The rules that keep our marketplace community running smoothly and fairly
📋 Comprehensive Agreement Notice: This Terms of Service document contains complete agreements for all user types. Section 3 includes your specific Independent Contractor Agreement (drivers), Partnership Agreement (vendors), or Service Agreement (customers). Please review your applicable section carefully, as it constitutes a legally binding agreement.
Effective Date: February 9, 2025 Last Updated: July 3, 2025 Version: 2.3 (Merchant of Record Clarification & Liability Protection)
By using Delivery Disruptor, you're agreeing to these terms. We wrote them in plain English because life's too short for legalese. If you don't agree with something here, please don't use our platform—no hard feelings!
Welcome to Delivery Disruptor Incorporated ("we," "us," "our"). We operate a marketplace that connects customers with local vendors (restaurants, stores, home-based food producers, and other local businesses) and independent delivery drivers for pickup and delivery services. While we started with food delivery, our platform can handle delivery of any legal items that comply with payment processor requirements. These Terms of Service ("Terms") govern your use of our platform, whether you're ordering items, delivering them, or selling them.
Age Requirement: You must be 18 or older to use our service. We do not allow minors to create accounts or use our platform, even with parental consent. If we discover that a user is under 18, we will immediately terminate their account.
1.1 Changes to These Terms
We may update these Terms occasionally. When we do:
Major Changes: We'll email you 30 days before they take effect
Minor Updates: We'll update the "Last Updated" date above
Your Choice: If you don't like the changes, you can stop using our service
2. Who We Are & What We Do
2.1 Our Role
Think of us as a decentralized marketplace and brokerage for delivery contracts. We:
Connect customers with local vendors and service providers
Match delivery requests with available independent contractors (drivers)
Process payments securely as a payment facilitator (vendors are the merchant of record)
Handle all payment processing costs and absorb ALL credit card processing fees
Provide customer service and dispute resolution
Take a flat 5% platform fee from all transactions (but we pay 2.9% + $0.30 per transaction in processing fees, so we often net less than 2%)
Handle all the technical infrastructure, legal compliance, and operational overhead
🏪 Merchant of Record Clarification:
Vendors are the Merchant: Each vendor is the merchant of record for their products/services
We Process Payments: We act as a payment facilitator, not the merchant
Vendor Responsibility: Vendors are fully responsible for product quality, accuracy, and fulfillment
Customer Relationship: The primary commercial relationship is between customer and vendor
Platform Role: We facilitate the transaction but don't own or control the products
💡 The Reality of Our "Razor-Thin" Margins: That 5% covers credit card processing (2.9% + 30¢ per transaction), customer service, platform maintenance, legal compliance, and all operational costs. On smaller orders, we actually lose money on the store's side of the calculation because a 30 cent additional fee (charged on every order) is essentially an additional 3%, which brings the total costs to approximately 5.9% for a $10 order. This shows that we need to ask our Drivers to contribute because we wouldn't be solvent if it weren't for their 5% contribution. This seems fair to us and helps to keep pricing simple. We're committed to never passing processing fees through to our community.
2.2 What We're NOT
Just to be clear, we are NOT:
A restaurant, store, or service provider
An employer of drivers (they're independent contractors)
Responsible for product quality or service delivery
A transportation company
Your personal quality control inspector (though we care about standards)
💡 Bottom Line: We're the marketplace platform that brings everyone together. The actual products, services, and deliveries come from our awesome community of vendors and drivers.
3. Your Role on Our Platform
For Customers (Service Agreement)
As a customer, you're here to order items for pickup or delivery. This section outlines your rights and responsibilities when using our platform.
