OneCateringOneCatering Terms of Service
Effective Date: May 1, 2026 Last Updated: September 8, 2026
These Terms of Service (the "Terms") are a binding agreement between XKARAT LLC, a Washington limited liability company doing business as "OneCatering" ("OneCatering," "we," "us," or "our"), and the business entity that registers for or uses the Service ("Customer," "you," or "your").
PLEASE READ CAREFULLY. Section 17 (Limitation of Liability) limits our liability to you. Section 19 (Dispute Resolution) requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action. You may opt out of arbitration as described in Section 19.7.
1. Acceptance; Business Use Only
1.1 Acceptance. By clicking "I agree" (or a similar control), executing an Order Form referencing these Terms, creating an account, or accessing or using the Service, you agree to these Terms. If you do not agree, you must not access or use the Service.
1.2 Authority. The individual accepting these Terms represents and warrants that they are at least 18 years old and have full legal authority to bind the Customer entity. If no entity is identified, the accepting individual is personally the Customer.
1.3 Business Use Only. The Service is offered solely for commercial and business purposes to catering, food service, hospitality and event businesses. The Service is not offered to consumers for personal, family or household purposes, and you agree that consumer-protection statutes applicable to consumer transactions do not apply to your use of the Service. You represent that you are using the Service in the course of a trade or business.
1.4 Ineligible Users. You may not use the Service if you are barred from doing so under applicable law, are located in or ordinarily resident in a country or territory subject to comprehensive U.S. sanctions, or appear on any U.S. government restricted-party list.
1.5 Order of Precedence. If you and OneCatering execute a written order form, quote or enterprise agreement ("Order Form"), the following order of precedence applies to any conflict: (a) the Order Form; (b) any Data Processing Addendum; (c) these Terms; (d) the Acceptable Use Policy; (e) any documentation or policy incorporated by reference.
2. Definitions
"Acceptable Use Policy" or "AUP" means the OneCatering Acceptable Use Policy available at https://onecatering.app/acceptable-use, incorporated into these Terms by reference.
"Authorized User" means an individual whom Customer permits to access the Service under Customer's account, including Customer's employees, staff, contractors, drivers, event leads and agents.
"Booking" means an event, order, quote, contract or other engagement between Customer and an End Client that is created, tracked, priced, invoiced or otherwise processed through the Service.
"Customer Data" means all data, text, files, menus, recipes, ingredient and allergen information, pricing, images, contact records, schedules, timekeeping records, messages and other content that Customer or its Authorized Users submit to, or generate through, the Service, including End Client Data and Staff Data.
"End Client" means Customer's customer, client, event host, guest, venue or other third party in respect of whom Customer uses the Service.
"End Client Data" means personal or business information about End Clients that Customer submits to or processes in the Service.
"Output" means content generated by AI Features (defined in Section 9.4) in response to Customer's inputs.
"Service" means the OneCatering software-as-a-service platform, websites, mobile and web applications, APIs, and related documentation and support made available by OneCatering.
"Staff Data" means personal information about Customer's Authorized Users, employees or contractors that Customer submits to or processes in the Service, including schedules, shift records, timekeeping records and contact details.
"Subscription Term" means the initial and each renewal subscription period for a paid plan.
3. The Service; Changes
3.1 Provision of the Service. Subject to these Terms and payment of applicable fees, OneCatering grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the Subscription Term for Customer's internal business purposes.
3.2 Software Tool Only; No Professional Services. The Service is a general-purpose software tool for organizing catering operations. OneCatering is not a caterer, food handler, food safety consultant, employer, staffing agency, accountant, tax preparer, insurance broker, payment processor, escrow agent, or law firm, and provides no professional advice of any kind. Customer is solely responsible for the operation of its business and for all decisions it makes, whether or not informed by the Service.
3.3 Changes to the Service. OneCatering may modify, add to, or discontinue features of the Service at any time. We will use commercially reasonable efforts to give advance notice of any change that, in our reasonable judgment, materially reduces the core functionality of a paid plan. If such a change materially and adversely affects Customer for more than thirty (30) days, Customer's exclusive remedy is to terminate the affected subscription and receive a pro-rata refund of prepaid, unused fees for the remainder of the then-current Subscription Term.
3.4 Beta and Preview Features. Features designated as beta, preview, early access, pilot, experimental or similar ("Beta Features") are provided AS IS, without any warranty, support, service level or confidentiality obligation, may be modified or withdrawn at any time, and are excluded from any commitment in these Terms. Customer's use of Beta Features is entirely at its own risk.
3.5 No Service Level Commitment. Unless a separate written service level agreement signed by OneCatering expressly applies, the Service is provided without any uptime, availability, response time, backup or support commitment. Scheduled and emergency maintenance, third-party outages, and downtime may occur without notice.
4. Accounts and Authorized Users
4.1 Registration. Customer must provide accurate, current and complete registration information and keep it updated.
4.2 Account Security. Customer is responsible for maintaining the confidentiality of all credentials and for all activity occurring under its account, whether or not authorized. Customer must notify OneCatering immediately at constantine@onecatering.app of any suspected unauthorized access. OneCatering is not liable for any loss arising from unauthorized use of Customer's account, including loss caused by Customer's or an Authorized User's failure to safeguard credentials or to enable available security features.
4.3 Authorized Users; Sub-Accounts. Customer may create sub-accounts for Authorized Users subject to the seat limits of its plan. Customer:
(a) is fully responsible for each Authorized User's acts and omissions as if they were Customer's own, including any breach of these Terms or the AUP;
(b) must ensure each Authorized User is bound by terms at least as protective as these Terms;
(c) must promptly deactivate the account of any individual who ceases to be an Authorized User; and
(d) is solely responsible for determining each Authorized User's permission level and for any consequence of granting access to data within Customer's account.
