The following terms and conditions shall apply to Restaurant’s purchase of a Direct-2 Subscription. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the General Terms.
1. Access to the Direct Platform.
Subject to the terms and conditions of the Agreement, ChowNow hereby grants to Restaurant during the Term a limited, non-exclusive, and non-transferable (except as permitted under the General Terms) right to authorize Users to access and use the Direct Platform. The Direct Platform is accessed via ChowNow’s Facebook social plugin for Restaurant’s Facebook page, the Branded Apps, and/or Restaurant’s website. Restaurant shall be responsible to ChowNow for any and all acts and omissions of its Users and any other person who accesses and uses the Direct Platform using any of User’s login credentials. The Direct Platform may be modified by ChowNow from time to time. Without limiting the generality of the foregoing, ChowNow reserves the right to change the availability of any feature, function, or content relating to the Direct Platform, at any time, without notice or liability. During the Term, the iOS Branded Apps shall be under Restaurant’s developer account with Apple, and upon termination of the Agreement, ChowNow shall disconnect the Branded Apps from the Direct Platform and remove them (or direct Restaurant to remove them) from the applicable distribution platform (e.g., the iOS Branded Apps shall be removed from Apple’s App Store).
2. Direct-1 Terms Apply.
The Direct-1 Terms shall apply to and legally bind Restaurant in connection with its access to and use of the Direct Platform and all services related thereto under the Direct-2 Subscription. Without limiting the generality of the foregoing, Section 7 of the Direct-1 Terms with respect to the Customer Membership Program shall apply to and be binding upon Restaurant under a Direct-2 Subscription. For clarity, when applied to Direct-2 Subscriptions, all references in the Direct-1 Terms to a “Direct-1 Subscription” shall be read to refer to a “Direct-2 Subscription.” Notwithstanding the foregoing, Section 5 of the Direct-1 Terms shall not apply to Direct-2 Subscriptions, and cancellation of Direct-2 Subscriptions shall not incur a Cancellation Fee.
Included in a Direct-2 Subscription are the following additional features and functionalities, at no additional cost to Restaurant:
- Direct ordering widget
- Automated e-mail marketing
- Participation in the Customer Membership Program
- Branded Apps
- Marketing Materials (e.g., printed collateral such as window clings, promotional cards, magnets, counter signage, etc.)
- Dine In Capability (i.e., Restaurant can accept dine-in Orders as an Order fulfillment type for in-restaurant ordering)
- Wi-Fi Tablet
- Middleware POS Integration