Terms of Use
Last updated: July 14, 2026
These Terms of Use (the "Terms") are a legally binding agreement between you and Tso Delivery Texas, LLC, doing business as Tso Chinese ("Tso Chinese," "we," "us," or "our"). They govern your access to and use of www.tsochinese.com (the "Site"), our mobile application (the "App"), and our related online ordering, pickup, takeout, carryout, delivery, catering, customer support, and marketing services (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING TO ACCEPT THESE TERMS, CREATING AN ACCOUNT, PLACING AN ORDER, DOWNLOADING THE APP, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
These Terms contain a binding arbitration agreement and class-action waiver in Section 17. Unless you timely opt out, you and Tso Chinese agree to resolve covered disputes through individual arbitration rather than in court or through a class or representative action.
Your use of the Service is also subject to our Privacy Policy, which is incorporated into these Terms by reference. Acceptance of these Terms does not replace privacy permissions or marketing choices that are handled separately.
1. Service and Service Area
The Service allows eligible users to order food and beverages for pickup, takeout, carryout, or delivery; request catering; manage an account; and interact with related Tso Chinese services and communications.
Tso Chinese offers customer services only within supported areas in Greater Austin, Texas. You may be able to view the Site from elsewhere, but that does not mean ordering or other services are available in your location.
Service areas, fulfillment methods, menus, item availability, hours, fees, minimums, promotions, and estimated fulfillment times may change. We may reject, cancel, refund, or decline an order that is outside the supported service area, cannot reasonably be fulfilled, appears fraudulent or abusive, creates a safety or security concern, or violates these Terms.
2. Eligibility
You must be at least 18 years old to create an account or place an order. By creating an account or placing an order, you represent that you meet this requirement and that your use complies with applicable law.
A person between 13 and 17 may browse the Service only with the involvement of a parent or legal guardian. The Service is not directed to children under 13.
If you use the Service for a company or other organization, including through a business or catering account, you represent that you have authority to bind that organization to these Terms.
3. Accounts
You may need an account to use certain features. You agree to provide accurate, complete, and current account, order, fulfillment, delivery, and payment information and to update it when necessary.
You are responsible for safeguarding your credentials and for activity conducted through your account. Notify us promptly through customer support or at [email protected] if you believe your account has been compromised.
We may refuse, suspend, restrict, or terminate an account if we reasonably believe information is inaccurate, the account is being used fraudulently or unlawfully, the account presents a safety or security risk, or these Terms have been violated.
If you access the App through Apple, Google, or another app marketplace, your use of that marketplace account is also governed by the marketplace's terms.
4. Orders, Pricing, Payment, and Fulfillment
Order acceptance
When you submit an order, you authorize Tso Chinese and its payment providers to charge the payment method you provide for the total shown before submission, including menu prices, taxes, disclosed fees, delivery charges, and any optional tip or gratuity you select.
An order confirmation acknowledges receipt but does not guarantee acceptance or fulfillment. Orders remain subject to item availability, operating hours, service-area limits, payment authorization, fraud screening, safety conditions, weather, traffic, fulfillment availability, and other operational considerations.
If we cancel an order after a charge or authorization has been submitted, we will void or refund the amounts charged for the canceled order to the original payment method, subject to payment-processing timing.
Pricing and fees
Menu items, ingredients, prices, discounts, taxes, fees, and availability may change. Prices displayed through the Service may differ from prices offered through another channel or at a physical location. Applicable taxes and fees will be disclosed before you submit the order.
Delivery fees, service fees, and other charges are not tips or gratuities unless expressly identified as such.
Optional tips and gratuities
Where available, the Service may allow you to add an optional tip or gratuity to an eligible order. Tipping is voluntary and is not required to place or receive an order.
The availability, intended recipient, timing, allocation, adjustment, refund, and other treatment of a tip or gratuity may depend on the order, fulfillment method, and service providers involved. Information applicable to the transaction will be presented through the Service when the tip or gratuity is offered or before you submit it.