4.4 Credential Sharing. Login credentials are personal to each Authorized User and may not be shared. OneCatering may charge for undisclosed seats and may suspend accounts engaged in credential sharing.
4.5 Communications to Authorized Users and End Clients. The Service may allow Customer to send email, SMS, push or automated messages to Authorized Users and End Clients. Customer is the sender of those messages and is solely responsible for obtaining and maintaining all legally required consents and for compliance with the Telephone Consumer Protection Act, the CAN-SPAM Act, applicable state telemarketing and messaging laws, carrier requirements, and equivalent non-U.S. laws. Customer will not upload contact lists it is not lawfully entitled to message. This obligation survives termination.
5. Fees, Plans and Payment
5.1 Subscription Fees. Customer will pay the subscription fees for its selected plan as displayed at the point of purchase or in the applicable Order Form. Fees are quoted in U.S. dollars unless stated otherwise.
5.2 Booking and Commission Fees. Certain plans or features carry a commission, booking fee, transaction fee or percentage of Booking value ("Booking Fees"), as disclosed at the point of purchase or in Customer's account settings. Booking Fees are earned and payable by Customer upon the triggering event described in the applicable disclosure (for example, upon confirmation of a Booking), and are not refundable if the Booking is later cancelled, reduced, disputed, unpaid or otherwise not performed, except as OneCatering may determine in its sole discretion. Customer authorizes OneCatering to calculate Booking Fees from data in Customer's account and to invoice or charge them accordingly. Customer is solely responsible for collecting amounts owed to it by End Clients; OneCatering has no obligation to collect, guarantee or advance those amounts.
5.3 Free Trials and Free Plans. OneCatering may offer free trials or free plans. Free trials convert automatically to the corresponding paid plan at the end of the trial period unless cancelled before the trial ends, and Customer's payment method will be charged at that time. Free trials and free plans are provided AS IS, with no warranty, support or service commitment, and OneCatering may modify, limit, suspend or terminate them at any time, with or without notice, including by deleting associated data. OneCatering may determine trial eligibility and may refuse trials to Customers who have previously trialed the Service.
5.4 Automatic Renewal. Paid subscriptions renew automatically for successive periods equal to the then-expiring Subscription Term, at the then-current rates, unless Customer cancels within the applicable window in Section 5.5. Customer authorizes OneCatering and its payment processors to store Customer's payment method and to charge it on each renewal until cancellation takes effect. For annual and Enterprise plans, OneCatering will endeavor to send a renewal reminder to the account email address before the cancellation deadline; failure to send or receive a reminder does not extend the deadline, prevent renewal, or entitle Customer to any refund.
5.5 Cancellation and Refunds. Cancellation is effective at the end of the then-current paid period. Access continues until that date. All fees are non-refundable.
(a) Monthly plans. Customer may cancel at any time through the account settings. The Service remains active until the end of the current paid billing period. No further subscription charges will apply after cancellation takes effect, and no prorated or partial refunds will be issued for the remainder of the billing period.
(b) Annual and custom Enterprise subscriptions. All payments are non-refundable. To prevent automatic renewal, Customer must cancel at least thirty (30) days before the renewal date, through the account settings or by written notice to constantine@onecatering.app. A cancellation submitted fewer than thirty (30) days before the renewal date takes effect at the end of the following Subscription Term, and the renewal charge for that term is due and non-refundable. Access continues through the end of the paid subscription term.
(c) No refund on termination for cause. Termination or suspension of Customer's account for breach of these Terms or the AUP does not entitle Customer to any refund or credit.
(d) Downgrades. Downgrading a plan mid-term does not generate a refund or credit; the reduced rate applies from the next renewal.
5.6 Price Changes. OneCatering may change fees effective at the start of a renewal Subscription Term upon at least thirty (30) days' notice to Customer (email to the account address is sufficient). Continued use after the change takes effect constitutes acceptance. Customer's remedy for a price increase it does not accept is to cancel before renewal.
5.7 Payment Method; Authorization. Customer authorizes OneCatering and its payment processors to charge Customer's designated payment method for all fees, including subscription fees, Booking Fees, overages, applicable taxes and any amounts due on renewal. Customer must keep payment information current.
5.8 Non-Payment; Late Amounts. Amounts not paid when due accrue interest at the lesser of 1.5% per month or the maximum permitted by law, from the due date until paid. Customer will reimburse OneCatering's reasonable costs of collection, including attorneys' fees. OneCatering may suspend or downgrade the Service, disable access, or withhold data exports if any amount is more than ten (10) days past due, without liability.
5.9 No Refunds. Except as expressly stated in Sections 3.3, 14.3(d) and 16.3, or where required by non-waivable law, all fees are non-refundable and are not subject to set-off, credit or proration, including where Customer stops using the Service, downgrades, is suspended or terminated for cause, or where Bookings are cancelled. Section 5.5 governs cancellation and refunds for subscriptions.
5.10 Chargebacks. Initiating a chargeback or payment dispute for amounts properly owed is a material breach. OneCatering may suspend the account, charge a reasonable administrative fee for each chargeback, and recover the disputed amounts and costs.
5.11 Taxes. Fees exclude all taxes. Customer is responsible for all sales, use, VAT, GST, gross receipts, excise and similar taxes, excluding taxes on OneCatering's net income. If OneCatering is required to collect such taxes, they will be added to Customer's invoice. Customer will provide valid exemption documentation where applicable.
