Website Terms of Use

Last Updated: September 4, 2026

1. Acceptance of Website Terms of Use

Olo Inc. and, for any Website operated by an Olo affiliate, that affiliate (“Olo,” “we,” “us,” or “our”) operate www.olo.com and any other Olo corporate websites or digital channels that link to these Website Terms of Use, including marketing content, resources, forms, event and webinar registrations, newsletters, blogs, demonstration requests, chatbot functionality, and other website features made available through those websites (collectively, the “Website”). These Website Terms of Use (as amended from time to time, these “Terms”) govern your access to and use of the Website. By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, you may not use the Website. Your use of the Website does not create a customer, merchant, product, or other commercial relationship with Olo. You may use this Website only if you have legal capacity to agree to these Terms.

Separate Product Terms and Additional Terms

These Terms apply only to the Website. They do not govern any Olo account, mobile application, ordering or payment functionality, merchant website or digital channel, Olo Pay service, application programming interface, customer portal, or other Olo product or service governed by separate terms. If you access or use any such product or service through a link or feature on the Website, the terms presented for that product or service will govern that access or use. Additional terms may also apply to particular Website features, events, promotions, downloads, or other activities (“Additional Terms”). If Additional Terms conflict with these Terms, the Additional Terms will control for the applicable feature or activity. Olo’s Privacy Notice describes how Olo collects, uses and discloses personal information through the Website and certain related interactions. The Privacy Notice is provided as a disclosure of Olo’s privacy practices and does not create contractual rights beyond those provided under applicable law.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OLO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (ii) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (iii) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

2. Website Communications and Marketing

Electronic Communications. If you submit a form, request a demonstration, register for an event or webinar, download content, subscribe to a newsletter or other content, use the chatbot, or otherwise communicate with Olo through the Website, Olo may respond and send communications reasonably related to your request or interaction, including confirmations, reminders, updates, and follow-up materials. Where you have opted in or as otherwise permitted by applicable law, Olo may also send marketing or promotional communications. You may unsubscribe from marketing emails using the instructions included in those communications.

You consent to receive notices and communications relating to the Website electronically, and you agree that electronic communications from Olo satisfy any requirement that such notices be in writing, subject to applicable law.

Marketing Text Messages. If you separately opt in to receive marketing or promotional text messages from Olo, you consent to receive those messages at the phone number you provide, including messages sent using automated technology. Consent is not a condition of purchasing goods or services. Message frequency will vary. You may revoke consent at any time by replying “STOP” or through any other reasonable method.

Mobile Message Terms. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. After you reply “STOP,” Olo may send one non-promotional message confirming your opt-out request. You may continue to receive messages from a different Olo messaging program if you separately consented to that program.

Information You Provide. Information and materials you submit through the Website must be accurate, current, and complete. You may not provide false or misleading information, impersonate another person, submit information on another person’s behalf, or disclose confidential, sensitive, or proprietary information that you are not authorized to provide. Olo may request reasonable information to verify your identity, authority, or eligibility for a Website feature or activity.

Olo may monitor activity on the Website as reasonably necessary to operate, secure, and improve the Website and to prevent fraud or misuse, as described in Olo’s Privacy Notice and permitted by applicable law. Nothing in these Terms restricts Olo’s ability to comply with applicable law, legal process, or governmental, court, or law-enforcement requests relating to the Website or information provided to or collected by Olo.

3. Forms, Demonstrations, Events, and Downloads

Forms and Requests. The Website may allow you to request information, demonstrations, consultations, downloads, or other materials. Submission of a form or request does not obligate Olo to respond, provide a demonstration, enter into an agreement, or make any product or service available.

Demonstrations and Sales Discussions. Any demonstration, consultation, proposal, estimate, or other sales communication is informational and preliminary unless incorporated into a separate written agreement signed by Olo and the applicable customer. Website content does not constitute an offer to sell or provide any Olo product or service.

Events and Webinars. Event and webinar registrations may be subject to eligibility requirements, capacity limits, schedules, codes of conduct, cancellation terms, or other Additional Terms presented during registration. Olo may modify, reschedule, or cancel an event or webinar and will provide notice where reasonably practicable. Olo may photograph, record, or transcribe an event, webinar, meeting, or related interaction. Olo will provide applicable event-specific notice and obtain consent where required by applicable law.

