AGREEMENT BETWEEN USER AND KUHNSOFT, LLC (DBA SOHUNGRY / SOHUNGRY.NET)

The SoHungry Web Site is comprised of various Web pages operated by SoHungry (KUHNSOFT, LLC).

The SoHungry Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SoHungry Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

SoHungry reserves the right to change the terms, conditions, and notices under which the SoHungry Web Site is offered, including but not limited to the charges associated with the use of the SoHungry Web Site.

BILLING

SoHungry offers this free food ordering system on our web site and our 'Apps' for iOS and Android (coming soon) free of charge for restaurants/caterers. We simply charge a small $1.25 fee per order to the customer as a convenience fee when an order is placed with you. This charge is paid by the customer and not the restaurant/caterer. There is nothing to hide and it is clear as day on their order total and subtotal that they will be charged the convenience fee. This fee is added onto the cost of the order and is transferred directly to the SoHungry (KuhnSoft, LLC) Square, Clover (Clover coming soon), or PayPal account . For example, a $10.00 food order will be added on a $1.25 convenience fee for a total of $11.25 that the customer pays. $11.25 (plus any taxes you have configured) arrives into your Square or PayPal account and then $1.25 is transferred to our SoHungry account. This fee is subject to change at any time as well as any fees that Square, Clover, or PayPal charges are not our responsibility and are not under the control of SoHungry. It should be known that the business may be responsible for the credit card rate on the $1.25 convenience fee. Typically, this may cost you around 2.9 cents based on your rate through processors such as Square or Clover. Any convenience fee sent to SoHungry are FINAL at the time the order is placed and no refunds of our convenience fee will be made to the customer if they happen to call you and/or cancel their food order with you. Customers will see any convenience fee amount before they agree and place their order. By signing up as a restaurant/caterer or food business, you are agreeing to allow us to charge your customers a convenience fee when orders are placed. You are also agreeing to allow us to take a parallel payment with you through Square and/or PayPal so we can collect our convenience fee from the customer as well as for Clover. For Square and PayPal, our convenience fee transfer to us happens real-time at the time of the order. However, with Clover, you will be billed monthly for the total of the convenience fees collected. In the meantime, our convenience fee (paid by the customer) went to you temporarily until Clover reclaims our fee and passes it back over to us via Clover 'Metered Billing' which happens monthly. You are also agreeing to any fees or credit card charges that Square, Clover, or PayPal must impose and these can change over time. As a customer, you are agreeing to pay the convenience fee and not hold SoHungry/KuhnSoft, LLC accountable for any missing orders or for placing orders that for whatever reason cannot be fulfilled or even if you cancel your order.

In some cases, SoHungry offers discounted convenience fee costs to allow you to offset and reduce the convenience fee charged to the customer by paying us a monthly fee such as with our Premium Plan. Please see our Plans screen for up-to-date offerings. We also offer other add-on upgrades to you for an additional monthly or yearly fee. See further below for additional terms regarding our premium add-on services.

For restaurants/caterers located in the United States and using SoHungry with Square, the convenience fee paid by the customer temporarily goes into your Square account and then passes over to SoHungry's Square account automatically and at the time the order is placed. This will show as a Fee if you view it under Square Transactions. Just remember, the customer paid for this fee. For restaurants/caterers located outside of the United States, we will send you a monthly invoice in order to reclaim our convenience fees. When invoiced, you have 10 days to make payment and allow SoHungry to recoup our convenience fee money off of you or we may terminate your service with us and seek legal means in order to receive our convenience fee money off of you.

For restaurants/caterers using Clover with SoHungry (Clover coming soon), the convenience fee paid by the customer temporarily goes into your Clover account and then Clover will deduct the fees through what they refer to as Metered Billing. This occurs monthly and whatever total convenience fees were added onto the cost of the monthly orders, will be charged to you so that SoHungry can recoup this money via Clover's Metered Billing. We do not support Clover outside of the United States at this point in time.

For restaurants/caterers using PayPal with SoHungry, the convenience fee paid by the customer flows to SoHungry through what PayPal refers as a Parallel Payment. You receive your full amount specified for your menu items and this additional $1.25 convenience fee is added to the grand total and the customer pays this fee. This fee passes over to us at the time the order is submitted and you receive your full amount into your PayPal account and we receive the convenience fee amount into the SoHungry PayPal account. PayPal can be used internationally with SoHungry.

In the case where premium add-on services are offered, upon signing up for these add-on upgrades, you agree to allow Paypal to process your payments on a recurring basis and can cancel any of these upgrades at any time by emailing us at support@sohungry.net. No proration amount will be offered, however you will not be billed again as long as you cancel within 48 hrs of your next billing date. All upgrade options are charged immediately on the first day of signing up and terminate immediately if and when you cancel these add-on services. Any remaining service time at the point of cancellation is forfeighted in terms of functionality or any already-paid costs. We offer partial/prorated refunds for up to 7 days following an upgrade to these upgraded services after which time the full cost paid is forfeited.