3.1.1 Customer Eligibility
Age Requirement: Must be 18+ years old to place orders (no exceptions)
Payment Method: Valid credit/debit card or approved payment method
Accurate Information: Provide truthful contact and delivery information
Account Responsibility: Responsible for all activity on your account
Age Verification: We may require age verification documentation
3.1.2 Customer Responsibilities
Order Accuracy:
Provide correct delivery addresses and contact information
Specify any special delivery instructions clearly
Communicate dietary restrictions or allergies to vendors
Review orders carefully before confirming payment
Availability and Communication:
Be available to receive orders during estimated delivery windows
Respond to calls or messages from drivers promptly
Provide accessible delivery locations
Notify drivers of any delivery complications
Payment and Fees:
Pay vendor prices plus applicable delivery fees
Understand that tips are optional but appreciated
Ensure payment methods are valid and have sufficient funds
Accept responsibility for authorized charges
Professional Conduct:
Treat drivers and vendors with respect and courtesy
Provide honest and constructive feedback
Report issues through proper channels
Follow platform guidelines and policies
3.1.3 Customer Rights and Protections
Order Protection: Right to receive orders as described
Refund Policy: Protection under our three-tier refund policy
Privacy: Your personal information is protected per our Privacy Policy
Support: Access to customer service for order issues
Feedback: Ability to rate and review your experience
3.1.4 Customer Order Process
Browse and Select: Choose items from available vendors
Customize: Add special instructions or modifications
Review: Check order details, delivery address, and total cost
Payment: Confirm payment through secure checkout
Tracking: Monitor order status and delivery progress
Delivery: Receive order and confirm delivery
Feedback: Rate your experience (optional)
3.1.5 Customer Safety and Security
Personal Safety:
Meet drivers in safe, well-lit locations when possible
Report any safety concerns immediately
Don't share personal information beyond what's necessary
Trust your instincts if something feels wrong
Food Safety:
Check food temperature and appearance upon delivery
Report any food safety concerns immediately
Consume delivered food promptly
Communicate allergies and dietary restrictions to vendors
Payment Security:
Use secure payment methods
Monitor payment statements for unauthorized charges
Report suspicious activity immediately
Keep account login information secure
3.1.6 Customer Issue Resolution
📞 Who to Contact for Different Issues:
Since vendors are the merchant of record, here's who handles what:
Product Issues (Contact Vendor First):
Wrong items or missing items
Food quality, taste, or preparation issues
Allergen concerns or dietary restriction violations
Food safety concerns or contamination
Product-related refunds or replacements
Delivery Issues (Contact Platform):
Driver behavior or professionalism concerns
Delivery location or timing problems
Driver safety or vehicle concerns
Delivery-related damages or incidents
Payment Issues (Contact Platform):
Billing questions or payment disputes
Refund processing inquiries
Platform fee questions
Payment method or technical issues
Platform Issues (Contact Platform):
App or website technical problems
Account access issues
General platform functionality
3.1.7 Customer Account Management
Account Information: Keep profile and payment information current
Order History: Access to complete order history and receipts
Preferences: Set delivery preferences and dietary restrictions
Communications: Manage notification preferences
Account Closure: Right to close account at any time
3.1.8 Customer Prohibited Activities
⚠️ Prohibited Customer Activities:
Placing fraudulent or fake orders
Harassing drivers, vendors, or customer service
Attempting to bypass payment systems
Sharing account credentials with others
Using the platform for illegal activities
Manipulating ratings or reviews
Attempting to contact drivers outside platform
Refusing delivery without valid reason
For Drivers (Independent Contractor Agreement)
Independent Contractor Status: You're not our employee. You're an independent business owner who chooses when, where, and how to work. This section constitutes your independent contractor agreement with Delivery Disruptor.
🚗 Driver Independence Criteria:
To maintain your independent contractor status, you have the following freedoms and responsibilities:
Schedule Freedom: Set your own work hours and schedule
Equipment Ownership: Use your own vehicle, phone, and delivery equipment
Delivery Choice: Accept or reject delivery requests without penalty
Multi-Platform Work: Work for multiple delivery platforms simultaneously
Business Expenses: Responsible for your own gas, maintenance, and business costs
No Quotas: No minimum hour requirements or performance mandates
Route Control: Choose your own delivery routes and methods
3.2.1 Driver Eligibility Requirements
To become a driver on our platform, you must meet these requirements:
Age: Minimum 18 years old (19+ in some jurisdictions)
Transportation Method:
Any legal transportation method (walking, bicycle, scooter, motorcycle, car, etc.)