Downloaded Materials. Unless Additional Terms state otherwise, Olo grants you a limited, revocable, nonexclusive, nontransferable, and non-sublicensable license to download and use materials made available through the Website solely for your internal informational and lawful business purposes. You may not sell, redistribute, publicly display, modify, or create derivative works from downloaded materials without Olo’s prior written consent. Olo may revoke the license or require you to cease using downloaded materials if you violate these Terms or applicable Additional Terms. All rights not expressly granted are reserved by Olo and its licensors.

Chatbot. The Website may provide chatbot functionality for general information and assistance. Chatbot responses may be generated using automated technology, may be incomplete or inaccurate, and should be independently evaluated before you rely on them. Do not submit confidential, sensitive, financial, health, government-identification, or other information that you are not authorized to disclose through the chatbot.

4. Submissions and Feedback

Submissions. The Website may allow you to submit information, questions, comments, materials, or other content (“Submissions”). You retain ownership of your Submissions, subject to the rights granted in these Terms.

By providing a Submission, you grant Olo and its affiliates and service providers a nonexclusive, worldwide, royalty-free, transferable, and sublicensable license to host, store, reproduce, modify, display, distribute, and otherwise use the Submission as reasonably necessary to respond to you, administer the applicable Website feature or activity, operate and improve the Website, and protect Olo and its users.

You represent and warrant that you own or control all rights necessary to provide each Submission and grant the rights described in these Terms and that your Submission is accurate, lawful, does not infringe or violate any third-party right, and does not contain malicious code or content that is defamatory, obscene, threatening, harassing, discriminatory, deceptive, or otherwise objectionable.

Feedback. If you provide suggestions, ideas, comments, or feedback about Olo, the Website, or Olo’s products or services (“Feedback”), you grant Olo a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right to use, disclose, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose without restriction, attribution, or compensation.

5. Third-Party Links, Services, and Content

The Website may contain links to or display content from websites, services, applications, platforms, resources, products, or content provided by third parties (“Third-Party Services”). Third-Party Services are provided for convenience and informational purposes only.

Olo does not control, endorse, sponsor, approve, or make any representation or warranty regarding Third-Party Services merely because they are linked to, referenced by, or displayed through the Website.

Your use of a Third-Party Service is at your own risk and may be subject to the third party’s terms, privacy notice, and other policies. You should review those terms and policies before using the Third-Party Service.

Any interaction, communication, transaction, or dispute between you and a third party is solely between you and that third party. Olo is not responsible for the third party’s content, products, services, availability, accuracy, security, privacy practices, performance, or conduct.

Links to Olo Products and Services. A link from the Website to an Olo product, service, account, portal, application, ordering experience, payment service, API, or support resource does not make that product or service part of the Website. Separate terms presented for that product or service will apply, except that these Terms will apply if the applicable product or service links to or expressly states that it is governed by these Terms.

Third-Party Content. The Website may display names, logos, testimonials, case studies, quotations, data, or other materials supplied by customers, partners, speakers, authors, or other third parties. Such materials remain subject to the rights of their respective owners and do not necessarily reflect Olo’s views.

Olo may remove or disable links to or content from Third-Party Services at any time without notice. Olo has no obligation to monitor or maintain any Third-Party Service.

If a Third-Party Service provides Olo with information about you, Olo will handle that information as described in Olo’s Privacy Notice.

To the maximum extent permitted by applicable law, Olo will not be responsible or liable for any loss or damage arising from your access to, use of, or reliance on a Third-Party Service.

6. Suspension, Termination, and Website Changes

These Terms apply while you access or use the Website. You may terminate your agreement to these Terms at any time by ceasing all use of the Website. Your right to use the Website terminates automatically if you fail to comply with these Terms.

Olo may refuse, suspend, restrict, or terminate your access to all or any part of the Website for any lawful reason, including a violation of these Terms, suspected fraud or misuse, a security risk, a legal requirement, or a risk to Olo, another user, or a third party. Olo may report suspected fraudulent, abusive, or illegal activity to appropriate authorities.

