Terms of Service
Please note: the End User License Agreement is now located here.
Effective: June 30, 2026
The following Terms of Service (“Terms”) are a legal agreement between you (“you” or “your”) and G Mark Technologies (“G Mark”, “we”, “us”, or “our”) and govern your access to and use of any technology, software, or services provided by G Mark Technologies. These services include, but are not limited to, our websites, mobile applications, in-person and digital payment processing tools, and any other features that enable you to engage with us directly or through a business that uses G Mark Technologies' platform (collectively, the “Services”). Our Services may include, among others, our public-facing websites (such as https://gmarkhq.com), the G Mark Technologies Merchant App, online ordering solutions, payment terminals, loyalty and rewards programs (“G Mark Rewards”), promotional credit or stored value systems (“G Mark Cash”), and digital features that support transactions, waitlist management, and merchant-to-customer communication. Capitalized terms not otherwise defined in these Terms shall have the meanings set forth in our Merchant Agreement.
By accessing or using any of our Services, you agree to be bound by these Terms, along with any additional policies, guidelines, or terms referenced in or made available through the Services. This includes, but is not limited to, terms related to promotions, feature-specific rules, and usage guidelines, all of which are incorporated into these Terms by reference. You also confirm that you have read and understood our Privacy Statement.
G Mark Technologies may revise or update these Terms of Service at any time at its sole discretion. Any changes will be posted at https://gmarkhq.com/terms-of-service. Updates may reflect improvements to our Services or platform. If changes significantly impact your rights or obligations, we will make reasonable efforts to notify you through email or in-app communication based on your notification settings. All changes take effect as of the date indicated, and by continuing to use the Services after that date, you agree to the revised Terms. If you do not agree to the updated Terms, your only option is to stop using our Services.
These Terms include an agreement to resolve disputes through individual arbitration. By accepting them, both you and G Mark Technologies waive the right to a jury trial and agree that any legal disputes will be resolved through binding arbitration rather than in court.
If you are using the Services as an individual, you confirm that you are at least 18 years old, reside in the U.S. or Canada, and are legally capable of entering into a binding contract. If you are accessing the Services on behalf of an organization or business, you represent that you have the authority to bind that entity to these Terms. You also agree not to use the Services for any fraudulent or unlawful activities. When you complete a purchase using any G Mark Technologies payment method or interface, you authorize us to charge your selected payment method on behalf of the merchant you are transacting with.
G Mark Technologies offers a range of technology solutions to businesses using its platform. These services enable customers to engage with G Mark Technologies-powered merchants in several ways, including but not limited to: (i) placing orders for food, beverages, or other products offered by the merchant (“Purchases”); (ii) joining a waitlist or reserving a table at a participating location; (iii) exchanging messages with the merchant (“Merchant Communications”); and (iv) earning or using G Mark Technologies Cash, loyalty points, or promotional credit toward future purchases. G Mark Technologies also facilitates these transactions and processes payments on behalf of the merchant when customers use an approved payment method (“Payment Transaction”).
G Mark Technologies values the privacy and protection of your personal information. Our collection, use, and storage of your data are governed by our Privacy Policy, which explains what information we gather, how we use it, and the safeguards we have in place to protect it.
By using G Mark Technologies' Services, you acknowledge and agree to the practices outlined in our Privacy Policy. We encourage you to review it carefully to understand your rights and our responsibilities regarding your data.
While G Mark Technologies implements industry-standard security measures, no system is completely immune to risks. You acknowledge that you provide your information at your own discretion and understand the potential risks associated with data transmission over the internet.
G Mark Technologies provides services that allow you to make purchases from participating merchants, and facilitates payment processing on their behalf—either directly or through third-party service providers. By completing a transaction, you authorize G Mark Technologies, as the merchant’s agent, to charge your selected payment method for the total amount of the purchase, including any applicable taxes, tips, or fees. Once payment is received by G Mark Technologies, your obligation to the merchant is considered fulfilled, except in cases of chargebacks or reversals.
To complete purchases using G Mark Technologies' Services, you must provide a valid payment method. You give G Mark Technologies permission to validate your payment method with your financial institution, which may involve a temporary authorization hold. This may affect your available balance until the transaction is fully processed.
If a payment is declined or returned, you agree that G Mark Technologies may attempt to reprocess the transaction. Additionally, if you choose to save your payment method for future use, you agree that G Mark Technologies may receive updated payment information (such as new card numbers or expiration dates) from card networks to help maintain the accuracy of your stored credentials.
G Mark Technologies may impose limits on the frequency or total amount of your transactions. We reserve the right to delay, deny, or cancel transactions at our discretion, particularly if we detect suspicious activity, possible fraud, or a violation of our terms or applicable law.
All payments processed through G Mark Technologies are also subject to your payment provider’s own terms and conditions. You are responsible for any additional fees or charges imposed by your bank, credit card company, or payment provider as a result of using our Services.
By using G Mark Technologies' Services, you agree to comply with all applicable laws, these Terms, and any other policies referenced within the platform.
You may only use the Services to make legitimate purchases of products or services from authorized merchants. The platform may not be used for transferring money or for any transaction unrelated to a genuine purchase.
You are responsible for ensuring that any information or content you submit through the Services does not infringe on the rights of others or violate any laws.
You must not upload or transmit any harmful or malicious code, such as viruses, malware, or other disruptive elements.
You agree not to impersonate others, provide false information, or attempt to collect or misuse the personal data of other users.
You must not attempt to interfere with, overload, damage, or gain unauthorized access to G Mark Technologies' systems, networks, or Services—or disrupt the experience of other users.
