Merchant Agreement

Last updated: July 10, 2026

This Merchant Agreement (“Agreement”) is between GomezTek (“we,” “us,” “our”) and the business that signs up for or uses MesaOS (“Merchant,” “you”). By signing an order, clicking accept, or using MesaOS, you agree to this Agreement, the Terms of Service, and the Privacy Policy. If you accept for a company, you represent you have authority to bind it.

Quick links: Fees · Hardware lease · AI · Payments · Data · Liability

1. Scope

We provide MesaOS software (POS, menus, inventory, reporting, optional AI, payroll tools, and related features), support, and—if included in your Order—leased starter hardware. Features may change over time. Payment card processing is provided by third-party processors (e.g. Stripe or Square) under their agreements with you.

2. License

We grant a limited, non-exclusive, non-transferable, revocable license for your internal restaurant operations during the term. You may not reverse engineer (except where prohibited by law), resell, sublicense, or use MesaOS to build a competing product from our non-public software. You are responsible for staff use and credential security.

3. Fees and billing

Unless your Order states otherwise, MesaOS platform fees are:

  • First 50 completed orders each calendar month: $0 platform fee; and
  • Thereafter: 1% of order subtotal before taxes (as calculated by MesaOS), plus any other fees in your Order (e.g. optional device charges).

Card brand/processor fees are separate and charged by your processor. Fees are generally non-refundable. You authorize us to invoice and collect amounts due. Late amounts may accrue interest at 1.5% per month (or the maximum allowed by law). We may suspend service for non-payment. You are responsible for taxes except taxes on our net income. We may update list pricing on notice (e.g. 30 days) for renewal periods.

4. Hardware lease (starter kit)

If we provide a starter kit (e.g. print box and/or card reader):

  • Title: Hardware remains owned by GomezTek/MesaOS. This is a free lease for use while you are an active paying MesaOS customer (or as stated in your Order)—not a sale and not “hardware you keep.”
  • Care: You will use the hardware reasonably, not remove ownership labels, and not pledge or sell it.
  • Loss/damage: You are responsible for loss, theft, or damage beyond normal wear; we may charge repair/replacement at our cost.
  • Return: On termination or our request, you will return hardware in good condition (normal wear excepted) within the timeframe we specify, or pay a reasonable unrecovered-equipment charge.
  • Support: We may help with setup; third-party printers/tablets you own remain your responsibility.

5. AI features

Optional AI features generate suggestions (recipes, descriptions, navigation help, etc.). Nothing is applied until your authorized user reviews and confirms. You are responsible for verifying AI output (including allergens, costs, and guest-facing copy) before use. AI is not a substitute for professional advice. You authorize us to send necessary menu/product context to AI providers to generate suggestions, as described in the Privacy Policy. Misuse of AI (e.g. unlawful content, attempts to bypass safety controls) is a material breach.

6. Payments and PCI

You must maintain a valid merchant account with an approved processor. You comply with applicable card-network and PCI DSS obligations for your role. MesaOS is designed so full card numbers are handled by the processor/Terminal stack; we do not store PANs, track data, or CVC. You will not enter full card data into unsupported fields or AI prompts. Chargebacks, refunds, and processor disputes are between you, your guests, and the processor, except where caused by our proven system error—and then only subject to Section 10.

7. Data and privacy

You own Merchant Data you input. You grant us rights to host and process it to provide MesaOS. For guest personal data, you are the controller; we act as your processor/service provider. You warrant you have notices/consents required by law. We may create de-identified/aggregated statistics we own. We do not sell Merchant Data. See the Privacy Policy for details on cookies, AI processing, and subprocessors.

8. Confidentiality

Each party will protect the other’s non-public business and technical information and use it only to perform under this Agreement, except for information that is public, independently developed, or lawfully received from others. Disclosure may be made to service providers under confidentiality duties or as required by law.

9. Compliance

You will use MesaOS lawfully (including employment, tax, alcohol, consumer, and privacy rules applicable to your business). You are solely responsible for your operational compliance. We may suspend access if we reasonably believe you are using MesaOS for fraud or illegal activity.

10. Disclaimers

MESAOS IS PROVIDED “AS IS.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT MESAOS OR AI OUTPUT WILL BE ERROR-FREE OR UNINTERRUPTED.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, SALES, OR DATA. OUR TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) FEES YOU PAID US FOR MESAOS IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $500. THESE LIMITS APPLY EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, EXCEPT WHERE PROHIBITED BY LAW (E.G. LIABILITY FOR DEATH/PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE WHERE SUCH LIMITS ARE VOID).

12. Indemnification

You will indemnify GomezTek against claims arising from your operations, Merchant Data, guest disputes, employment matters, your violation of law or this Agreement, or content you apply (including AI-assisted content)—except to the extent caused by our willful misconduct.

13. Term and termination

The term follows your Order (month-to-month or as stated) and renews until cancelled per the Order. We may terminate for breach, non-payment, or with notice if we discontinue the service. On termination: access ends; hardware must be returned (Section 4); fees owed remain due; we may retain data as required by law and, where feasible, provide an export on request within a reasonable window.

14. General

This Agreement + Order + Terms + Privacy Policy are the entire agreement for MesaOS. California law governs. Exclusive courts: California. No class actions or jury trial to the extent permitted. You may not assign without our consent; we may assign in a corporate transaction. If a clause is unenforceable, the rest remains. Failure to enforce is not a waiver. We may update this Agreement by posting a new version; material changes may be noticed by email or in-product; continued use after the effective date is acceptance.

15. Contact

[email protected] · (562) 270-6101.