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Last Updated: February 26, 2026
These Subscription Terms (the “Terms”) govern access to and use of our Platform (as defined below), which is made available to you (“Customer,” “you,” or “your”) and your Authorized Users (as defined below) by Restoke (“Restoke,” “we,” “us,” or “our”).
Please read these Terms carefully. By accessing and/or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, and the terms and conditions of our privacy policy (the “Privacy Policy”), which is hereby incorporated into these Terms and made a part hereof by reference (collectively, the “Agreement”). If you do not agree to any of these Terms, then you are not permitted to use the Platform.
If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Platform, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Platform. By continuing to access or use the Platform after we have posted a modification on the Platform, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Platform.
Capitalized terms not defined in this Terms of Service shall have the meaning set forth in the Privacy Policy.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. DESCRIPTION OF THE PLATFORM
Restoke.ai is a restaurant operations management platform that helps businesses manage various tasks, including but not limited to, food costing, team coordination, inventory, ordering, invoicing, accounts payable, financial services, and accounting integrations (the “Platform”). The Platform includes AI-powered tools to help optimize profitability and back-of-house operations.
2. RIGHT TO ACCESS AND USE THE PLATFORM
Subject to the terms and conditions of this Agreement, Restoke hereby grants you during the term of this Agreement a limited, non-exclusive, non-transferable, non-sublicensable, revocable right, to authorize your Authorized Users (as defined below) to access and use the Platform solely for your internal business purposes.
You will not (and will not authorize, permit, or encourage any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Platform; (ii) modify, adapt, or translate the Platform, or any portion or component thereof; (iii) make any copies of the Platform, or any portion or component thereof; (iv) resell, distribute, or sublicense the Platform, or any portion or component thereof; (v) remove or modify any proprietary markings or restrictive legends placed on the Platform; (vi) use the Platform, or any portion or component thereof in violation of any applicable law, in order to build a competitive product or service, or for any purpose not specifically permitted in this Agreement; (vii) introduce, post, or upload to the Platform any virus, worm, “black door,” Trojan Horse, or similar harmful code; (viii) save, store, or archive any portion of the services (including, without limitation, any data contained therein) outside the Platform other than those outputs generated through the intended functionality of the Platform without the prior, written permission of Freed in each instance; (ix) use the Platform in connection with service bureau, timeshare, service provider or like activity whereby you operate the Platform for the benefit of a third party; or (x) circumvent any processes, procedures, or technologies that we have put in place to safeguard the Platform.
If you violate this section, Restoke reserves the right in its sole discretion to immediately deny you access to the Platform, or any portion of thereof, without notice. Restoke reserves the right to change the availability of any feature, function, or content relating to the Platform at any time, without notice or liability to you.
3. AUTHORIZED USERS
Your employees and contractors who access and use the Platform on your behalf are referred to herein as “Authorized Users.” Each Authorized User must create an account by providing his/her email address and creating a password (collectively “Login Credentials”). Login Credentials cannot be shared between Authorized Users or by any Authorized User with a third party. Login Credentials must be kept confidential. You agree to immediately notify us of any unauthorized use or suspected unauthorized use of any Login Credentials. You are fully responsible for all activities, and use or misuse of the Platform, which is associated with any Authorized User’s Login Credentials. You are also responsible for ensuring that your Authorized Users comply with this Agreement. You will promptly inform us of any need to deactivate or change any Login Credentials. We have the right to disable any Platform account username or password at any time for any reason, including if in our sole discretion we believe that you have failed to comply with this Agreement.
4. TRIALS
If you would like to try our Platform, we will provide you with access to the Platform free of charge for a trial period that will be made known to you when you sign up to use the Platform. Such access is limited to evaluating the Platform to determine whether to purchase a subscription for the Platform. During the trial period, you or your Authorized Users may not use the Platform for any other purposes, including but not limited to competitive analysis, commercial, professional or for-profit purposes. We reserve the right in our sole discretion to terminate your and your Authorized Users’ access to the Platform during the trial period at any time. You may cancel the trial at any time during the trial period by providing written notice to us. Prior to expiration of the trial period, you may decide to purchase a paid subscription to the Platform by notifying us. If you do not notify us, your free trial will automatically convert into a paid Subscription to the Platform. Notwithstanding anything to the contrary set forth in this Agreement, during any trial period, we will have no support or other obligations; we will have no liability for any harm or damage arising out of or in connection with the Platform; and your and your Authorized Users use of the Platform is at your own risk.
