Terms of Service

About FoodieKit

FoodieKit provides digital commerce and operational infrastructure for food businesses, including restaurants, food trucks, private chefs, pop-up vendors, event operators, suppliers, and consumers. Our Platform enables services including, but not limited to:

• Digital ordering
• Merchant storefronts
• Payment facilitation
• Customer engagement
• Business analytics
• Operational intelligence
• AI-assisted recommendations
• Event commerce
• Vendor management

FoodieKit is a technology platform. Unless explicitly stated otherwise, we are not the seller, preparer, or owner of the food products offered by merchants.

Eligibility

You must:

• Be at least 18 years old or the age of majority in your jurisdiction.
• Have the legal capacity to enter into a binding agreement.
• Provide accurate and complete registration information.
• Maintain the security of your account credentials.

You are responsible for all activities under your account.

Your Account

You agree to:

• Maintain accurate account information.
• Keep your password confidential.
• Notify us immediately of unauthorized access.
• Use the Platform only for lawful purposes.

FoodieKit may suspend or terminate accounts that violate these Terms.

Orders and Transactions

Customers may place orders through participating merchants. Merchants are responsible for:

• Menu accuracy
• Pricing
• Product availability
• Food preparation
• Food quality
• Order fulfillment
• Compliance with applicable food safety regulations

FoodieKit facilitates the transaction but is not responsible for the quality, safety, preparation, or legality of products offered by merchants.

Payments

Payments are processed through third-party payment providers. By submitting payment information, you authorize:

• Charges for completed orders.
• Applicable taxes.
• Service fees (where applicable).
• Subscription fees (for merchants).

Merchant subscriptions renew automatically each month at the plan price in effect when the plan was chosen, until cancelled. Where a plan includes a free trial, a valid payment method is required at signup and the first charge is taken when the trial ends; cancelling before the trial ends avoids that charge. An upgrade takes effect immediately and is charged at the time of the change; a downgrade or cancellation takes effect at the end of the period already paid for, and no partial refunds are issued for the remainder of a paid period. If a renewal payment fails we may retry it and will notify the merchant; a failed subscription payment does not by itself suspend order fulfilment. FoodieKit does not store full payment card information. Payment disputes should first be reported through FoodieKit Support.

Merchant Responsibilities

Merchants agree to:

• Maintain all required business licenses.
• Comply with applicable health and food safety laws.
• Honor accepted orders.
• Keep menus and pricing current.
• Protect customer information.
• Provide accurate business information.
• Comply with applicable tax obligations.

Merchants remain solely responsible for their businesses and operations.

Artificial Intelligence & Operational Intelligence

FoodieKit provides AI-assisted operational insights designed to support business decisions. These may include:

• Demand forecasting
• Inventory recommendations
• Customer insights
• Menu optimization
• Marketing suggestions
• Operational alerts

These recommendations are informational and should not replace professional business judgments. FoodieKit does not guarantee that AI-generated recommendations will produce any specific financial or operational outcome.

Acceptable Use

You agree not to:

• Violate any law or regulations.
• Interfere with Platform operations.
• Attempt unauthorized access.
• Upload malicious software.
• Reverse engineer the Platform.
• Scrape data without authorization.
• Commit fraud.
• Abuse other users.
• Misrepresent your identity.
• Use the Platform to distribute illegal or harmful content.

Violation may result in immediate suspension or termination.

Intellectual Property

The Platform, including its software, designs, graphics, logos, trademarks, content, AI models, algorithms, interfaces, and documentation, is owned by FoodieKit Technologies Inc. or its licensors. Nothing in these Terms transfers ownership of our intellectual property. You may not:

• Copy
• Modify
• Distribute
• Sell
• Reverse engineer
• Create derivative works

Without our written permission.

User Content

You retain ownership of content you submit, including:

• Reviews
• Images
• Menus
• Business descriptions
• Marketing content

By submitting content, you grant FoodieKit a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute that content solely to operate and improve the Platform. You represent that you have the rights necessary to submit such content.

Third-Party Services

FoodieKit integrates with third-party providers, including payment processors, mapping services, authentication providers, cloud infrastructure, analytics providers, and communication platforms. We are not responsible for the practices or performance of third-party services. Your use of those services may also be governed by their terms.

Privacy

Your use of the Platform is also governed by our Privacy Policy. We encourage all users to review our Privacy Policy to understand how information is collected, used, and protected.

Availability

We strive to provide reliable services but do not guarantee uninterrupted access. The Platform may be unavailable due to:

• Maintenance
• Technical failures
• Network outages
• Third-party service interruptions
• Force majeure events

We reserve the right to modify or discontinue services at any time.

Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOODIEKIT DISCLAIMS ALL WARRANTIES, INCLUDING:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy
• Availability
• Reliability

We do not guarantee specific business outcomes, revenue increases, operational improvements, continuous uptime, or error-free operation.

Limitation of Liability

To the maximum extent permitted by law, FoodieKit shall not be liable for:

• Lost profits
• Lost revenue
• Lost data
• Business interruption
• Indirect damages
• Consequential damages
• Incidental damages
• Special damages

Our total liability arising from these Terms shall not exceed the amount paid by you to FoodieKit during the twelve (12) months preceding the claim, or one hundred U.S. dollars (US $100), whichever is greater. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless FoodieKit, its officers, directors, employees, contractors, affiliates, and partners from claims, damages, liabilities, losses, and expenses arising from:

• Your use of the Platform.
• Your violation of these Terms.
• Your violation of applicable law.
• Your infringement of third-party rights.

Termination

You may stop using the Platform at any time. FoodieKit may suspend or terminate access if:

• These Terms are violated.
• Fraudulent activity is detected.
• Continued access poses security or legal risks.

Termination does not affect obligations incurred before termination.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law principles.

Dispute Resolution

Before filing legal action, both parties agree to make reasonable efforts to resolve disputes through informal negotiations. If a dispute cannot be resolved informally, it shall be resolved in accordance with applicable law and the courts located in Texas, unless otherwise required by law.

Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through appropriate channels. Continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

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