KitchenSync Terms of Service.

Last Updated: February 20, 2026

The following terms of service (“Agreement”), together with the applicable quotation or order form signed by Client (“Quote”), govern the relationship between clients of KitchenSync and the company. By accessing or using the Services, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not access or use the Services.

1. Definitions

“KitchenSync,” “we,” “our,” or “us” refers to KitchenSync and its affiliates, subsidiaries, and assigns.

“Client,” “you,” or “your” refers to the business entity or individual that has entered into a Quote or service agreement with KitchenSync and is authorized to access and use the Services.

“Services” refers to the KitchenSync platform and all services described in Exhibit A and the applicable Quote, including all web-based applications, mobile applications, portals, dashboards, reporting tools, communication and notification tools, APIs, integrations with Third-Party Services, and any related software, documentation, and updates provided by KitchenSync.

“Authorized Users” refers to individuals authorized by the Client to access and use the Services on the Client’s behalf, including owners, managers, administrators, and designated employees.

“End Users” refers to employees of the Client who may access certain features of the Services, such as team communication tools, scheduling information, pay information, onboarding portals, or other employee-facing functionality.

“Third-Party Services” refers to external platforms and services integrated with or accessed through the KitchenSync platform, including but not limited to Intuit QuickBooks Online, point-of-sale systems, payroll processors, payment facilitators, benefits providers, and other financial or operational service providers.

“Client Data” refers to all data, information, content, and materials that the Client or its Authorized Users provide, upload, or make accessible to KitchenSync through the Services or through authorized Third-Party Service integrations.

“Quote” refers to the quotation or order form provided by KitchenSync and signed by Client outlining the specific services, pricing, term length, and associated costs.

“Confidential Information” means any non-public information disclosed by one party to the other, whether in writing, orally, or by other means, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Client Data is deemed the Client’s Confidential Information.

2. Services

KitchenSync hereby agrees to provide the services listed in the applicable Quote, as further defined in Exhibit A, in accordance with industry best practices and shall at all times observe and comply with all applicable federal and state laws. KitchenSync will use commercially reasonable efforts to maintain the availability of the Services and will endeavor to provide reasonable advance notice of planned downtime.

Technical support is available via email at [email protected] during normal business hours (Monday–Friday, 9:00 AM–6:00 PM Pacific Time, excluding holidays). Additional support terms may be specified in the applicable Quote.

3. Standard of Performance

KitchenSync hereby agrees that it shall follow the highest professional standards in performing all Services to be provided.

4. License Grant and Restrictions on Use

4.1 License Grant

Subject to the terms of this Agreement and the applicable Quote, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term of this Agreement, solely for your internal business purposes related to the financial management and operations of your restaurant business. This license extends to your Authorized Users and End Users to the extent necessary for them to use the features of the Services designated for their respective roles, subject to the access controls and permissions you configure within the platform.

4.2 Restrictions on Use

You agree that you will not, and will not permit any Authorized User, End User, or third party to:

  • Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services or any component thereof

  • Sublicense, sell, rent, lease, transfer, assign, or otherwise dispose of the Services or any rights therein to any third party

  • Use the Services for any unlawful purpose or in violation of any applicable laws or regulations

  • Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services

  • Interfere with or disrupt the integrity or performance of the Services or the data contained therein

  • Use the Services to transmit any viruses, malware, or other harmful code

  • Remove, alter, or obscure any proprietary notices, labels, or marks on the Services

  • Use any data obtained through the Services, including data from Third-Party Services such as QuickBooks Online, for any purpose other than as expressly permitted under this Agreement

  • Share login credentials, access tokens, or API keys with unauthorized individuals

  • Circumvent or attempt to circumvent any access controls, usage limits, or security measures implemented in the Services

5. Necessary Information and Material

Client will be solely responsible for supplying KitchenSync with all information, materials, data, and documents necessary to perform the Services and will use all means within reason to ensure that all employees of the Client adopt and adhere to the necessary processes to facilitate the flow of information between the Client and KitchenSync, including the proper use of the Client’s point-of-sale system and software solutions provided or required by KitchenSync.

Client acknowledges and agrees that the accuracy of financial information supplied by KitchenSync is the sole responsibility of the Client. KitchenSync shall not be held responsible for the production of inaccurate or incomplete financial statements, records and billings, or any other financial reports if the financial data submitted by the Client is inaccurate, incomplete, or not provided in a timely manner. Client acknowledges that any delay in providing KitchenSync with requested information may result in delay of KitchenSync’s ability to provide Services hereunder, and such delay shall not excuse Client from payment of any fees, costs, or expenses.