6. Payments Between Customer and End Clients
6.1 Third-Party Processors. Where the Service supports collection of payments from End Clients, that processing is performed by independent third-party payment processors under a separate agreement between Customer and the processor. Customer is responsible for reading, accepting and complying with the processor's terms, onboarding, verification and underwriting requirements.
6.2 OneCatering Is Not a Financial Institution. OneCatering is not a bank, money transmitter, money services business, payment processor, escrow agent, lender or fiduciary, and does not hold, guarantee, insure or take custody of Customer or End Client funds. OneCatering is not a party to, and has no responsibility for, any Booking, contract, transaction, deposit, cancellation policy, refund, dispute or payment between Customer and any End Client, venue, staffing provider or supplier.
6.3 Processor Risk. OneCatering is not liable for any act or omission of a payment processor, including declined, delayed, reversed, held, frozen or misdirected payments, account holds or reserves, processor fees, chargebacks, fraud losses, or the processor's suspension or termination of Customer's account.
6.4 Card and Financial Data. Customer must not store or transmit full payment card numbers, CVV codes or bank credentials in free-text fields, notes, attachments or any part of the Service not expressly designated for that purpose. Customer bears sole responsibility for any PCI DSS obligations arising from its own handling of cardholder data.
7. Customer Data
7.1 Ownership. As between the parties, Customer owns all right, title and interest in Customer Data. OneCatering claims no ownership of Customer Data.
7.2 License to OneCatering. Customer grants OneCatering a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, adapt, process and otherwise use Customer Data solely to (a) provide, secure, maintain, troubleshoot and improve the Service; (b) prevent or address technical, security, fraud or abuse issues; (c) comply with law; and (d) create Aggregated Data as described in Section 7.6. This license is sublicensable only to OneCatering's subprocessors performing those functions.
7.3 Customer Responsibility for Customer Data. Customer is solely responsible for Customer Data, including its accuracy, quality, legality, completeness, currency, and the means by which it was acquired. OneCatering does not verify, validate, audit or review Customer Data and has no obligation to do so.
7.4 Required Rights and Consents. Customer represents and warrants that it has, and will maintain, all rights, licenses, permissions, notices and consents necessary for OneCatering and its subprocessors to process Customer Data (including End Client Data and Staff Data) as contemplated by these Terms, and that such processing will not violate any law, contract or third-party right. Customer is the controller (or business) with respect to End Client Data and Staff Data; OneCatering acts as processor (or service provider) on Customer's documented instructions. Where applicable, the Data Processing Addendum at https://onecatering.app/dpa governs.
7.5 Sensitive and Regulated Data. Customer must not submit to the Service, and OneCatering does not accept: government identification numbers; full payment card or financial account numbers (except through a designated payment integration); protected health information subject to HIPAA; biometric identifiers; information about individuals known to be under 16; or any data subject to specialized regulatory regimes (including ITAR/EAR-controlled data), unless OneCatering has agreed in writing in advance. If Customer submits such data in breach of this Section, Customer does so entirely at its own risk, and OneCatering has no liability of any kind arising from that data.
Dietary, allergen and health-adjacent information. Customer acknowledges that information about an individual's allergies, intolerances, dietary restrictions, medical dietary needs or similar attributes may constitute regulated "consumer health data," "sensitive personal information" or "special category data" under laws including the Washington My Health My Data Act, the California Consumer Privacy Act and the GDPR. Customer is solely responsible for determining whether such laws apply to it, for obtaining any required consent or authorization from the individual before entering that information into the Service, and for its own separate legal obligations with respect to that data.
7.6 Aggregated and De-Identified Data. OneCatering may generate and use data that is aggregated and/or de-identified so that it does not identify Customer, any Authorized User or any End Client ("Aggregated Data"), including for security, analytics, benchmarking, product development and publication of industry statistics. OneCatering owns all Aggregated Data. OneCatering will not disclose Aggregated Data in a manner that identifies Customer or any individual, and will not attempt to re-identify it.
7.7 Backups and Data Loss. OneCatering performs routine backups for its own operational purposes but does not guarantee that any Customer Data can be recovered. Customer is responsible for maintaining its own independent backups and copies of Customer Data. Customer should regularly export critical records (menus, allergen information, invoices, timekeeping records and contracts) and retain them outside the Service. OneCatering will have no liability for the loss, corruption, deletion or unavailability of Customer Data.
7.8 Retention Obligations. Customer is solely responsible for identifying and satisfying any legal record-retention obligations applicable to it (including payroll, timekeeping, tax and food safety records) and must not rely on the Service as a system of record for that purpose.
8. Acceptable Use
8.1 AUP. Customer and its Authorized Users must comply with the Acceptable Use Policy, which is incorporated into these Terms. OneCatering may update the AUP from time to time; the current version applies.
8.2 Restrictions. Customer will not, and will not permit any Authorized User or third party to: (a) reverse engineer, decompile or disassemble the Service or attempt to derive its source code; (b) copy, modify, or create derivative works of the Service; (c) rent, lease, resell, sublicense, time-share or provide the Service as a service bureau to third parties, except as expressly permitted; (d) use the Service to build or train a competing product or machine-learning model; (e) scrape, crawl, or use bots or automated means to access the Service other than through documented APIs within published rate limits; (f) circumvent usage limits, seat limits, access controls or metering; (g) probe, scan or test the vulnerability of the Service, or breach or circumvent any security or authentication measure, except under a written authorization from OneCatering; (h) upload malicious code or interfere with the integrity or performance of the Service; (i) use the Service in violation of any law; or (j) misrepresent affiliation with OneCatering.
