Effective Date: July 29, 2025
These Terms of Service ("Terms") 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. 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.
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.
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.
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.
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.
You may use the Service only for lawful purposes related to managing your restaurant's ordering system. Prohibited uses include:
We may monitor usage and remove content or suspend access for violations.
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.
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.
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.
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.
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.
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.
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.
We may update these Terms with notice via email or the Service. Continued use constitutes acceptance.
Questions? Email hello@flashcater.com.