Terms of Use

TERMS OF USE

Welcome to ROTI® websites. Roti Holdings, LLC, and its affiliates and subsidiaries, and their respective affiliates including, but not limited to, Roti Restaurant Group, LLC, Roti Modern Franchising, LLC, Roti IP, LLC, and Roti Restaurant Group UK Ltd. (collectively, “Roti,” “we,” “us,” or “our”), owns and/or operates the www.roti.com and www.roti.co.uk websites. These websites, together with other websites, mobile sites, the Platforms (as defined in section 10 (Roti Perks Loyalty Program Terms of Service)), and mobile applications owned, operated, or controlled by Roti, are referred to herein, individually and collectively, as the “Website”. Roti provides the Website and our products and services to you subject to the following conditions.

THESE TERMS INCLUDE (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO PURSUE CLAIMS AS CLASS ACTIONS AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL; (2) A LIMITATION OF YOUR RIGHT TO BRING CLAIMS AGAINST US MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS.  SEE BELOW FOR DETAILS ON THESE PROVISIONS.

1.         BINDING AGREEMENT

Please read carefully these Terms of Use (“Terms of Use”), the Privacy Policy and any other terms and conditions on the Website that govern features of the Website (e.g., the franchise section) (the "Additional Terms"), all of which collectively govern your use of, and access to, the Website and all content, data, information and materials contained therein. (The Terms of Use, the Privacy Policy, the California Privacy Policy, and any additional terms are referred to collectively herein as the “Terms”).

BY ACCESSING, BROWSING AND/OR USING THE PAGES OR SERVICES POSTED ON THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, THE PRIVACY POLICY, AND ANY ADDITIONAL TERMS, AND AGREE TO BE BOUND BY ALL OF THEM, AS EACH MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY ROTI, IN ACCORDANCE WITH THE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR ORDER, USE, OR CONSUME ANY OF OUR PRODUCTS OR SERVICES.

These Terms set forth the entire, final, and exclusive agreement between Roti and you with respect to your use of, and access to, the Website and any and all content, data, information and materials contained therein and transactions completed thereon, and supersede all previous oral and written terms, representations, or understandings concerning your use of, and access to, the Website and any and all content, data, information and materials contained therein and transactions completed thereon. These Terms also apply to any other aspects of your relationship with us. If there is a conflict amongst the provisions in the various Terms, the more specific provision governs. For the avoidance of doubt, if there is a conflict between the Terms of Use and the ToS (as defined and set forth in section 10 (Roti Perks Loyalty Program Terms of Service), the ToS will prevail.

Roti reserves the right to modify the Terms at any time. You can find the most current version of the Terms of Use as well as the Privacy Policy by clicking on the appropriate hyperlink at the bottom of this page. The most current version of any additional terms can be found by clicking on the appropriate hyperlink on the Website. You are responsible for staying informed of any changes. IF YOU DO NOT AGREE TO THE NEW POSTED TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND YOUR RELATIONSHIP WITH ROTI UNLESS OTHERWISE PROVIDED HEREIN.

Roti makes reasonable efforts to provide accurate and timely information on the Website. While we believe the information is reliable, we provide no warranty that the information is always up to date or contains all the relevant information available.

You must be 18 years of age or older to use, register for an account, transmit, submit, or post any content, material or personally identifiable information or place an order on the Website. If you are under 18 or under the legal age to enter enforceable contracts in the jurisdiction from which you are accessing the Website, you may use the Website only with consent of a parent or guardian. By submitting information or content on the Website you represent that you meet this age restriction and Roti provides you access to the Website subject to your compliance with these Terms.

2.         PRIVACY

Please review our Privacy Policy here, which also governs your visits to the Website, to understand our privacy practices. Additionally, if you are a California resident, you have a right to request certain information from Roti. That request is detailed here. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU AGREE TO THE PRIVACY POLICY.

3.         OUR PRODUCTS

Please see our menu page here, which is incorporated into these Terms by reference and also governs your purchase of products through the Website, for more information on our products. Prices are in US dollars unless otherwise noted. Roti reserves the right to change prices on any product or products and to discontinue any services or products provided through the Website at any time.

4.         FRANCHISEES ARE INDEPENDENT CONTRACTORS

The ROTI® franchisees (the “Franchisees”) are independently owned and operated businesses and are independent contractors. The Franchisees are not our agents, partners, or employees. They do not have any right to speak for us or on our behalf or bind us to any contracts or obligations. We are not responsible for any of the acts or omissions of the Franchisees, including, without limitation, in connection with their provision of products or services to you or fulfillment of orders placed by you through the Website, or in a ROTI® store.

5.         COPYRIGHT

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Roti or its licensors or content suppliers and protected by copyright, trademark and other applicable laws in the United States and other jurisdictions.

6.         TRADEMARKS

RŌTI® is a registered trademark of Roti. This is not intended to be a complete list of all of Roti’s trademarks, and Roti owns or controls the proprietary rights in trademarks not listed here and in one or more countries outside the United States. The roti.com and roti.co.uk domain names and the domain names of Roti’s other websites are the property of Roti. All ROTI® trademarks, copyrights, trade dress and/or intellectual property used on the Website may not be used in connection with any product or service that is not offered for sale or otherwise provided by Roti or by its Franchisees, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames Roti or the Website. All other trademarks, services marks, logos, designs, and trade dress, not owned by Roti that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Roti.

