Terms of Service

Last updated: February 15, 2025

These Terms of Service (“Terms”) apply to your access to and use of the websites operated by GomezTek (“we,” “us,” “our”), including gomeztek.com and mesaos.com, and to your use of our MesaOS restaurant system and any related software, APIs, or services (collectively, the “Services”). By accessing our websites or using the Services, you agree to these Terms. If you are using the Services on behalf of a business, you represent that you have authority to bind that business. If you do not agree, do not use our websites or Services. Use of MesaOS by a business may also be subject to a separate Merchant Agreement.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that all information you provide is accurate and current.

2. Use of our websites

You may use our websites for lawful purposes only. You may not: (a) use the websites in any way that violates applicable law; (b) attempt to gain unauthorized access to any systems, accounts, or data; (c) transmit malware, spam, or any harmful code; (d) scrape, crawl, or use automated means to collect data from the websites without our prior written consent; (e) interfere with or disrupt the websites or servers; or (f) use the websites to compete with us or to build a similar product or service.

3. MesaOS accounts

If you create an account for MesaOS, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must notify us promptly of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason we deem appropriate.

4. Acceptable use

You agree not to use the Services to: (a) violate any law or third-party rights; (b) distribute harmful, offensive, or illegal content; (c) send unsolicited communications in violation of applicable law (e.g. TCPA, CAN-SPAM); (d) process transactions that are fraudulent or not bona fide; or (e) use the Services in a manner that could damage, disable, or impair the Services or our systems. We may suspend or terminate access for breach of this section.

5. Intellectual property

We (and our licensors) own all rights in the Services, our websites, and our content, including software, design, text, and graphics. We grant you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms. You may not copy, modify, distribute, reverse engineer, or create derivative works from the Services except as expressly permitted by us in writing. Feedback you provide may be used by us without obligation to you.

6. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and share information. By using the Services, you consent to that processing.

7. Disclaimers

The Services and websites are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure. Some jurisdictions do not allow disclaimer of implied warranties; in such jurisdictions, the above may not apply to you to that extent.

8. Limitation of liability

To the maximum extent permitted by law, GomezTek and its affiliates, officers, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of data, profits, or business opportunity) arising from or related to your use of the Services or these Terms. Our total liability for any claims arising from or related to the Services or these Terms shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow limitation of liability; in such jurisdictions, our liability is limited to the greatest extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless GomezTek and its affiliates, officers, and employees from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from (a) your use of the Services, (b) your violation of these Terms or any law, or (c) your violation of any third-party rights. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

10. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice. Upon termination, your right to use the Services ceases. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive termination.

11. Governing law and disputes

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any dispute arising from or related to these Terms or the Services shall be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction there. You waive any right to a jury trial and to participate in a class action.

12. Changes

We may modify these Terms at any time. We will post the updated Terms on this page and update the “Last updated” date. If you use MesaOS under a Merchant Agreement, material changes may be communicated as set forth in that agreement. Your continued use of the Services after the revised Terms are posted constitutes acceptance. If you do not agree, you must stop using the Services.

13. Contact

Questions about these Terms: [email protected] or (562) 270-6101.