Upon termination, all licenses granted to you under these Terms will immediately terminate, and you must cease use of the Website and any downloaded materials. Provisions that by their nature should survive will survive, including provisions concerning intellectual property, Submissions, Feedback, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, arbitration, and general terms.

Olo may modify, suspend, or discontinue the Website or any part of it at any time, with or without notice. To the maximum extent permitted by applicable law, Olo will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

7. Your Access to and Use of the Website

License Grant. Subject to your compliance with these Terms, Olo grants you a limited, revocable, nonexclusive, non-sublicensable, and nontransferable license to access and use the Website for lawful personal or internal business purposes, including to learn about Olo and its products and services.

Using the Website. You are responsible for your use of the Website and any Submission you provide. You represent and warrant that you will not use the Website for a fraudulent, unlawful, abusive, or unauthorized purpose. Olo and its service providers may collect and use statistical and usage data relating to the Website as described in Olo’s Privacy Notice and permitted by applicable law.

Prohibited Uses. You agree not to directly or indirectly use the Website, or permit another person to use the Website: (i) for an unlawful, fraudulent, deceptive, or abusive purpose; (ii) to violate applicable law or another person’s rights; (iii) to harass, threaten, defame, harm, or discriminate against another person; (iv) to submit false, misleading, infringing, unlawful, or unauthorized content or information; (v) to upload or transmit malicious or destructive code; (vi) to collect or track another person’s personal information without authorization; (vii) to spam, phish, pharm, pretext, or conduct similar deceptive activity; (viii) to interfere with, circumvent, probe, or test the security, integrity, or operation of the Website or any related system without Olo’s prior written authorization; (ix) to overburden, attack, damage, disrupt, or impair the Website or another user’s access to it; (x) to gain unauthorized access to any system, account, data, or network; (xi) to reverse engineer, decompile, disassemble, reconstruct, or attempt to discover source code, algorithms, trade secrets, or technology underlying the Website; (xii) to create a competing product or service or otherwise commercially exploit the Website or its content; or (xiii) to assist another person in doing any of the foregoing. Olo may investigate suspected violations, restrict or terminate access, and report suspected unlawful activity to appropriate authorities.

Prohibited Content Uses. Except as expressly permitted by these Terms or with Olo’s prior written consent, you may not: (i) monitor, gather, copy, index, scrape, crawl, extract, download, or distribute Website content using any robot, bot, spider, scraper, crawler, data-mining tool, automated device, or systematic manual process, except for standard search-engine indexing that complies with Olo’s robots.txt instructions and does not burden or disrupt the Website; (ii) frame or mirror any part of the Website; (iii) remove, obscure, or alter any copyright, trademark, or other proprietary notice; (iv) use Website content in a manner that implies Olo’s or its licensors’ endorsement, sponsorship, or affiliation; (v) modify Website content; or (vi) copy, reproduce, archive, sell, license, rent, create derivative works from, publish, publicly perform, display, distribute, transmit, or otherwise exploit Website content.

Access Requirements. You are responsible for obtaining and maintaining the devices, software, internet access, and other connectivity needed to access the Website and for any related charges or fees. Olo does not guarantee that the Website will be compatible with every device, browser, operating system, or network.

Artificial Intelligence and Machine Learning. You may not use Website content or data to train, develop, test, validate, improve, or operate any artificial intelligence, machine-learning, or automated decision-making model, system, or service.

Security. You may not attempt to discover vulnerabilities in, bypass authentication or security measures for, or gain unauthorized access to the Website or any related system, network, account, or data. If you discover a suspected vulnerability, you must promptly report it to Olo and allow Olo a reasonable opportunity to address it before public disclosure, except where disclosure is required by law.

Advertising and Personalization. The Website may display advertising or personalized content based on information described in Olo’s Privacy Notice. Olo does not endorse products, services, or content offered by third-party advertisers merely because they appear on the Website. Please review Olo’s Privacy Notice for information about advertising and personalization choices.

