property

All content, features, and functionality of the Service — including but not limited to text, graphics, logos, icons, software, and design — are the property of TxtServe LLC, d/b/a TxtOrders, and are protected by United States and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any part of the Service without our prior written consent.

9. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose
• Send abusive, threatening, or harassing messages through the platform
• Attempt to gain unauthorized access to our systems or interfere with the Service
• Use automated scripts or bots to interact with the Service
• Impersonate another person or entity
• Use the Service to collect personal information of other users

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless TxtServe LLC, d/b/a TxtOrders, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Disclaimer of Warranties

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Oklahoma County, Oklahoma.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on our website with a revised "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TxtOrders regarding the use of the Service and supersede any prior agreements or understandings.

17. Contact Information

For questions about these Terms, contact us at:

TxtServe LLC, d/b/a TxtOrders
Email: blake@txtorders.com
Website: txtorders.com