6. Account Registration and Security

To access the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Provide and maintain accurate, complete registration information

  • Promptly notify KitchenSync of any unauthorized use of your account or any other breach of security

  • Ensure that all Authorized Users and End Users comply with the terms of this Agreement

  • Manage access permissions and promptly revoke access for individuals who are no longer authorized (e.g., terminated employees)

KitchenSync is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

7. Third-Party Service Integrations

7.1 General

The Services integrate with Third-Party Services, including Intuit QuickBooks Online, various point-of-sale systems, payroll processors, payment facilitators, and other financial and operational platforms. Your use of any Third-Party Services is subject to the terms and conditions and privacy policies of those third-party providers in addition to this Agreement. KitchenSync is not responsible for the availability, accuracy, completeness, or content of any Third-Party Services.

7.2 Authorization

By authorizing KitchenSync to connect to your Third-Party Service accounts (e.g., by completing the OAuth 2.0 authorization flow for QuickBooks Online, or by providing API credentials for POS systems), you represent and warrant that:

  • You have the legal authority to grant KitchenSync access to such accounts

  • Your use of the Third-Party Services through our platform complies with all applicable third-party terms

  • The data accessible through such integrations is accurate and complete to the best of your knowledge

  • You will promptly notify KitchenSync of any changes to your Third-Party Service accounts that may affect the Services

7.3 Disconnect and Revocation

You may revoke KitchenSync’s access to any Third-Party Service at any time by:

  • Disconnecting the integration through the third-party platform (e.g., via the Intuit App Center for QuickBooks Online)

  • Using the disconnect functionality within the KitchenSync platform settings

  • Contacting KitchenSync at [email protected] to request disconnection

Revocation of access may limit or prevent KitchenSync from providing certain Services that depend on data from the disconnected Third-Party Service. Upon disconnection, KitchenSync will handle any previously accessed data in accordance with our Privacy Policy.

7.4 QuickBooks Online Specific Terms

With respect to our integration with Intuit QuickBooks Online:

  • We access your QuickBooks Online data solely to provide the bookkeeping, financial reporting, accounts payable management, and related financial services described in the applicable Quote.

  • We do not sell, rent, or trade QuickBooks Online data to any third party.

  • We do not use QuickBooks Online data for advertising, marketing to third parties, consumer profiling, or purposes unrelated to providing our Services to you.

  • We do not share QuickBooks Online data obtained from your account with other KitchenSync clients or any unrelated third parties.

  • Our use of QuickBooks Online data complies with Intuit’s developer platform requirements and data use policies.

  • You may disconnect our access at any time per Section 7.3, and we will cease accessing your QuickBooks Online data immediately upon disconnection. Upon disconnection or revocation of access, we will retain previously accessed QuickBooks Online data only as necessary to fulfill contractual obligations, comply with legal and regulatory requirements (including tax record retention), and resolve pending disputes.

  • You may request deletion of all QuickBooks Online-sourced data by contacting us at [email protected]. We will process deletion requests within thirty (30) days, subject to legal retention obligations.

8. Term

This Agreement is effective upon payment of the applicable Quote and will continue through the initial term set forth on the Quote, and any applicable renewal term, or until otherwise terminated by Client or KitchenSync in accordance with the termination provisions below.

9. Renewal

KitchenSync will notify Client of any updated terms or pricing for renewal approximately 90 days before the end of Client’s then-current term. Client will have 30 days to reject such updated proposal and initiate termination at the end of the then-current term. If KitchenSync does not require any changes to Client’s existing terms or pricing, Client’s Agreement will automatically renew upon expiration of the then-current term on the same terms as the current Quote (including term length and pricing).

10. Independent Contractor

KitchenSync shall provide the Services as an independent contractor and shall not act as an employee or agent of the Client. As an independent contractor, KitchenSync will be solely responsible for paying any and all taxes levied by applicable laws on its compensation. KitchenSync understands that Client will not withhold any amounts for payment of taxes from KitchenSync’s compensation.

11. Payment

During the term of this Agreement, Client shall pay KitchenSync for its Services in accordance with the signed Quote. Client understands that quoted pricing represents the base pricing for selected service packages, adjusted for any applicable Discounts, and that these service packages may, from time to time, become unavailable to Client as a result of increases in Client’s monthly invoice volumes, revenue, employee counts, use of third-party delivery providers, or inter-company activities. Should a quoted package become unavailable to Client, Client will be provided with no less than 30 days notice indicating any pending changes in pricing or Services to be provided.

