Comprehensive Terms of Service & Privacy Policy

1. Introduction

Welcome to the Mobile App ("App"), a mobile ordering platform operated by Jacob Clarkson, a sole proprietor ("we," "us," or "our"). This App enables users to place orders with third-party restaurants and food providers ("restaurant partners"). For the purposes of these Terms, “Business” refers to Jacob Clarkson, operating independently under applicable business laws. By using our App, you (“User,” “you,” or “customer”) agree to these Terms of Service (“Terms”) and Privacy Policy. If you do not agree, please do not use the App.

2. Terms of Service

2.1 Services Provided

2.2 User Accounts

2.3 Orders and Payments

2.4 Refunds

2.5 Chargebacks & Fraud Prevention

2.6 Limitation of Liability

The App is provided "as is" and "as available," without warranties of any kind, express or implied. We make no guarantees that the App will always be available, error-free, or function as intended.

The App provides a platform for placing orders, but We are not responsible for food preparation, order fulfillment, and service quality.

To the maximum extent permitted by law, the Business is not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of data, business interruption, or inability to access the App, even if we have been advised of the possibility of such damages.

2.7 Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

All digital transactions conducted through the App shall be deemed to have occurred in Florida.

Any disputes arising out of or relating to these Terms or your use of the App shall be resolved exclusively in the state courts located in Alachua County, Florida.

2.8 Force Majeure

We are not responsible for delays or failures in service due to events beyond our control, including but not limited to natural disasters, internet failures, cyberattacks, labor strikes, or government regulations.

2.9 Prohibited Conduct

Violations may result in account termination and legal action.

All trademarks, logos, and content in the App, including but not limited to menu descriptions, images, and branding, are the property of the Business. Unauthorized use, reproduction, or distribution is strictly prohibited.

2.10 Online Sales

All orders placed through the App are subject to acceptance by the Business and restaurant partners. The Business reserves the right to refuse or cancel any order at our sole discretion. If an order is not accepted, the business will have no obligation to fulfill it, and any payment made will be refunded if applicable.

Prices, discounts, promotions, and special offers displayed in the App are subject to change at any time without prior notice. We do not guarantee the availability of any specific pricing or promotion.

2.11 Marketing and Communications

By using the App, you agree to receive marketing and promotional communications from the Business, including but not limited to emails, SMS messages, push notifications, and in-app promotions. These communications may include special offers, promotions, updates, and other relevant information about our services.

You may opt out of marketing communications at any time by following the unsubscribe instructions provided in the messages or by adjusting your notification settings in the App. Opting out of marketing communications will not affect transactional or service-related messages necessary for order processing and account management.

2.12 Indemnification

You agree to indemnify, defend, and hold harmless the Business its owners, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

The Business reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate fully in the defense of any such claim.

3. Privacy Policy

3.1 Information Collected

3.2 How We Use Your Data

3.3 Third-Party Sharing

We integrate third-party services such as payment processors (e.g., Square) and analytics providers.

We do not control these third-party services and are not responsible for their performance, security, or data practices.

Users are responsible for reviewing and accepting the terms of service and privacy policies of any third-party services they interact with through the App, as these services operate independently from the Business.

3.4 Data Security

We take reasonable measures to protect user data, but we cannot guarantee absolute security.

3.5 User Rights

You may request access, correction, or deletion of your personal data by contacting us at jacobclarkson20@gmail.com.

3.6 Children Under 13

The App is not intended for individuals under the age of 13. If you are under 13, do not use this App. We do not knowingly collect personal information from individuals under 13. If we become aware that we have inadvertently collected personal data from a child under 13 without verified parental consent, we will take steps to delete such information as soon as possible.

If you are a parent or guardian and believe that your child has provided personal information through our App, please contact us at jacobclarkson20@gmail.com so we can take appropriate action.

4. Food Allergy Disclaimer

Warning: The food available through this App is prepared by independent restaurant partners. We cannot guarantee that any menu item is completely free of allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, shellfish, or gluten. Customers with food allergies or sensitivities must contact the Business Affiliates directly before placing an order. By using this App, you acknowledge and accept the risk of potential allergen exposure and agree that neither the Company nor the App developers are responsible for any adverse reactions.

5. ADA Compliance Statement

We are committed to making the App accessible to all users, including individuals with disabilities. We strive to follow Web Content Accessibility Guidelines (WCAG). If you experience difficulties using the App or have accessibility concerns, please contact us at jacobclarkson20@gmail.com so we can improve our services.

6. Consent to Marketing Communications

By using the App and creating an account, you expressly consent to receive marketing and promotional communications from the Business, which may include emails, push notifications, and other forms of electronic communication. Please note, however, that SMS messages will be sent only for the purpose of account sign-up and verification. You acknowledge that providing your contact information (such as your phone number and email address) is voluntary and is solely used for the purpose of sending you these communications.

You understand that your consent is not a condition of purchasing any products or services. If you decide at any time that you no longer wish to receive these communications (except for essential account-related SMS messages), you may opt out by following the unsubscribe instructions provided in the messages, adjusting your notification settings within the App, or modifying the notification settings on your mobile device.

7. Changes & Contact Information

By using the App, you acknowledge and agree that these Terms of Service and Privacy Policy may be updated at our sole discretion.

Your continued use of the App after any changes to the Terms constitutes your acceptance of the revised Terms. If you do not agree to any updated Terms, you must discontinue using the App immediately.

For questions about these Terms or Privacy Policy, contact us at jacobclarkson20@gmail.com.