IV Eats Terms of Service

1. Acceptance of Terms

By creating an account or using the IV Eats app or website (the "Service"), operated by Eats Collective LLC, a California limited liability company ("IV Eats," "we," "us"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Description of Service

IV Eats is a marketplace platform that allows participating restaurants ("Restaurants") to list surplus food and ingredients for discounted purchase and pickup by customers ("you," "Customer"). IV Eats is not itself a restaurant, food preparer, or seller of food — it facilitates transactions between Customers and independent Restaurants.

3. Eligibility and Accounts

3.1 You must be able to form a binding contract to use the Service.

3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

3.3 You agree to provide accurate information when creating your account and completing orders.

4. Orders, Payment, and Fees

4.1 When you place an order, you authorize IV Eats to charge your selected payment method for the item subtotal, plus any applicable IV Eats service fee, plus applicable sales tax.

4.2 IV Eats' service fee and applicable tax will be displayed as separate, itemized amounts before you complete payment.

4.3 Payments are processed by Stripe. IV Eats does not store your full payment card details.

4.4 Restaurants set their own pickup windows for each listed item. It is your responsibility to pick up your order within the stated window. IV Eats and the Restaurant are not obligated to provide a refund or replacement for orders not picked up within the stated window.

5. Refund Policy

5.1 Except as described in this section, all sales through IV Eats are final.

5.2 If an item you purchased becomes unavailable due to an oversell (for example, if the last unit of an item is purchased by another customer before your order is fulfilled), you will automatically receive a full refund for that item.

5.3 IV Eats may, at its discretion, issue refunds in other circumstances, but is not obligated to do so.

6. Food Safety and Liability Disclaimer

6.1 Restaurants listed on IV Eats are independent businesses, not employees or agents of IV Eats. IV Eats does not prepare, handle, inspect, or guarantee the quality, safety, or accuracy of any food listed or sold through the Service.

6.2 Each Restaurant is solely responsible for complying with applicable food safety laws, accurately describing its listings (including known allergens), and the quality and safety of the food it provides.

6.3 IV EATS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FOOD SOLD THROUGH THE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM CONTAMINATION. IV EATS IS NOT LIABLE FOR ANY ILLNESS, INJURY, ALLERGIC REACTION, OR OTHER HARM ARISING FROM FOOD PURCHASED THROUGH THE SERVICE.

6.4 If you have a known food allergy or dietary restriction, you are responsible for confirming ingredients directly with the Restaurant before purchasing.

7. Prohibited Conduct

You agree not to: use the Service for any unlawful purpose; interfere with or disrupt the Service; attempt to circumvent payment processing; resell items purchased through the Service; or provide false information when creating an account or placing an order.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IV EATS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO IV EATS IN THE TWO (2) MONTHS PRECEDING THE CLAIM. IV EATS IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9. Changes to the Service and These Terms

IV Eats may modify or discontinue the Service, or update these Terms, at any time. Material changes to these Terms will be communicated through the app or by email. Continued use of the Service after changes take effect constitutes acceptance.

10. Termination

IV Eats may suspend or terminate your account at any time, for any reason, including violation of these Terms.

11. Governing Law and Disputes

These Terms are governed by the laws of the State of California. Any disputes will be resolved in the state or federal courts located in Santa Barbara County, California.

12. Contact

Questions about these Terms can be sent to team@iveats.com.