Terms of Service
Last Updated: January 15, 2025
1. Agreement to Terms
These Terms of Service ("Terms") are a legally binding agreement between you ("you," "your," or "User") and Food Rider Delivery, Inc. ("Food Rider Delivery," "we," "our," or "us") that governs your access to and use of the Food Rider Delivery website, mobile apps, and delivery partnership services (together, the "Service").
By using our Service, you agree to follow these Terms. If you do not agree to these Terms, you may not use the Service.
2. Service Description
Food Rider Delivery provides a delivery partnership service that connects restaurants with delivery drivers through our AI-powered dispatch system that finds the closest available driver regardless of platform. Our Service includes technology integration, driver management, and delivery logistics to help restaurants reduce delivery costs and improve customer satisfaction.
3. Eligibility
To use our Service, you must:
- Be at least 18 years of age
- Be authorized to act for the restaurant you represent
- Have the legal authority to enter into binding contracts
- Follow these Terms and all applicable laws and regulations
4. Account Registration and Security
To use certain features of our Service, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for keeping your account credentials safe and for all activities that happen under your account.
5. Use of the Service
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that breaks applicable laws or regulations
- Send or upload any content that is harmful, offensive, or inappropriate
- Interfere with or disrupt the Service or servers connected to the Service
- Try to gain unauthorized access to any part of the Service
- Use the Service to compete with Food Rider Delivery or for any commercial purpose not clearly allowed
6. Restaurant Partnership Terms
If you are a restaurant partner, additional terms apply to your use of the Service:
- You must keep all necessary licenses and permits to operate your restaurant
- You are responsible for the quality and safety of all food items
- You must follow all applicable health and safety regulations
- You agree to provide accurate menu information and pricing
- You are responsible for preparing orders on time
7. Fees and Payment
Our fee structure will be outlined in your service agreement. Fees may include but are not limited to:
- Flat fee per delivery order
- Additional fees for premium services
Payment terms will be specified in your service agreement. We reserve the right to change our fee structure with appropriate notice.
8. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of Food Rider Delivery and its licensors. The Service is protected by copyright, trademark, and other laws. You may not copy, distribute, modify, or create derivative works of any part of the Service without our express written permission.
9. Privacy Policy and Marketing Consent
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices about collecting and using your information.
Marketing Communications Consent: By providing your contact information through our website, including contact forms, application forms, or scheduling tools, you expressly consent to receive marketing communications from Food Rider Delivery. This includes emails, phone calls, text messages, and direct mail about our services, promotional offers, and business updates. You may opt out of these communications at any time using the methods described in our Privacy Policy.
Lead Generation: You consent to our collection and use of your information for legitimate business purposes, including lead qualification, sales activities, business relationship management, and partnership development. This includes contacting you to discuss our services, schedule consultations, and follow up on inquiries.
10. Savings Calculator and Financial Projections
Calculator Results Disclaimer: Any savings calculations, projections, or estimates provided through our website (including but not limited to our savings calculator), communicated directly in sales calls, in-person meetings, email communications, or any other form of direct communication, are for informational and illustrative purposes only. These calculations do not guarantee actual savings or financial results. Actual savings may vary significantly based on numerous factors including, but not limited to:
- Average order value and order volume
- Customer distance from the restaurant
- Whether customers are using DashPass or similar subscription services
- Individual restaurant operations and order volume
- Market conditions and delivery app fee structures
- Geographic location and delivery distances
- Seasonal variations in business
- Changes in third-party delivery platform policies
- Restaurant-specific operational factors
- Customer ordering patterns and preferences
- Delivery platform fee structures and promotions
- Local market conditions and competition
- Many other factors that may impact actual savings
No Guarantees on Savings Dollar Amounts: Food Rider Delivery makes no representations, warranties, or guarantees regarding any specific savings dollar amounts or the accuracy of any savings calculations or projections, whether communicated through our website, in sales calls, in-person meetings, email communications, or any other form of direct communication. We do not guarantee that you will save any specific dollar amount. Actual savings could vary significantly from projected savings. We provide basic projections based on basic mathematical calculations, but these projections are not guaranteed and should not be relied upon as promises of actual savings, regardless of how or where they are communicated to you. You should not rely solely on these calculations when making business decisions, and Food Rider Delivery is not held liable for any differences between projected and actual savings. Note that any performance guarantee referenced elsewhere in these Terms relates only to commission reduction percentages, not to specific dollar savings amounts.
11. Referral Program Income Disclaimers
Income Results May Vary: Any income projections, earnings examples, or financial success stories related to our referral program are for illustrative purposes only and do not guarantee similar results. Actual referral program income may vary significantly based on numerous factors including, but not limited to:
- Individual effort and time invested in referral activities
- Quality and quantity of referrals submitted
- Conversion rates of referred restaurants
- Market conditions and restaurant industry trends
- Geographic location and local market saturation
- Changes in referral program terms and bonus amounts
- Individual sales and networking abilities
No Income Guarantees: Food Rider Delivery does not guarantee any specific level of income from the referral program. Past performance does not guarantee future results. Referral program participation requires effort and results will vary by individual.