Linking to the Website. You may link to publicly available pages of the Website in a lawful and fair manner that does not damage or take advantage of Olo’s reputation or suggest any endorsement, sponsorship, approval, or affiliation that Olo has not authorized in writing.

You may not establish a link from a website or service that is unlawful, deceptive, defamatory, obscene, or otherwise objectionable, frame the Website, or create a link that bypasses access controls. Olo may withdraw linking permission at any time.

Olo may establish technical, access, use, and storage limits for the Website. Olo has no obligation to store or retain any Submission, chatbot conversation, form response, or other content except as described in Olo’s Privacy Notice or required by applicable law.

The Website is controlled and operated from the United States. The Website or certain features may be unavailable in some locations. If you access the Website from outside the United States, you are responsible for complying with applicable local law.

8. Intellectual Property Rights

You acknowledge and agree that Olo and its licensors own all right, title, and interest, including all copyrights and other intellectual property and proprietary rights, in and to the Website, the technology and software underlying the Website, all content, features, functionality, designs, interfaces, graphics, text, data, compilations, and materials made available through the Website, and all names, logos, trade names, service marks, and other trademarks used or displayed through the Website (collectively, “Olo IP”). All goodwill generated from the use of the Olo Trademarks included in the Olo IP will inure to Olo’s exclusive benefit. Third parties retain ownership of their respective content displayed through the Website.

Unless otherwise indicated, downloadable or printable information or materials available through the Website are owned by Olo or its licensors. You may not copy, reproduce, modify, adapt, translate, distribute, publicly display, publicly perform, publish, transmit, create derivative works from, sell, license, rent, lease, reverse engineer, decompile, disassemble, or otherwise exploit any Olo IP except as expressly permitted by these Terms or with Olo’s prior written consent. You also may not use images, graphics, or audiovisual content separately from their accompanying text or context; remove, obscure, or alter any copyright, trademark, or other proprietary notice; or use automated means to access, copy, or collect information from the Website.

Except for the limited licenses expressly granted in these Terms, Olo and its licensors reserve all rights in and to the Website and Olo IP. No right, title, or interest in the Website or Olo IP is transferred to you.

OLO Inc., OLO, the Olo Inc. logo, and all other names, logos, trademarks, service marks, and icons identifying Olo and its products or services are proprietary marks of Olo (collectively, “Olo Trademarks”). You may not use any Olo Trademark without Olo’s prior written permission, including in a manner likely to cause confusion, dilute the Olo Trademarks, disparage Olo, or imply Olo’s sponsorship, endorsement, or affiliation. Other names, logos, products, services, and company names mentioned on the Website may be trademarks or service marks of their respective owners. If you believe content displayed on the Website infringes your trademark rights, you may submit written notice to notices@olo.com identifying the trademark, the allegedly infringing content, and your contact information.

9. Website Content and Informational Materials

Website content is provided for general informational and marketing purposes. It describes Olo, industry topics, and Olo products and services, but does not constitute a product offer, commitment, representation concerning a specific customer deployment, or amendment to any agreement with Olo.

Olo may update, correct, remove, or change Website content at any time. Olo does not undertake to update Website content, and content may become incomplete, inaccurate, or outdated. Product descriptions, roadmaps, release information, availability, and specifications are subject to change and are governed only by an applicable written agreement with Olo.

Testimonials, case studies, examples, statistics, and descriptions of customer results reflect particular circumstances and do not promise or guarantee that another customer or user will achieve the same or similar results.

Any statements about anticipated products, features, functionality, performance, timing, or future events are subject to risks and uncertainties and may change. You should not rely on Website content as a commitment that Olo will deliver any product, feature, functionality, or result.