8.3 Monitoring and Enforcement. OneCatering has no obligation to monitor Customer Data or use of the Service but may do so, and may remove or disable content or access that it reasonably believes violates these Terms, the AUP or applicable law, or that poses a risk to the Service or others.
9. Feature-Specific Terms and Critical Disclaimers
Customer acknowledges and agrees to each of the following. These disclaimers are a material inducement to OneCatering's provision of the Service at the stated fees, and the fees would be materially higher absent them.
9.1 Menus, Recipes, Ingredients, Allergens and Food Safety
(a) The Service is an organizational tool, not a food safety system. Any field, tag, label, flag, icon, template, checklist, temperature log, HACCP-style form or generated document relating to ingredients, allergens, nutrition, dietary restrictions, sanitation, temperature control, holding times or food handling is a convenience for recording information Customer supplies and is not a determination, certification, verification or assurance of anything.
(b) Customer is solely responsible for food safety and allergen accuracy. This includes the accuracy and completeness of ingredient and allergen information, cross-contact and cross-contamination controls, sourcing and supplier verification, recipe changes, substitutions, storage, transport, temperature control, labeling, staff food-handler certification, and compliance with the U.S. Food and Drug Administration Food Code, the Food Allergen Labeling and Consumer Protection Act, the FASTER Act, state and local health codes, permits, inspections, and all equivalent non-U.S. requirements.
(c) No verification. OneCatering does not review, verify, test, inspect or validate any ingredient, allergen, nutritional or food safety information in the Service, and does not maintain, curate or warrant the completeness or currency of any allergen list, ingredient database or nutritional reference, including any third-party database surfaced through the Service.
(d) Customer must independently verify before serving. Customer must independently confirm all allergen and dietary information directly with its suppliers, its kitchen staff and the affected individual before communicating it to, or serving food to, any person. Customer must not treat the Service as the final or authoritative source for any allergen, dietary or food safety decision.
(e) Assumption of risk. Customer assumes all risk of illness, allergic reaction, anaphylaxis, injury, death, product recall, spoilage, contamination, regulatory action, closure, license suspension and reputational harm arising from or relating to food it plans, prepares, labels, transports or serves, whether or not the Service was used in connection with it. To the maximum extent permitted by law, OneCatering disclaims all liability for such matters.
9.2 Quotes, Pricing, Invoicing, Tax and Financial Calculations
(a) Any quote, proposal, estimate, cost, margin, pricing suggestion, invoice, statement, tax amount, tip or gratuity calculation, service charge, report or financial figure produced by the Service is an arithmetic convenience based on inputs and settings that Customer controls.
(b) OneCatering does not provide tax, accounting, bookkeeping, legal or financial advice, and does not act as a tax preparer, tax advisor or agent. The Service does not determine the taxability of any transaction, the correct tax rate, jurisdiction, nexus, exemption, or the correct treatment of service charges, gratuities, delivery fees or tips under wage, tax or consumer-protection law.
(c) Customer is solely responsible for configuring tax rates and rules; for verifying every quote, invoice and tax figure before it is issued to an End Client or relied upon; for the legality and enforceability of its own contracts, cancellation and deposit policies, and fee disclosures (including junk-fee, service-charge and gratuity disclosure requirements); and for filing and paying all of its own taxes.
(d) OneCatering is not liable for any underpricing, overpricing, miscalculation, misapplied tax rate, missed invoice, failed reminder, currency or rounding error, lost revenue, penalty, interest, assessment, audit cost or dispute arising from Customer's use of these features, however caused.
9.3 Staff Scheduling, Timekeeping and Labor Features
(a) Scheduling, shift, availability, timekeeping, break-tracking, tip-pooling and labor-cost features are record-keeping and coordination tools only.
(b) OneCatering is not an employer, joint employer, co-employer, staffing agency, professional employer organization, payroll provider or labor law advisor with respect to any Authorized User, employee or contractor of Customer. Customer is the sole employer of its personnel and retains exclusive control over hiring, classification, supervision, discipline, scheduling decisions, pay and termination.
(c) Customer is solely responsible for compliance with the Fair Labor Standards Act; state and local wage-and-hour, minimum wage, overtime, meal and rest break, reporting-time, split-shift, tip-credit and tip-pooling laws; predictive scheduling / fair workweek ordinances (including those of Seattle, Washington); paid sick and safe leave laws; worker classification; recordkeeping and pay-statement requirements; child labor rules; collective bargaining agreements; and all equivalent non-U.S. requirements.
(d) Any labor-related setting, warning, alert, calculation or absence of a warning in the Service is not legal advice and is not a compliance determination. Customer must independently verify all schedules, hours, breaks, premiums and pay calculations. OneCatering is not liable for any wage claim, class or representative action, back pay, liquidated or statutory damages, penalty, tax, audit, grievance or agency proceeding arising from Customer's employment practices or its use of these features.
9.4 AI Features
(a) Description. The Service may include features powered by artificial intelligence, machine learning or large language models, including generated menus, item and event descriptions, proposals, emails, pricing or staffing suggestions, summaries, translations, classifications and chat assistance ("AI Features"). AI Features may be operated by OneCatering or by third-party model providers.
(b) Nature of Output. AI Features are probabilistic, not deterministic. Output may be inaccurate, incomplete, outdated, biased, offensive, misleading, non-compliant or entirely fabricated, including with respect to ingredients, allergens, nutrition, prices, tax, labor rules, legal requirements and factual claims. Identical or similar Output may be generated for other customers, and OneCatering makes no representation that Output is unique or that it does not infringe any third-party right.
