Privacy Policy

Effective Date: July 10, 2026

These documents govern your use of FlashCater.com (the "Service"), a cloud-based software platform provided by FlashCater LLC ("we," "us," or "our") that enables restaurants and food service providers to create and manage their own online ordering systems for catering and meal plans. Unlike marketplaces, we do not facilitate transactions between third parties; we provide software tools for you to collect and process orders directly. By accessing or using the Service, you agree to these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Service.

These are drafted as simple, enforceable agreements under U.S. law, drawing on standard best practices for SaaS platforms. They are not a substitute for legal advice tailored to your specific circumstances.

Terms of Service

1. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract to use the Service. If you are using the Service on behalf of a business (e.g., a restaurant), you represent that you have the authority to bind that business to these Terms.

2. Account Registration and Responsibilities

To access the Service, you must create an account by providing accurate information, including your name, email, business details, and payment information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use. We may suspend or terminate your account if we suspect misuse or violation of these Terms.

3. Description of Service

The Service provides software tools for restaurants to build customizable online platforms for collecting catering orders and engaging customers. We offer integration with third-party services like Uber for delivery options, allowing you to coordinate deliveries through Uber's platform directly from our software. We do not act as a marketplace, food provider, or delivery service; you are solely responsible for your orders, food quality, deliveries, and compliance with applicable laws (e.g., food safety regulations). We are not liable for any issues arising from your use of the Service in connection with your business operations or any third-party integrations.

3.1 Third-Party Integrations

The Service may integrate with third-party providers, such as Uber for delivery services. By using these integrations, you agree to comply with the third-party's terms of service (e.g., Uber's API terms and driver agreements) and acknowledge that we have no control over their availability, performance, or policies. We may receive fees or data from these integrations but do not guarantee their functionality.

4. Permitted and Prohibited Uses

You may use the Service only for lawful purposes related to managing your restaurant's ordering system. Prohibited uses include:

  • Violating any laws or third-party rights.
  • Uploading harmful code, viruses, or malware.
  • Scraping, automating, or reverse-engineering the Service.
  • Interfering with the Service or other users.
  • Using the Service for fraudulent or deceptive activities.

We may monitor usage and remove content or suspend access for violations.

5. Intellectual Property

The Service, including all software, designs, trademarks, and content (excluding your user content), is owned by us or our licensors and protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business purposes. You may not copy, modify, distribute, or create derivative works without our written consent.

Your content (e.g., menus, images) remains yours, but you grant us a worldwide, royalty-free license to use it as needed to provide and improve the Service.

6. Payments and Fees

The Service may require subscription fees or other charges, detailed on our website. You authorize us (or our payment processors) to charge your provided payment method. Fees are non-refundable except as required by law. You are responsible for all taxes. We may update pricing with notice. For orders processed through your platform, you handle customer payments directly; we do not take commissions.

7. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, error-free, or secure access, nor do we warrant the accuracy of any tools or integrations. This includes no warranties regarding third-party services like Uber, such as delivery times, driver availability, or integration stability.

8. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, even if advised of the possibility. This limitation extends to any issues related to third-party integrations, including Uber delivery services. Our total liability shall not exceed the fees you paid us in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Service, your content, or your violation of these Terms or applicable laws.

10. Termination

We may terminate or suspend your access at any time, with or without cause. You may cancel your account by contacting us. Upon termination, your license ends, but surviving provisions (e.g., liability limits) remain.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflicts of laws. Any disputes shall be resolved exclusively in the state or federal courts in Wilmington, Delaware.

12. Changes

We may update these Terms with notice via email or the Service. Continued use constitutes acceptance.

13. Contact

Questions? Email hello@flashcater.com.

Data Protection & Privacy Policy

1. What We Process

  • Prospective business catering buyers (B2B): Name, business email and phone number, job title, and employer, sourced from public and commercial B2B sources.
  • Operating brands' past catering customers: Name, email, phone number, delivery address, and order history from customer-supplied order files.
  • Inbound replies: Content received from outreach recipients.
  • QR scan telemetry (pseudonymous): Coarse IP-derived geolocation, device and user-agent information, referrer, and a cookie identifier used for unique-scan counts.

We process no payment-card data, government identifiers, health data, biometric data, or other special-category data, and no data about minors.

2. Data Protection Principles

  • Contractual basis: Customer data is processed under the services agreement and Data Processing Agreement (DPA) with the operating brand. FlashCater acts on the brand's instructions for that data.
  • Minimization: We collect and send vendors only what each task needs. AI prompts are minimized in accordance with the FlashCater Responsible AI Policy.
  • Isolation: Enterprise customers receive dedicated, single-tenant deployments. Customer data is not co-mingled.
  • Protection: Data is encrypted in transit and at rest in accordance with our cryptographic policy. Access is managed in accordance with our access-control policy.

3. Opt-Outs & Suppression

Opt-out requests, however received, including by reply, provider webhook, phone, or customer instruction, are honored immediately and permanently across channels through our suppression list. The suppression list is checked during qualification and again at send time for every message. Reversal requires a human decision with a recorded reason.

4. Data-Subject Requests

Requests concerning an operating brand's customers are routed to and coordinated with that brand, which acts as the controller. Requests concerning prospect data that FlashCater sourced independently are handled directly by FlashCater. We verify and action these requests, including access, correction, or deletion, and add the requester to our suppression list to prevent recontact. We complete requests within 30 days.

5. Notices & Agreements

We maintain this public privacy notice at https://flashcater.com/privacy-policy. We offer each operating brand a DPA covering the processing scope, subprocessors listed in the FlashCater Subprocessor Register, breach notification within 72 hours, and the return or deletion of data.

6. How We Use Information

We use information to:

  • Operate and maintain the Service (e.g., process orders, provide support, and facilitate integrations like Uber for delivery coordination).
  • Improve features and analyze usage.
  • Communicate with you (e.g., updates, marketing with opt-out options).
  • Comply with laws, prevent fraud, and enforce Terms.

We may aggregate or de-identify data for research or marketing.

7. How We Share Information

We share information:

  • With service providers (e.g., hosting, analytics, payment processors) bound by confidentiality.
  • With third-party integration partners, such as Uber, to enable features like delivery services. This may include sharing order details, customer addresses, or contact information necessary for fulfillment. Uber's privacy policy applies to their handling of shared data.
  • For legal reasons (e.g., subpoenas) or to protect rights.
  • In business transfers (e.g., mergers).
  • With your consent.

We do not sell personal information. For orders, you (the restaurant) control customer data shared through your platform.

8. Security

We use reasonable administrative, technical, and physical safeguards to protect your information. However, no system is completely secure, and we cannot guarantee absolute security. While we secure our systems, we are not responsible for the security practices of third-party integrations like Uber.

9. Your Rights and Choices

You can:

  • Access, update, or delete your information via your account.
  • Opt out of marketing communications across channels.

California residents may request disclosure of collected data, correction, deletion, or an opt-out of sales under the CCPA/CPRA, although we do not sell personal information. Contact us to exercise these rights. We do not discriminate against anyone for exercising a privacy right. If you use third-party integrations such as Uber, you may need to exercise certain rights directly with that third party.

10. Children's Privacy

The Service is intended for businesses and adults. We do not knowingly process data about minors.

11. International Transfers

Data may be processed in the U.S. or other countries with adequate protections.

12. Changes

We may update this Policy with notice. Continued use constitutes acceptance.

13. Contact

For privacy questions or requests, email hello@flashcater.com.