Program Terms Subject to Change: Referral program terms, bonus amounts, eligibility requirements, and payment schedules may be modified at any time at Food Rider Delivery sole discretion. Participants will be notified of material changes to the program.
12. Testimonials and Case Studies Disclosure
Real Customer Experiences: All testimonials featured on our website, marketing materials, and promotional content are based on real customer experiences and results. However, we may use illustrative examples and representative scenarios to demonstrate typical customer experiences and outcomes.
Savings Calculations Methodology: All savings figures and financial benefits outlined in our testimonials reflect reductions in third-party delivery app commission fees only. These savings calculations specifically exclude Food Rider Delivery's service fees. When we state that a restaurant saves a certain amount per month or per year, this figure represents:
- The reduction in commission fees paid to third-party delivery platforms (such as DoorDash, Uber Eats, Grubhub, etc.)
- The difference between their previous commission rate (typically 30%) and their current commission rate (typically 15% or lower)
- This calculation does NOT factor in Food Rider Delivery's flat fee per order structure
Service Fee Structure: Food Rider Delivery charges a small flat fee per delivery order for our services. This fee is separate from and in addition to any delivery app commission fees. While testimonials focus on commission savings, actual net savings will be reduced by our service fees. The exact service fee structure is outlined in individual service agreements.
First-Party Ordering Integration: In many cases, we connect restaurant partners to first-party ordering solutions where they pay 0% commission fees on direct orders. When testimonials mention commission savings, this may include a combination of reduced commission rates on third-party platforms and zero-commission direct ordering channels. First-party ordering still incurs Food Rider Delivery's flat fee per order.
Individual Results May Vary: Testimonials represent specific customer experiences and should not be interpreted as a guarantee of similar results for all restaurants. Actual savings and results will vary based on numerous factors including:
- Individual restaurant order volume and average order value
- Current delivery platform commission rates and agreements
- Geographic location and market conditions
- Customer ordering preferences and behavior
- Implementation of first-party ordering solutions
- Restaurant operational efficiency and service quality
- Seasonal business variations
Transparency Commitment: We are committed to transparency in all our testimonials and case studies. If you have questions about how savings are calculated or how our service fees may affect your specific situation, please contact us for a personalized assessment.
13. Performance Guarantee Terms
$10,000 Performance Guarantee: Food Rider Delivery offers a performance guarantee ("Guarantee") under specific conditions as outlined below. This Guarantee is subject to the following eligibility requirements and limitations:
- Eligibility Requirements: The Guarantee only applies to restaurants that meet ALL of the following criteria:
- Are not currently using Food Rider Delivery's system or services
- Are not using any similar system or service designed to reduce delivery commission fees
- Are not currently operating self-delivery services
- Are currently paying 30% or higher in delivery commission fees to third-party platforms
- Can demonstrate that Food Rider Delivery is unable to reduce their delivery commission fees by at least 1%
- Commission Threshold: The Guarantee only applies to restaurants currently paying 30% or higher in delivery commission fees. Restaurants paying less than 30% (e.g., 25%, 20%, etc.) are not eligible for this Guarantee.
- Self-Delivery Exclusion: Restaurants that are already operating self-delivery services are excluded from this Guarantee, regardless of their current commission rates.
- Similar System Exclusion: Restaurants using any system or service designed to reduce delivery commission fees (including but not limited to commission reduction services, delivery optimization platforms, or similar technologies) are excluded from this Guarantee.
- Performance Standard: The Guarantee requires Food Rider Delivery to demonstrate the ability to reduce delivery commission fees by at least 1% from the restaurant's current rate. If this minimum reduction cannot be achieved, the Guarantee may be invoked.
- Fee Structure Clarification: Commission reductions refer specifically to third-party delivery app commission fees only. Any stated commission reduction does not include Food Rider Delivery's own flat fee per order, which is charged separately and is not part of the commission reduction calculation.
- Delivery App Fee Structure Contingency: This Guarantee is contingent upon third-party delivery apps maintaining their current fee structures and policies. If delivery apps change their fee structures, commission rates, or policies in a way that affects the ability to achieve any meaningful commission reduction, this Guarantee may be modified or voided at Food Rider Delivery's discretion.
- Eligible Delivery Platforms: This Guarantee applies to restaurants using major third-party delivery platforms where Food Rider Delivery can demonstrably reduce commission rates. Restaurants using platforms where commission reduction is not technically feasible or not supported by the platform's business model are not eligible for this Guarantee.
- Verification Process: Food Rider Delivery reserves the right to verify eligibility through documentation, system audits, and other reasonable means before honoring any Guarantee claim.
- Guarantee Amount: The maximum amount of the Guarantee is $10,000 per eligible restaurant.
- Claim Process: Guarantee claims must be submitted in writing within 90 days of service implementation and must include documentation supporting the claim.
- Minimum Order Volume Requirement: The Guarantee only applies to restaurants that process a minimum of 300+ delivery orders per month on a single eligible delivery platform. Restaurants with lower order volumes are excluded from this Guarantee regardless of other eligibility criteria.