7.         LICENSE, LIMITATIONS ON USE, AND WEBSITE ACCESS

Roti grants you a limited license to access the Website for normal browsing only, and to download (for caching purposes only) or print a copy of the materials on the Website for your personal use only provided that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with Roti; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Roti); and (d) do not make any modifications to the material. Except as expressly provided in this section or as provided in the section below entitled, "Further Limitations on Use - Franchisee Areas," you may not download (other than page-caching), modify, copy, reproduce, republish, post, resell, upload, transmit or distribute material or any portion of it from the Website, except with express written consent of Roti. The limited-use license granted herein does not include any right for resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. We may grant you, at our sole discretion, a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website provided that: (1) you do not use the Roti® logo or other proprietary graphic or trademarks as part of the link without our express written permission; (2) the link does not portray Roti or its products or services in a false, misleading, derogatory, or otherwise offensive matter; (3) you do not use the link in a manner that would compete with or damage the goodwill associated with Roti; and (4) you do not use or post the link in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Roti). To request our permission to create a hyperlink to the home page of the Website, please contact us at:

Attn: Webmaster

Roti Restaurant Group, LLC

10 Glenlake Parkway

North Tower, Suite 300

Atlanta, Georgia 30328

E-mail: help@roti.com

In addition, you agree not to:

A.        Use or access the Website for any purpose that is unlawful or prohibited by these Terms;

B.        Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Roti, or our subsidiaries or our affiliates without express written consent of Roti;

C.       Use any metatags or any other "hidden text" utilizing ROTI® trade names, trademarks, service marks or logos without the express written consent of Roti;

D.       Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Roti without the express written consent of Roti;

E.        Use or access the Website in a manner that could damage, disable, overburden, or impair any Roti server or the networks connected to any Roti server;

F.         Interfere with any third party's use and enjoyment of the Website;

G.       Attempt to gain unauthorized access to the Website, accounts, computer systems, or networks connected to any Roti server through hacking, password mining, or any other means;

H.       Sublicense any license granted in or to materials on the Website under these Terms (whether or not any of such acts are for commercial gain or advantage); or

I.           Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website unless specifically authorized in writing by the owner of the software to do so.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

8.         MOBILE APPLICATION LICENSE

A.        Use License

If you access our mobile application(s), then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application. Roti may make available for download certain application updates or upgrades to the application to update, enhance or further develop the application (“Application Updates”). The license granted herein allows you to download and use the Application Updates to update the application on any device that you own or control. These Terms do not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where they could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by Roti.

Roti may, at its discretion, automatically download Application Updates to your device. You agree to accept these Application Updates and to pay for any costs associated with receiving them. The application and Application Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the application and Application Updates. These laws include restrictions on destinations, end users, and end use.

B.        Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Website: (a) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (b) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (c) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (d) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (e) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (f) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

These Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, our mobile application is considered the "Licensed Application” as defined in the LAEULA and Roti is considered the "Application Provider” as defined in the LAEULA. If any of these Terms conflict with the terms of the LAEULA, the terms set forth in these Terms shall control. You further acknowledge and agree that in no event will Apple Inc. be responsible for any claims relating to our application (including, without limitation, a third party claim that the application infringes that third party’s intellectual property rights) or your use or possession of the application, including but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple Inc. will have no warranty obligation whatsoever with respect to the application.

C.       Mobile Service, Internet and Service Fees

Your use of our mobile application requires use of a mobile device and may require use of a wireless mobile data service, which must be obtained from your wireless carrier, and may also require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation, all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the application, including, without limitation, administrative messages, service announcements, diagnostic data reports, and Application Updates, from Roti, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the application, including, but not limited to, payment of all third-party fees associated therewith, including fees for information sent to or through the application. 

The application may not work with all devices or all mobile carriers. Roti makes no representations that the application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the application, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services. Some functionality of the application, including location-based services and functionality, may require the transmission of information from and about you and/or the application, including, without limitation, names, usernames and passwords, email address, financial information (such as credit card numbers), and/or GPS location. If you use such application functionality, you consent to the transmission of your user information to Roti and/or Roti’s agents and you authorize Roti and/or its agents to record, process, and store such information as necessary for the application functionality and for purposes described in our Privacy Policy found here.

9.         CATERING SERVICES

Our catering team is here to help. For questions on catering services, please call 877-664-7684 or email us at catering@roti.com.

A.        The Details

Roti offers catering services at all of our locations, subject to the following conditions:

·       Please provide at least 24 hours’ notice for best service & availability.

·       Breakfast orders require 24-hour notice.

·       For larger orders, please provide 48–72-hour notice.

·       Roti catering can accommodate parties of any size.

·       Delivery fee is calculated at 8% of subtotal.

·       $50 minimum order required for delivery.

·       Prices & offerings are subject to change.

·       Our menu can accommodate most food allergies and dietary restrictions. Menu availability may vary by location.

B.        Cancellation Policy

                     I.      Orders placed through Roti catering services. Orders placed through Roti’s catering services (by phone call, email, or in person) are subject to the following cancellation fees.

o   Orders cancelled at least 72 hours before order delivery/pickup time: no cancellation fee.

o   Orders cancelled within 72 hours of delivery/pickup time: cancellation fee equal to ~50% of order value.

o   Orders cancelled within 24 hours of delivery/pickup time: cancellation fee equal to 100% of order value.

II.      Orders placed via ezCater. Orders placed via ezCater are subject to the following cancellation fees.

o   Orders cancelled at least 24 hours before order delivery/pickup time: no cancellation fee.

o   Orders cancelled within 24 hours of delivery/pickup time: cancellation fee equal to 100% of order value.

10.   ROTI PERKS LOYALTY PROGRAM TERMS OF SERVICE

These Roti Perks Loyalty Program Terms of Service (“ToS”) govern the use and access of the Roti Perks loyalty rewards and customer engagement program (“Loyalty Program”) made available through https://rewards.thanx.com/roti and/or www.order.thanx.com/roti (collectively, the “Rewards Site“) and as an application for mobile devices (the “Roti App“) (collectively, the “Platforms”). The Platforms are owned and operated on Roti’s behalf by Thanx Inc. (“Thanx”), a third-party service provider of Roti. Thanx is a third-party beneficiary of these ToS and, when you agree to these ToS, both Roti and Thanx will have the right to enforce these ToS against you, separately or jointly.

By accessing or using the Platforms, you agree to be bound by these ToS. Certain Reward Opportunities (defined below) that are part of our Loyalty Program may be governed by additional terms and conditions which are incorporated herein by reference. If there is a conflict between these ToS and the terms and conditions for a particular Reward Opportunity, these ToS will apply.