PROFIT SHARING / LOYALTY REWARDS

In some cases, based on your plan with us, SoHungry offers profit sharing to businesses such as restaurants and caterers that use our system and upgrade to our premium plan. The profit sharing rate is always subject to change (currently is $0.20 per order) which comes out of the total convenience fee charged to the customer and you keep this portion yourself. Profit sharing is only paid out for orders wherein payment is taken directly in SoHungry and cannot be paid out in any circumstances wherein SoHungry was not used to submit the order and complete payment. We reserve the right to change or alter our profit sharing payouts at any time as well as set minimum or maximum payouts. Profit Sharing is considered an appreciative step that we have taken to help thank you to restaurants/caterers for using our system. We offer a built-in system generated loyalty reward when on our premium plan as well wherein for each order submitted, a portion of the customer convenience fee also remains with you (currently is $0.20 per order) and is always subject to change based on our Plans page. When the order is placed, this portion stays with you until which time the customer can then redeem their reward based on the amount accrued (10 orders x $0.20 per order = $2.00 OFF and able to redeem). Once redeemed, this total comes off the cost of their food order with you. Keep in mind you have already been paid for this and this portion went to you as part of the convenience fees charged to the customer and they are essentially redeeming and getting this discount upon redemption. When on the Premium Plan, currently a $0.60 per order convenience fee is charged to the customer. You would be keeping $0.20 for profit sharing and another $0.20 to go towards a loyalty reward for the customer for a total of $0.40 of the convenience fee staying with you. Even when on our premium plan, you have the ability to turn off/deactivate the loyalty reward which means you are then receiving $0.40 and keeping $0.40 per order and the customer will not be able to redeem their portion if you disable this. When upgrading to the Premium Plan, you are agreeing for SoHungry to automatically turn ON this loyalty reward and turn it back OFF if you downgrade from the Premium Plan.

DATA/CONTENT

SoHungry has the right to purge data in the system periodically as needed in order to recover disk space. We also have the right to terminate or disable your account at any time if we feel it is no longer being utilized or if you fail to properly fulfill your customer orders as they arrive to you or you fail to keep your correct restaurant/caterer location updated on the map to show your proper geographic location.Upon service cancellation, your data will be purged and become inaccessible. SoHungry reserves the right to alter settings and appearance of our system contained within the SoHungry.net domain and our 'Apps'. Screens, look and feel, and functionality may be changed at our discretion and in order to provide continuous enhancements to our systems and to our functionality. We will not ever sell your data... stuff like that just isn't nice. We like food and we like restaurants/caterers so we want to keep you happy! By the way... you need internet connectivity such as through some type of device such as a SmartPhone or Computer (android, iphone, tablet, ipad, PC, laptop) to be able to use our product and check and monitor your orders. We cannot be held responsible for your internet connectivity issues or for any data charges you incur while using our software. We also need to store cookies on your computer so we can remember who you are and prefill information for you as well as making ordering much easier on you! Don't worry, they're encrypted when they are passed from you to us over SSL.

LINKS TO THIRD PARTY SITES

The SoHungry Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of SoHungry and SoHungry is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SoHungry is not responsible for webcasting or any other form of transmission received from any Linked Site. SoHungry is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SoHungry of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the SoHungry Web Site, you warrant to SoHungry that you will not use the SoHungry Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SoHungry Web Site in any manner which could damage, disable, overburden, or impair the SoHungry Web Site or interfere with any other party's use and enjoyment of the SoHungry Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SoHungry Web Sites.

USE OF COMMUNICATION SERVICES

The SoHungry Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

SoHungry has no obligation to monitor the Communication Services. However, SoHungry reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SoHungry reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

SoHungry reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SoHungry's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SoHungry does not control or endorse the content, messages or information found in any Communication Service and, therefore, SoHungry specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SoHungry spokespersons, and their views do not necessarily reflect those of SoHungry.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO SoHungry OR POSTED AT ANY SoHungry WEB SITE

SoHungry does not claim ownership of the materials you provide to SoHungry (including feedback and suggestions) or post, upload, input or submit to any SoHungry Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SoHungry, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. SoHungry is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SoHungry's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SoHungry WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SoHungry AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SoHungry WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SoHungry WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SoHungry AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SoHungry WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SoHungry AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SoHungry AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SoHungry WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SoHungry WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SoHungry WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SoHungry WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SoHungry OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SoHungry WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SoHungry WEB SITE.

SERVICE CONTACT : support@sohungry.net
TERMINATION/ACCESS RESTRICTION

SoHungry reserves the right, in its sole discretion, to terminate your access to the SoHungry Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the SoHungry Web Site. Use of the SoHungry Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SoHungry as a result of this agreement or use of the SoHungry Web Site. SoHungry's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SoHungry's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SoHungry Web Site or information provided to or gathered by SoHungry with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SoHungry with respect to the SoHungry Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SoHungry with respect to the SoHungry Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the SoHungry Web Site are: Copyright 2022 Kuhnsoft, LLC and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

PRIVACY STATEMENT

By using our site, you also agree to our PRIVACY STATEMENT which can be viewed here.

CONTACT INFORMATION

SoHungry welcomes your comments regarding this agreement. If you believe that SoHungry has not adhered to this Statement, please contact SoHungry at info@SoHungry.net. Or, call us at +1 ‪(412) 376-7785‬. We will use commercially reasonable efforts to promptly determine and remedy the problem.