1. Agreement and eligibility
These Terms of Service are a binding agreement between Lumera Digital, operator of Comanda, and the business or person accepting these terms, referred to as the “Store.” By creating an account, signing an order form, or using Comanda, the Store agrees to these terms and the Privacy Policy.
The person accepting these terms represents that they are legally able to bind the Store. Comanda is intended for business use by independent restaurants, convenience stores, and other approved merchants in the United States.
2. The Comanda service
Comanda provides white-label software that enables a Store to:
- accept online orders through an embedded ordering widget or hosted ordering page;
- offer pickup and delivery;
- receive orders on a kitchen display;
- dispatch eligible deliveries through Comanda's currently supported courier integration;
- apply software controls to age-restricted items; and
- manage orders, operations, and refunds through an admin panel.
Specific access, service levels, and fees may be described in a separate order form or written agreement between the Store and Lumera Digital.
3. Independent software provider
Comanda is software, not a marketplace, aggregator, courier, or payment facilitator.
The Store remains the business selling products to its customers. The Store controls its brand, menu, pricing, customer relationship, fulfillment, refund decisions, Stripe account, and courier relationship.
Lumera Digital does not purchase or resell the Store's products, take title to goods, set the Store's prices, employ the Store's personnel or couriers, or act as the Store's agent for receiving customer funds.
4. Stripe payments, fees, and refunds
Store-owned Stripe account
The Store must connect and maintain its own Stripe account. Customer payments are processed by Stripe and paid directly into the Store's Stripe balance. Lumera Digital and Comanda do not collect, hold, pool, or distribute customer funds on behalf of the Store.
The Store's use of Stripe is governed by its separate agreement with Stripe. The Store is responsible for maintaining its Stripe account, completing required verification, and paying any fees charged by Stripe.
Comanda fees
Comanda does not charge a commission per customer order. Any software fees owed to Lumera Digital will be disclosed in the Store's order form, subscription record, invoice, or other written agreement.
Refunds and disputes
The Store establishes and communicates its customer refund policy and makes all refund decisions. Authorized Store users may issue refunds through the Comanda admin panel or the Store's Stripe dashboard. Comanda records administrative actions for audit purposes. The Store is responsible for customer disputes, chargebacks, reversals, refunds, and related Stripe fees arising from its sales.
5. Store responsibilities
The Store is responsible for:
- providing accurate business, menu, product, pricing, tax, delivery, and contact information;
- fulfilling orders accurately, safely, and on time;
- maintaining required licenses, permits, registrations, and insurance;
- complying with consumer protection, food safety, tax, privacy, accessibility, advertising, labeling, alcohol, tobacco, and other laws applicable to its products and operations;
- setting and applying its own policies for cancellations, substitutions, returns, and refunds;
- protecting account credentials and limiting admin access to authorized personnel; and
- responding to customers about orders, products, fulfillment, and refunds.
Age-restricted items
Comanda identifies items configured as age-restricted and blocks delivery dispatch when the Store has not configured an age-capable courier. These controls do not guarantee legal compliance. The Store remains responsible for determining which products are restricted, maintaining licenses, configuring appropriate controls, training staff, verifying customer eligibility and identification where required, and refusing unlawful sales or deliveries.
6. Courier services
The Store selects and maintains its own account and agreement with any courier service. Comanda may transmit delivery information and dispatch requests to that courier at the Store's direction. Lumera Digital is not the courier, does not employ or control the courier, and is not responsible for the courier's acceptance, timing, conduct, service quality, fees, losses, or delivery outcome.
7. Acceptable use
The Store will not use Comanda to violate law, infringe rights, sell prohibited products, misrepresent its identity or offerings, interfere with the service, probe or bypass security, introduce malicious code, access another user's account, or use the service to facilitate fraud or abuse.
Lumera Digital may suspend access when reasonably necessary to address a security risk, suspected unlawful activity, material breach, payment failure, or harm to Comanda, its providers, stores, customers, or others.
8. Store data, privacy, and security
As between the parties, the Store retains its rights in the business, menu, customer, and order information it provides through Comanda. The Store authorizes Lumera Digital to process that information as necessary to provide, secure, support, and improve the service and to comply with law.
The Store is responsible for providing legally required privacy notices and obtaining any permissions needed for its collection and use of customer information. Each party will use reasonable safeguards appropriate to its role. More information is provided in the Privacy Policy.
9. Intellectual property and feedback
Lumera Digital and its licensors own Comanda, including its software, interfaces, designs, documentation, and related intellectual property. These terms give the Store a limited, non-exclusive, non-transferable right to use Comanda during its authorized service period for its internal business operations.
If the Store provides suggestions or feedback, Lumera Digital may use them without restriction or obligation, provided that doing so does not identify the Store publicly without permission.
10. Third-party services
Comanda works with services provided by other companies, including Stripe and courier providers selected by the Store. Those services are governed by separate terms and privacy practices. Lumera Digital is not responsible for third-party services outside its control.
11. Availability and changes
Lumera Digital may maintain, update, secure, or change Comanda over time. We will use reasonable efforts to provide advance notice when a material change is expected to significantly reduce purchased functionality, unless immediate action is needed for security, legal, or operational reasons.
12. Suspension and termination
Either party may terminate according to an applicable order form or written agreement. Lumera Digital may suspend or terminate access for material breach, unlawful use, security risk, or failure to pay amounts due. Upon termination, the Store must stop using the service and pay any outstanding amounts. Terms that by their nature should survive will remain in effect, including payment obligations, ownership, disclaimers, limitations, and dispute provisions.
13. Disclaimers and limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMANDA IS PROVIDED “AS IS” AND “AS AVAILABLE.” LUMERA DIGITAL DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LUMERA DIGITAL DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE OR THE PERFORMANCE OF STRIPE, COURIERS, NETWORKS, OR OTHER THIRD-PARTY SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMERA DIGITAL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. LUMERA DIGITAL'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO COMANDA WILL NOT EXCEED THE AMOUNT THE STORE PAID TO LUMERA DIGITAL FOR COMANDA DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply.
14. Indemnification
To the extent permitted by law, the Store will defend and indemnify Lumera Digital and its personnel against third-party claims, losses, and reasonable expenses arising from the Store's products, menu, pricing, sales, customer promises, fulfillment, courier relationship, violation of law, infringement of rights, or breach of these terms.
15. Governing law and disputes
These terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any court proceeding must be brought in the state or federal courts located in Pinellas County, Florida, and each party consents to their jurisdiction and venue.
16. General terms
These terms, the Privacy Policy, and any applicable order form are the complete agreement regarding Comanda and replace prior discussions about the same subject. If an order form conflicts with these terms, the order form controls for that conflict. The Store may not assign this agreement without Lumera Digital's written consent. Lumera Digital may assign it as part of a corporate transaction or to an affiliate. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the remaining provisions remain effective. Notices may be sent electronically or to the business contact information on file.
17. Contact Lumera Digital
Questions about these terms may be directed to:
Lumera Digital LLC
Tarpon Springs, Florida, United States
[email protected]
+1 (727) 534-2754