A.        Eligibility

To be eligible to enroll for and redeem Rewards, you must:

·       Be an individual person at least 18 years of age;

·       Register for an account;

·       Possess the authority and capacity to create a binding legal obligation in your state and/or country of residence; and

·       Not be a person barred from participating in the Loyalty Program under the laws of the United States or other applicable jurisdiction.

The Loyalty Program is subject to all applicable laws and regulations and is VOID WHERE PROHIBITED.

B.        Creating an Account

To enroll for and redeem Rewards, you must create an account. You may only create one account, and it is non-transferable to a third party. When you create an account, you agree to provide accurate, current, and complete information about yourself. You are responsible for safeguarding your account and are responsible for activities that occur under your account. Please notify us immediately if your account has been compromised.

C.       Loyalty Program Participation

The means by which you can earn promotional rewards offered by Roti may include (i) a digital “punch card” experience, whereby you purchase a specified number of qualifying products or services or participate in specified activities (each a “Qualifying Action”) pursuant to the Reward Opportunity Terms; (ii) opportunities to earn points that may be redeemed for rewards (“Points”); and (iii) other similar experiences where eligible spending or activity will earn you rewards (collectively, “Rewards“). You may be presented with offers to earn Rewards via email, mobile device notifications, and other channels (“Reward Opportunities”). You can opt out of receiving additional information regarding Reward Opportunities at any time through your account settings within the Platforms or as otherwise set forth in these ToS.

Qualifying Actions will help you progress toward earning Rewards (“Reward Progress”) and reaching the designated threshold (a “Reward Threshold”) indicated in the applicable Reward Opportunity Terms. When you reach a Reward Threshold, you will have access to the Rewards which can be redeemed as set forth in the applicable Reward Opportunities.

D.       Important Notes About Your Cards and Transactions

By enrolling in Rewards and registering a payment card (“Linked Card”), you agree that the payment card network (e.g., AMEX, MasterCard or Visa) on which your payment card is issued may examine transactions (including returns) on your Linked Card to identify Qualifying Actions and share transaction data with Roti and Thanx. We will use your information subject to Roti’s Privacy Policy available here.

Not all payment cards are eligible for use to earn Rewards. For example, corporate purchasing cards, Health Savings Account (HSA), Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, Visa Buxx and payment cards that are not network-branded or otherwise not processed through a payment network are not eligible.

If you use a Personal Identification Number (PIN) when paying for your purchases with your Linked Card, the transaction will not count toward your ability to earn Rewards.

E.        Reward Opportunity Terms

At the time a Reward Opportunity is made available to you, Reward Opportunity specific terms (“Reward Opportunity Terms”) may be made available to you which may include details related to (i) what actions may be required to earn Rewards; (ii) what Rewards are available to you if you complete the actions required by the Reward Opportunity; (iii) expiration details relating to either Reward Progress (e.g., Points), or ability to redeem Rewards, as applicable; and (iv) how you can redeem your Rewards.

Reward Opportunity Terms for current Reward Opportunities may also be viewable on the Platforms.

F.         General Terms of Reward Offerings

           I.                  In General. Descriptions of the offers advertised on the Platforms are provided by Roti or other referenced third parties. While we partner with Thanx to deliver the Reward Opportunities and Rewards to you, Thanx does not provide any Reward Opportunities or Rewards to you, and all Rewards are provided by and redeemable only with Roti. Thanx is not responsible for the Rewards or the terms under which Rewards are made available. For avoidance of doubt, Thanx is not responsible for any claims associated with the description of the Reward Opportunities, communications to you about Reward Opportunities or the Loyalty Program, Rewards or products or services offered by Roti (collectively, “Roti Offerings”). Pricing relating to certain Roti Offerings and other available programs on the Platforms may change at any time in Roti’s sole discretion without notice.

        II.                  Reward Progress (e.g., your Points or “punch card”):

o   Is not equivalent to cash, does not represent a claim on any cash or other property, and is not redeemable for cash. Your Reward Progress may be forfeited if you violate these ToS or any additional terms or conditions applicable to Reward Progress for a specific Reward Opportunity (e.g. if a Qualifying Action must occur within a certain timeframe). Any such terms will be communicated with the Reward Opportunity, as applicable.

o   Is not transferable to any third party.

o   Cannot be redeemed or used other than with Roti, including Roti’s affiliates.

     III.                  Points. Please review the details below for more information regarding Points earned in connection with the Platforms:

o   Earn Points Any Way You Pay. Order ahead in the Roti App or at the register to earn 1 Pita Point per $1.00 spent.

o   Redeem for Rewards. Earn free food and drink rewards starting at 30 Pita Points ($30.00 spent).

o   Unlock More with Tiers. The more you visit, the higher your tier. Start at Explorer, then move your way to Ambassador ($50.00 spent), and VIP ($100.00 spent).

     IV.                  Rewards Expiration Will Vary. You should review the Reward Opportunity Terms presented to you. Rewards will expire pursuant to the Reward Opportunity Terms or as otherwise set forth in section H of these ToS entitled, “Termination, Account Cancellation or Suspension.” You can view and track your balance and available Rewards through your account.

        V.                  Verifying Your Account. You are responsible for ensuring your Reward Progress earned from Qualifying Actions are properly credited to your account. It may take up to 7 days after a Qualifying Action is made for your Reward Progress or Reward to be viewable via your account. You should email help@roti.com if it has been more than 7 days and the Reward Progress has not been applied to your account. You may be asked to provide additional, supporting information, as required, to facilitate a request to update your Reward Progress. Requests received after 21 days of a Qualifying Action may not be eligible to be credited to your account. We are not responsible for investigating any Reward or Reward Progress request if you have not notified us within 21 days of the Qualifying Action. Your Rewards can also be reversed if any of the items you purchased in connection with a Qualifying Action are subsequently returned. We may also, at our discretion, delay any Reward or Reward Progress in order to validate or verify a Qualifying Action. Any attempt to earn Rewards through the purchase and return of merchandise in connection with a Qualifying Action will be considered possible grounds for termination of your account.