10. Social Media Posts

Subject to your compliance with these Terms, you may share links to, or use social-sharing functionality made available through, the Website to post limited excerpts, images, or other content that Olo makes available for sharing (“Shared Content”) on social-media accounts. Any sharing must (i) be lawful; (ii) preserve proprietary notices, attributions, and links included with the Shared Content; (iii) identify Olo as the source where reasonably practicable; (iv) not imply Olo’s endorsement, sponsorship, or affiliation unless Olo has agreed in writing; (v) not be false, misleading, defamatory, harassing, discriminatory, or otherwise unlawful; and (vi) comply with the applicable social-media platform’s terms and policies. Olo may revoke permission to share Shared Content at any time, and you will promptly remove Shared Content upon Olo’s written request.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OLO, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, THE “OLO PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO (i) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE; (ii) WEBSITE CONTENT, DOWNLOADS, SUBMISSIONS, CHATBOT RESPONSES, OR COMMUNICATIONS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) THIRD-PARTY SERVICES OR CONDUCT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF AN OLO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OLO PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED FIFTY U.S. DOLLARS (USD $50).

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of certain damages, so some exclusions and limitations in these Terms may not apply to you. Nothing in these Terms excludes, limits, or waives liability or any consumer right that cannot be excluded, limited, or waived under applicable law, including liability for fraud, willful misconduct, gross negligence, or personal injury to the extent such liability cannot be limited. In each case, the Olo Parties’ liability will be limited to the greatest extent permitted by applicable law.

12. Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, DOWNLOADS, CHATBOT RESPONSES, AND OTHER MATERIALS MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OLO PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE OLO PARTIES DO NOT WARRANT THAT (i) THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) WEBSITE CONTENT OR RESULTS WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (iv) DEFECTS WILL BE CORRECTED; OR (v) THE WEBSITE, DOWNLOADS, OR OTHER MATERIALS MADE AVAILABLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

13. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Olo Parties from and against third-party claims, losses, liabilities, damages, judgments, awards, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (i) your unlawful or unauthorized use of the Website; (ii) a Submission you provide; (iii) your violation of these Terms; or (iv) your violation of another person’s rights. Olo will provide reasonable notice of a claim subject to indemnification. Olo may, at your expense, assume exclusive control of the defense. If Olo does not assume the defense, you will use counsel reasonably acceptable to Olo. You will reasonably cooperate with Olo, and you may not settle a claim against an Olo Party without Olo’s prior written consent.

14. Modifications

Olo may change these Terms from time to time. Updated Terms will become effective on the date stated at the top of the updated Terms and will apply prospectively. If Olo makes a material change, Olo will provide notice through the Website, by email where Olo has your email address, or by another method required by applicable law before the change takes effect. Your continued use of the Website after the effective date constitutes acceptance of the updated Terms, except where applicable law requires affirmative consent. If you do not agree to the updated Terms, you must stop using the Website. Changes will not apply to a dispute that arose before the effective date of the updated Terms unless applicable law permits and the parties agree otherwise.

15. Governing Law; Jurisdiction

These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions, except to the extent applicable law requires otherwise. With respect to any disputes or claims not subject to arbitration, as set forth below, you and Olo submit to the personal and exclusive jurisdiction of the state and federal courts located in New York County, New York, subject to any non-waivable right to bring a proceeding in another forum.

16. Assignment

You may not assign or transfer these Terms without Olo’s prior written consent. Olo may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

17. No Professional Advice

Website content cannot replace the services of qualified professionals, and nothing on the Website should be treated as legal, financial, tax, medical, nutritional, or other professional advice. You are responsible for your decisions, actions, and results and for independently evaluating Website content before relying on it.

18. YOUR WAIVER OF INJUNCTIVE RELIEF

AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT, OPERATION, OR USE OF THE WEBSITE, WEBSITE CONTENT, SUBMISSIONS, FEEDBACK, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY OLO OR AN OLO LICENSOR. THIS PROVISION DOES NOT LIMIT ANY RIGHT TO RELIEF THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.

19. General

Entire Agreement. These Terms and any applicable Additional Terms constitute the entire agreement between you and Olo concerning the Website and supersede prior or contemporaneous agreements or communications concerning the Website. These Terms do not amend or supersede any separate agreement governing an Olo product or service.

No Waiver. Olo’s failure or delay in exercising any right or provision of these Terms will not constitute a waiver of such right or provision or any subsequent default or failure of performance. No waiver by Olo of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

Claims Deadline. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to the Website or these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred. This limitation period does not apply to claims or rights that cannot be limited by contract under applicable law. Any applicable limitation period will be tolled during the period in which the parties are required to participate in the pre-arbitration dispute resolution process described in the “Dispute Resolution by Binding Arbitration” section.