All charges will be automatically withdrawn from Client’s bank account via direct debit or charged to Client’s alternative payment method on file within three (3) days of the beginning of each service period, or later at KitchenSync’s sole discretion.

If no payment is received by KitchenSync within seven (7) days of the Quote/invoice due date, KitchenSync, in its sole discretion, may terminate the Agreement immediately. Payments received more than seven (7) days after their respective due dates may accrue interest at 1.5% per month.

Billing for each individual service will begin on the Go Live Date as set forth in the Quote unless otherwise agreed upon in writing by KitchenSync and Client.

Client is responsible for all taxes applicable to the Services, excluding taxes based on KitchenSync’s net income.

12. Implementation

Implementation fees outlined in the signed Quote will be due upon signature of the Quote.

At KitchenSync’s election (or as otherwise set forth in the Quote), if Client provides all information and access necessary for KitchenSync’s implementation process within 7 days of signing the Quote, KitchenSync may apply the implementation fees against the service fees owed under the Quote.

If Client fails to provide the information and access necessary for KitchenSync’s implementation process within 30 days of signing the Quote, the contract will automatically terminate and the implementation fee will be forfeited. KitchenSync will require Client to sign a new Quote (including additional implementation fees).

13. Discounts

The Client agrees that any discounts applied to the Quote, other than advertised multi-unit discounts, are provided in KitchenSync’s sole discretion and may expire at any point after the term of the Quote. The Client further agrees that multi-unit discounts will be removed in the event that Client is no longer subscribed to the quoted services for multiple business locations.

14. Expenses

The Client agrees to reimburse any out of pocket expenses incurred by KitchenSync in connection with the Services, including, but not limited to, check fees, pre-approved travel expenses, audit fees, tax fees, payroll service fees, third-party software fees not previously defined in this Agreement, and any legal fees incurred by KitchenSync in connection with the collection of late or unpaid service fees/payments.

Any services performed by KitchenSync at the request of the Client that do not meet the definition of Services for the purposes of this Agreement shall be billed as hourly service charges at a rate of $75 per hour.

If Client is unable or unwilling to provide KitchenSync with direct access to Client’s billing accounts (credit card accounts and/or bank accounts) through KitchenSync’s accounting software, Client agrees to pay a “manual data sourcing fee” of $100 per month to cover additional work required for manual import/export of transactions from such accounts.

15. Termination

15.1 Termination for Convenience

Either party may terminate this Agreement for convenience by providing a minimum of sixty (60) days written notice to the other party.

In the event that Client terminates this contract for convenience for any business location, the full balance of the Quote and any other balances owed under this Agreement will immediately become due and will be promptly withdrawn from the Client’s bank account or charged to the alternative payment method on file.

In the event that KitchenSync terminates this contract for convenience, the full balance of all services rendered up until the termination date will immediately become due and will be promptly withdrawn from the Client’s bank account or charged to the alternative payment method on file.

Client acknowledges that Client is committing to the full term set forth in the Quote, and will owe the full amount set forth on the Quote unless the contract is terminated for material uncured breach as set forth below, or otherwise terminated by KitchenSync.

15.2 Termination for Breach

Either party may terminate this Agreement in the event of a material, uncured breach by the other party. Prior to any termination for breach, the non-breaching party must provide written notice of the breach and allow the breaching party thirty (30) days to cure such breach. If the breach is not cured within the specified period, the non-breaching party may terminate the Agreement. KitchenSync may also suspend or terminate access to the Services immediately, without prior notice, if: (a) Client breaches Section 4.2 (Restrictions on Use) or Section 17 (Confidentiality); (b) Client’s use of the Services poses a security risk to the platform or other users; or (c) suspension or termination is required to comply with applicable law.

In the event of termination for breach, neither party shall have any further obligations to the other, except for the payment of all amounts due and payable to KitchenSync prior to the date of such termination, which sums will be promptly withdrawn from the Client’s bank account or charged to alternative payment method on file.

15.3 Effect of Termination

Upon termination of this Agreement for any reason:

  • Your license to access and use the Services will cease at the end of the applicable notice period or immediately in the case of termination for cause.

  • Client will have thirty (30) days following the effective date of termination to export Client Data as described in Section 19 (Data Portability and Export).

