TERMS AND CONDITIONS

CloudBrands, Inc. (”PizzaBox,” “PizzaBox AI,” “we,” “us,” or “our”) provides these Terms and Conditions (“Terms”) as they relate to the products and services offered by us. PizzaBox AI is a subscription management and billing platform designed for pizzerias and restaurants, enabling them to offer pizza subscriptions and upsell opportunities to their customers. By using the PizzaBox AI platform (“Platform”) and services (“Services”), you agree to be bound by these Terms.

These Terms apply to all users of the Platform, including pizzeria owners (“Restaurant”), individuals subscribing to pizza plans (“Customer”), and any other stakeholders interacting with the Platform. By accessing or using our Services, you agree to these Terms and our term and condition. If you do not agree, please do not use the Platform.

1. Platform and Services Description

PizzaBox AI provides a comprehensive subscription management service for pizzerias. Through the Platform, Restaurants can offer pizza subscriptions directly to their customers, managing orders, payment processing, and upsells through an integrated redemption storefront.

Subscription Model

Restaurants using PizzaBox can offer a variety of pizza subscription plans to their customers. These plans may include:

Prepayment for a set number of pizzas over a defined period (e.g., weekly pizza for a year).
Custom subscription offers set by the restaurant, such as monthly, bi-annual, or annual plans.
Flexible options, including models such as fundraising subscriptions, surprise box offerings, or frozen pizza delivery.

Fees and Payment

1. Restaurants may select from the following pricing models:

Model 1: No setup fee, 10% fee on subscription sales and upsell revenue, with a minimum charge of $99/month (6-month commitment).
Model 2: No setup fee, 5% fee on subscription sales and upsell revenue, with a minimum charge of $149/month (6-month commitment).
Model 3: $250 one-time setup fee, 0% fee on revenue, $250/month (6-month commitment).

2. Payment processing is facilitated through a third-party provider (Stripe), which charges a processing fee of 3.5%.

Redemption

Customers redeem their prepaid pizzas through the Restaurant’s redemption storefront, and additional items can be added for an extra charge.

Additional Terms

All subscriptions must adhere to the minimum commitment period outlined in the selected pricing model. Restaurants are responsible for fulfilling all subscription promises made to their customers and maintaining compliance with applicable laws regarding subscription offerings and customer notifications.

PizzaBox AI operates the Platform and facilitates the subscription sales but does not sell the pizzas or other products directly. The agreement for food and services is between the Customer and the Restaurant. All financial transactions, customer service issues, and quality control concerns should be directed to the Restaurant.

2. User Types and Responsibilities

Restaurant: Restaurants use the PizzaBox AI platform to offer subscriptions to their customers and manage orders through the redemption storefront. By using the Platform, the Restaurant agrees to pay PizzaBox AI the agreed fees and to abide by the subscription terms set forth for their customers.
Customer: Customers subscribing to a pizza plan are entitled to the benefits outlined in their subscription agreement with the Restaurant. By subscribing, they agree to the terms provided by the Restaurant regarding redemption, delivery/pickup, and additional purchases.

3. Payment Terms

Restaurant Fees: PizzaBox charges a commission based on the selected pricing model.
- Model 1: 10% commission on all subscription revenue raised by the restaurant and on all upsell orders processed through the redemption storefront, with a minimum charge of $99/month (6-month commitment).
- Model 2: 5% commission on all subscription revenue and upsell orders, with a minimum charge of $149/month (6-month commitment).
- Model 3: No commission on subscription revenue or upsell orders, with a $250/month flat fee and a $250 one-time setup fee (6-month commitment).
All fees are in addition to a 3.5% payment processing fee charged by the payment processing provider (Stripe).
Customer Payments: Customers prepay for pizza subscriptions through the Platform. Payments are processed via third-party services (e.g., Stripe). The Platform accepts credit cards and other approved payment methods. All payment transactions are subject to the terms of the payment processor.

PizzaBox AI does not store credit card information and is not responsible for any payment disputes between the Customer and Restaurant.

4. Refund Policy

Subscription Refunds: The refund policy is determined by each Restaurant. PizzaBox AI facilitates the subscription payment process but does not issue refunds directly. Any requests for refunds must be handled between the Restaurant and the Customer.
Service Fees: PizzaBox’s fees, as outlined in the selected pricing model, and the 3.5% payment processing fee are non-refundable. This applies even if a customer cancels their subscription or fails to redeem all prepaid items.

5. Subscription Upsell Opportunities

The Platform enables Restaurants to offer additional products during the redemption process. Customers may add extras such as drinks, desserts, or specialty items to their prepaid pizza orders. PizzaBox's fee on upsell revenue is determined by the pricing model selected by the Restaurant, as outlined in the terms of the pricing model. All upsell transactions are also subject to a 3.5% payment processing fee charged by the payment processing provider (Stripe).

6. User Conduct

By using the Platform, you agree to:

Use the Platform and Services in compliance with all applicable laws.
Provide accurate information during registration and ordering processes.
Not engage in any fraudulent or unlawful activities, including misrepresenting your identity or involvement with the Restaurant.

PizzaBox AI reserves the right to suspend or terminate any account found in violation of these Terms or involved in fraudulent activities.

7. Liability Limitations

PizzaBox AI is not liable for the quality of the products sold by the Restaurants or any disputes that arise between the Customer and Restaurant regarding the subscription. We only provide the Platform to facilitate the transaction and subscription process.

No Warranty: The Platform is provided “as is“ without warranties of any kind. We do not guarantee that the Platform will be error-free, secure, or available at all times.
Limitation of Liability: In no event will PizzaBox AI be liable for any indirect, incidental, or consequential damages, including lost profits or business interruption.

8. Termination

Either party may terminate this Agreement at any time. Upon termination, all outstanding payments owed to PizzaBox AI must be settled immediately. If a Restaurant chooses to terminate their account, all active subscriptions must be honored unless otherwise agreed upon by the Customer and Restaurant.

9. Governing Law and Arbitration

These Terms are governed by the laws of the State of California. Any disputes arising from these Terms or the use of the Platform will be resolved through binding arbitration under the rules of the American Arbitration Association (AAA).

10. Changes to Terms

PizzaBox AI reserves the right to modify these Terms at any time. Any changes will be posted on the Platform, and your continued use of the Platform constitutes acceptance of those changes.