Terms of Service
Version: 2026-06-17-draft
1. Acceptance of Terms
These Terms of Service (the “Terms”) govern your use of the Fresh & Furious online ordering service (the “Service”). By accessing the Service, placing an order, or otherwise using any feature we provide, you agree to be bound by these Terms. If you do not agree, do not use the Service. We may require you to re-confirm your acceptance from time to time.
2. Description of the Service
The Service is an online platform that lets you browse menus and place food and beverage orders for pickup or dine-in at participating Fresh & Furious locations. Menu items, prices, hours, and availability are set by each location and may change at any time without notice. The Service is offered for personal, non-commercial use only.
3. Ordering and Order Accuracy
You are responsible for the accuracy of the information you submit with an order, including item selections, modifiers, special instructions, your name, and your contact details. Please review your order before submitting it. We and the relevant location reserve the right to refuse, limit, or cancel any order — for example, where an item is unavailable, where there is an apparent pricing or typographical error, or where we suspect fraud or abuse.
4. Pricing, Taxes, and Tips
All prices are shown in U.S. dollars (USD). Applicable sales tax is calculated and added at checkout based on the local tax rate for the fulfilling location. Tips are optional; if you choose to add a tip, it is charged together with your order at the time of payment. The total you authorize at checkout is the sum of your item subtotal, tax, and any tip you select.
5. Payment Processing
Payments are processed by Square, Inc. (“Square”), our third-party payment processor. When you pay, your card details are transmitted directly to Square; we do not collect or store your full card number. By submitting a payment, you also agree to Square’s applicable terms and policies, which govern the handling of your payment. We are not responsible for the acts or omissions of Square.
6. Order Fulfillment, Pickup, and Dine-In
For pickup orders, you are responsible for collecting your order at the selected Fresh & Furious location within a reasonable time after it is ready. For dine-in orders placed via a table QR code, your order is prepared for service at that location. Estimated ready or service times are approximations and are not guaranteed. Food quality is best when collected or served promptly.
7. Cancellations and Refunds
Because orders are often prepared shortly after they are placed, cancellations and refunds are granted at the discretion of the fulfilling location. Where a refund is approved, it is processed back to your original payment method through Square. The time it takes for a refund to appear depends on Square and your card issuer. If there is a problem with your order, please contact the location as soon as possible.
8. Marketing Communications and Consent
We send transactional messages (such as order confirmations and status updates) as part of providing the Service. Marketing email is opt-in: we will only send promotional messages if you have chosen to receive them. You may unsubscribe from marketing communications at any time using the link in those messages or by contacting us. Transactional messages necessary to fulfill your order are not marketing and may still be sent.
9. Acceptable Use and Prohibited Conduct
You agree not to misuse the Service. Prohibited conduct includes, without limitation: placing fraudulent or unauthorized orders; attempting to access accounts, orders, or data that are not yours; interfering with or disrupting the Service or its infrastructure; probing or scanning for vulnerabilities; using automated means to access the Service without permission; and using the Service to violate any applicable law. We may suspend or terminate access for conduct that violates these Terms.
10. Food Allergies and Dietary Disclaimer
Our food is prepared in kitchens that handle common allergens, including but not limited to gluten, soy, eggs, dairy, peanuts, tree nuts, fish, shellfish, and sesame. Cross-contact may occur. Menu descriptions may not list every ingredient. If you have a food allergy, intolerance, or dietary restriction, please contact the location directly before ordering. To the fullest extent permitted by law, we are not liable for allergen exposure or for any reaction arising from food prepared or served through the Service.
11. Disclaimers and Limitation of Liability
The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. To the maximum extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, and our total aggregate liability arising out of or relating to the Service or an order will not exceed the amount you paid for the order giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you. [DRAFT: confirm cap and carve-outs with counsel.]
12. Intellectual Property
The Service and its content — including the Fresh & Furious name, logos, trademarks, menu copy, photography, and software — are owned by us or our licensors and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Service except as expressly permitted by us in writing.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Material changes may be communicated through the Service or by other reasonable means. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of the United States and the State of [DRAFT: governing-law state], without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be subject to the jurisdiction and venue described in [DRAFT: dispute-resolution / venue clause pending counsel].
15. Contact
Questions about these Terms may be directed to Fresh & Furious at [DRAFT: contact email] or [DRAFT: company legal name and mailing address].