Terms of Use and Service

Effective Date: August 17, 2026

These Terms of Use and Service (“Terms”) govern your access to and use of websites, website development, hosting, maintenance, accessibility services, messaging services, and other products and services provided by Gelfand Technology LLC, doing business as Zosimo (“Zosimo,” “we,” “us,” or “our”).

By purchasing, accessing, or using Zosimo services, you (“Customer,” “you,” or “your”) agree to these Terms.

1. Zosimo Services

Zosimo provides website-related products and services primarily for restaurants and other businesses.

Depending on your subscription and configuration, Services may include:

website design and development;
website hosting and maintenance;
menu publishing and individual menu-item pages;
search-engine optimization and structured website content;
accessibility-conscious design and development;
ongoing accessibility monitoring;
accessibility remediation and documentation;
website content updates;
third-party integrations;
communications and messaging functionality; and
related website and digital services.

Features may change, improve, be replaced, or be discontinued over time. We may make reasonable changes to the Services without prior notice when those changes do not materially reduce the core functionality of your paid service.

2. Customer Information and Content

You are responsible for providing accurate, current, and lawful information needed to operate your website, including menus, prices, descriptions, hours, locations, policies, photographs, trademarks, promotions, contact information, and other business information.

You retain ownership of content you provide to Zosimo.

You grant Zosimo a non-exclusive, worldwide, royalty-free license to host, reproduce, modify, format, display, distribute, and otherwise use that content as reasonably necessary to provide, maintain, and improve the Services.

You represent and warrant that you have all rights and permissions necessary for content you provide to us.

Zosimo is not responsible for losses, claims, customer disputes, regulatory issues, or other consequences resulting from inaccurate, outdated, misleading, infringing, or unlawful information supplied by you or on your behalf.

3. Fees and Monthly Billing

Zosimo Services are offered on a monthly subscription basis unless otherwise expressly agreed in writing.

You authorize Zosimo and its payment processors to charge the payment method you provide for your subscription fees, applicable taxes, and any other charges you expressly authorize.

Your subscription automatically renews each month until canceled.

There is no long-term contractual commitment unless you separately enter into a written agreement stating otherwise.

Prices may change from time to time. We will provide reasonable notice before a price increase applies to a future billing period.

4. Cancellation

You may cancel your subscription at any time.

Cancellation prevents your subscription from renewing for the next billing period.

Unless we state otherwise, your paid Service will remain available through the end of the billing period for which you have already paid.

You remain responsible for charges incurred before cancellation.

We will provide a reasonable method for requesting cancellation and will not intentionally impose unnecessary barriers to cancellation.

5. No Refunds

Payments are non-refundable and we do not provide prorated refunds or credits for partially used billing periods, except where required by applicable law or expressly agreed by Zosimo in writing.

Canceling prevents future renewal charges but does not reverse charges for a billing period that has already begun.

6. Accessibility Monitoring and Remediation

Accessibility monitoring and remediation are included as part of Zosimo’s website service for websites actively managed by Zosimo.

We use a combination of accessibility-conscious design and development practices, automated testing and monitoring, and other review methods to identify potential accessibility issues.

When we identify an accessibility issue within portions of the website or technology under Zosimo’s control, we will use commercially reasonable efforts to investigate and remediate the issue.

Zosimo also maintains internal documentation of accessibility issues identified through our monitoring and the remediation work performed.

Accessibility is an ongoing process rather than a one-time certification. Websites, content, browsers, assistive technologies, technical standards, third-party services, and legal requirements can change over time, and new accessibility issues may arise after a website is launched or after a previous issue has been corrected.

Our monitoring and remediation Services do not guarantee that every accessibility issue will be detected immediately or that a website will be free from accessibility barriers at all times.

Automated accessibility testing can assist in identifying potential issues but cannot identify every possible accessibility barrier. Accordingly, automated monitoring is one component of Zosimo’s broader accessibility process.

Third-party platforms, embedded applications, customer-provided content, and technology outside Zosimo’s control may present accessibility issues that Zosimo cannot directly remediate. Where appropriate, we may identify those issues and recommend alternatives or other corrective action.

Zosimo does not warrant or guarantee that a website will at all times satisfy every requirement of the Americans with Disabilities Act (“ADA”), Web Content Accessibility Guidelines (“WCAG”), or any other accessibility law, regulation, standard, or guideline.

Zosimo does not guarantee that use of the Services will prevent an accessibility complaint, demand letter, investigation, claim, or lawsuit.

