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Last Updated: September 30th 2024

 

Welcome to Famished Inc. ("Famished", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our online platform (www.famished.io), including our services provided to restaurant owners ("Restaurant Owners") and users ("Users"). By accessing or using the Famished platform, you agree to comply with these Terms. Please read these Terms carefully before using our platform.

 

1. Overview

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Famished is an online ordering platform that connects Restaurant Owners with Users by integrating with Point of Sale (POS) systems to facilitate commission-free delivery orders. These Terms apply to both Restaurant Owners and Users, outlining their respective rights and obligations when using our platform.

 

2. Restaurant Owners

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2.1 POS

Integration. Famished integrates with eligible POS systems to generate digital menus and process orders. It is the responsibility of Restaurant Owners to ensure their POS system remains functional and compatible with Famished. Famished is not liable for losses due to POS system failures.

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2.2 Commission-Free Delivery.

Famished allows Restaurant Owners to offer commission-free delivery orders, provided that the restaurant's POS system is integrated with our platform. Famished marks up the menu by up to 10% (charged to the customer) and applies a $2 flat fee per order to the customer. Any fees associated with the restaurant's merchant processor or POS system are the restaurant's responsibility.

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2.3 Responsibilities.

Restaurant Owners must comply with all applicable food safety laws and regulations. Famished does not guarantee the quality or safety of food prepared by the restaurants using our platform.

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2.4 Third-Party Delivery.

Famished does not employ delivery drivers but facilitates delivery through third-party services.

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3. Users

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3.1 Fees.

When Users place orders through Famished, they are charged a markup of up to 10% plus a $2 flat fee, along with applicable taxes. By placing an order, Users agree to pay these fees. The 10% fee is applied towards actual delivery cost when applicable.

 

3.2 Use of AI-Based Search.

Famished utilizes an AI-based search model that personalizes the user experience based on information provided by Users. By using our search features, Users consent to the use of their information to enhance their experience.

 

3.3 Account Creation.

Users must create an account to use certain features of Famished's platform. Users are responsible for maintaining the security of their account and must notify Famished immediately of any unauthorized access.

 

4. General Provisions

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4.1 Eligibility.

You must be at least 18 years old to use the Famished platform. By agreeing to these Terms, you confirm that you meet this eligibility requirement.

 

4.2 Modification of Terms.

Famished reserves the right to modify these Terms at any time. We will notify you of significant changes by posting the updated Terms on our platform. Continued use of the platform after such changes constitutes your acceptance of the modified Terms.

 

5. Liability and Disclaimer

 

5.1 Limitation of Liability.

To the fullest extent permitted by law, Famished shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the platform. Famished's total liability to you for any claims shall not exceed the amount paid by you, if any, for accessing the platform.

 

5.2 No Warranties.

The Famished platform and services are provided 'as is' and 'as available' without warranties of any kind, whether express or implied. We do not guarantee uninterrupted or error-free operation of the platform.

 

6. Third-Party Services

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Famished may integrate with third-party services, including delivery partners and POS providers. We are not responsible for the actions, performance, or availability of these third parties. Any issues arising from third-party services should be addressed directly with them.

 

7. Termination

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Famished reserves the right to suspend or terminate your access to the platform at any time for any reason, including violation of these Terms. Upon termination, all rights and licenses granted to you under these Terms will cease immediately.

 

8. Governing Law and Dispute Resolution.

 

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising under these Terms will be resolved through binding arbitration, as described in our Arbitration Agreement.

 

9. Contact Information

 

If you have any questions about these Terms or the platform, please contact us at hello@famished.io