     VI.                  You Acknowledge That:

o   Your accumulation of, and the redemption of, Rewards is subject to your compliance with these ToS (including any terms and conditions provided when you are presented with a Reward Opportunity);

o   We reserve the right to delay, withhold or invalidate accrual or redemption of Rewards in the event of technical, printing, production, distribution, or similar errors, potentially fraudulent activity, or similar issues. Specifically, we can invalidate Rewards from your account with notice if we determine in our sole discretion that such Rewards were improperly credited to your account;

o   The Reward Opportunities, Reward Progress, and Rewards are intended for personal use only. Commercial use is prohibited;

o   Your use of the Platforms and your activities in connection with the Platforms must be lawful and in compliance with these ToS and you may not in any way inhibit any other user from using the Platforms;

o   Neither Roti nor our service providers are responsible or liable for any unredeemed, unused or lost Rewards or Reward Opportunities;

o   Reward Progress and Rewards are not gift cards or gift certificates and do not constitute property, do not entitle you to a vested right or interest and have no cash value. Therefore, Points and Rewards are not redeemable for cash, transferable, salable, or assignable for any reason. No cash will be exchanged for the unused portion of any member’s Rewards;

o   Unless otherwise expressly permitted, your redemption of Rewards in connection with the Loyalty Program cannot be combined with any other offers or discounts;

o   Roti reserves the right to change, modify, discontinue or cancel the Loyalty Program or any Reward Opportunity, at any time and in our sole discretion, without notice to you; and

o   You are solely responsible for use of the Services and your Rewards. You may only have one account that is personal to you.

Your only remedy for a failure of a Reward is to receive the equivalent Reward by contacting help@roti.com.

G.       The Roti App

           I.                  Access via the Roti App

Subject to your compliance with these ToS, we grant you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Roti App on a mobile device or computer that you own or control and to run such copy of the Roti App solely for your own personal non-commercial purposes. Furthermore, with respect to any Roti Apps accessed through or downloaded (as applicable) from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Platforms accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Roti App on a shared basis within your designated family group.

        II.                  Rights You Grant to Roti and Thanx

By making any content available through the Platforms you hereby grant to Roti and Thanx a non- exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your content in connection with operating and providing the Platforms to you and other account holders. You are solely responsible for all your content. You represent and warrant that you own all your content or you have all the rights that are necessary to grant Roti and Thanx the license rights in your content under these ToS. You also represent and warrant that neither your content, nor your use and provision of your content to be made available through the Platforms, nor any use of yours on or through the Platforms, will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

     III.                  Alerts and Notifications

As part of the Platforms we provide, you may (if enabled) receive push notifications, alerts, emails, or other types of messages directly sent to you outside or inside the Roti App (“Push Messages”). You have control over the Push Messages settings and can opt in or opt out of these Push Messages through the Platforms (with the exception of service announcements and administrative messages). Please be aware that third party messaging fees may occur for some types of Push Messages depending on the service plan you have with your wireless carrier.

H.       Termination, Account Cancellation or Suspension

You may cancel your account at any time through the Platforms or by sending an email to help@roti.com.

Our Loyalty Program will continue until terminated at our sole discretion. We may terminate, modify, or suspend the Loyalty Program as well as your access to and use of the Platforms and your account, at our sole discretion, at any time for any reason. Reasons for such a termination, modification, or suspension include, without limitation, (1) you have violated or breached any provision of these ToS (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these ToS), (2) we believe it is required to do so by law (for example, where the provision of the Platforms or Loyalty Program to you is, or becomes, unlawful); or (3) for any other reason in our discretion upon our provision of notice to you. If your account is terminated for cause pursuant to this section, you may not later re-enroll in the Platforms.

Accounts that remain inactive for more than 6 months may be subject to automatic cancellation. Once your account is cancelled (whether by you or us), you will no longer be able to access your account and you will lose all of your accumulated Rewards and Reward Progress, and you understand and acknowledge that we will have no further obligation to provide the Platforms to you or access to any of your account information. We will not be liable to you or to any third party for the suspension or termination of the Loyalty Program, your account, or your access to or use of the Platforms. Upon any termination, discontinuation or cancellation of the Loyalty Program, your account, or your access to or use of the Platforms, all provisions of these ToS which by their nature should survive will survive, including, without limitation, section I (Ownership of the Roti App), section J (Release of Liability & Disclaimer), and section L (Limitation of Liability and Exclusions).

I.           Ownership of the Roti App

The Platforms are protected by copyright, trademark, and other laws of the United States and foreign countries. Roti, Thanx and its licensors exclusively own all right, title and interest in and to the Platforms, including all associated intellectual property rights. Any feedback, comments, and suggestions you may provide for improvements to the Services (“Feedback“) is given entirely voluntarily and, even if designated as confidential, will not create any confidentiality obligation and Roti, Thanx, and our service providers will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

J.           Release of Liability & Disclaimer

You acknowledge and agree that Thanx and its service providers are not a party to any disputes between you and Roti and Thanx has no liability with respect to such disputes, including disputes relating to Reward Opportunities or Rewards.

You hereby release Thanx, and Thanx’s respective affiliates, officers, directors, employees, agents, successors, assigns, and service providers (including AXP and any other payment card networks and payment processors) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with your use of the Platforms and any disputes between you and Roti.

In short, this means that you release Thanx and other service providers involved in providing services to Thanx from any and all claims you may have arising out of disputes with Roti, or as a result of your use of the Platforms. As used herein “AXP” means American Express Travel Related Services Company, Inc. AXP provides certain AXP crediting services to Thanx and AXP is a third-party beneficiary of the foregoing release.