Customers remain responsible for their own legal and regulatory obligations.

Zosimo’s role is to actively monitor and maintain the portions of the digital experience within the scope of our Services and to address accessibility issues as they are identified.

Customers agree to promptly notify Zosimo of any accessibility issue, complaint, demand, or claimed barrier brought to their attention so that Zosimo has a reasonable opportunity to investigate, document, and, where within its control, remediate the reported issue.

Nothing in these Terms transfers a Customer’s legal obligations as the owner or operator of its business to Zosimo.

7. Accessibility Claims and Customer Cooperation

Zosimo will use commercially reasonable efforts to address accessibility issues within the scope of the Services when they are identified through our monitoring or brought to our attention.

If you receive an accessibility complaint, demand, notice, or other communication relating to a website managed by Zosimo, you agree to notify us promptly and provide information reasonably necessary for us to investigate the reported technical issue.

Where the issue is within Zosimo’s control and covered by your active Service, we will use commercially reasonable efforts to investigate and remediate it.

Zosimo is not a law firm and does not provide legal advice, legal opinions, legal certification, or legal representation.

If you receive a legal demand, complaint, lawsuit, or regulatory communication, you should consult qualified legal counsel.

8. Third-Party Services

Zosimo websites may use or link to third-party services, including:

payment processors;
reservation systems;
online ordering platforms;
delivery platforms;
mapping services;
communications providers;
analytics services;
review platforms;
social networks;
domain registrars;
hosting and infrastructure providers; and
other integrations.

Zosimo does not control independently operated third-party services and is not responsible for their availability, accessibility, security, policies, functionality, content, or conduct.

Changes, outages, errors, accessibility barriers, or discontinued functionality in a third-party service do not constitute a breach of these Terms by Zosimo.

9. Search Engines, SEO, and Business Results

Zosimo may implement search-engine optimization (“SEO”), structured data, menu pages, metadata, performance improvements, and other techniques intended to improve the discoverability and usefulness of Customer websites.

Search engines, artificial-intelligence platforms, directories, social networks, and other third parties independently determine how information is indexed, ranked, displayed, summarized, or used.

Zosimo does not guarantee search rankings, search-engine placement, AI recommendations, traffic levels, customer acquisition, reservations, sales, revenue, reviews, or any other particular business result.

Past results, examples, or demonstrations do not guarantee future performance.

10. Customer Requests and Website Changes

Where your Service includes website maintenance, you may request reasonable website changes using communication methods made available by Zosimo.

Zosimo may establish reasonable processes, limits, or turnaround expectations for requests.

Routine updates covered by your subscription will be performed as part of the Service.

Major redesigns, custom software development, unusually extensive changes, new functionality, or work outside the scope of your subscription may require additional fees.

If additional fees are required, we will disclose them before performing billable work.

11. Text and SMS Communications

Zosimo may offer text-message communications to make it easier for Customers to communicate with us, including requesting website changes or receiving information about their Services.

If you separately opt in to receive text messages from Zosimo, we may send messages relating to:

your account;
website-change requests;
support requests;
onboarding;
service updates;
billing or account administration;
responses to communications you initiate; and
other purposes disclosed when you opt in.

Consent to receive marketing or other non-essential text messages is not a condition of purchasing Zosimo Services.

Message frequency varies.

Message and data rates may apply.

You may opt out of text messages at any time by replying STOP.

You may request assistance by replying HELP or contacting us at support@zosimo.io.

Following an opt-out request, we may send a confirmation message and will honor the request as required by applicable law.

Mobile carriers are not liable for delayed or undelivered messages.

Your participation in any Zosimo messaging program is also subject to the Zosimo Privacy Policy.

12. Acceptable Use

You may not use Zosimo, the Services, or a Zosimo-managed website to:

violate applicable law;
infringe intellectual-property, privacy, publicity, or other third-party rights;
distribute malware or malicious code;
engage in fraud or deceptive practices;
interfere with the security or operation of Zosimo systems;
attempt unauthorized access to systems or data;
send unlawful or unauthorized communications; or
publish content that Zosimo reasonably believes creates material legal, security, or operational risk.

Zosimo may suspend or terminate Services for material violations of this section.

13. Intellectual Property

Except for Customer Content and third-party materials, Zosimo retains all rights, title, and interest in its technology, software, templates, systems, processes, designs, code, tools, documentation, know-how, reusable components, and other intellectual property used to provide the Services.

