Foodie Cart LLC Terms of Service

1. Definitions

"Service" refers to the online e-commerce platform provided by Foodie Cart LLC.

"Software" means all applications, updates, documentation, and materials provided as part of the Service.

"User Data" means any data, information, or content you provide, submit, or store while using the Service.

"Account" denotes the personal or company account created to access the Service.

"User Provided Assets" include any logos, branding materials, trademarks, images, and other media you upload for use on your designated pages.

2. Acceptance of Terms

By creating an Account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including all policies referenced herein. If you do not agree with any part of these Terms, you must discontinue your use of the Service immediately.

3. Grant of Access

Subject to your compliance with these Terms, Foodie Cart LLC grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service solely for your internal business operations. This grant does not confer any ownership rights in the Software or any underlying intellectual property.

4. Account Registration and Security

Registration: You must register for an Account to access the Service. All information provided during registration must be accurate and up to date.

Security: You are responsible for safeguarding your account credentials. All activities performed under your Account are your responsibility.

Notification: Notify Foodie Cart LLC immediately if you suspect any unauthorized use of your Account or any security breach.

5. Multi-Tenancy and Data Segregation

Shared Environment: The Service is delivered via a multi-tenant architecture. Although Foodie Cart LLC employs industry-standard measures to segregate and protect User Data, absolute isolation in a shared cloud environment cannot be guaranteed.

Data Handling: By using the Service, you agree to the data processing practices as described in our Privacy Policy.

6. Fees and Payment

Subscription Fees: Access to the Service may require payment of subscription fees or other charges as set forth in our pricing and billing terms.

Payment Processing: All online payments are processed through our designated credit card provider. You agree to provide valid credit card information and authorize such charges for continued access to the Service.

Holdback for Refunds, Chargebacks, and Related Fees: Foodie Cart LLC reserves the right to withhold a portion of the funds owed to your company. This reserve—either a specified minimum or an amount determined by your sales and charge volume—is intended to cover any refunds, chargebacks, or related fees incurred in connection with the Service.

Billing and Renewal: Payment, renewal, and cancellation policies are set forth in our Payment Terms incorporated by reference herein.

Non-Refundability: Unless expressly provided otherwise or required by law, fees are non-refundable.

7. Intellectual Property Rights

Ownership: All intellectual property rights in the Software and Service remain the exclusive property of Foodie Cart LLC or its licensors.

Limited License: You are granted only the rights necessary to access and use the Service as outlined herein. No additional rights, titles, or interests are transferred to you under these Terms.

8. User Content and Branding Materials

8.1 Prohibited Graphic Content

Content Restrictions: Your use of the Service must not include uploading images or graphic content that is excessively graphic, violent, pornographic, explicit, or otherwise offensive. Foodie Cart LLC reserves the right to remove any such content and may suspend your access to the Service for violations.

8.2 Use of User Provided Assets

License for Branding: To ensure that your sales pages remain consistent with your brand identity, you grant Foodie Cart LLC a limited, non-exclusive, royalty-free license to use any logos, branding materials, trademarks, and related assets ("User Provided Assets") that you upload.

Usage Scope: These User Provided Assets may only be displayed, reproduced, and distributed within your designated pages on our platform. We will not use or share these assets outside your specific pages without your explicit permission.

9. Disclaimer of Warranties

"As Is" Basis: The Service is provided on an "as is" and "as available" basis without any warranties, express or implied.

Disclaimer: Foodie Cart LLC disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

Exclusion of Damages: Under no circumstances will Foodie Cart LLC be liable for any indirect, incidental, consequential, special, or punitive damages related to or arising from your use of the Service.

Cap on Liability: The maximum cumulative liability of Foodie Cart LLC under these Terms shall not exceed the total fees paid by you in the twelve (12) months immediately preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Foodie Cart LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses—including reasonable legal fees—that arise from:

• Your use of the Service.
• Your breach or violation of these Terms.
• Your infringement of any third party's rights.

12. Term and Termination

Term: These Terms become effective when you begin using the Service and remain in effect until terminated.

Termination by Foodie Cart LLC: Foodie Cart LLC may terminate or suspend your access to the Service immediately if you violate these Terms.

Effects of Termination: Upon termination, your access rights and any licenses granted under these Terms will immediately cease, and you must stop using the Service.

13. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction].

Dispute Resolution: Any disputes arising from or related to these Terms will be subject to binding arbitration (or litigation, if specified) in [Your Jurisdiction].

14. Modifications to the Terms

Foodie Cart LLC reserves the right to modify these Terms at any time. Continued use of the Service following any modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically for any changes.

15. Entire Agreement

These Terms, together with any supplementary policies referenced herein (such as our Privacy Policy, Payment Terms, and Service Level Agreement), constitute the entire agreement between you and Foodie Cart LLC regarding your use of the Service, superseding all prior discussions or agreements.

16. Contact Information

If you have any questions regarding these Terms, please contact:

Foodie Cart LLC
support@foodie-cart.com