THE PLATFORMS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROTI AND ITS SERVICE PROVIDERS (INCLUDING THANX, PAYMENT CARD NETWORKS, AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ROTI AND ITS SERVICE PROVIDERS (INCLUDING THANX, PAYMENT CARD NETWORKS, AND PAYMENT PROCESSORS) DO NOT WARRANT THAT THE PLATFORMS WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS. THANX IS NOT RESPONSIBLE OR LIABLE TO YOU OR ROTI FOR ANY CLAIMS BETWEEN ROTI AND AN APPLICABLE END USER RELATED TO SUCH END USER’S USE OF THE PLATFORMS.

K.        Indemnification

You agree to indemnify, defend and hold Roti, its licensors, its current or future affiliated companies, its service providers (including payment card networks and payment processors), and Thanx, its licensors, and any of its current or future affiliated companies and its service providers (including payment card networks and payment processors) and each of their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees, resulting from (1) any violation or breach of these ToS by you, (2) any activity related to access to or use of your account by you or any other person accessing or using your account, or (3) any activity related to your redemption of Rewards or Opportunities and participation in the Loyalty Program.

L.         Limitation of Liability and Exclusions

IF YOU PROVE THAT ROTI HAS IMPROPERLY DENIED YOU ANY REWARD (“REWARD DISPUTE”) AND ROTI PROVIDES YOU WITH SUCH REWARD OR A COMPARABLE SUBSTITUTE, THEN SUCH REWARD SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THE REWARD DISPUTE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROTI OR OUR SERVICE PROVIDERS (INCLUDING THANX, PAYMENT CARD NETWORKS, AND PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE LOYALTY PROGRAM OR THE USE OF OR INABILITY TO USE THE PLATFORMS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROTI’S AND OUR SERVICE PROVIDERS’ (INCLUDING THANX, PAYMENT CARD NETWORKS, AND PAYMENT PROCESSORS) TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

M.      Entire Agreement

These ToS, including all Reward Opportunity Terms provided in connection with Rewards Opportunities, and other Merchant Offerings, comprise the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, written or oral, between the Parties regarding Roti’s Loyalty Program.

11.   OPEN AREAS AND FRANCHISEE AREAS

Most areas of the Website may be accessible without password access control ("Open Areas"). However, some areas of the Website are strictly reserved for Franchisee use and access only ("Franchisee Areas"). You agree to not attempt to gain unauthorized entry into the Franchisee Areas.

A.        Further Limitations on Use - Franchisee Areas

The materials contained in the Franchisee Areas include proprietary information and trade secrets of Roti that are not authorized for general distribution and that have substantial value due to their contents and secrecy (the "Franchisee Area Materials"). In addition to the restrictions set forth in other provisions of these Terms and the Roti® Franchise Agreement, you agree to:

1. Maintain the security and confidentiality of the Franchisee Area Materials using at least the same standards of care you use to maintain the confidentiality of your own proprietary information and trade secrets, but in no case less than a commercially reasonable standard;
2. Notify Roti immediately upon the discovery or suspicion of compromise of the confidentiality of any Franchisee Area Materials or any use of the Franchisee Areas Materials in violation of these Terms; and
3. Not disclose the Franchisee Area Materials or any information contained therein to any third parties, including, without limitation, any employees or other agents, except as specifically authorized by Roti in writing.

Subject to all the restrictions set forth in these Terms, including in the section above entitled "License, Limitations on Use, and Website Access," you may download a single copy of the Franchisee Area Materials on the Website provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the Franchisee Area Materials in a manner that would compete with or damage the goodwill associated with Roti; (c) you make no modifications to the Franchisee Area Materials; and (d) strictly control and limit dissemination and use of the Franchisee Area Materials, in accordance with any restrictions set forth in the Franchisee Area Materials and/or in any and all Additional Terms.

12.   INFRINGEMENT

If you believe that any third party has violated these Terms or infringed any of Roti’s rights in the Website or the materials contained on the Website, including the Franchisee Area Materials, please follow the instructions below to contact our designated agent.

13.   REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Users may post or communicate reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on or through the Website (collectively, the "Submission"). You agree not to post e-mails or submit to or publish through the Website or otherwise make available on the Website any content (including any Submission), or act in a way that, in our opinion:

A.        is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, pornographic, racist, abusive, harassing, threatening, offensive, stalking, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties or objectionable;

B.        includes programs which contain or consist of software viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

C.       amounts to political campaigning, commercial solicitation, "pyramid" or similar scheme, surveys, chain letters, junk email, mass mailings, or any form of "spam" (commercial or otherwise);

D.       seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or otherwise;

E.        infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

F.         violates any law or the Terms, or may be considered to violate any law or the Terms;

G.       transmits confidential or proprietary information under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement) or otherwise contains unsolicited proprietary ideas;

H.       advocates or promotes illegal activity;

I.           impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

J.           advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Website or by Roti;

K.        solicits funds, advertisers or sponsors;

L.         involves spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Roti's personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, forging any TCP/IP packet header or any part of the header information in any e-mail or other posting, or using a false e-mail address;

M.      disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;

N.       copies any other pages or images on the Website except as specifically authorized in writing by Roti;

O.       includes MP3, audio, or other media format files;

P.        amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites);

Q.       disobeys any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website; or

R.        contains links to other sites that contain the kind of content, which falls within the descriptions set forth in (A) through (Q) above.

Roti reserves the right (but not the obligation) to review, remove or edit such content or any Submission which Roti in its sole discretion considers illegal, offensive, in violation of a third-party right or otherwise in violation of these Terms. Notwithstanding the foregoing, nothing contained herein shall be construed as granting you or any other party the right to view Roti’s products or Website in a legal manner and free from offensive content. Moreover, you acknowledge and agree that we do not regularly review posted Submissions or other content and that we are not under any obligation to control or monitor any Submissions published by you or any other Website users. Roti takes no responsibility and assumes no liability for the content of any Submission made or posted by you or any third party. Roti reserves the right to terminate your access to any or all of the Website and the ability to post, transmit, or communicate a Submission at any time, without notice, for a violation of these Terms. Roti also reserves the right at all times to disclose any information as Roti deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Website in Roti’s sole discretion. Always use caution when giving out any personally identifiable information in any Submission. Roti does not control or endorse the content, messages or information found in any Submission and, therefore, Roti is not liable or responsible with regard to the content of any Submissions.