Must be appropriate for the delivery distance and item type
Must comply with local transportation regulations
For Motor Vehicle Users:
Valid driver's license and clean driving record
Valid vehicle registration and up-to-date inspection
Valid auto insurance meeting state requirements
Vehicle in good working condition
For Non-Motor Vehicle Users:
Must follow all local traffic laws and regulations
Equipment must be in safe working condition
Must be physically capable of completing deliveries safely
Background Check: Pass criminal background check (driving record check for vehicle users)
Smartphone: Compatible device with GPS and camera capabilities
Legal Work Authorization: Authorized to work in your delivery area
3.2.2 Driver Responsibilities and Standards
Professional Conduct:
Maintain professional appearance and demeanor
Communicate politely with customers and vendors
Respond to customer inquiries promptly
Follow all delivery instructions and special requests
Safety Requirements:
Follow all traffic laws and safe driving practices
Never drive under the influence of alcohol or drugs
Use hands-free devices for phone calls while driving
Maintain vehicle in safe operating condition
Delivery Standards:
Accept orders in good faith when choosing to work
Pick up orders promptly from vendors
Deliver orders within estimated timeframes
Handle food and items with care and hygiene
Use insulated bags for temperature-sensitive items
Deliver items exactly as received from vendor (do not verify contents)
Report any obvious packaging damage or issues to platform immediately
Do not open sealed packages or verify order contents
Documentation:
Take delivery confirmation photos when required
Keep delivery receipts and documentation
Report any incidents or issues immediately
Maintain accurate records for tax purposes
3.2.3 Driver Compensation
💰 How Driver Earnings Work:
Base Delivery Fee: You keep 95% of delivery fees (currently $0.50/km)
Tips: You keep 95% of all customer tips
Platform Fee: We keep 5% of all earnings to cover processing and platform costs
Payment Schedule: Weekly direct deposit every Tuesday
Minimum Payout: $10 minimum for payout (earnings below this roll over)
Processing Fees: We absorb all credit card processing fees (2.9% + 30¢)
3.2.4 Driver Performance and Quality Standards
Completion Rate: Maintain reasonable completion rate for accepted orders
Customer Rating: Maintain professional conduct to ensure positive customer experiences
Response Time: Respond to platform notifications within reasonable timeframes
Availability: Work consistently when choosing to be online
Communication: Keep customers informed about delays or issues
3.2.5 Driver Equipment and Transportation Standards
Transportation Flexibility:
Choose your own transportation method (walking, cycling, scooter, car, etc.)
Match transportation method to delivery requirements
Maintain your equipment in safe working condition
Comply with all local transportation regulations
For Motor Vehicle Users:
Keep vehicle clean and well-maintained
Ensure all lights and safety equipment work properly
Maintain bicycle/scooter in good working condition
Follow all traffic laws and bike lane regulations
Use appropriate weather protection for deliveries
Universal Delivery Equipment:
Insulated delivery bags for temperature control
Hand sanitizer and cleaning supplies
Phone charger and secure mount
Delivery confirmation supplies (when needed)
Weather protection for items and equipment
3.2.6 Driver Termination and Suspension
⚠️ Account Actions: We may suspend or terminate your driver account for:
Violation of these terms or platform policies
Criminal activity or arrest
Driving under the influence
Unsafe driving practices or traffic violations
Fraud or misrepresentation
Harassment of customers or vendors
Failure to maintain required insurance or documentation
Consistent poor performance or customer complaints
3.2.7 Driver Intellectual Property and Confidentiality
Platform Use: You may use our platform solely for delivery services
Confidentiality: Keep customer information confidential
No Solicitation: Don't solicit customers for other services
Branding: Follow our branding guidelines when representing the platform
3.2.8 Driver Business Relationship
Independent Business: You acknowledge that:
You are running your own delivery business
We are not your employer and provide no employee benefits
You are responsible for all business expenses and taxes
You may work for competitors and other platforms
You control your own work schedule and methods
This relationship can be terminated by either party at any time
For Vendors (Partnership Agreement)
Whether you're a restaurant, store, home-based business, or service provider, you're the heart of our marketplace. This section constitutes your partnership agreement with Delivery Disruptor.