Force Majeure. Olo will not be liable for a failure or delay in performing an obligation under these Terms caused by events beyond Olo’s reasonable control, including natural disasters, acts of government, war, terrorism, civil disturbance, epidemic, pandemic, labor disruption, utility or network failure, cyberattack, or failure of a third-party service.

Notices. Olo may provide notices under these Terms by email, postal mail, posting through the Website, or another reasonable method. Notices to Olo must be sent to notices@olo.com or Olo Inc., Attn: Legal Department, Two Manhattan West, 375 Ninth Avenue, Suite 1210, New York, NY 10001 (the “Notice Address”).

Headings. The section titles and headings in these Terms are included for convenience only and have no legal or contractual effect.

20. CLASS ACTION WAIVER

YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION, SUBJECT TO SECTION (c) OF THE ARBITRATION AGREEMENT. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

21. JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

22. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial, local, or other governmental agencies, and such agencies can, if the law allows, seek relief against us on your behalf. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement to the extent applicable. If you are a consumer residing in a jurisdiction that prohibits mandatory pre-dispute arbitration or the waiver of class or representative proceedings, the applicable prohibition will control to the extent required by law.

(a) Agreement to Arbitrate. You and we agree that, upon the election of either you or us, any controversy, dispute, allegation, or claim at law or equity that has arisen or may arise between you and Olo relating to or arising out of these Terms or any previous version of these Terms, or your access to or use of the Website, Website content, Submissions, Feedback, downloads, forms, demonstrations, events, communications, or other Website features (“Dispute”), will be resolved by binding arbitration and not through litigation in any court, except as otherwise provided in this Arbitration Agreement or where applicable law prohibits mandatory pre-dispute arbitration.

(b) Your Right to Opt Out of Arbitration. You may opt out of this Arbitration Agreement by notifying Olo in writing no later than thirty (30) days after you first agree to these Terms. Your notice must be sent to notices@olo.com and must include your first and last name, the email address and phone number you provided through the Website, if any, and a clear statement that you want to opt out of this Arbitration Agreement. Opting out will not affect any other provision of these Terms. If you do not opt out within the thirty (30) day period, you and Olo will be bound by this Arbitration Agreement. Updates to these Terms do not provide a new opportunity to opt out for users who previously agreed to this Arbitration Agreement unless the updates include material changes to this Agreement to Arbitrate.

(c) Prohibition of Class and Representative Actions and Non-Individualized Relief. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND OLO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND OLO AGREE OTHERWISE OR THE MASS ARBITRATION SUBSECTION EXPRESSLY PROVIDES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. NO ARBITRATOR SHALL HAVE AUTHORITY TO ADJUDICATE ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT A NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY. THIS SUBSECTION DOES NOT LIMIT ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.

(d) Pre-Arbitration Dispute Resolution. You and Olo agree that, prior to initiating an arbitration or other legal proceeding, you and Olo will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against us, you must send a Notice of Dispute (“Notice of Dispute”) by certified mail to Olo Inc., Attn: Legal Department, Two Manhattan West, 375 Ninth Avenue, Suite 1210, New York, NY 10001.

Your Notice of Dispute to us must contain all of the following information: (i) your full name, address, and the email address and phone number associated with your use of the Website or otherwise provided to us through the Website; (ii) a detailed description of the nature and basis of the Dispute; (iii) a description of the relief you want, including any money damages you request; and (iv) your signature verifying the accuracy of the Notice of Dispute and, if you are represented by counsel, authorizing us to disclose information about you to your attorney.

After receipt of your Notice of Dispute, you and Olo shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Olo may initiate an arbitration or other legal proceeding.

If the Dispute is not resolved during the Informal Dispute Resolution Period, you or Olo may initiate an individual arbitration as provided below, or, if your Dispute is excluded from the Arbitration Agreement under subsection (f) or applicable law, you may initiate your Dispute in the appropriate venue.

