Terms & Conditions

Last updated: March 2026

1. Agreement to Terms

By accessing or using any services provided by Inca Media ("Company," "we," "us," or "our"), located in Port Orange, Florida, you ("Client," "you," or "your") agree to be bound by these Terms & Conditions. If you do not agree, do not use our services.

These terms apply to all services offered by Inca Media, including but not limited to: online ordering systems, loyalty programs, website development, AI marketing, social media management, and the free business grader tool.

2. Eligibility

You must be at least 18 years of age and have the legal authority to enter into a binding agreement on behalf of your business. By using our services, you represent that you meet these requirements.

3. Services

Inca Media provides digital services for restaurants and local businesses, including:

  • Online Ordering — Zero-commission ordering platform with pickup, delivery, loyalty programs, gift cards, and kitchen display system integration.
  • Website Development — Custom-built, AI-optimized websites designed for speed, SEO, and conversions.
  • AI Marketing — Search engine optimization, Google Ads, Meta Ads, email/SMS campaigns, review management, and competitor tracking.
  • Social Media Management — AI-powered content creation, DM automation, comment management, review responses, and paid social advertising.
  • Free Business Grader — A complimentary tool that scans and scores your digital presence across multiple categories.

Service details, deliverables, and timelines are specified in individual service agreements or proposals provided to you prior to engagement.

4. Account & Access

When we create accounts or dashboards on your behalf, you are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized access to your account.

You retain ownership of all content you provide to us (menus, logos, photos, business information). We retain ownership of proprietary tools, code frameworks, AI models, and processes used to deliver services.

5. Payment Terms

  • All fees are outlined in your service agreement or proposal and are billed monthly in advance unless otherwise specified.
  • Payments are due on the billing date. Late payments may result in service suspension after a 7-day grace period.
  • Setup fees and one-time charges are non-refundable once work has commenced.
  • Monthly service fees are non-refundable for the current billing period.
  • You are responsible for all applicable taxes.
  • We reserve the right to adjust pricing with 30 days written notice.

6. Online Ordering — Specific Terms

  • Inca Media charges zero commission on orders processed through our platform.
  • Payment processing fees charged by third-party payment processors (e.g., Stripe) are the responsibility of the Client.
  • You are responsible for fulfilling all orders placed through the platform accurately and in a timely manner.
  • Menu pricing, availability, hours of operation, and delivery zones are your responsibility to maintain and keep current.
  • Customer data collected through your ordering platform belongs to you. We will not sell or share your customer data with third parties.

7. Website Development — Specific Terms

  • You own 100% of your website content, design, and code upon full payment.
  • Hosting, SSL, CDN, and maintenance are included as part of your active subscription. These services cease upon cancellation.
  • We provide a homepage mockup for approval before proceeding with full development. Up to two rounds of revisions are included; additional revisions may incur extra charges.
  • Third-party integrations (POS systems, reservation tools, etc.) are subject to the terms and availability of those third-party services.

8. AI Marketing & Social Media — Specific Terms

  • Ad spend budgets paid to platforms (Google, Meta, TikTok, etc.) are separate from Inca Media service fees and are paid directly by the Client or through us on your behalf.
  • We do not guarantee specific rankings, traffic numbers, or revenue outcomes. Results vary based on market, competition, budget, and other factors.
  • AI-generated content (social posts, responses, ad copy) is reviewed for quality but you may request approval workflows before anything goes live.
  • SEO results typically take 2-3 months to materialize. Paid advertising results can appear within the first week.

9. Free Business Grader

  • The business grader tool is provided free of charge for informational purposes only.
  • Scores and recommendations are generated algorithmically and should not be considered professional audits.
  • By submitting your information through the grader, you consent to us contacting you regarding your results and our services.
  • AI-generated summaries within the grader are provided as general guidance and do not constitute professional advice.

10. Prohibited Uses

You agree not to use our services or platforms to:

  • Violate any local, state, or federal law or regulation.
  • Send spam, unsolicited messages, or misleading communications.
  • Upload or distribute malicious code, viruses, or harmful software.
  • Attempt unauthorized access to our systems or other users' accounts.
  • Use our platforms for any fraudulent, deceptive, or illegal activity.
  • Resell, sublicense, or redistribute our services without written consent.

11. Intellectual Property

  • All Inca Media branding, proprietary tools, AI systems, code frameworks, and processes remain the exclusive property of Inca Media.
  • Client-provided content (logos, menus, photos, copy) remains the property of the Client.
  • We may use anonymized results, case studies, and screenshots of completed work in our marketing materials unless you opt out in writing.
  • Website designs and custom code created specifically for you become your property upon full payment.

12. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the course of the engagement. This includes business strategies, customer data, login credentials, financial information, and technical details. This obligation survives termination of the agreement.

13. Termination & Cancellation

  • Either party may terminate services with 30 days written notice.
  • Upon cancellation, we will provide you with all website files, content, and customer data that belongs to you.
  • Active ad campaigns will be paused upon cancellation. Outstanding ad spend remains your responsibility.
  • We reserve the right to terminate services immediately if you violate these terms, engage in illegal activity, or fail to make payment after the grace period.
  • No refunds are issued for the current billing period upon cancellation.

14. Limitation of Liability

To the maximum extent permitted by law, Inca Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from your use of our services.

Our total liability for any claim arising from these terms or our services shall not exceed the total fees paid by you to Inca Media in the three (3) months preceding the claim.

15. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or completely secure. We do not guarantee specific business results, search rankings, or revenue outcomes.

16. Indemnification

You agree to indemnify and hold harmless Inca Media, its owners, employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising from your use of our services, your violation of these terms, or your infringement of any third-party rights.

17. Governing Law & Disputes

These terms are governed by the laws of the State of Florida. Any disputes arising from these terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Volusia County, Florida, in accordance with the rules of the American Arbitration Association.

18. Changes to These Terms

We reserve the right to update these terms at any time. Material changes will be communicated via email or notice on our website. Continued use of our services after changes constitutes acceptance of the updated terms.

19. Contact

If you have questions about these Terms & Conditions, contact us:

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