  • KitchenSync will disconnect all Third-Party Service integrations associated with Client’s account.

  • Any outstanding fees for Services provided prior to termination remain due and payable.

  • Sections 4.2 (Restrictions), 7.4 (QBO Terms), 16 (Intellectual Property), 17 (Confidentiality), 19 (Data Portability), 20 (Disclaimers), 21 (Limitation of Liability), 22 (Indemnification), and 25 (Governing Law) shall survive termination.

16. Intellectual Property

16.1 KitchenSync Property

The Services, including all software, algorithms, interfaces, designs, reports, templates, documentation, and content, are and shall remain the exclusive property of KitchenSync and its licensors. This Agreement does not grant you any ownership rights in the Services. All rights not expressly granted herein are reserved by KitchenSync.

16.2 Client Data Ownership

You retain all ownership rights in your Client Data. By using the Services, you grant KitchenSync a limited, non-exclusive, worldwide license to access, use, copy, store, transmit, and process your Client Data solely as necessary to provide the Services, comply with applicable law, and as otherwise described in our Privacy Policy. This license terminates upon the termination of this Agreement, subject to data retention obligations.

16.3 Feedback

If you provide KitchenSync with feedback, suggestions, or recommendations regarding the Services (“Feedback”), you grant KitchenSync an unrestricted, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose, including to improve and develop the Services, without any obligation to you.

16.4 Aggregate and Anonymized Data

KitchenSync may compile and use anonymized, aggregate data derived from Client Data that does not identify any individual Client, End User, or natural person, for purposes including industry benchmarking, service improvement, and internal analytics. This right survives termination of this Agreement. For the avoidance of doubt, this section does not apply to raw data obtained through the QuickBooks Online API, which is subject to the limitations described in Section 7.4 and our Privacy Policy.

17. Confidentiality

KitchenSync in the course of performing the Services hereunder may gain access to certain confidential or proprietary information of the Client. KitchenSync agrees to hold all such Confidential Information of the Client in strict confidence and shall not, without the express prior written permission of Client: (a) disclose such Confidential Information to third parties; (b) disclose such Confidential Information to non-executive employees of the Client; (c) store such Confidential Information in third-party or internally-developed software platforms that are not SOC 2, ISO 27001, or similarly certified; or (d) use such Confidential Information for any purposes whatsoever, other than in the performance of its obligations hereunder.

However, “Confidential Information” for the purposes of this Section shall not include: vendor lists, pricing, or redacted financial and statistical data that may be used by KitchenSync for a variety of purposes including, but not limited to, sourcing group purchasing contracts from potential Client vendors or compiling general benchmarking analysis for use by KitchenSync and its clients. For the avoidance of doubt, raw data obtained through the QuickBooks Online API is subject to the additional restrictions set forth in Section 7.4 and the KitchenSync Privacy Policy.

The obligations under this Section shall survive termination or expiration of this Agreement.

18. Data Retention and Storage

During the term of this Agreement, KitchenSync shall retain electronic copies of all financial information generated in the course of performing the Services. We retain information for as long as necessary to fulfill the purposes for which it was collected, to provide our Services, and to comply with our legal, regulatory, and contractual obligations.

Specific retention periods include:

  • Active service data: Retained for the duration of this Agreement and for a reasonable transition period thereafter (not to exceed ninety (90) days following termination, unless otherwise agreed).

  • Financial records and tax-related data: Retained for a minimum of seven (7) years following the applicable tax year, or as otherwise required by applicable law.

  • System logs and usage data: Retained for up to twenty-four (24) months for security, troubleshooting, and service improvement purposes.

  • Anonymized, aggregate data: May be retained indefinitely as it does not identify any individual Client, End User, or natural person.

Upon termination of this Agreement, KitchenSync will provide Client with online access to Client Data as set forth in Section 19, at which point storage and retention of the information will become the sole responsibility of the Client, except for data KitchenSync is required to retain under applicable law.

19. Data Portability and Export

During the term of this Agreement and for a period of thirty (30) days following termination, you may export your Client Data from the Services in standard formats made available through the platform (e.g., CSV, PDF, or QBO-compatible formats). KitchenSync will provide reasonable assistance with data export upon request. After the thirty (30) day post-termination period, KitchenSync shall have no obligation to maintain or provide access to Client Data, except as required by applicable law or the data retention provisions of Section 18.

20. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KITCHENSYNC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

KITCHENSYNC DOES NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY DATA OBTAINED THROUGH THIRD-PARTY SERVICE INTEGRATIONS, INCLUDING QUICKBOOKS ONLINE, POINT-OF-SALE SYSTEMS, OR PAYROLL PROCESSORS. YOU ACKNOWLEDGE THAT FINANCIAL DATA AND CALCULATIONS ARE BASED ON THE DATA AVAILABLE FROM THESE THIRD-PARTY SOURCES AND MAY BE SUBJECT TO ERRORS OR DELAYS IN THOSE SYSTEMS.

KITCHENSYNC DOES NOT PROVIDE TAX, LEGAL, OR INVESTMENT ADVICE. THE FINANCIAL REPORTS, ANALYSES, AND OPERATIONAL RECOMMENDATIONS PROVIDED THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL TAX, LEGAL, OR FINANCIAL ADVICE.

21. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE OTHER PARTY ARISING OUT OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL KITCHENSYNC’S TOTAL AGGREGATE LIABILITY ON ANY CLAIM, LOSS, OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID TO KITCHENSYNC DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION.

THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

22. Indemnification

The Client shall, at its own expense, indemnify, defend, and hold harmless KitchenSync, its affiliates, subsidiaries, successors, and assigns, and their respective officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, settlements, expenses, and costs (including attorneys’ fees and court costs) arising out of or related to: (a) Client’s use of the Services in violation of this Agreement; (b) Client’s violation of any applicable laws or regulations; (c) any data or content Client provides through the Services that infringes the rights of a third party; (d) Client’s failure to maintain the security of account credentials; (e) the acts or omissions of Client’s Authorized Users or End Users in connection with the Services; or (f) Client’s business operations, except to the extent such claims arise from KitchenSync’s breach of this Agreement.

23. Representations and Warranties of Client

Client represents and warrants that: (a) it has the full power and authority to enter into and perform its obligations under this Agreement; (b) the party signing on behalf of Client is duly authorized to sign on behalf of Client; (c) all information, materials, data, and documents provided to KitchenSync in connection with the Services are accurate, complete, and provided in a timely manner; (d) Client’s use of the Services provided by KitchenSync will comply with all applicable laws, regulations, and standards; (e) it has obtained all necessary consents and authorizations for KitchenSync to access and use any Third-Party Service data or systems required to perform the Services; and (f) it will maintain the confidentiality of any proprietary information of KitchenSync in accordance with the terms of this Agreement.

24. Assignment

KitchenSync reserves the right to assign any of its rights, obligations, or duties under this Agreement to a third party (subcontract) without prior consent of the Client so long as such assignment, transfer, or subcontracting has no effect on the level of service provided or any obligations on the part of Client, including cost or payment procedure. Client may not assign or transfer this Agreement without the prior written consent of KitchenSync.

25. Governing Law and Dispute Resolution

This Agreement is to be construed in accordance with and governed by the internal laws of the State of California and the competent courts of jurisdiction therein.

All disputes under this Agreement that cannot be resolved between the parties in good faith shall be settled by arbitration in the State of California before a single arbitrator pursuant to the commercial arbitration rules of the American Arbitration Association. Arbitration may be commenced at any time by any party hereto given written notice to the other party to a dispute that such dispute has been referred to arbitration, so long as the referring party has used all means at its disposal to remedy the dispute in good faith with the counterparty. The prevailing party in the arbitration shall be entitled to reimbursement of its reasonable attorneys’ fees. Any award, including reasonable attorneys’ fees, rendered by the arbitrator shall be conclusive and binding upon the parties hereto. This provision for arbitration shall be specifically enforceable by the parties and the decision of the arbitrator in accordance herewith shall be final and binding without the right of appeal.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or Confidential Information.

26. Publicity

The Client grants permission to KitchenSync to publicize the existence of a business relationship between the parties. Use of the Client’s trade name, logo, and images posted to the Client’s website or social media accounts is hereby authorized for the sole purpose of marketing KitchenSync to potential customers.

27. Notices

Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party’s regular business hours or by electronic mail before or during receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail or release to reputable courier service to the addresses designated from time to time.

28. Miscellaneous

28.1 Severability

If any provision of the Agreement shall be held to be illegal, invalid, or unenforceable under the present or future laws, such provisions shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect.

28.2 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or failures of Third-Party Services.

28.3 Entire Agreement

This Agreement, together with the applicable Quote and the KitchenSync Privacy Policy (available at www.kitchensync.us/privacy), is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications, and agreements, whether written or oral, between the parties relating to the subject matter hereof and all past courses of dealing or industry custom. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the parties.