If you do post or make a Submission, you hereby grant to Roti a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use your Submission (including, without limitation, to modify, publicly perform, publicly display, broadcast, reproduce, and distribute such Submission) solely to display on the Website in connection with the product or service subject to the review without the requirement to make payment to you or to any third party or the need to seek any third party permission. Roti will not be required to treat any Submissions as confidential and will not be liable for any business ideas submitted (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Roti products, services, or operations. You hereby grant Roti and Franchisees the right to use the name that you submit in connection with such Submission for its display on the Website in connection with the Submission. You represent and warrant that you own or otherwise control all of the rights to the Submission.

14.   EMAIL AND OTHER COMMUNICATIONS AND SIGNATURES

In connection with your use of the Website, you consent to Roti recording any communication, electronic or otherwise, between you and Roti and retaining any Submission you make while using the Website. Please do not send any time-sensitive Submission or other communications by e-mail to Roti as we cannot be responsible for responding to any such communications.

Further, visiting the Website, sending us emails, and completing online forms, or signing up for promotional programs online or via a mobile device all constitute electronic communications between you and Roti. By engaging in these activities, you consent to receive such electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, text message, and on the Website satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

15.   CONSENT TO TELEPHONE COMMUNICATIONS AND RECORDINGS

A.        Recording of Communications 

You acknowledge and agree that all communications between you and Roti may be recorded or monitored for quality assurance or other purposes subject to applicable law.

B.        Consent to Telephone Communications

By providing us a telephone number, you agree to these Terms and consent to receive telephone communications from us, including via automated telephone dialing systems or pre-recorded messages, even if your number is on a national, state, or local do-not-call list. For marketing communications, consent is not required for purchase. If you register for our text messaging program, you can expect to receive up to 6 autodialed text messages per month. You further agree that, for any number you provide to us, you are the subscriber or regular user of such number or have authority to do so from the subscriber or regular user of such number. 

C.       Opting Out of Non-Marketing Communications

To discontinue receiving non-marketing communications via text, respond “STOP” via text message to the number from which you received a text. If you successfully opt out, you will be sent a confirmation message. If you have followed this procedure and have not received a confirmation message, please email privacy@roti.com or call 678-272-4247 to complete the opt-out procedure. To discontinue other types of non-marketing phone communications via automated telephone dialing system or pre-recorded message, please email privacy@roti.com with your name, number, and a clear statement that you no longer wish to receive any telephone communications from or on behalf of Roti using an automatic telephone dialing system or pre-recorded message. You agree the foregoing are the exclusive ways to opt out of non-marketing telephone communications from us, and that we may resume communications if the number is re-provided to us after your opt-out. These opt out procedures will only opt you out of non-marketing telephone communications from an automated telephone dialing system or that use a pre-recorded message.

16.   MOBILE TERMS AND CONDITIONS

A.        Marketing Text Messages

By providing your mobile phone number, you opt-in and consent to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders, etc.) from Roti, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided, or was provided on your behalf, when signing up or any other number that you designate. Consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Standard message and data rates may apply. If you have any questions about your text or data plan, contact your mobile phone carrier.

Message frequency may vary. Roti reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of messages sent. Roti also reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Roti, its service providers, and the mobile phone carriers supported by the program are not liable for delayed or undelivered messages. By opting in and consenting to receive marketing text messages, you agree to our Terms of Use and Privacy Policy.

Currently, Roti does not use any text messaging services.

If you are experiencing any problems, please visit https://roti.com/pages/contact and submit the form with details about your problem or your request for support, or email help@roti.com.

B.        Florida Law

For purposes of compliance with the Florida Telemarketing Act and the Florida Do Not Call Act, you agree that at the time we message you, we may assume that you are not a Florida resident or visitor unless, at the time of your opt-in to the program, (1) any contact address you provided is located in Florida; (2) the area code for the phone number used to opt in to the program is a Florida area code; or (3) you have affirmatively advised us in writing that you are a Florida resident or visitor by sending notice to us at privacy@roti.com. You agree that the requirements of the Florida Telephone Solicitation Act, the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident or visitor, if you do not meet these criteria. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including, but not limited to, responses to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including, but not limited to, Sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable. In addition, you acknowledge and agree that your receipt of one or more text messages from us does not constitute any “injury” to you. You further agree to text “STOP” to us to the extent you no longer want to receive text messages from us, and you waive any claim that any response other than texting the word “STOP” constitutes a valid opt-out from text messages.

In the event that you are seeking to enforce any provision of the Florida Telephone Solicitation Act, Do Not Call Act, or Telemarketing Act in arbitration, those laws shall apply to you only to the extent that you can provide two forms of evidence of domicile in Florida (e.g., driver’s license and utility bill) and documentary evidence that you received the messages while in Florida (e.g., call records and evidence of date of travel.) Your failure to produce such evidence in arbitration may be deemed sufficient to rebut any presumption arising from the fact that a call or text was made to a Florida area code.

D.       Survival

Our right to contact you as described in these Terms survives the termination of the Terms and your relationship with Roti.

17.   INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Roti, its affiliates and subsidiaries, and all of their respective managers, members, directors, officers, agents, employees, suppliers, vendors, Franchisees, and service providers from and against any and all claims, actions, judgments, settlements, losses, damages, liabilities, fines, penalties, costs, and expenses, including reasonable attorney's fees, related to or arising out of (1) your use or misuse of the Website; (2) your breach of the Terms, including, but not limited to, your Submissions, the content you make available through the Website, or your use of any information obtained from the Website; and (3) claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party related to, or arising from, your breach of these Terms or your use, authorized or unauthorized, of the Website. This provision does not apply to personal injury and only indemnifies for the specific situations stated.

