Terms of Service
1.Acceptance of Terms
These Terms of Service ("Terms") are a binding agreement between you and Food Truck Rewards ("Food Truck Rewards," "we," "us," or "our") governing your access to and use of the Food Truck Rewards website, web application, mobile applications, and related services (collectively, the "Service"). By creating an account, clicking "I agree," or using the Service, you accept these Terms. If you do not agree, do not use the Service.
If you use the Service on behalf of a business (for example, as a food truck vendor), you represent that you have authority to bind that business, and "you" includes that business. Vendors are additionally bound by our Vendor Agreement, which controls in the event of a conflict with these Terms as to vendor-specific matters.
2.The Service
Food Truck Rewards is a software platform only. We provide digital loyalty program tools that allow food truck vendors ("Vendors") to offer points, rewards, streaks, and promotions to their customers ("Customers").
We are not a food business. We do not prepare, sell, deliver, or warrant any food, beverage, or other product. We do not employ, control, supervise, or vouch for any Vendor. All transactions for food and beverages occur directly between Vendors and Customers, and Vendors are solely responsible for their products, pricing, promotions, food safety, permits, licenses, and compliance with applicable law.
3.Accounts & Eligibility
- You must be at least 13 years old to use the Service, and at least 18 years old (or the age of majority in your jurisdiction) to register as a Vendor or purchase a subscription.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You agree to provide accurate information and to keep it current. We may suspend or terminate accounts containing false or misleading information.
4.Subscriptions, Billing & Refunds
- Vendor subscriptions are billed in advance on a recurring basis (e.g., monthly) at the price displayed at checkout, plus applicable taxes. Payments are processed by our third-party payment processor, Stripe.
- Free trials: Where offered, a free trial converts automatically to a paid subscription at the end of the trial unless you cancel before the trial ends.
- Cancellation: You may cancel at any time; cancellation takes effect at the end of the current billing period. Access continues through the period already paid.
- Refunds: Except where required by law, all fees are non-refundable, including for partial billing periods, unused features, or downgrades.
- Price changes: We may change subscription prices with advance notice; changes apply at your next renewal. Continued use after the change takes effect constitutes acceptance.
- Promotional pricing: Discounted or promotional rates apply only for the stated promotional period and revert to standard pricing thereafter unless expressly stated otherwise.
5.Loyalty Points, Rewards & Promotions
- Points, rewards, streaks, tiers, and promotions offered through the Service are created, funded, and fulfilled solely by the individual Vendor, not by Food Truck Rewards.
- Points and rewards have no cash value, are not property, are non-transferable, and may not be sold, exchanged, or redeemed for cash.
- Vendors may modify, limit, or discontinue their loyalty program, point values, or rewards at any time. If a Vendor closes, leaves the platform, or is suspended, associated points and rewards may be forfeited without compensation.
- We may adjust, remove, or invalidate points or rewards that we reasonably believe were obtained through fraud, abuse, technical error, or violation of these Terms.
- Any dispute regarding earning or redeeming points or rewards is between the Customer and the Vendor. We may assist informally but have no obligation or liability with respect to such disputes.
6.Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Create fake accounts, falsify check-ins or purchases, or otherwise manipulate points, streaks, or rewards;
- Reverse engineer, scrape, probe, or attempt to gain unauthorized access to the Service or its systems;
- Interfere with or disrupt the Service, including by transmitting malware or placing unreasonable load on our infrastructure;
- Upload content that is infringing, defamatory, deceptive, obscene, or otherwise objectionable;
- Impersonate any person or entity or misrepresent your affiliation with anyone.
7.Intellectual Property
The Service, including its software, design, text, graphics, and logos, is owned by Food Truck Rewards or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Service.
Content you submit (such as a Vendor's business name, menu descriptions, and logo) remains yours. You grant us a worldwide, royalty-free license to host, display, and use that content as needed to operate, promote, and improve the Service.
8.Third-Party Services
The Service relies on third-party providers, including payment processing (Stripe), hosting and infrastructure, and app distribution platforms. We are not responsible for the acts, omissions, outages, or policies of third-party providers. Your use of third-party services may be subject to their own terms.
9.Disclaimer of Warranties
10.Limitation of Liability
11.Indemnification
You agree to defend, indemnify, and hold harmless Food Truck Rewards and its owner, officers, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms or applicable law; (c) your content; (d) if you are a Vendor, your products, services, promotions, loyalty program terms, or your dealings with Customers; or (e) your infringement of any third party's rights.
12.Dispute Resolution — Arbitration & Class Action Waiver
Please read this section carefully. It affects your legal rights.
- Informal resolution first: Before filing any claim, you agree to contact us at the address in Section 17 and attempt in good faith to resolve the dispute informally for at least 30 days.
- Mediation: If a dispute is not resolved informally, either party may request non-binding mediation before a neutral mediator in Richland County, Ohio (or remotely by video), with the costs of the mediator shared equally. Mediation is encouraged but not required before arbitration.
- Binding arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in Richland County, Ohio, or remotely by video, at your option.
- Class action waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims.
- Exceptions: Either party may bring an individual claim in small claims court, or seek injunctive relief in court for infringement or misuse of intellectual property.
- Opt-out: You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out.
- Jury trial waiver: TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES ITS RIGHT TO A TRIAL BY JURY.
- Fees and costs: Each party bears its own attorneys' fees and costs unless the arbitrator finds a claim was frivolous or brought in bad faith, in which case the arbitrator may award fees to the prevailing party. Arbitration filing and administration fees are allocated under the applicable AAA rules.
- Time limit on claims: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.
13.Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms, suspected fraud or abuse, legal risk, or discontinuation of the Service. You may stop using the Service and delete your account at any time. Sections that by their nature should survive termination (including Sections 5, 7, and 9–16) survive.
14.Changes to the Service or Terms
We may modify, suspend, or discontinue the Service (in whole or in part) at any time. We may also update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-app notice). Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
15.Governing Law
These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles. For any matter not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Richland County, Ohio.
16.General
- Entire agreement: These Terms, together with the Privacy Policy and (for Vendors) the Vendor Agreement, are the entire agreement between you and us regarding the Service.
- Severability: If any provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
- No waiver: Our failure to enforce any provision is not a waiver of the right to enforce it later.
- Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
17.Contact
Questions about these Terms? Contact us at flavoronwheels26@gmail.com.