G Mark Technologies reserves the right to suspend or terminate your access to the Services at any time, with or without notice, if we suspect that you have violated these terms or any applicable law.
G Mark Technologies may charge fees for using its Services to place orders with merchants. These fees may appear as “Service Fees,” “Order Fees,” or similar labels, and will be clearly displayed prior to completing your purchase.
G Mark Technologies reserves the right to introduce or adjust its fees at any time. If additional charges apply to your order—such as processing fees—they will be disclosed before finalizing the transaction.
In addition to fees charged by G Mark Technologies, merchants may apply their own charges, taxes, or gratuities as part of your purchase. You are responsible for reviewing all amounts before confirming payment, and by proceeding, you agree to pay the full total displayed to you at checkout.
Each merchant on the G Mark Technologies platform sets their own policies for order modifications, cancellations, and refunds. Once a purchase is completed through the G Mark Technologies app, online ordering system, or a point-of-sale terminal, you must contact the merchant directly to request any changes or to inquire about refund eligibility.
G Mark Technologies does not control or guarantee merchant refund policies, and is not responsible for approving or processing refunds on their behalf. If you need assistance regarding a specific order or product, please reach out to the merchant using the contact information provided in their G Mark Technologies listing or profile.
For technical support or issues related to your use of the G Mark Technologies platform or mobile application, you may contact G Mark Technologies' support team directly through the support channels listed on our website or app.
From time to time, you may be eligible to use promotional offers or discount codes (“Promotion Codes”) when placing an order through the G Mark Technologies app, online ordering system, or other G Mark Technologies Services. These offers may be provided by G Mark Technologies or by individual merchants, and will be subject to the terms and conditions outlined in the promotional materials, whether digital or printed.
Promotion Codes are non-refundable, non-transferable, and cannot be redeemed for cash. G Mark Technologies reserves the right to change, suspend, or cancel any promotional offer or code at any time without prior notice. Additionally, if an order tied to a promotion is canceled or refunded, the code may not be reused.
Merchants may also offer gift cards, which may be issued in physical or digital form. While G Mark Technologies may power the technology used for gift card distribution and redemption, the issuing merchant is solely responsible for setting the terms of use, managing balances, and complying with all legal and regulatory requirements related to gift cards.
G Mark Technologies shall not be held responsible for any delays or failures in performance caused by events beyond its reasonable control. These may include, but are not limited to, natural disasters (such as earthquakes, floods, or fires), pandemics, acts of war or terrorism, government restrictions, labor strikes, utility or internet outages, or other unforeseen disruptions.
Such events will not constitute a breach of these Terms, and G Mark Technologies' obligations may be suspended for the duration of the disruption.
You agree to defend, indemnify, and hold harmless G Mark Technologies, its affiliates, officers, directors, employees, and agents from any third-party claims, demands, losses, liabilities, damages, costs, or expenses (including reasonable legal and accounting fees) that arise out of or relate to: (a) your violation of these Terms or any applicable policies; (b) your misuse of the Services or third-party content; or (c) any infringement by you—or anyone using your account—of intellectual property rights or other rights of another individual or entity.
G Mark Technologies will notify you of any such claim and reserves the right to assume exclusive control over its defense. If that occurs, you agree to cooperate fully with G Mark Technologies in handling the matter.
These Terms will remain in effect for as long as you continue to access or use G Mark Technologies' Services. Either you or G Mark Technologies may choose to terminate your use of the Services at any time. Once terminated, your access to the affected Services will end, and any associated data or transaction history may be permanently deleted.
Termination does not exempt you from any outstanding payment obligations, including charges related to purchases made before the termination date. Refunds will not be provided for any fees or payments already made.
G Mark Technologies reserves the right to limit, suspend, or permanently disable your account and access to any part of the Services, with or without notice, and for any reason—including suspected violations of our Terms. We may also modify, discontinue, or restrict access to specific features at any time without liability.
This section outlines how G Mark Technologies communicates with you electronically. By using the Services, you consent to receive all notices, disclosures, agreements, and other communications from G Mark Technologies in electronic form.
These communications may be delivered via email, SMS, mobile notifications, or posted on our website or app, in accordance with your contact preferences. We may update these terms periodically, and in the event of significant changes, we will provide notice through your registered communication method or by prominently displaying it on our platform.
Your continued use of the Services following any such updates indicates your agreement to the revised terms. If you do not agree, your sole remedy is to discontinue using the Services.
Even if these Terms or your use of the Services ends for any reason, certain provisions will continue to apply. These include, but are not limited to: Merchant Responsibilities (1.7), Fees (5), Disclaimer of Warranties and Liability (8), Indemnification (10), Content Ownership and Trademarks (11), Termination (12), Arbitration (14), Governing Law (17), and Miscellaneous (18).
You may not transfer or assign your rights or obligations under these Terms without prior written consent from G Mark Technologies. Any such attempt will be considered invalid. G Mark Technologies, however, may assign these Terms and its responsibilities under them to any third party without notice or consent.
These Terms will remain binding on both parties, including any permitted successors or assigns.
These Terms are governed by the laws of the Commonwealth of Massachusetts, excluding any rules related to conflicts of law. Relevant U.S. federal law also applies.
International conventions like the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms.
If any part of these Terms is determined to be invalid or unenforceable by a court, the remaining provisions will stay in full effect. Failure by G Mark Technologies to enforce any term shall not be interpreted as a waiver of that term or any other.
Any waiver must be made in writing to be valid and will not apply to other instances unless explicitly stated. These Terms and any referenced policies represent the entire agreement between you and G Mark Technologies regarding your use of the Services, replacing any previous agreements. Section titles are for convenience only and carry no legal weight.