By submitting an order that includes a tip or gratuity, you authorize Tso Chinese and its payment providers to process the amount shown before submission. Any available method or time limit for adjusting a tip after submission may be disclosed through the Service or provided by customer support.
Payment
Payments are processed by third-party payment providers. We are not responsible for delays, declines, errors, reversals, or failures caused by your bank, card issuer, wallet provider, or another payment service.
If a payment is declined, reversed, disputed, charged back, or otherwise fails, we may cancel the order, suspend account access, seek payment of amounts owed, or take other lawful action.
Cancellations, order problems, and refunds
Food preparation may begin shortly after an order is submitted, so cancellation or modification may not be available. If an order is canceled, modified, refunded, or credited, each payment component, including any optional tip or gratuity, will be handled in accordance with the disclosures presented through the Service, the status of the order, our applicable refund practices, the capabilities of our payment providers, and applicable law.
Use the customer support channels available through the Service promptly after pickup or fulfillment to report a missing, incorrect, damaged, or unsatisfactory item or another order problem. Depending on the circumstances and applicable law, we may provide a refund, credit, replacement, or other remedy. Unless otherwise required by law or stated in a promotion, promotional credits have no cash value.
Delivery and fulfillment
Orders may be prepared, delivered, or otherwise fulfilled by Tso Chinese, third-party service providers, or through other methods or technologies selected by us. The fulfillment method may vary by location, order, availability, operational conditions, and other considerations, and may change after an order is placed.
You are responsible for providing a complete and accurate address, contact information, delivery or retrieval instructions, access codes, and other information reasonably necessary to complete fulfillment. You agree to follow delivery, access, verification, tracking, or retrieval instructions presented through the Service.
Fulfillment and delivery times are estimates and are not guaranteed. Actual timing and methods may be affected by preparation time, order volume, weather, traffic, road conditions, building access, safety considerations, technology availability, service-provider availability, and other circumstances.
If fulfillment cannot be completed because information is inaccurate or incomplete, the location is inaccessible or unsafe, you are unavailable when required, or you do not follow applicable retrieval instructions, we may leave the order where reasonably appropriate, return it, change the fulfillment method, or cancel the order as permitted by law and our operational practices.
We are not responsible for loss, theft, spoilage, or damage after an order is left unattended at your direction or at a location you designated.
Do not tamper with, damage, obstruct, access without authorization, or misuse property, equipment, systems, or technology used in connection with the Service.
Catering
Catering orders may be subject to additional written terms concerning minimums, deposits, advance notice, changes, cancellations, staffing, equipment, access, and on-site service. Those additional terms are incorporated into these Terms when presented or accepted.
5. Promotions, Credits, and Offers
Promotions, discounts, referral offers, coupons, and credits may be subject to additional eligibility rules, service-area restrictions, minimum purchases, expiration dates, item exclusions, non-transferability terms, and use limits.
We may correct, suspend, revoke, or cancel a promotion or credit in the event of error, fraud, abuse, technical malfunction, or violation of applicable terms.
6. Food, Allergens, and Dietary Information
Menu descriptions, ingredients, dietary labels, and allergen information are provided for convenience and may not always be complete, current, or error-free. Food may be prepared in facilities or with equipment that also handle peanuts, tree nuts, soy, wheat, gluten, eggs, dairy, fish, shellfish, and other allergens. We cannot guarantee that any item is free from allergens or cross-contact.
If you have an allergy, sensitivity, dietary restriction, medical condition, religious requirement, or similar concern, review available information and contact customer support before placing an order.
Order notes, delivery instructions, and retrieval instructions should not be used for urgent medical, emergency, or safety communications. Contact emergency services for an emergency.
7. License and Use Restrictions
Subject to your compliance with these Terms, Tso Chinese grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for lawful personal purposes and, for an authorized business or catering account, internal business purposes.
If you download the App from an authorized app marketplace, this license permits you to install and use one object-code copy on compatible devices you own or control, subject to the applicable marketplace rules.
