Skytale Digital, L.L.C. (“Restaurant Growth,” “we,” “us,” or “our“) provides marketing services, website services, and membership-program administration tools to restaurants and related businesses (collectively, the “Services“). These Terms of Service (the “Terms“) govern your access to and use of our website at restaurantgrowth.com (the “Site“) and any Services you purchase or use. By accessing the Site or using the Services, you agree to these Terms.
Effective date: October 19, 2026
1. Who we are
Restaurant Growth is a brand of Skytale Digital, L.L.C., a limited liability company. References to “Restaurant Growth” in these Terms mean Skytale Digital, L.L.C.
2. Eligibility and accounts
- You must be at least 18 years old and able to form a binding contract to use the Services.
- You agree to provide accurate information when creating an account, booking a call, or purchasing Services, and to keep it updated.
- You are responsible for safeguarding your login credentials and for activity under your account.
3. Services overview
We offer:
- Marketing services. Advertising management, creative services, and related consulting for restaurants, as described in proposals, order forms, or statements of work.
- Membership-program administration. Software and services that help restaurants operate paid membership programs, including enrollment pages, billing coordination through third-party processors, and member communications.
- Website content. Educational content about restaurant marketing.
Specific features, deliverables, timelines, and fees are set out in the applicable proposal, order form, or enrollment flow (each, an “Order“). If there is a conflict between an Order and these Terms, the Order controls for the Services it covers.
4. Marketing services terms
- Ad spend. Advertising spend is paid to the advertising platforms (e.g., Meta) and is separate from our service fees unless an Order states otherwise. You are responsible for ad spend charged by the platforms.
- Platform compliance. Ads must comply with platform policies. We may pause or modify campaigns to maintain compliance.
- No guaranteed results. Marketing outcomes vary. We do not guarantee specific results, revenues, or returns.
- Client responsibilities. You will provide timely access, assets, and approvals reasonably needed to perform the Services.
5. Fees and Billing – General Terms
- Fees. You agree to pay the fees stated in the applicable Order, on the billing schedule stated there.
- Payment authorization. By providing a payment method, you authorize us and our payment processor to charge it for amounts you owe.
- Late payment. Overdue amounts may bear interest at 1.5% per month (or the maximum lawful rate, if lower), and we may suspend Services for non-payment after notice.
- Taxes. Fees are exclusive of taxes unless stated otherwise; you are responsible for applicable taxes.
- Refunds. Service fees are non-refundable except as stated in an Order or required by law. Membership-program member charges are addressed in the Membership Terms.
6. Membership Programs – Roles, Member Data, and Continuity
6.1 Platform role
When we provide membership-program administration, the restaurant is the seller/merchant of record for its membership program. Restaurant Growth provides software, enrollment pages, billing coordination, and communications support as a service provider to the restaurant. Member-facing program terms are set out in the Membership Terms.
6.2 Member data
Member personal information collected through enrollment is handled as described in our Privacy Policy. The participating restaurant receives Member data needed to operate its program.
6.3 Program continuity
If a restaurant stops using our platform or a program is transferred, we will cooperate in good faith to support continuity or an orderly wind-down as described in the Membership Terms.
6.4 Restaurant obligations
Restaurants are responsible for honoring their advertised membership benefits, complying with applicable law (including automatic-renewal and gift-card laws), and providing accurate program information to Members.
7. Consumer memberships
7.1 Automatic renewal
Restaurant membership programs administered through our platform renew automatically at the price and billing interval shown at purchase, until you cancel. See the Membership Terms for cancellation and refund details.
7.2 Cancellation
You may cancel as described in the Membership Terms. Cancellation stops future renewals; already-paid periods are non-refundable except as required by law.
7.3 Notices
We send renewal and cancellation notices as required by applicable law (including California’s Automatic Renewal Law) on behalf of participating restaurants.
8. Acceptable use
You agree not to:
- Use the Site or Services in violation of law or third-party rights.
- Interfere with or disrupt the Site or Services, or circumvent security or access controls.
- Submit false, misleading, or infringing content.
- Use the Services to send unsolicited marketing in violation of law (including TCPA and CAN-SPAM).
9. Intellectual property
- The Site, our software, and our content (including text, graphics, and logos) are owned by us or our licensors and protected by intellectual-property laws.
- We grant you a limited, non-exclusive, non-transferable license to access and use the Site for its intended purposes.
- If you provide feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it.
10. Disclaimers and limitation of liability
10.1 Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, OR DATA, ARISING FROM OR RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE (OR $100, IF NO AMOUNTS WERE PAID).
10.4 Exceptions
Some jurisdictions do not allow certain warranty exclusions or liability limitations; in those jurisdictions, our liability is limited to the greatest extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Restaurant Growth, its affiliates, and their officers, directors, employees, and agents from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Site or Services, your violation of these Terms, or your violation of law or third-party rights.
12. Third-party services and links
The Site and Services may reference or link to third-party services (e.g., advertising platforms, payment processors). We are not responsible for third-party services, and your use of them is subject to their terms.
13. Electronic communications
By using the Site or Services, you consent to receive communications from us electronically (e.g., email, text, or Site notices). You agree that electronic communications satisfy legal writing requirements.
14. Changes to the Services or Terms
We may modify the Services and these Terms. Material changes to these Terms will be posted on this page with a revised effective date. Your continued use after changes take effect constitutes acceptance. Membership-program changes are additionally subject to the notice requirements in the Membership Terms.
15. Termination
We may suspend or terminate access to the Site or Services for violation of these Terms or as stated in an Order. Sections 9 through 12 and 16 through 19 survive termination.
16. Governing Law
These Terms are governed by the laws of Arizona, without regard to its conflict-of-law principles.
17. Dispute Resolution
Option A – Arbitration (binding). Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, seated in Tucson, AZ. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability, and judgment on the award may be entered in any court of competent jurisdiction. You and Restaurant Growth waive any right to a jury trial and to participate in a class action or class-wide arbitration.
18. General Provisions
Entire agreement. These Terms, together with any applicable Order and the Membership Terms (for members), constitute the entire agreement regarding the Site and Services.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions continue in full force, except that the class-action waiver in Section 17 is material and non-severable: if a court finds the class-action waiver unenforceable, the parties agree that any class, collective, or representative claims must proceed in court and not in arbitration, while individual claims remain subject to arbitration.
Waiver; assignment. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a business transaction.
Notices. We may send notices to your contact information on file. Legal notices to us should be sent to luke@restaurantgrowth.com.
19. Contact
Skytale Digital, L.L.C.
7400 N Oracle Rd Suite 150-415, Tucson, AZ 85704
Email: luke@restaurantgrowth.com