- Implementation Compliance: Restaurants must fully comply with all Food Rider Delivery implementation guidelines, recommendations, and best practices. Failure to follow implementation protocols, integrate properly, or maintain recommended operational standards voids this Guarantee.
- Market Conditions Exclusion: This Guarantee is void during economic downturns, pandemics, natural disasters, or other force majeure events that may affect delivery operations or market conditions. Food Rider Delivery reserves the right to suspend this Guarantee during such periods.
- Restaurant Operational Standards: Restaurants must maintain acceptable operational standards including response times, order accuracy, customer ratings, and overall service quality. Restaurants with poor operational performance, low customer ratings, or operational issues are excluded from this Guarantee.
- Sustained Performance Requirement: The Guarantee requires sustained performance over a minimum 90-day period after full implementation. Single-day or short-term performance snapshots do not qualify for Guarantee claims.
- Documentation Burden: Restaurants must provide extensive third-party documentation proving they were actually paying 30% or higher commission rates before implementation, including but not limited to delivery platform statements, financial records, and third-party verification. Incomplete or insufficient documentation voids this Guarantee.
- Restaurant Type Restrictions: This Guarantee only applies to independent restaurants and excludes franchises, chains, multi-location operations, ghost kitchens, or restaurants with complex operational structures that may affect delivery optimization.
- Single Platform Limitation: The Guarantee applies only to one delivery platform per restaurant. Restaurants using multiple platforms must choose which single platform the Guarantee applies to, and performance on other platforms does not affect Guarantee eligibility.
- Performance Measurement Period: The 90-day performance measurement period begins only after Food Rider Delivery confirms full implementation and optimization is complete. Any delays in implementation or optimization extend the measurement period accordingly.
Important Limitations: This Guarantee is not a general promise of results and does not apply to all restaurants. It is specifically limited to the conditions outlined above. Food Rider Delivery reserves the right to modify or discontinue this Guarantee at any time with appropriate notice.
14. Delivery Service Disclaimers
Delivery Issues and Driver Availability: Food Rider Delivery is not responsible for any delivery issues of any kind, including but not limited to:
- Drivers not showing up for scheduled deliveries
- Delivery delays or late deliveries
- Failed or missed deliveries
- Lost or damaged deliveries
- Driver conduct or behavior issues
- Technical failures affecting delivery coordination
- Weather-related delivery disruptions
- Any other delivery-related problems or complications
Food Rider Delivery cannot be held liable for any delivery issues, problems, damages, losses, or consequences arising from or related to delivery services, regardless of whether such issues are caused by drivers, third-party delivery platforms, weather conditions, technical failures, or any other circumstances beyond our direct control. While we work to facilitate delivery coordination through our service platform, we do not guarantee the performance, availability, or reliability of delivery drivers or third-party delivery services.
Restaurants and customers use delivery services at their own risk, and Food Rider Delivery disclaims all liability related to the actual delivery of orders, food items, or other products.
15. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOOD RIDER DELIVERY MAKES NO PROMISES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, FOOD RIDER DELIVERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
16. Limitation of Liability
IN NO EVENT SHALL FOOD RIDER DELIVERY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.
17. Indemnification
You agree to defend, indemnify, and hold harmless Food Rider Delivery and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer's fees).
18. Termination
We may terminate or suspend your account and stop access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
19. Governing Law
These Terms shall be interpreted and governed by the laws of the State of Washington, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought only in the federal or state courts located in Washington.
20. Dispute Resolution
Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in Washington.
21. Severability
If any part of these Terms is held to be invalid or unenforceable by a court, the remaining parts of these Terms will remain in effect.
22. Entire Agreement
These Terms are the only and complete agreement between you and Food Rider Delivery regarding the Service and replace all prior and current understandings, agreements, representations, and warranties.
23. Changes to Terms
We reserve the right to change or replace these Terms at any time. If a revision is important, we will try to provide at least 30 days' notice before any new terms take effect. What makes a change important will be determined at our sole discretion.
24. Advertising and Marketing Compliance
Food Rider Delivery engages in advertising and marketing activities to promote our services. By using our Service or providing your information, you acknowledge and agree that:
- Advertising Content: You may see advertisements for our services on various platforms, including social media, search engines, and other websites.
- Third-Party Platforms: We may advertise on third-party platforms that have their own terms and privacy policies.
- Data Collection for Advertising: We may collect information about your interactions with our advertisements for optimization and targeting purposes.
- Compliance: Our advertising practices comply with applicable laws and regulations, including CAN-SPAM Act, TCPA, and other marketing regulations.
Business-to-Business Communications: Our marketing communications are primarily directed at business entities and individuals acting in a business capacity. If you are not acting in a business capacity, please contact us to opt out of marketing communications.
25. Force Majeure
Food Rider Delivery shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control.
26. Contact Information
If you have any questions about these Terms, please contact us at:
Food Rider Delivery
Phone: (206) 659-9660
Email: info@foodriderdelivery.com
Address: Nationwide