5. OWNERSHIP
We retain all rights, title and interest in and to the Platform, and all software, materials and other technology relating to the Platform, such as including any modifications, adaptations, translation or enhancements thereto (collectively, the “Restoke IP”). The Restoke IP may be owned by us or by third parties. The Restoke IP is protected under both United States and foreign laws. Unauthorized use of the Restoke IP may violate copyright, trademark, and other laws. You have no rights in or to the Restoke IP, and you will not use the Restoke IP except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Restoke IP on any copy you make of the Restoke IP. You may not sell, transfer, assign, license, sublicense, or modify the Restoke IP or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Restoke IP in any way for any public or commercial purpose. The use or posting of the Restoke IP on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Restoke IP, and the Platform automatically terminates and you must immediately destroy any copies you have made of the Restoke IP.
The trademarks, service marks, and logos of Restoke (the “Restoke Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Restoke. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Restoke Trademarks, the “Trademarks”). Nothing on Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific to each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Restoke Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Restoke IP may be retransmitted without our express, written consent for each instance.
6. CUSTOMER DATA; USAGE DATA AND AGGREGATE DATA
For purposes of this Agreement, “Customer Data” means any data and information that you and your Authorized Users submit to the Platform; and “Usage Data” means anonymous, analytical data that Restoke collects concerning the performance and use of the Platform by its users.
As between Customer and Restoke, Customer owns all rights, title, and interest in and to Customer Data, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all intellectual rights therein. You hereby grant Restoke a non-exclusive, worldwide, fully paid-up, royalty-free right and license, with the right to grant sublicenses, to access and use Customer Data during the term of this Agreement, in furtherance of Restoke’ obligations hereunder.
Notwithstanding anything to the contrary herein, we may use, and may permit our third-party service providers to access and use, Customer Data, as well as any Usage Data that we may collect, in an anonymous and aggregated form (“Aggregate Data”) for the purposes of operating, maintaining, managing, and improving our products and services including the Platform. Aggregate Data does not identify you. You hereby agree that we may collect, use, publish, disseminate, sell, transfer, and otherwise exploit such Aggregate Data.
7. AI FEATURES AND FUNCTIONALITY
The Platform may use artificial intelligence systems and models, including those developed or operated by Restoke and those provided by third parties, to deliver AI‑enabled features and functionality (collectively, “AI Systems”). We may use metadata, usage data, and other information derived from Customer Data, which does not include Customer Data itself or any personal information (“Meta Data”) to develop, train, improve, and optimize the AI Systems.
To the extent the Platform uses AI Systems provided by third parties (“Third‑Party AI Systems”), your use of AI‑enabled features and functionality may be subject to the applicable terms and conditions of such third‑party providers (“Third‑Party AI Terms”). You acknowledge and understand that Meta Data may be processed by Third‑Party AI Systems in accordance with the applicable Third‑Party AI Terms. Restoke does not control, and is not responsible for, the practices of third‑party providers of Third‑Party AI Systems, including their use, retention, or handling of Meta Data, and Restoke makes no representations or warranties regarding the security, confidentiality, or control of User Content once processed by such Third‑Party AI Systems. For purposes of this Agreement, “Third‑Party AI Systems” means AI systems, models, or tools provided by third parties and integrated with the Platform.
Output. Due to the nature of artificial intelligence, Output (as defined below) may not be unique across all users, and the AI features and functionality of the Platform may generate the same or similar Output for different users or third parties. You acknowledge and agree that Output is generated by automated systems and may be incorrect or unpredictable. You may use the Output for any legal and lawful purpose, at your own risk. For purposes of this Agreement, “Output” means any data, information and materials generated by the Platform as a result of processing Customer Data, including but not limited to, reports, insights, notifications, and dashboards. Customer owns all right, title and interest in and to the Output.
