Fairbite — Terms of Service (Diners)

Welcome to Fairbite, operated by Cleverstreet Ventures LLC (“Fairbite,” “we,” “our,” or “us”).

These Terms of Service (“Terms”) govern your access to and use of Fairbite’s website, mobile application, and ordering platform (collectively, the “Services”).

By creating an account, placing an order, or using Fairbite in any way, you agree to these Terms.

If you do not agree, please do not use our Services.

1. Eligibility

To use Fairbite, you must:

• Be at least 18 years old,
• Have the legal capacity to enter into a binding contract,
• Provide accurate and complete account information.

You are responsible for maintaining the confidentiality of your account credentials.

2. Fairbite’s Role

Fairbite provides a platform that connects diners with restaurants and drivers.

We do not prepare food, nor do we directly deliver food.

Restaurants are responsible for food preparation, quality, ingredients, and packaging.

Drivers are independent contractors responsible for pickup and delivery.

Fairbite is not liable for food quality, preparation methods, or restaurant-provided information.

3. Orders & Payment

When you place an order, you authorize us to:

• Charge your selected payment method for the total order amount, including taxes, fees, delivery charges, and tips.
• Transmit your order details to the restaurant and driver.

Orders are non-refundable once accepted by the restaurant unless:

• There was a system error,
• The restaurant cancels,
• Or the order cannot be fulfilled.

Fairbite reserves the right to refuse or cancel any order for any reason.

4. Delivery Windows & Hot Box Technology

Fairbite uses advanced heating and temperature-maintenance technology (“Hot Box”) to help keep food warm until delivery.

However:

• Exact temperatures may vary,
• Delivery windows are estimates,
• External conditions may impact food quality.

Fairbite is not responsible for delays caused by traffic, weather, accidents, or driver availability.

5. Menu Information & Allergens

Menu information, including ingredients, allergens, nutrition facts, and availability, is provided by restaurants.

Fairbite does not guarantee the accuracy of this information.

You are responsible for reviewing menu details and contacting the restaurant directly if you have allergies or dietary concerns.

6. Promotions, Rewards & Subscriptions

Fairbite may offer:

• Promo codes
• Free delivery credits
• Referral bonuses
• Subscription services

All promotional offerings:

• Are subject to change,
• May be revoked at any time,
• Cannot be transferred or resold.

Subscription programs automatically renew unless you cancel before the renewal date.

7. User Conduct

You agree not to:

• Abuse, threaten, or harass drivers or restaurant staff
• Interfere with the operation of the platform
• Attempt to reverse-engineer or copy Fairbite technology
• Use fraudulent payment methods

Fairbite may suspend or terminate your account for violating these Terms.

8. Cancellations & Refunds

Refund requests must be submitted through the app or customer support.

Fairbite may provide refunds or credits at our sole discretion.

Approved refunds may take up to 7 business days to process.

You may cancel an order before it is accepted by the restaurant at no charge.

Once accepted, cancellation fees may apply.

9. Third-Party Services

Fairbite integrates with third-party payment providers, mapping services, and communication tools.

Your use of these services may be subject to separate third-party terms.

Fairbite is not responsible for third-party systems, outages, or security issues outside our control.

10. Limitation of Liability

To the maximum extent permitted by law:

• Fairbite is not responsible for damages arising from food quality, delivery delays, incorrect orders, or restaurant actions.
• Fairbite is not liable for indirect, incidental, punitive, or consequential damages.
• Fairbite’s total liability shall not exceed the amount paid by you for the order in dispute.

Some states do not allow certain limitations—those limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Fairbite, its employees, contractors, affiliates, and partners from any claims, damages, losses, liabilities, or expenses arising from your use of the Services or violation of these Terms.

12. Privacy Policy

Your privacy is important to us.

By using Fairbite, you consent to the collection and use of your data as outlined in our Privacy Policy.

A full Privacy Policy can be generated if you need it.

13. Dispute Resolution & Arbitration

Any dispute arising out of these Terms will be resolved through binding arbitration in the State of Texas, except where prohibited by law.

Both parties waive the right to a jury trial.

14. Termination

Fairbite may suspend or terminate your account at any time for behavior that violates these Terms or harms the platform.

You may stop using Fairbite at any time by closing your account.

15. Changes to the Terms

Fairbite may update these Terms periodically.

We will notify you of material changes by email or in-app notice.

Continued use of the Services constitutes acceptance of updated Terms.

16. Contact Information