(e) Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. Except as provided in the Mass Arbitration Subsection below, all issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. If your address is in the United States, an arbitration hearing will take place in the federal judicial district that includes your address at the time the claim is filed with the AAA, unless Olo and you agree to a different place. If your address is outside the United States, the hearing will be conducted remotely unless Olo and you agree otherwise or applicable law requires another location. Subject to your claim qualifying for small claims, if your claim is for $10,000 or less, Olo agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. No court or arbitrator will be bound by rulings in prior arbitrations involving other Website users, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same Website user to the extent required by applicable law. Any arbitration decision and award will be final and binding on the named parties and enforceable by any court having competent jurisdiction.

(f) Exceptions to Arbitration. This Arbitration Agreement does not require arbitration of the following types of claims brought by either you or Olo: (i) small claims court actions, if the requirements of the court are met and the claims are brought only on an individual basis; (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights, and patents; and (iii) claims that applicable law prohibits from being resolved through mandatory pre-dispute arbitration.

(g) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Arbitration Fees will be allocated under the AAA Rules and applicable law. Olo will pay all amounts the AAA Rules or applicable law require Olo to pay, including any amounts necessary to prevent arbitration costs from making the arbitration forum inaccessible where applicable law so requires. Any payment of attorneys’ fees will be governed by the AAA Rules and applicable law.

(h) Confidentiality. To the extent permitted by applicable law, all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be confidential for the benefit of all parties, except to the extent disclosure is reasonably necessary to conduct the arbitration, obtain professional advice, comply with applicable law or a governmental request, protect or enforce a legal right, or confirm, enforce, or challenge an arbitration award in court.

(i) Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (c) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (c) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

(j) Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, Olo agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Website, you may reject any such change by sending Olo written notice within thirty (30) calendar days after the change becomes effective to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms or accepted any subsequent changes to these Terms.

(k) Mass Arbitration. If twenty-five (25) or more similar demands for arbitration are asserted against Olo by or with the coordination or assistance of the same law firm or organization, or by claimants represented by coordinated counsel, within a ninety (90) day period, the demands will constitute a “Mass Filing.” The following provisions, in addition to other terms of this Arbitration Agreement, will apply to a Mass Filing: (i) the prohibition on class, collective, and representative actions and the requirement that claims be arbitrated on an individual basis set forth in subsection (c) above continue to apply to each claim in a Mass Filing; (ii) the claims in a Mass Filing will be administered by the AAA, and for administrative efficiency, the AAA may group claims in a Mass Filing into batches of no more than twenty (20) claimants per batch, with each claim being decided individually; (iii) the pre-arbitration dispute resolution requirements in subsection (d) above continue to apply, and the parties will select individual claims to be arbitrated first as bellwether claims, with the remaining claims stayed and the parties participating in a global mediation of the stayed claims within one hundred twenty (120) days following resolution of the bellwether claims; the bellwether claims may proceed concurrently, and the parties and the arbitrator(s) will endeavor to resolve them within one hundred twenty (120) days after arbitrator appointment; if any claims remain unresolved following the global mediation, those claimants may promptly proceed to individual arbitrations under the batching procedures described above or, within sixty (60) days after the conclusion of the global mediation, opt out of the arbitration process and proceed in court on an individual basis consistent with the remainder of these Terms; (iv) all applicable statutes of limitations and filing deadlines will be tolled for the claims in a Mass Filing from the date the first demand in that Mass Filing is submitted until the date each such claim is selected for filing and adjudication or otherwise proceeds in accordance with this subsection (k), so that no claimant’s claim is prejudiced by the sequencing described above; and (v) a court, and not an arbitrator, will have the authority to enforce this subsection (k), including by enjoining the filing or prosecution of arbitrations, the assessment or collection of arbitration fees, or the continuation of arbitrations, and if this subsection (k) is found to be unenforceable as to any claim or group of claims, that claim or group of claims will be severed and may be brought only in a court of competent jurisdiction consistent with the “Governing Law; Jurisdiction” section of these Terms, and not in arbitration on a class, collective, coordinated, consolidated, or mass basis.