18.   THIRD-PARTY CONTENT AND LINKS

You expressly acknowledge that the Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or contain links to third-party services or websites, including through third-party advertising, not controlled, operated or owned by Roti. Unless otherwise expressly provided by Roti, Roti provides no endorsement, representation, warranty, or guarantee of any kind regarding the products, services, or content, or appropriateness, accuracy, or completeness of such content of any third-party websites. We do not make any warranties as to the security of any information (such as credit cards and other sensitive information) you might provide or transmit to any such third-party websites. You acknowledge and agree that Roti is not responsible for any third-party website or content, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Third-party websites are governed by their own respective terms of use and privacy policy and are not subject to these Terms.

19.   DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING THE INFORMATION AND MATERIALS CONTAINED THEREIN, ARE PROVIDED BY ROTI TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. ROTI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ROTI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE; WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE; AND CUSTOM, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITATION TO THE FOREGOING, ROTI PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ROTI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION OR CONTENT ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES AND ADDITIONS AS TO THE CONTENT MAY BE MADE PERIODICALLY. ROTI MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

20.   LIMITATION OF LIABILITY

ROTI, ITS AFFILIATES AND SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, FRANCHISEES AND/OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES RELATED TO, OR ARISING FROM, THE USE OR PERFORMANCE OF THE WEBSITE OR THE DELAY OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ROTI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO BE CLEAR, THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE WEBSITE AND DOES NOT APPLY TO PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY TO THE EXTENT DAMAGES TO A RESPECTIVE NEW JERSEY RESIDENT ARE THE RESULT OF ROTI’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S), OR INTENTIONAL MISCONDUCT.

21.   TERMINATION

Roti reserves the right, in its sole discretion, to terminate or suspend any password, account, access, or ability to use the Website at any time without notice. Upon such termination, all rights, licenses, consents, and authorizations granted to you under these Terms will cease immediately, and you agree that you will immediately (a) discontinue use of the applicable Website and (b) discontinue use of and destroy or return to Roti any Roti materials, including the Franchisee Area Materials (unless otherwise agreed to in writing by Roti).

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, ROTI MAY, IN ITS SOLE DISCRETION, DIRECTLY OR INDIRECTLY, IMMEDIATELY AND WITHOUT ADVANCE NOTICE SUSPEND, TERMINATE OR OTHERWISE DENY YOUR ACCESS TO OR USE OF ALL OR ANY PART OF THE WEBSITE, AND ROTI WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY SHOULD IT EXERCISE SUCH RIGHTS.

22.   INVESTIGATIONS

Roti may seek to gather information from any user of the Website who is suspected of violating the Terms, and from any other user of the Website. Roti may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If Roti believes, in its sole discretion, that a violation of the Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Roti will fully cooperate with any law enforcement authorities or court order requesting or directing Roti to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate the Terms.

YOU WAIVE YOUR RIGHTS AND WILL HOLD HARMLESS ROTI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ROTI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ROTI OR LAW ENFORCEMENT AUTHORITIES.

23.   AGENT FOR NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT

Roti respects the intellectual property rights of copyright owners. To assist copyright owners, Roti has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with the Website. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address:

Attn: Copyright Agent

Roti Restaurant Group, LLC

10 Glenlake Parkway

North Tower, Suite 300

Atlanta, Georgia 30328

E-mail: legalnotices@roti.com

The written notice must comply with the Digital Millennium Copyright Act of 1998 (“DMCA”) and include the following information:

A.        Your address, telephone number and e-mail address;

B.        Identification of the copyrighted work (or works) that you claim has been infringed;

C.       A description of the material that you claim is infringing the copyrighted work;

D.       A clear description of where the infringing material is located on the Website, including its URL, so that Roti can locate the material;

E.        A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

F.         A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

G.       An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

24.   ASSIGNMENT

We may assign the Terms and/or our rights and obligations under the Terms, without notice, to (i) any affiliate of Roti, or (ii) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of Roti. This Agreement may not be assigned by you without our prior written consent.

25.   RESOLVING DISPUTES

In the unlikely event that a problem occurs with respect to your use of the Website and these Terms, Roti would like to address your concerns without requiring a formal legal case or proceeding. Before filing a claim against Roti, we ask that you try to resolve the dispute informally by contacting our Customer Service Department via email at help@roti.com or by mail at 10 Glenlake Parkway, North Tower, Suite 300, Atlanta, GA 30328. We will attempt to resolve the dispute informally by contacting you via email, by phone, or by mail.

26.   AGREEMENT TO ARBITRATE DISPUTES

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

A.        Claims Subject to Arbitration

Except as noted below, you and Roti agree to resolve any controversy with or involving Roti, including those arising out of the Website, Roti’s business, services, products, marketing programs, interactions between you and Roti, or the Terms, through final and binding arbitration. Your agreement to arbitrate such controversies is retroactive in effect and applies to all controversies regardless of whether they accrued before or after these Terms went into effect. Consistent with your agreement to resolve all controversies via arbitration, the arbitrator shall have exclusive authority to resolve all issues of arbitrability, including, but not limited to issues of scope and enforceability.

B.        Claims Excluded from Arbitration

The following claims are excluded from arbitration:

1. Any disputes related to Roti's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights).
2. Any claims that applicable law requires to be excluded.

C.       About Arbitration

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Arbitrator’s decisions are generally subject to much more limited review than a court decision.

D.       Applicable Rules

Because the Terms memorialize a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Any arbitration with us will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“Consumer Rules”) of the American Arbitration Association (collectively the “AAA Rules”), as modified by the Terms, which govern in the event of a conflict. The rules and fee information are available at www.adr.org or by calling 1-800-778-7879. If your claim exceeds $150,000, the arbitration will be conducted by a panel of three arbitrators, unless all parties agree otherwise.

