These Terms & Conditions ("Terms") govern your access to and use of the websites, mobile applications, and other services provided by Eatrys Inc ("Eatrys", "we", "us", or "our"). By accessing or using our Services you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not access or use our Services.

These Terms reference other important policies that form part of the agreement between you and Eatrys, including our Privacy Policy and any Cookie Notice. Please read those documents as well because they describe how we collect and handle personal information.

1. Definitions

"Services" means the Eatrys website, mobile applications (including the Eatrys Foodtruck app), and any other services offered under the Eatrys brand. "User" or "you" refers to any person who accesses or uses the Services. "Food Truck Operator" means an individual or business that lists or otherwise uses Eatrys to advertise or operate a food truck or mobile food service.

2. Acceptance of Terms

By accessing or using our Services you confirm that you have read, understood, and agree to these Terms and any policies referenced herein. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Eligibility

You must be at least 18 years old to create an account and use the Services, unless you have parental or guardian consent where permitted by law. By using the Services you represent and warrant that you meet any applicable eligibility requirements and that information you provide during registration is accurate and complete.

4. Account Registration & Security

To use certain features you may be required to create an account. You agree to:

• Provide true, accurate, current and complete information;
• Maintain and promptly update your account information;
• Keep your password and authentication credentials confidential;
• Notify Eatrys immediately of any unauthorized use of your account.

We may suspend, disable, or terminate your account if you breach these Terms or for any other legitimate reason.

5. Use of the Services

Eatrys provides an online platform that connects users with food trucks and mobile food providers. Services may include search and discovery features, saved favorites, directions, ratings and reviews, and communications tools.

Eatrys is a technology platform and is not the operator, owner, or provider of the food trucks or the food sold by food trucks listed on the platform. We do not control or guarantee the quality, safety, legality, or availability of products or services offered by third parties. Your interactions with food truck operators or other third parties are solely between you and that third party.

6. Food Truck Operators & Third Parties

If you are a Food Truck Operator listing your business, you are responsible for maintaining accurate listing information and complying with all applicable laws and permits. You agree to:

• Provide accurate descriptions of your products and services;
• Possess all necessary permits, licenses, and approvals;
• Follow health, safety, and local ordinances;
• Be responsible for any taxes you owe related to your use of the Services.

We may provide marketplace features (ratings, reviews, messaging) allowing Users and Food Truck Operators to communicate. We are not responsible for disputes between users and food truck operators, but may remove content, suspend listings, or disable features for violations of these Terms.

7. Location & GPS Features

Our mobile apps may request access to your device’s location to enable location-based services (for example, to show nearby food trucks). If you grant permission, we will use location information in accordance with our Privacy Policy. You can disable location access in device settings; doing so may limit certain features.

Location data is approximate and not guaranteed to be accurate. Do not rely on the Services for precise location data in emergencies.

8. Fees, Payments & Refunds

Some features may require payment (for example, promotional listings). If paid features are offered, you will be presented with terms and fees at the time of purchase.

Payments are processed by third-party processors. We do not store full payment card details. By making a purchase you represent that you are authorized to use the payment method you provide. Refunds, if any, will be handled per the refund policy applicable to the purchase.

9. Content & Intellectual Property

All materials on the Services (text, graphics, logos, images, audio, video, software, and other content) are owned by Eatrys or our licensors and protected by intellectual property laws. Except as expressly permitted, you may not copy, reproduce, distribute, create derivative works of, publicly display, or otherwise exploit our content for commercial purposes.

10. User-Provided Content

You may post, submit, upload, or otherwise make available content (for example reviews, photos, comments). By providing content you grant Eatrys a worldwide, non-exclusive, transferable, sublicensable, royalty-free right to use, copy, modify, adapt, publish, translate, distribute, perform and display such content in connection with operating and promoting the Services.

You are solely responsible for the content you provide and represent that you have the necessary rights to post it. We may remove or refuse content that violates these Terms or our policies.

11. Prohibited Conduct

When using the Services you will not:

• Use the Services for illegal purposes or to violate any law;
• Interfere with or disrupt the Services or networks connected to the Services;
• Attempt to gain unauthorized access to other accounts or systems;
• Upload or distribute malicious code or unsolicited advertising;
• Impersonate another person or provide false information;
• Sell, resell, or exploit the Services for commercial purposes without prior written consent.

12. Third-Party Services & Links

The Services may link to third-party websites, services, and integrations (such as Google Maps, social logins, or payment processors). We do not control third-party content or practices and are not responsible for them. Your interactions with third parties are solely between you and that party. Review third-party terms and privacy policies before interacting with them.

13. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT WITH EATRYS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, EATRYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EATRYS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EATRYS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

IN NO EVENT SHALL EATRYS'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID EATRYS IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

15. Indemnification

You agree to indemnify, defend and hold harmless Eatrys, its affiliates, and their officers, directors, employees, agents and licensors from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) your breach of these Terms, (c) your violation of any third-party right, or (d) your content.

16. Termination

We may suspend or terminate your access to all or part of the Services at any time, with or without cause, including for violation of these Terms. Upon termination, rights and licenses granted to you will immediately cease. Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

17. Governing Law & Dispute Resolution (Arbitration)

Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Binding Arbitration; Waiver of Class Actions and Jury Trial

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration before a single arbitrator in Kent County, Delaware, U.S.A..

The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. Judgment on the award may be entered in any court having jurisdiction.

No Class Actions. You and Eatrys agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Eatrys agree otherwise, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of a representative or class proceeding.

Waiver of Jury Trial. You and Eatrys waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury.

Exceptions. Notwithstanding the foregoing arbitration requirement, either party may apply to a court of competent jurisdiction for provisional injunctive relief to protect its intellectual property rights or to prevent imminent and irreparable harm.

18. Changes to Terms

We may modify these Terms from time to time. If we make material changes, we will post the updated Terms on the Services and update the "Last updated" date. Your continued use after changes become effective constitutes acceptance of the revised Terms.

19. Severability & Waiver

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect. No waiver of any breach will be deemed a waiver of any subsequent breach.

20. Contact Information

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

Eatrys Inc
8 THE GREEN, STE A
DOVER, Kent County
DE 19901
United States

Email: info@eatrys.com
      

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