(c) Human Review Required. Customer must independently review, verify and approve all Output before relying on it, publishing it, sending it to any End Client, or using it in any food preparation, allergen, pricing, tax, employment or contractual context. Customer must not use Output as the sole basis for any decision affecting health, safety, allergens, employment, legal compliance or financial obligations.
(d) Customer Responsibility for Output. As between the parties and to the extent permitted by law, Output generated from Customer's inputs is treated as Customer Data. Customer is solely responsible for its inputs and for any use, publication or distribution of Output, and for ensuring its inputs do not include third-party confidential information or personal data Customer lacks the right to submit.
(e) Third-Party Model Providers. Inputs and Output may be transmitted to and processed by third-party model providers subject to their own terms and policies. Current providers and subprocessors are listed at https://onecatering.app/subprocessors.
(f) Model Training. OneCatering will not use identifiable Customer Data to train publicly available foundation models except with Customer's prior written consent. OneCatering may use Aggregated Data, telemetry and abuse-signal data to operate, secure and improve the Service. OneCatering does not use Google Workspace API data (including Gmail and Google Calendar data obtained through a connected Google account) to develop, improve or train generalized or non-personalized artificial intelligence or machine-learning models, and does not use QuickBooks data for that purpose.
(g) No Warranty. AI Features are provided AS IS. OneCatering disclaims all liability arising from Output or from Customer's reliance on it, to the maximum extent permitted by law.
9.5 Documents, Contracts and Signatures
Templates, contracts, proposals, waivers, event agreements, policies and similar documents available through the Service are samples for convenience only, are not legal advice, and have not been reviewed for Customer's jurisdiction or circumstances. Customer must have its own counsel review any document before use. If the Service supports electronic signature, Customer is solely responsible for the validity, enforceability, execution, retention and evidentiary sufficiency of any electronically signed document, and for compliance with the ESIGN Act, UETA and equivalent laws.
10. Third-Party Services and Integrations
10.1 The Service may interoperate with third-party products, services, APIs, marketplaces, calendars, accounting systems, payment processors, messaging providers, mapping and delivery services and model providers ("Third-Party Services"). Third-Party Services are provided by their respective providers, not by OneCatering.
10.2 Customer's use of a Third-Party Service is governed by that provider's terms and privacy policy. By enabling an integration, Customer authorizes OneCatering to exchange Customer Data with that Third-Party Service as necessary for the integration.
10.3 OneCatering does not endorse, control, warrant or assume responsibility for any Third-Party Service, and is not liable for any Third-Party Service's availability, accuracy, security, data handling, fees, changes, deprecation, or termination, or for any loss arising from Customer's use of one. A Third-Party Service's discontinuation of access does not entitle Customer to any refund or excuse Customer's payment obligations.
10.4 Connected Accounts and OAuth Authorization. Certain integrations require Customer or an Authorized User to connect a third-party account through that provider's authorization flow (for example, Google OAuth or Intuit OAuth). By connecting an account, Customer:
(a) represents that it is authorized to connect that account and to permit OneCatering to access, read, write, modify and delete data in it within the scopes granted;
(b) authorizes OneCatering to access and exchange data in that account, on Customer's behalf, solely to provide the connected features;
(c) acknowledges that the scopes granted determine what OneCatering can access, and that Customer alone chooses which scopes to grant;
(d) may revoke access at any time from the Service's integration settings or directly in the third-party account, and understands that revocation will disable the connected features; and
(e) remains responsible for the content of anything sent, created, modified or deleted through the integration, including emails sent from a connected mailbox and records written to a connected accounting system.
10.5 Google Integrations. Where Customer connects a Google account to enable Gmail or Google Calendar functionality, OneCatering's use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements. Details of what OneCatering accesses, how it is used, and how to disconnect and request deletion are set out in the Privacy Policy at https://onecatering.app/privacy. Emails sent through a connected Google account are sent by Customer, from Customer's own mailbox; OneCatering is not the sender, does not review message content, and Section 4.5 (consent and messaging law compliance) applies in full.
10.6 Accounting Integrations. Where Customer connects an accounting system such as Intuit QuickBooks Online, the integration exchanges records between two systems that Customer controls. OneCatering does not verify, reconcile or audit accounting or tax data in either system, and is not liable for sync failures, duplicate or missing records, overwritten entries, misapplied tax codes or accounts, timing differences, or any resulting accounting, tax, audit or financial consequence. Section 9.2 applies in full. Customer must reconcile its own books and must not rely on the Service as its system of record.
10.7 Changes by Providers. Third-Party Services may change, restrict, deprecate, re-scope or revoke API access at any time, including as a result of the provider's own security review, verification or certification requirements. OneCatering is not liable for any loss of functionality arising from such a change, and such a change does not entitle Customer to any refund.
11. Intellectual Property; Feedback
11.1 OneCatering IP. OneCatering and its licensors own all right, title and interest in and to the Service, including all software, models, templates, designs, user interfaces, documentation, trademarks, trade dress and all improvements and derivative works, and all intellectual property rights therein. Except for the limited rights expressly granted in Section 3.1, no rights are granted to Customer, whether by implication, estoppel or otherwise.
11.2 Trademarks. "OneCatering" and associated logos are trademarks of OneCatering. Customer may not use them without prior written permission, except to accurately identify its use of the Service.
11.3 Feedback. If Customer or an Authorized User provides suggestions, ideas, feature requests, bug reports or other feedback ("Feedback"), Customer grants OneCatering a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable and transferable license to use, modify and commercialize the Feedback for any purpose, with no obligation, attribution or compensation to Customer.
