Terms of Service

The Service is a technology platform that provides an online marketplace which enables connections between personal chefs, caterers and other individuals who wish to list, offer, sell, and deliver food items and meal orders ("Meal(s)") to customers who browse and purchase Meals. Users who purchase Meals through the Service are "Customer(s)," and users who list, prepare and sell Meals through the Service are "Seller(s)."

YallaBites offers a marketplace—it is not itself a Seller and is not preparing, packaging, or selling any food. The Service includes enabling users to connect with each other and related services, but we are not a party to any purchase or sales transaction.

Sellers are independent business owners and independent contractors to Customers and not employees, partners, representatives, agents, joint venturers, or franchisees of YallaBites. YallaBites does not cook, package or deliver food and does not employ people to cook, package or deliver food.

You may be required to register with YallaBites in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form.

The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended users of the Service.

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account.

You are solely responsible for all descriptions, pictures, listings, information, data, text, music, sound, graphics, video, messages, or other materials ("content") that you upload, post, publish, or display via the Service. You agree not to use the Service to:

• Sell, post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Solicit personal information from anyone under the age of 18
• Harvest or collect email addresses or other contact information of other users
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Violate any applicable local, state, national or international law

For any Meal and related content posted using the Service, a Seller is required to provide a comprehensive list of ingredients contained in or otherwise used to prepare the Meal, including any known allergens. YallaBites is not responsible for the accuracy of the information and labeling of Meals delivered to Customers.

You should not use this service if you have food allergies. YallaBites shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any Meals purchased through the Service.

All Users represent and warrant that:

• You are at least of the legally required age in the jurisdiction in which you reside
• You have the right, authority and capacity to enter into this Agreement
• You have read, understand and agree to be bound by these Terms of Service and the Privacy Policy
• You will respect the privacy and data protection rights of Users
• You will fulfill the commitments you make to other Users
• You will act professionally and responsibly in your interactions with other Users
• You will use your real name or business name on your profile

Sellers additionally represent and warrant that:

• You are operating as a sole proprietor, partnership, LLC, corporation or other business entity
• You have the unrestricted right to earn income in the jurisdiction in which you will be selling food
• You have and will maintain all necessary licenses or authorizations to prepare, package, handle and sell all foods
• Your operations, facility, and equipment will at all times comply with all applicable laws and regulations
• You will follow safe practices for the handling, preparation, and packaging of food
• You have any and all insurance required to operate your business
• You will disclose each and every ingredient to your Customers including all major allergens

Fees: Registering for the Service is free; however, YallaBites charges certain fees for various transactions effected through the Service, as set forth in our fee policy.

Taxes: Meals purchased by and delivered to Customers in locations in the U.S. may be subject to applicable state or local sales or use tax. Customers are responsible for paying the applicable purchase price for a purchased Meal, as well as any delivery costs and applicable Taxes.

Payments: Customers may pay for Items using credit cards or other payment methods as may be determined by YallaBites from time to time. Sellers will be prompted to provide bank account details so that we may facilitate transfer of payments received from Customers.

You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. The YallaBites name and logos are trademarks and service marks of YallaBites.

With respect to the content or other materials you upload through the Service ("User Content"), you represent and warrant that you own all right, title and interest in and to such User Content. By uploading any User Content, you grant YallaBites a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to use your User Content in connection with the operation of the Service.

You agree to release, indemnify and hold YallaBites and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury arising out of or relating to your use of the Service, any User Content, your connection to the Service, your breach of these Terms of Service or your violation of any rights of another.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YALLABITES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YALLABITES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS. IN NO EVENT WILL YALLABITES'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID YALLABITES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

You agree that any and all disputes or claims that have arisen or may arise between you and YallaBites shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court.

You may opt out of the requirement to arbitrate by notifying YallaBites in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to: 9450 SW Gemini Dr, Suite 92716, Beaverton, Oregon 97008-7105.

You agree that YallaBites may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for breach of the Terms of Service, for lack of use or if YallaBites believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.

These Terms of Service constitute the entire agreement between you and YallaBites and govern your use of the Service. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions.

At YallaBites, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

If you have any questions about these Terms of Service, please contact us at:

YallaBites, Inc.
9450 SW Gemini Dr, Suite 92716
Beaverton, Oregon 97008-7105 US
Email: legal@yallabites.com