E.        Costs of Arbitration

If the Consumer Rules apply, we will bear the cost of any filing fees and arbitrator’s fees for claims up to $75,000. You are responsible for all other additional costs, including expert witness fees and attorney’s fees, unless applicable law requires otherwise. For any claims exceeding $75,000 or non-consumer claims, you will be responsible for paying administrative costs and fees as provided in the applicable arbitration rules.

F.         Location of Arbitration and Applicable Law

Arbitration under the Terms shall be held in Fulton County, Georgia, or any other location to which we mutually agree, subject to Georgia law. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the Northern District of Georgia (Atlanta Division) to resolve your claim, unless that court does not have subject matter jurisdiction, in which case the dispute will be resolved in Fulton County State or Superior Court. You waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum; or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

G.       No Class, Collective, or Joint Actions

Absent our written consent, you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, collective actions, class actions, private attorney general actions, and consolidated proceedings of any kind are not permitted.

H.       Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.

I.           Arbitrator’s Decision

All awards shall be reasoned awards and the arbitrator’s findings, reasoning, decision, and award shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to the claims. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction on you or on us or contains a monetary award in excess of $250,000, the award shall be reviewable on appeal initiated within thirty (30) days of the award and shall not be considered final until after the time for filing the notice of the appeal has expired. The appeal shall be governed by the AAA Optional Appellate Arbitration Rules; to the extent they are not inconsistent with the Terms and shall be conducted by a panel of three new arbitrators selected to hear the appeal under the procedure for appointment from the national roster, except that the AAA shall not unilaterally appoint the arbitrators for the appeal, unless you and we so agree. Appeals must be initiated within thirty (30) days of receipt of the underlying award, by filing a Notice of Appeal with any AAA office. The decision of the panel shall be by majority vote. Such review shall reconsider anew any aspect of the initial award requested by the appealing party. Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. If the award does not impose an injunction on you or on us or contains a money award in excess of $250,000, then the award shall not be appealable and shall only be subject to such challenges as would otherwise be permissible under the AAA.

J.           Alternative Arbitrator Selection

Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under the agreement to arbitrate as written – in whole or in part and for any reason whatsoever or for no reason – this agreement to arbitrate shall not fail or be invalidated as a result. Rather, in that instance, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce this agreement as written. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or arbitrator(s) that will enforce the agreement to arbitrate as written.  Should the court decline or refuse, then and only then and within thirty (30) days of a final and non-appealable decision on the matter from such court, the parties shall each respectively pick one arbitrator, and those two arbitrators shall then, by mutual agreement and within thirty (30) days of the selection of the second of them, select a third arbitrator. The third arbitrator so selected shall then arbitrate the claim as the sole arbitrator, except with respect to a claim for $150,000 or greater, in which case all three arbitrators so selected shall arbitrate the claim together, with the award and all pre-award decisions made by majority vote. In the case of any arbitration not administered by the AAA, the arbitrator(s) shall still be bound by all applicable provisions of this agreement to arbitrate and the Federal Arbitration Act. They further shall administer and conduct the arbitration under the applicable AAA Arbitration Rules, to the extent such rules may be practicably applied to an arbitration not administered by the AAA.

K.        Your Right to Opt-out of Agreement to Arbitrate

You can decline this agreement to arbitrate by timely emailing legalnotices@roti.com and providing the requested information as follows: (1) your name; (2) the URL of the arbitration provision; (3) your address; (4) your phone number; and (5) a clear statement that you wish to opt out of this arbitration provision in the Terms. To be effective, the opt-out notice must be emailed no later than thirty (30) days after the date the Terms become effective. Please note that you will continue to be bound by any older arbitration provision you did not opt out of and any arbitration provision that otherwise governs your relationship with Roti. 

L.         Severability

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the “NO CLASS ACTIONS” provision is found unenforceable, this entire agreement to arbitrate shall be null and void (though the jury trial waiver will remain in full force and effect).

M.      Survival

This arbitration provision survives the termination of the Terms and your relationship with us.

27.   GOVERNING LAW AND JURISDICTION

The Website (excluding linked web sites) is controlled by Roti from its offices within the United States. Roti makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in locations other than the United States.

If you are using or accessing the Website from locations other than in the U.S., you are responsible for compliance with the laws of Georgia and the United States, as well as local laws in countries from which you are accessing the Website, if and to the extent applicable.

In any circumstances where the arbitration agreement permits the parties to litigate in court, the Terms shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue in Georgia, in each case located in the City of Atlanta, County of Fulton, Georgia, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

28.   AMENDMENT

We reserve the right to make changes, modifications, amendments, and/or updates to the Website and these Terms at any time with or without prior notice and for any reason. Changes to these Terms shall be effective when posted. You are responsible for reviewing these Terms, including, without limitation, the Privacy Policy and the Additional Terms, each time you use or access the Website. YOU AGREE THAT THE CONTINUED USE OF THE WEBSITE IS AN ACKNOWLEDGMENT AND CONSENT TO ANY AND ALL TERMS AND CONDITIONS CONTAINED IN THE TERMS, INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICY AND THE ADDITIONAL TERMS, AS EACH MAY BE AMENDED FROM TIME TO TIME BY ROTI.

29.   WAIVER

Our failure to exercise or enforce any rights or provisions of these Terms, including, without limitation, the Privacy Policy and/or the Additional Terms, shall not constitute a waiver of such rights or provisions.

30.   SEVERABILITY

The provisions of these Terms, the Privacy Policy, and the Additional Terms expressly identified are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the Terms, the Privacy Policy, or the Additional Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

31.   QUESTIONS

Questions or comments regarding the Website or the Terms, including the Privacy Policy and/or the Additional Terms, should be directed to:

Attn: Webmaster

Roti Restaurant Group, LLC

Corporate Headquarters

10 Glenlake Parkway

North Tower, Suite 300

Atlanta, Georgia 30328

E-mail: help@roti.com

Effective Date: April 30, 2026