11.4 Copyright Complaints. OneCatering responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Notices should be sent to the designated agent at Constantine Karatanas, XKARAT LLC, 1701 NW 56th St, Seattle, WA 98107, constantine@onecatering.app. OneCatering may terminate accounts of repeat infringers.
12. Confidentiality
12.1 Each party ("Receiving Party") will protect the other party's ("Disclosing Party") non-public information disclosed in connection with the Service and that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information") using at least reasonable care, will not disclose it except to personnel and advisors with a need to know who are bound by confidentiality obligations, and will use it only to perform under these Terms.
12.2 Confidential Information excludes information that is or becomes public without breach, was rightfully known without confidentiality obligation, is rightfully received from a third party, or is independently developed.
12.3 A Receiving Party may disclose Confidential Information as required by law or legal process, provided it gives (where legally permitted) reasonable advance notice to the Disclosing Party.
12.4 Customer Data is Customer's Confidential Information. The Service, pricing, non-public documentation, roadmaps and Beta Features are OneCatering's Confidential Information.
13. Privacy and Security
13.1 Privacy Policy. OneCatering's handling of personal information is described in the Privacy Policy at https://onecatering.app/privacy.
13.2 Data Processing Addendum. Where OneCatering processes personal data on Customer's behalf and data protection law requires it, the Data Processing Addendum at https://onecatering.app/dpa applies and is incorporated by reference.
13.3 Security. OneCatering maintains administrative, technical and physical safeguards designed to protect Customer Data, as described at https://onecatering.app/security. No system is completely secure, and OneCatering does not warrant that the Service will be free from unauthorized access, loss or compromise.
13.4 Customer Security Obligations. Customer is responsible for configuring the Service securely, enabling available security features (including multi-factor authentication), managing Authorized User access and permissions, promptly revoking access, and securing its own devices, networks and endpoints.
14. Term, Suspension and Termination
14.1 Term. These Terms begin when Customer first accepts them or accesses the Service and continue until all subscriptions have expired or been terminated.
14.2 Termination by Customer. Customer may terminate at any time by cancelling all subscriptions and ceasing use. Section 5.5 (no refund) applies.
14.3 Termination by OneCatering. OneCatering may terminate these Terms or any subscription: (a) for Customer's material breach that remains uncured ten (10) days after notice; (b) immediately, for breach of Section 8 (Acceptable Use), Section 5 (non-payment beyond thirty (30) days), or a breach that OneCatering reasonably believes creates legal risk or risk to the Service or others; (c) upon Customer's insolvency, assignment for the benefit of creditors, or bankruptcy; or (d) for convenience upon thirty (30) days' notice, in which case OneCatering will refund prepaid, unused fees for the remainder of the then-current Subscription Term as Customer's sole remedy.
14.4 Suspension. OneCatering may suspend or throttle access, in whole or in part, immediately and without liability, if it reasonably believes: (a) there is a threat to the security, integrity or availability of the Service; (b) Customer's use violates these Terms, the AUP or law, or creates liability for OneCatering or a third party; (c) amounts are past due; or (d) suspension is required by law or a governmental authority. OneCatering will endeavor to give notice and to limit the scope and duration of any suspension. Suspension does not relieve Customer of payment obligations, and no refund or credit is due for periods of suspension caused by Customer.
14.5 Effect of Termination. On termination: (a) all licenses and access rights end immediately; (b) all unpaid fees accrued through the effective date become immediately due; and (c) each party will return or destroy the other's Confidential Information on request, subject to routine backup retention and legal requirements.
14.6 Data Export and Deletion. Customer is responsible for exporting Customer Data before termination. For thirty (30) days after termination (except termination for Customer's material breach or non-payment, or where prohibited by law), OneCatering will, on written request, make available a standard export of Customer Data using then-available export functionality. After that period, OneCatering may permanently delete all Customer Data, and OneCatering has no obligation or liability with respect to deleted data. OneCatering may retain Customer Data as required by law, and may retain Aggregated Data indefinitely.
14.7 Survival. Sections 1.3, 4.5, 5 (accrued amounts), 6, 7.3–7.8, 9, 11, 12, 14.5–14.7, 15, 16, 17, 18, 19, 20 and 21 survive termination.
15. Disclaimer of Warranties
15.1 THE SERVICE, INCLUDING ALL CONTENT, OUTPUT, TEMPLATES, CALCULATIONS, INTEGRATIONS AND BETA FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
15.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONECATERING AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
15.3 ONECATERING DOES NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS; (b) ANY DATA, CALCULATION, ALLERGEN OR INGREDIENT INFORMATION, TAX AMOUNT, SCHEDULE, LABOR CALCULATION OR OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT OR RELIABLE; (c) ANY DEFECT WILL BE CORRECTED; (d) CUSTOMER DATA WILL NOT BE LOST OR CORRUPTED; OR (e) THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT, INCLUDING COMPLIANCE WITH ANY LAW.
15.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ONECATERING OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15.5 Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the maximum extent permitted, and any implied warranty that cannot be excluded is limited in duration to thirty (30) days from first delivery.