8. FEES
Restoke offers and you can purchase a monthly or annual subscription for access to the Platform (“Subscription”) for a fee that is made known to you when you sign-up for the Subscription (the “Subscription Fee”). We may add new fees and charges, or amend fees and charges, at any time using our sole discretion. Payment for a Subscription is due immediately upon making a purchase for a subscription. By making a purchase, you are agreeing to pay Restoke, through our third-party payment processor (“Third-Party Payment Processor”), all applicable fees for the Subscription you purchase. Any information you provide to the Third-Party Payment Processor will be processed by such Third-Party Payment Processor in accordance with its privacy policy and terms of use. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR ACCOUNT, AND PROMPTLY UPDATE ALL INFORMATION TO KEEP SUCH ACCOUNT INFORMATION CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). FURTHER, YOU MUST PROMPTLY NOTIFY US IF A PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH YOUR ACCOUNT.
By purchasing a Subscription, you acknowledge that your Subscription has an initial and recurring payment charge at the then-current Subscription rate, you agree that Restoke may submit monthly or annual charges, as applicable, in advance to your chosen payment method without your further authorization, until you provide notice to Restoke that you wish to cancel your Subscription or to change your payment method. You further accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Freed after the expiration date of your payment card.
You may change or terminate your Subscription by visiting their account billing page or emailing us at [insert email address]. If you terminate your Subscription, you may use your Subscription until the end of the then-current billing cycle, and the Subscription will not be renewed after that period expires. Restoke does not refund any pre-paid portion of the Subscription fee. Freed may immediately terminate or suspend your Subscription for any reason or no reason in accordance with these Terms, including for failure to pay the applicable fees when due. If we terminate or suspend your Subscription, your right to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable).
9. GUIDELINES
By accessing the Platform, you hereby agree to comply with the following guidelines:
● You will not use Platform for any unlawful purpose;
● You will not access or use Platform to collect any market research for any competing businesses;
● You will not upload, post, e-mail, transmit, or otherwise make available any content that:
● You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
● You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through Platform;
● You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Platform;
● You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Platform;
● You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
● You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
● You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Platform, or any portion thereof, without notice.
10. RESTRICTIONS
The Platform is available only for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
11. FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform and our services (“Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
12. REPRESENTATIONS AND WARRANTIES BY CUSTOMER
You represent and warrant that: (i) you have all rights and permissions necessary to provide us with or grant us access to and use of Customer Data; and (ii) you have obtained all necessary and appropriate consents, permissions, and authorizations to allow us to process Customer Data, including any personal information provided hereunder.
13. NO WARRANTIES; LIMITATION OF LIABILITY
ALTHOUGH THE PLATFORM AND OUTPUT GENERATED THROUGH THE PLATFORM CAN BE USED AS AN AID BY YOU AND YOUR AUTHORIZED USERS TO MAKE INFORMED BUSINESS DECISIONS, THE PLATFORM AND OUTPUT ARE NOT MEANT TO SUBSTITUTE LEGAL OR BUSINESS ADVICE OR YOUR OR ANY OF YOUR AUTHORIZED USER’S EXERCISE OF THEIR OWN BUSINESS JUDGMENT. SUCH DECISIONS OR JUDGMENTS ARE MADE AT SUCH PARTY’S SOLE DISCRETION AND ELECTION.
THE RESTOKE IP, PLATFORM, OUTPUT GENERATED THROUGH THE PLATFORM AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER RESTOKE NOR RESTOKE’S SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND RESTOKE HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT RESTOKE AND RESTOKE’S SUPPLIERS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
RESTOKE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION TO YOU OR ANY AUTHORIZED USER REGARDING THE USE OR PERFORMANCE OF THE PLATFORM OR OUTPUT GENERATED THROUGH THE PLATFORM. RESTOKE WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE PLATFORM OR ANY OUTPUT GENERATED THROUGH THE PLATFORM. RESTOKE IS NOT RESPONSIBLE FOR ANY DECISIONS TAKEN BY YOU OR ANY OF YOUR AUTHORIZED USERS BASED ON THE PLATFORM OR ANY OUTPUT GENERATED THROUGH THE PLATFORM. THE PLATFORM AND THE OUTPUT GENERATED THROUGH THE PLATFORM IS PROVIDED AS A CONVENIENCE ONLY AND DOES NOT REPLACE THE NEED TO REVIEW THE OUTPUT ACCURACY, COMPLETENESS AND CORRECTNESS.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION, NOR SHALL WE BE RESPONSIBLE FOR (A) THE CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF THE PLATFORM OR ANY OUTPUT GENERATED THROUGH THE PLATFORM; OR (B) ANY RESULTS ACHIEVED OR ACTION TAKEN BY YOU IN RELIANCE ON THE PLATFORM OR ANY OUTPUT GENERATED THROUGH THE PLATFORM. ANY DECISION, ACT OR OMISSION OF YOURS THAT IS BASED ON THE PLATFORM OR ANY OUTPUT GENERATED THROUGH THE PLATFORM IS AT YOUR OWN AND SOLE RISK.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM, OUTPUT GENERATED THROUGH THE PLATFORM, OR ANY RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM, OUTPUT GENERATED THROUGH THE PLATFORM, OR ANY RELATED SERVICES SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES PAID BY YOU TO RESTOKE IN THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ARISES.
THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE PLATFORM. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.
14. EXTERNAL SITES
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the website administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
15. INDEMNIFICATION
You will indemnify, defend, and hold Restoke, its affiliates, and our and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Restoke Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Restoke Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) any misuse of the Platform, and/or the Restoke IP; (iii) your negligence, gross negligence, willful misconduct, fraud, misrepresentation or violation of law; or (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.
16. COMPLIANCE WITH APPLICABLE LAWS
The Platform are based in the United States. We make no claims concerning whether the Platform may be viewed or be appropriate for use outside of the United States. If you access the Platform from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
17. TERM AND TERMINATION
Your right to access and use the Platform will commence upon your acceptance of these Terms and will continue for the duration of the subscription plan that you selected at registration. Thereafter, the term will automatically renew for consecutive terms equivalent to the duration of your subscription plan, unless either of us notifies the other at least seven (7) prior to the expiration of the then-current renewal term of its intention to not renew.
We reserve the right to change, suspend, discontinue or terminate your access and use of all or any part of the Platform at any time without prior notice or liability. You have the right to terminate this Agreement with notice to Restoke. If your account is terminated or downgraded after billing, you will not be entitled to refunds or credits for the remaining Subscription period unless required by applicable law.
Provided Customer has an active subscription to the Platform, Customer may export Customer Data within thirty (30) days following the termination of this Agreement or deactivation of Customer’s accounts. Customer is solely responsible for exporting its Customer Data, and Restoke will not provide assistance with or support for any such export. After this thirty (30) day period, we shall have no further obligation to you with respect to the storage of Customer Data and we shall permanently delete all such data, except for any data that may be in our backup systems which shall be deleted in accordance with our data retention policies.
Sections 1, 7, 8, 9, 12, 13, 14, 16, and 17-23 shall survive the termination of this Agreement.
18. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, or the Platform (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then-current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
19. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
20. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Texas for purposes of any such action by us.
21. GOVERNING LAW AND JURISDICTION
Customer Location: Your physical address (“Customer Location”), as provided in your Restoke account shall determine (i) the applicable Restoke contracting entity for this Agreement, (ii) the address for service of notices under this Agreement, (iii) the governing law, and (iv) the jurisdiction and venue for disputes arising out of or relating to this Agreement.
Contracting Entity; Applicable Law; Additional Terms:
· If your Customer Location is in North America, South America or Canada, then you are contracting with Restoke, Inc., and this Agreement is governed by the laws of the State of Texas, U.S.A., without reference to conflicts of law principles, except for disputes subject to binding arbitration as set forth herein. For contracts with Restoke Inc., both parties consent to the exclusive jurisdiction and venue in the courts of the State of Texas, U.S.A. for all disputes arising out of or relating to this Agreement.
· If your Customer Location is in Australia, Singapore, New Zealand or United Kingdom, then you are contracting with Restoke Pty Ltd, and this Agreement is governed by the laws of Victoria, Australia, without reference to conflicts of law principles, except for disputes subject to binding arbitration as set forth herein. For contracts with Restoke Pty Ltd, both parties consent to the exclusive jurisdiction and venue in the courts of Victoria, Australia for all disputes arising out of or relating to this Agreement.
22. MISCELLANEOUS
You may not assign any of your rights, duties, or obligations under these Terms to any person or entity, in whole or in part, without written consent from Restoke. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. You agree we may use your name and logo for portfolio purposes to indicate you are or were a customer. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2026 Restoke PTY LTD. All rights reserved.