The Service, including its software, design, text, graphics, menus, photographs, logos, trademarks, and other content, is owned by Tso Chinese or its licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
You may not copy, distribute, publicly display, sell, lease, sublicense, modify, create derivative works from, reverse engineer, decompile, attempt to extract source code from, scrape, crawl, or otherwise exploit the Service except as expressly permitted by law or with our written permission.
If you provide suggestions or feedback, you permit us to use them without restriction or compensation. This does not grant us ownership of personal information contained in a customer support request.
8. Third-Party Services and Charges
The Service may use or link to payment providers, delivery and fulfillment providers, fulfillment-technology providers, maps, social networks, app stores, analytics services, advertising platforms, and other third-party services. Those services may be governed by their own terms and privacy policies. We are not responsible for a third party's independent services, content, availability, or practices.
You are responsible for internet, data, messaging, roaming, device, and other charges imposed by your carrier or another third party.
9. Prohibited Conduct
You may not:
10. Suspension, Termination, and Account Closure
You may stop using the Service at any time. You may request account closure or deletion by emailing [email protected].
We may suspend, restrict, or terminate access; cancel orders; or take other appropriate action if we reasonably believe you violated these Terms, engaged in fraud or abuse, created a safety or security risk, failed to pay amounts owed, or used the Service unlawfully or harmfully.
Account closure is not the same as deletion of every record. We may retain information as described in the Privacy Policy, including records needed for orders, payments, optional tips or gratuities, fulfillment, refunds, adjustments, chargebacks, fraud prevention, security, taxes, accounting, disputes, legal obligations, and enforcement of these Terms.
Provisions that by their nature should survive termination will survive, including payment obligations, ownership terms, disclaimers, limitations of liability, indemnity, and dispute resolution.
11. Privacy and Additional Terms
Our Privacy Policy explains how we collect, use, disclose, and retain personal information and is incorporated into these Terms.
Specific features, promotions, catering arrangements, or services may be governed by additional terms or disclosures presented through the Service or separately accepted by you. Those additional terms or disclosures form part of these Terms for the applicable feature or transaction. If there is a direct conflict, the more specific terms or disclosures control for that feature or transaction.
12. Changes to the Service or These Terms
We may change or discontinue all or part of the Service, subject to applicable law. We are not liable for a modification, suspension, or discontinuation except as expressly required by law or another binding agreement.
We may update these Terms prospectively. The "Last updated" date indicates when they were revised. If a change materially affects your rights or obligations, we may provide notice or require renewed acceptance. Changes to the arbitration provision are addressed in Section 17.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TSO CHINESE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT MENUS, INGREDIENT INFORMATION, PRICES, PROMOTIONS, FULFILLMENT ESTIMATES, FULFILLMENT METHODS, OR OTHER CONTENT WILL ALWAYS BE COMPLETE, CURRENT, OR ACCURATE.
NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TSO CHINESE AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THOSE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO TSO CHINESE THROUGH THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100.
These limitations do not apply to liability that cannot legally be limited. Some jurisdictions do not allow certain limitations, so some provisions may not apply to you.
15. Indemnity
To the maximum extent permitted by law, you agree to indemnify and hold harmless Tso Chinese and its affiliates, owners, officers, directors, employees, service providers, and agents from claims, damages, losses, liabilities, and reasonable costs arising from your fraud, unlawful use of the Service, material violation of these Terms, misuse of promotions or payments, infringement of another person's rights, or intentional or unlawful damage to property, equipment, systems, or technology used to provide the Service.
We may control the defense of a matter subject to indemnification, and you agree to provide reasonable cooperation. This section does not require indemnification to the extent prohibited by law.
16. Governing Law and Court Venue
These Terms are governed by the laws of Texas, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 17.
For a dispute that is not subject to arbitration, you and Tso Chinese consent to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, except where applicable law requires another forum.