16. Indemnification
16.1 By Customer. Customer will defend, indemnify and hold harmless OneCatering and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers (the "Indemnified Parties"), from and against any and all third-party claims, demands, actions, investigations and proceedings, and all resulting damages, losses, liabilities, settlements, fines, penalties, judgments, costs and expenses (including reasonable attorneys' fees), arising out of or relating to:
(a) Customer Data, including its accuracy, legality, and OneCatering's authorized processing of it;
(b) any food, beverage or service planned, prepared, labeled, stored, transported or served by Customer, including any illness, allergic reaction, injury, death, contamination, recall or health code violation;
(c) any employment, labor, wage-and-hour, scheduling, classification, benefits, discrimination, harassment or workplace safety claim by or relating to any Authorized User, employee or contractor of Customer;
(d) any tax, invoicing, fee-disclosure, deposit, cancellation, refund, contract or payment dispute between Customer and any End Client, venue, supplier, staffing provider or tax authority;
(e) Customer's or any Authorized User's breach of these Terms, the AUP or any representation or warranty in them;
(f) Customer's violation of any law or third-party right, including privacy, publicity, messaging/TCPA, intellectual property and data protection rights;
(g) Customer's use of, reliance on, or distribution of Output from AI Features; and
(h) any dispute between Customer and an Authorized User or End Client.
16.2 Procedure. OneCatering will give Customer notice of the claim (any delay excuses Customer only to the extent it is materially prejudiced), and reasonable cooperation at Customer's expense. OneCatering may participate with counsel of its own choosing at its own expense, and Customer may not settle any claim in a manner that imposes any obligation, admission or liability on an Indemnified Party without its prior written consent.
16.3 By OneCatering. OneCatering will defend Customer against a third-party claim alleging that Customer's authorized use of the Service (excluding Customer Data, Output, Beta Features, Third-Party Services, and any use in combination with items not supplied by OneCatering, or any modified or unauthorized use) directly infringes that third party's U.S. patent, copyright or trademark, and will pay damages finally awarded or amounts in a settlement OneCatering approves. If the Service becomes, or OneCatering believes it may become, the subject of such a claim, OneCatering may, at its option: procure the right to continue use; modify or replace the allegedly infringing portion; or terminate the affected subscription and refund prepaid, unused fees. This Section 16.3 states OneCatering's entire liability and Customer's exclusive remedy for any infringement claim, and is subject to the limitations in Section 17.
17. Limitation of Liability
17.1 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONECATERING OR ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BOOKINGS, BUSINESS, GOODWILL, REPUTATION, CONTRACTS, ANTICIPATED SAVINGS, OR FOR ANY LOSS, CORRUPTION OR UNAVAILABILITY OF DATA, COST OF SUBSTITUTE SERVICES, BUSINESS INTERRUPTION, REGULATORY FINE OR PENALTY, OR PERSONAL INJURY, ILLNESS OR DEATH ARISING FROM FOOD OR BEVERAGE PREPARED OR SERVED BY CUSTOMER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), EVEN IF ONECATERING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ONECATERING AND ITS AFFILIATES, LICENSORS AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER TO ONECATERING FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS (US$100).
17.3 Free Access. FOR FREE TRIALS, FREE PLANS AND BETA FEATURES, ONECATERING'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED FIFTY U.S. DOLLARS (US$50).
17.4 Single Cap. The cap in Section 17.2 is aggregate and cumulative, not per incident or per claim. Multiple claims do not enlarge it.
17.5 Failure of Essential Purpose. THE LIMITATIONS IN THIS SECTION 17 APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17.6 Limitations Period. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED, to the maximum extent permitted by law.
17.7 Allocation of Risk. Customer acknowledges that the fees reflect the allocation of risk in these Terms, that OneCatering would not provide the Service on these economic terms without these limitations, and that these limitations are an essential basis of the bargain.
17.8 Exclusions. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or death or personal injury caused by a party's own gross negligence. Nothing limits Customer's payment obligations or Customer's indemnification obligations under Section 16.
18. Insurance
Customer will, at its own expense, maintain commercially reasonable insurance appropriate to its business, including commercial general liability (with products/completed operations coverage adequate for food service), workers' compensation as required by law, employment practices liability where available, and, where appropriate, cyber liability coverage. Customer's insurance is primary with respect to claims described in Section 16.1. On request, Customer will provide certificates of insurance. Customer's insurance obligations are independent of, and do not limit, its indemnification obligations.
19. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
19.1 Informal Resolution First. Before initiating arbitration, the party with a dispute must send a written notice describing the dispute and the relief sought to the other party (constantine@onecatering.app and 1701 NW 56th St, Seattle, WA 98107 for OneCatering; the account email and address on file for Customer). The parties will negotiate in good faith for thirty (30) days. This is a condition precedent to arbitration, and the limitations period is tolled during it.
19.2 Agreement to Arbitrate. Except as provided in Section 19.5, any dispute, claim or controversy arising out of or relating to these Terms, the Service, or the relationship between the parties — including its formation, interpretation, breach, termination, validity or enforceability, and including claims arising before the effective date of these Terms — will be resolved exclusively by final and binding individual arbitration, and not in court.
19.3 Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator. If the AAA is unavailable or unwilling to administer the arbitration consistently with this Section, the parties will agree on a substitute administrator, or, failing agreement, a court of competent jurisdiction will appoint one. The seat and location of arbitration is King County, Washington, provided that the arbitrator may permit remote or documents-only proceedings. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 19.
19.4 Authority of Arbitrator. The arbitrator has exclusive authority to resolve all threshold and merits issues, including arbitrability, scope, enforceability and unconscionability, except that a court of competent jurisdiction has exclusive authority to decide the enforceability of the Class Action Waiver in Section 19.6. The arbitrator may award only individual relief and only remedies available in an individual action under these Terms, and is bound by the limitations in Sections 15, 16 and 17. The award is final and binding, and judgment may be entered in any court of competent jurisdiction.
19.5 Carve-Outs. Either party may: (a) bring an individual action in small claims court in King County, Washington, if it qualifies; and (b) seek temporary or preliminary injunctive or other equitable relief in the state or federal courts located in King County, Washington, to prevent actual or threatened infringement, misappropriation or violation of intellectual property rights or breach of confidentiality obligations, without waiving this Section 19. Actions to collect undisputed amounts owed may also be brought in those courts.
