These Terms and Conditions (the “Terms”) govern your access to and use of the Flash Order platform and related products, including our Web App, App Clip, Kiosk, and Register (collectively, the “Service”). “Flash Order,” “we,” “us,” and “our” refer to Flash Order. “You” and “your” refer to the food truck business, operator, or authorized representative who registers for or uses the Service.
“Payment Processor” means the third-party payment processor that Flash Order uses to process card transactions and settle funds, as designated by Flash Order from time to time. Flash Order currently uses Square as its Payment Processor and may use Stripe or other payment processors now or in the future. References in these Terms to the Payment Processor apply to whichever processor is in use for your transactions at the relevant time.
By enabling, accessing, or using the Service — or by clicking to accept these Terms during onboarding — you agree to be bound by them. If you do not agree, do not use the Service.
1. The Service
Flash Order provides software that lets food truck operators take and manage orders across multiple channels: Web App, App Clip, Kiosk, and Register. The Service is a software layer that sits on top of your payment processing; it is not a payment processor and does not itself move, hold, or settle funds.
2. Payments and Processing
Flash Order is not the processor of record. All card processing, fund settlement, and money movement are handled by the Payment Processor (currently Square) under your own separate agreement with that Payment Processor. Your use of payment processing is subject to the Payment Processor’s terms, and you are responsible for maintaining an account in good standing with the Payment Processor used for your transactions.
You acknowledge that the Payment Processor — not Flash Order — is responsible for authorizing transactions, settling funds to you, and handling chargebacks, refunds, disputes, and related payment matters.
3. Fees
The Flash Order platform carries a per-transaction fee of $0.35 for each transaction processed through any Flash Order channel (Web App, App Clip, Kiosk, or Register), regardless of channel.
There are no monthly subscription fees and no per-device fees. You are not charged a recurring platform fee, and you are not charged separately for each Kiosk, Register, or other device.
Optional notifications. If you enable push and/or text (SMS) notifications, an additional $0.02 applies per push or text message sent. This optional fee applies only if you choose to enable these notifications.
How fees are collected. Flash Order fees are collected automatically through the Payment Processor. With each transaction, the applicable fee flows from the Payment Processor to Flash Order. You authorize this collection as a condition of using the Service.
4. Pass-Through to Your Customers (Default Setting)
By default, the $0.35 per-transaction fee is passed through to the end customer (the person placing the order) rather than absorbed by you. Under this default setting, the Service is effectively free to you as the food truck operator, because the fee is added to your customer’s order total.
If you have enabled optional push/text notifications and you have the pass-through setting on, the $0.02 per-message fee is likewise passed through to the end customer automatically. In that case, your effective cost for the Flash Order Service and notifications remains $0.
You may choose to turn off pass-through and absorb the fees yourself. If you do, the applicable fees are charged to you rather than added to your customer’s total.
Your responsibility for customer disclosure. If you elect to pass fees through to your customers, you are solely responsible for making any point-of-sale or other disclosures that may be required by law or by applicable card-network rules regarding surcharges or added fees. You are responsible for ensuring your use of pass-through complies with the laws of the jurisdictions in which you operate. Flash Order does not provide legal advice, and enabling pass-through is your decision.
5. Your Responsibilities
- Maintain a valid account in good standing with the applicable Payment Processor and comply with that processor’s terms.
- Provide accurate business and menu information and keep it current.
- Use the Service only for lawful purposes and in compliance with applicable laws, including tax, consumer-protection, and food-service regulations.
- Make any legally required disclosures to your customers, including surcharge or added-fee disclosures if you enable pass-through.
- Safeguard your account credentials and any devices on which the Service runs.
6. Service Availability and “As Is” Disclaimer
The Service is provided on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted, error-free, or available at all times. Access may be affected by factors outside our control, including connectivity, third-party services, hardware, and the Payment Processor’s systems.
To the fullest extent permitted by law, Flash Order disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of Liability
To the fullest extent permitted by law, Flash Order is not responsible or liable for:
- Lost sales, lost revenue, or lost profits resulting from the Service being unavailable, delayed, or interrupted for any reason;
- Errors, inaccuracies, or outcomes resulting from the use of — or inability to use — any Flash Order product or channel;
- Any act, omission, delay, or failure of the Payment Processor or any other third-party service, including payment authorization, settlement, chargebacks, or disputes;
- Any indirect, incidental, special, consequential, or punitive damages of any kind.
Where liability cannot be excluded under applicable law, Flash Order’s total aggregate liability arising out of or relating to the Service is limited to the total Flash Order fees you actually paid (and did not pass through) in the three (3) months immediately preceding the event giving rise to the claim.
8. Changes to the Service and These Terms
We may update the Service and these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
9. Suspension and Termination
You may stop using the Service at any time. We may suspend or terminate access to the Service if you breach these Terms, if required by the Payment Processor or by law, or to protect the integrity or security of the Service. Fee provisions and the limitation of liability survive termination.
10. Governing Law and Disputes
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Utah County, Utah, and you consent to the personal jurisdiction of those courts. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
11. Contact
Questions about these Terms can be directed to Flash Order at the contact information provided during onboarding or at flashordr.com.