17. Dispute Resolution and Arbitration
Informal resolution first
Before filing arbitration or a lawsuit, the complaining party must send a written notice describing the dispute and requested relief. Notices to Tso Chinese must be sent to [email protected] with the subject line "Dispute Notice" or by mail to:
Tso Delivery Texas, LLC
1205 Sheldon Cv, Ste 1G
Austin, TX 78753
The parties will attempt in good faith to resolve the dispute for 30 days after receipt of the notice. This requirement does not prevent either party from seeking temporary relief needed to protect safety, security, confidential information, or intellectual property.
Agreement to arbitrate
Except for the exceptions below, any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or the Privacy Policy will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and Mediation Procedures and applicable consumer fee schedule, as modified by these Terms only to the extent permitted by those rules and applicable law.
The arbitrator may award the same individual relief that a court could award. The arbitrator will issue a reasoned written decision. Judgment on an award may be entered in a court with jurisdiction.
Exceptions
Either party may:
Fees and hearing format
Arbitration fees will be allocated under the AAA Consumer Arbitration Rules and applicable fee schedule. Tso Chinese will pay fees that the applicable rules require the business to pay. The arbitration may be conducted by documents, telephone, video, or in person as determined under the AAA rules. An in-person hearing will take place at a reasonably convenient location consistent with those rules.
No class or representative proceedings
YOU AND TSO CHINESE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING IN ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF DIFFERENT PEOPLE WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.
If a court determines that this paragraph is unenforceable for a particular claim or requested remedy, that claim or remedy will be decided by a court after all arbitrable claims are completed, and the remainder of this section will remain effective.
Right to opt out
You may opt out of this arbitration agreement and class-action waiver by sending notice within 30 days after you first accept these Terms. Send the notice to [email protected] with the subject line "Arbitration Opt-Out" or by mail to the address above. Include your name, address, account email or phone number, and a clear statement that you are opting out of arbitration.
Opting out does not affect the rest of these Terms or any separate agreement.
Changes to this section
If we make a material future change to this arbitration section, you may reject that change by providing written notice within 30 days after it becomes effective. If you reject the change, the version of the arbitration section that you most recently accepted will continue to govern, unless otherwise required by law or agreed by both parties.
18. Electronic Communications and Marketing
By creating an account, placing an order, or providing contact information, you agree that we may send transactional and service-related communications about your account, orders, fulfillment, support requests, security, and policy changes to the contact information you provide, where permitted by law. Push notifications are sent only if enabled through your device or App settings.
We may send marketing emails where permitted by law and consistent with your preferences. An email-marketing option may be preselected; you may clear it before submitting the form or unsubscribe later.
We send recurring automated marketing text messages only if you separately and affirmatively opt in. SMS consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe or HELP for help.
You agree that electronic notices and records satisfy legal requirements that communications be in writing, to the extent permitted by law.
19. General
These Terms, the Privacy Policy, and applicable additional terms or disclosures constitute the entire agreement between you and Tso Chinese concerning the Service.
You may not assign these Terms without our written consent. We may assign them in connection with a merger, financing, reorganization, sale of assets, or operation of law.
A failure to enforce a provision is not a waiver. If a provision is held invalid or unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain effective.
Section headings are for convenience and do not affect interpretation.
20. Contact Information
Tso Delivery Texas, LLC
1205 Sheldon Cv, Ste 1G
Austin, TX 78753
21. Special Terms for Apple Devices
If you download the App from the Apple App Store or use it on an Apple device, you acknowledge that these Terms are between you and Tso Chinese, not Apple. Apple is not responsible for the App, its content, maintenance, support, warranties, or claims relating to the App, except that Apple may refund an applicable App purchase price if required by its terms. Your use must comply with the App Store Usage Rules. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the applicable provisions against you.
You represent that you are not located in a country subject to a U.S. government embargo or designated as supporting terrorism and are not listed on a U.S. government restricted-party list.
22. Special Terms for Google Play
If you download the App from Google Play or use it on an Android device, you acknowledge that these Terms are between you and Tso Chinese, not Google. Google is not responsible for the App, its content, maintenance, support, warranties, or claims relating to the App. Your use must comply with the Google Play Terms of Service. Google and its affiliates are third-party beneficiaries of the applicable provisions of these Terms.