19.6 Class Action and Jury Trial Waiver. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. ALL CLAIMS MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PARTY AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If this Section 19.6 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and litigated in the courts identified in Section 20, and the remaining claims will proceed in arbitration; if Section 19.6 is found unenforceable in its entirety, then Section 19.2 is void in its entirety and all disputes proceed in those courts.
19.7 Right to Opt Out. Customer may opt out of this Section 19 (other than the jury trial waiver in Section 19.6, which survives) by sending written notice to constantine@onecatering.app with the subject line "Arbitration Opt-Out," stating Customer's legal name, account email and an unambiguous statement of intent to opt out, within thirty (30) days after first accepting these Terms. Opting out does not affect any other provision of these Terms.
19.8 Costs and Fees. Filing, administrative and arbitrator fees are allocated under the administrator's rules. Each party bears its own attorneys' fees except where a statute or these Terms provide otherwise, or where the arbitrator determines a claim or defense was frivolous or brought for an improper purpose.
19.9 Confidentiality of Proceedings. The parties will keep the existence, content and result of any arbitration confidential, except as necessary to enforce an award or as required by law.
19.10 Survival. This Section 19 survives termination of these Terms and cessation of Customer's use of the Service.
20. Governing Law and Venue
These Terms and any dispute arising out of them are governed by the laws of the State of Washington, U.S.A., without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Subject to Section 19, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington, and waive any objection based on inconvenient forum or lack of personal jurisdiction.
21. General
21.1 Changes to These Terms. OneCatering may modify these Terms. For material changes, OneCatering will provide at least thirty (30) days' notice by email to the account address or by in-Service notice, and the changes take effect at the start of the next Subscription Term or on the stated effective date, whichever is later. Continued use of the Service after the effective date constitutes acceptance. If Customer does not accept a material change, its exclusive remedy is to terminate before the change takes effect. Non-material changes (including clarifications and changes required by law) take effect on posting.
21.2 Notices. Notices to Customer may be sent to the email address on the account or posted in the Service and are effective on sending or posting. Notices to OneCatering must be sent to constantine@onecatering.app and, for notices under Sections 16 and 19, also by mail to 1701 NW 56th St, Seattle, WA 98107. Customer is responsible for keeping its contact information current.
21.3 Assignment. Customer may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without OneCatering's prior written consent; any attempted assignment without consent is void. OneCatering may assign these Terms freely, including in connection with a merger, acquisition, reorganization or sale of assets. These Terms bind and benefit the parties' permitted successors and assigns.
21.4 Force Majeure. Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, utility, internet, hosting or telecommunications failures, cyberattacks and third-party service failures.
21.5 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment or fiduciary relationship.
21.6 No Third-Party Beneficiaries. Except for the Indemnified Parties under Section 16 and OneCatering's affiliates, licensors and suppliers under Sections 15 and 17, there are no third-party beneficiaries to these Terms. End Clients and Authorized Users are not third-party beneficiaries and acquire no rights under these Terms.
21.7 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed, and the remaining provisions will remain in full force. The parties intend the disclaimers and limitations in Sections 9, 15, 16 and 17 to be given the maximum effect permitted by law.
21.8 Waiver. No failure or delay in exercising a right waives it. Any waiver must be in writing and signed by the waiving party.
21.9 Entire Agreement. These Terms, together with the AUP, Privacy Policy, any DPA and any Order Form, constitute the entire agreement between the parties regarding the Service, and supersede all prior or contemporaneous proposals, representations, marketing statements and understandings. Customer has not relied on any statement, representation or promise not expressly set out in these Terms. Any additional or conflicting terms in Customer's purchase order or vendor form are void and of no effect.
21.10 Export and Sanctions Compliance. Customer will comply with all applicable export control and economic sanctions laws, and represents that it is not, and is not owned or controlled by, a restricted party.
21.11 U.S. Government Users. The Service is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202. Government users acquire only the rights in these Terms.
21.12 Publicity. OneCatering may identify Customer as a customer and use Customer's name and logo in customer lists and on its website, unless Customer opts out by written notice to constantine@onecatering.app.
21.13 Electronic Contracting. Customer consents to transact electronically and agrees that electronic acceptances, records and signatures satisfy any requirement that an agreement be in writing and signed.
21.14 Interpretation. "Including" means "including without limitation." Headings are for convenience only. These Terms will not be construed against the drafter.
21.15 Language. These Terms are made in the English language, which controls over any translation.
22. OneCatering SMS Program
The OneCatering SMS program is operated by XKARAT LLC d/b/a OneCatering. Users may separately opt in to informational messages about demos, trials, accounts, onboarding, and customer support, and to marketing messages about product updates, offers, and event invitations.
Message frequency varies; the combined total is up to 6 messages per month. Message and data rates may apply. Consent is optional and is not a condition of purchase or use of OneCatering.
Reply STOP to opt out at any time. Reply HELP for help, email constantine@onecatering.app, or call +1-949-593-5564.
After receiving STOP, OneCatering may send one confirmation that the recipient has been unsubscribed. Carriers are not liable for delayed or undelivered messages.
Privacy Policy: https://onecatering.app/privacy Messaging preferences: https://onecatering.app/sms-consent
23. Contact
XKARAT LLC d/b/a OneCatering 1701 NW 56th St, Seattle, WA 98107 General: constantine@onecatering.app Legal notices: constantine@onecatering.app Security: constantine@onecatering.app