EXHIBIT A: SERVICE DEFINITIONS

“AP Management” includes the line-item processing of invoices, including GL coding, price tracking, price change reporting, statement reconciliations, and missing document identification and sourcing.

“Budgeting” includes annual preparation of a store-level budget, prepared in coordination with restaurant ownership, management, and the KitchenSync Advisory team. Budgets are displayed in an identical form to monthly financial statements to ensure comparability between budgeted and actual performance.

“Benefits Administration” includes the management of enrollments and off-boarding to and from company-sponsored benefit plans, which may include health, dental, vision, retirement, or other benefits.

“Cash Flow Management” includes periodic maintenance of cash flow tracking and analysis, the scheduling of payments to vendors and independent contractors, and the delivery of cash flow forecasts and payment recommendations through the KitchenSync platform.

“CalSavers” refers to the setup and ongoing management of California’s state-sponsored retirement benefits plan, which is required to be maintained by all California employers with 5 or more employees that do not otherwise offer a 401K or similar private retirement plan.

“Compliance” refers to the manual checking of employee onboarding documentation to ensure compliance with local, state, and federal employment regulations, as well as periodic assessments of payroll operations to ensure the same.

“Financial Reporting” includes monthly or period-based (4-4-4 or 4-4-5) profit and loss statements, balance sheets, and cash flow statements, along with a standard set of back-up calculation documents. These reports are made available on a web-based platform that allows for transaction-level drill down into each displayed account, as well as custom permissions.

“Daily Operations Reporting” includes a drill-able, web-based dashboard that displays sales and labor by day with comparisons to last year, last week, and budget.

“Dedicated Accounting Manager” is an experienced, mid-level finance executive that is assigned to oversee the finance-related operations of a small group of restaurants. The vast majority of KitchenSync employees in this role were former senior accountants or controllers at multi-unit restaurant groups.

“Conflict Resolution” includes the proactive assessment and resolution of conflicts between employees, employees and managers, employees and owners, and managers and owners. This service is provided confidentially in coordination with KitchenSync’s senior Human Resources leaders.

“Financial Coaching” includes a monthly (or periodic) one-hour video conference held between a restaurant’s Dedicated Accounting Manager and any on-site management team members to discuss the results indicated by the profit & loss statement, how that statement is compiled, and how current performance stacks up to relevant industry benchmarks.

“Onboarding” includes access to KitchenSync’s digital onboarding platform, which allows Clients to rapidly onboard new employees to payroll, benefits, and team communication in a fully digital environment.

“Forecasting” refers to the maintenance of revenue and expense forecasts, including projected sales, labor costs, and upcoming financial obligations, delivered through the KitchenSync platform and related reporting tools.

“Insurance Management” refers to the proactive assessment of a restaurant’s current insurance coverages and the sourcing and renewal of policies, as agreed to, between restaurant ownership and CoverageSync, KitchenSync’s partnered insurance brokerage.

“Quote” refers to the quote provided by KitchenSync and signed by Client outlining the specific services and associated costs therewith.

“Sales Tracking” refers to daily polling of transaction-level POS data. This data is pulled into the KitchenSync portal and displayed on various reports that break down sales by menu category, revenue center, GL account, day part, and product.

“Payroll Administration” includes dedicated support in all areas of payroll, including processing system setup, calculation of weekly or bi-weekly payroll, bonus calculations, garnishment management, PTO accrual management, approval sourcing, and other customary payroll-related matters.

“Annual Tax Support” includes preparation and filing of up to thirty (30) Form 1099s, which are required for every independent contractor paid $600 or more over the course of a calendar year, preparation and filings of Form 8027, and the annual filing and payment of Business Property Tax in applicable jurisdictions.

“Sales Tax Management” includes the monthly online filing and payment of collected sales taxes, as calculated by Client’s point-of-sale system.

“Team Communication” refers to access to The Queue, KitchenSync’s centralized notification and communication platform for restaurant operations, including desktop and mobile applications for operational alerts, task management, team messaging, and delivery of financial and operational notifications.

“Training and Development” refers to access to KitchenSync’s employee training modules, including onboarding curricula, compliance training, and role-specific educational content delivered through the platform.


Contact Information

If you have any questions about this Agreement, please contact us at:

KitchenSync

Email: [email protected]

Support: [email protected]

Website: www.kitchensync.us