Your subscription provides you with the right to use the resulting website and Services during your subscription.

Your subscription does not transfer ownership of Zosimo’s underlying platform, software, reusable components, templates, systems, or proprietary technology.

Nothing in these Terms prevents Zosimo from using general knowledge, skills, concepts, methods, templates, designs, techniques, or components developed or used in connection with providing Services to you for other customers or purposes, provided that we do not thereby disclose your confidential information.

14. Service Availability

Zosimo aims to provide reliable Service but does not guarantee uninterrupted or error-free operation.

Maintenance, upgrades, internet failures, security events, third-party outages, circumstances beyond our reasonable control, and technical problems may temporarily affect availability.

We may perform maintenance, updates, or modifications reasonably necessary to maintain security, reliability, functionality, or accessibility.

15. Security

Zosimo uses reasonable measures intended to protect its systems and Customer information.

However, no website, network, hosting environment, storage system, or electronic transmission can be guaranteed to be completely secure.

You are responsible for protecting passwords, account credentials, and other authentication information under your control and for promptly notifying us if you suspect unauthorized access.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

ZOSIMO DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ZOSIMO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR GUARANTEED TO PRODUCE PARTICULAR BUSINESS, SEARCH, ACCESSIBILITY, FINANCIAL, OR LEGAL RESULTS.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GELFAND TECHNOLOGY LLC, ZOSIMO, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF GELFAND TECHNOLOGY LLC AND ZOSIMO ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ZOSIMO DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory asserted and even if Zosimo was advised that damages were possible.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

18. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Gelfand Technology LLC, Zosimo, and their respective owners, officers, employees, contractors, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable costs and expenses arising from or relating to:

Customer Content;
inaccurate, misleading, infringing, or unlawful information supplied by you;
your products, food, services, promotions, business operations, or representations;
your violation of applicable law or third-party rights; or
your material breach of these Terms.

This provision does not require you to indemnify Zosimo for claims to the extent finally determined to have resulted from Zosimo’s own unlawful conduct where such indemnification is prohibited by law.

19. Suspension and Termination

Zosimo may suspend or terminate Services for:

nonpayment;
unlawful use;
security threats;
abuse of the Services;
material breach of these Terms; or
circumstances in which continuing to provide Service would create unreasonable legal, security, or operational risk.

Where reasonably practicable, we will provide notice and an opportunity to correct a curable problem before termination.

20. Effect of Cancellation or Termination

Upon expiration or termination of your subscription, Zosimo may discontinue hosting, maintenance, accessibility monitoring and remediation, integrations, messaging functionality, and other subscription Services.

Ongoing accessibility monitoring and remediation are provided only while the applicable Zosimo website Service remains active.

After termination, Zosimo has no obligation to continue monitoring, testing, maintaining, documenting, or remediating the website unless separately agreed in writing.

You should maintain copies of important business information and Customer Content.

Any provisions that by their nature should survive termination—including payment obligations, intellectual-property provisions, disclaimers, limitations of liability, indemnification, and dispute provisions—will survive.

21. Assignment

You may not assign these Terms without Zosimo’s prior written consent.

Zosimo may assign these Terms, in whole or in part, in connection with a merger, acquisition, financing, corporate reorganization, sale or transfer of the Zosimo business or assets, formation of a successor entity, or similar transaction.

Any permitted successor or assignee may continue providing the Services under these Terms.

22. Changes to These Terms

Zosimo may update these Terms from time to time to reflect changes in our Services, business practices, technologies, or legal requirements.

If we make material changes affecting an existing paid subscription, we will provide reasonable notice as appropriate.

Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.

23. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles, except to the extent applicable law requires otherwise.

Any legal proceeding arising out of or relating to these Terms or the Services that is not required by law to be brought elsewhere will be brought in a court of competent jurisdiction in Texas.

24. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent legally permissible, and the remaining provisions will remain in full force and effect.

25. Waiver

Zosimo’s failure to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision in the future.

26. Entire Agreement

These Terms, together with the Zosimo Privacy Policy, applicable checkout or order information, and any other written agreement expressly incorporated into these Terms, constitute the agreement between you and Zosimo concerning the Services.

If a separately signed written agreement between you and Zosimo expressly conflicts with these Terms, the separately signed agreement will control to the extent of that conflict.

27. Contact

Questions about these Terms may be sent to:

Gelfand Technology LLC d/b/a Zosimo
Email: support@zosimo.io