Terms & Conditions.

1. About tossdown

tossdown is a growth platform that helps restaurants, food brands, supermarkets, retailers, and distributors grow revenue through technology, customer retention, loyalty, CRM, online ordering, and performance marketing solutions.

We combine platform technology with managed growth services to help businesses acquire customers, increase repeat purchases, strengthen customer relationships, and drive sustainable growth.

Our solutions are designed to help businesses build stronger direct customer channels while reducing dependence on third-party platforms.

2. Platform Provider

tossdown provides technology, software, marketing, and growth services that enable businesses to engage with and serve their customers more effectively.

Unless expressly stated otherwise in a separate written agreement, tossdown is not:

• A restaurant
• A retailer
• A food manufacturer
• A supermarket
• A distributor
• A delivery provider
• A payment processor
• A merchant of record

Any transaction, purchase, reservation, booking, order, or customer interaction facilitated through a tossdown-powered platform remains solely between the customer and the business providing the product or service.

tossdown does not manufacture, prepare, inspect, store, deliver, guarantee, or endorse products or services offered by businesses using the platform.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age.
• Have the legal authority to enter into binding agreements.
• Provide accurate and complete information.
• Comply with all applicable laws and regulations.

If you access the Services on behalf of a company, organization, or business, you represent that you have the authority to bind that entity to these Terms.

4. Account Responsibilities

You are responsible for maintaining the confidentiality and security of your account credentials.

You agree to:

• Keep login information secure.
• Restrict unauthorized access.
• Notify tossdown immediately of any suspected security breach.
• Accept responsibility for activities occurring under your account.

tossdown is not responsible for losses resulting from unauthorized access caused by your failure to safeguard account credentials.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable laws or regulations.
• Upload, distribute, or transmit malicious software.
• Engage in fraudulent or deceptive activities.
• Interfere with the operation or security of the Services.
• Attempt unauthorized access to systems, networks, or data.
• Infringe intellectual property rights.
• Misrepresent products, services, pricing, or business information.

tossdown reserves the right to suspend or terminate access to the Services if these Terms are violated.

6. Intellectual Property

All software, technology, trademarks, branding, systems, code, designs, documentation, content, and proprietary materials developed or owned by tossdown remain the exclusive property of tossdown or its licensors.

Nothing in these Terms transfers ownership of tossdown intellectual property to any user or customer.

Clients retain ownership of content and assets they provide, including:

• Business information
• Logos and trademarks
• Product data
• Images and media
• Marketing assets
• Customer-generated content

You grant tossdown a limited, non-exclusive license to use such content solely for the purpose of providing, maintaining, improving, and promoting the Services.

7. Third-Party Services

The Services may integrate with third-party providers, including but not limited to:

• Payment gateways
• POS systems
• Delivery platforms
• Email service providers
• SMS providers
• Advertising platforms
• Social media networks
• Analytics providers

Your use of third-party services may be subject to separate terms, conditions, and privacy policies.

tossdown is not responsible for the availability, functionality, performance, security, pricing, or actions of any third-party provider.

8. Marketing & Growth Services

tossdown may provide services related to:

• Search Engine Optimization (SEO)
• Social Media Management
• Paid Advertising
• CRM Management
• Email Marketing
• Loyalty Programs
• Customer Retention Campaigns
• AI-Powered Engagement Solutions
• Growth Intelligence Services

While tossdown follows industry best practices and proven strategies, we do not guarantee:

• Search engine rankings
• Revenue growth
• Customer acquisition targets
• Advertising performance
• Lead generation volume
• Business outcomes
• Platform-specific results

Results depend on factors beyond our control, including market conditions, competition, consumer behavior, business operations, and third-party platforms.

9. Service Availability

We strive to maintain reliable and uninterrupted access to our Services.

However, Services may occasionally be affected by:

• Scheduled maintenance
• Software updates
• Infrastructure issues
• Third-party outages
• Security incidents
• Events beyond our reasonable control

tossdown does not guarantee uninterrupted, secure, or error-free operation of the Services.

10. Fees & Payments

Customers agree to pay all fees outlined in their applicable proposal, subscription, invoice, statement of work, or service agreement.

Failure to make timely payments may result in:

• Service suspension
• Restricted access
• Removal of features
• Account termination

Unless otherwise specified in writing, all payments made to tossdown are non-refundable.

11. Data & Privacy

Your use of the Services is also governed by our Privacy Policy.

tossdown implements commercially reasonable measures to protect information and maintain platform security. However, no internet-based service can guarantee absolute security.

Users remain responsible for maintaining appropriate internal security practices and protecting access to their own systems and accounts.

12. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, tossdown disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Availability
• Accuracy
• Reliability

tossdown does not warrant that the Services will be uninterrupted, error-free, or completely secure.

13. Limitation of Liability

To the maximum extent permitted by law, tossdown shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits
• Loss of revenue
• Loss of business opportunities
• Loss of data
• Loss of goodwill
• Business interruption

In no event shall tossdown's total liability exceed the amount paid by the customer to tossdown during the six (6) months immediately preceding the event giving rise to the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless tossdown, its affiliates, directors, officers, employees, contractors, and partners from any claims, liabilities, damages, losses, expenses, or costs arising from:

• Your use of the Services.
• Violation of these Terms.
• Violation of applicable laws or regulations.
• Infringement of third-party rights.

15. Suspension & Termination

tossdown may suspend or terminate access to the Services if:

• These Terms are violated.
• Required payments are not made.
• Continued access creates operational, legal, financial, or security risks.
• Required by law or regulatory authorities.

Termination does not affect obligations or liabilities accrued before termination.

16. Changes to These Terms

tossdown may update these Terms from time to time.

Any changes will become effective upon posting to our website. Continued use of the Services after updates are published constitutes acceptance of the revised Terms.

17. Governing Law

These Terms shall be governed by and interpreted in accordance with the applicable laws of the jurisdiction specified in the relevant customer agreement, without regard to conflict of law principles.

18. Contact Us

If you have questions regarding these Terms & Conditions, please contact:

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.