3.3.1 Vendor Eligibility and Requirements
To become a vendor on our platform, you must meet these requirements:
Business Registration: Valid business license and registration
Health Permits: Current health department permits (for food vendors)
Insurance: General liability insurance recommended ($1M+ coverage)
Location: Physical business location or approved home-based operation
Age: Business owner must be 18+ years old
Financial Account: Valid bank account for payment processing
Compliance: Meet all local, state, and federal regulations
3.3.2 Vendor Responsibilities and Standards
🏪 Merchant of Record Responsibilities:
As the merchant of record for your products/services, you are fully responsible for:
Product Quality: All aspects of food/product quality, safety, and freshness
Order Accuracy: Ensuring drivers receive the correct items for each order
Product Liability: Any issues arising from your products or services
Customer Satisfaction: Primary responsibility for customer experience with your products
Regulatory Compliance: All health, safety, and business regulations
Licensing and Compliance:
Maintain all required business licenses and permits
Follow all applicable regulations (health codes, safety standards, etc.)
Notify us immediately of any license suspensions or violations
Comply with all local zoning and business operation requirements
Menu and Pricing Management:
Provide accurate, current menu items and prices
Update availability and pricing in real-time
Maintain consistency between platform and in-store pricing
Provide detailed ingredient lists and allergen information
Honor all prices displayed on the platform
Order Fulfillment and Driver Handoff:
Prepare orders promptly and accurately according to customer specifications
Verify order contents before handing to driver
Package items securely and appropriately for delivery
Provide clear labeling for special instructions or dietary restrictions
Communicate any issues or substitutions to customers directly
Ensure drivers receive exactly what the customer ordered
Take responsibility for any missing or incorrect items
Customer Service and Product Issues:
Handle all product-related issues, complaints, and questions
Process refunds for product quality or accuracy issues
Respond to customer inquiries in a timely manner
Maintain professional communication standards
Take ownership of product-related disputes
3.3.3 Food Safety and Quality Standards (Food Vendors)
Food Safety Requirements: Food vendors must adhere to strict food safety standards:
Health Code Compliance: Follow all local health department regulations
Temperature Control: Maintain proper food temperatures during preparation and pickup
Sanitation: Maintain clean preparation areas and equipment
Allergen Management: Clearly identify allergens and prevent cross-contamination
Expiration Dates: Use fresh ingredients and properly rotate stock
Packaging: Use food-safe, tamper-evident packaging
Staff Training: Ensure all staff are trained in food safety procedures
3.3.4 Vendor Compensation and Payments
💰 How Vendor Earnings Work:
Revenue Share: You keep 95% of all sales revenue
Platform Fee: We keep 5% to cover processing and platform costs
Processing Fees: We absorb ALL credit card processing fees (2.9% + 30¢)
Payment Schedule: Weekly direct deposit every Tuesday
Minimum Payout: $25 minimum for payout (earnings below this roll over)
Tax Reporting: 1099 forms issued for annual earnings $600+
No Hidden Fees: No setup fees, monthly fees, or additional charges
3.3.5 Marketing and Branding
Business Representation:
Provide accurate business information and descriptions
Upload high-quality photos of your business and products
Maintain current business hours and contact information
Respond to customer reviews professionally
Trademark and IP:
You retain ownership of your business name and branding
Grant us permission to display your business information
Don't use our trademarks without permission
Ensure all content you provide doesn't infringe third-party rights
Marketing Participation:
Participate in platform-wide promotions (optional)
Provide promotional materials when requested
Maintain consistent branding across all marketing materials
3.3.6 Vendor Performance Standards
Order Accuracy: Maintain high order accuracy rates
Preparation Time: Meet estimated preparation times consistently
Vendors: Keep 95% of sales (we take 5%, but pay 2.9% + 30¢ per transaction in processing fees)
Drivers: Keep 95% of delivery fees + 95% of tips (same fee structure)
Payment Processing: We cover 2.9% + 30¢ per transaction on ALL payments
Our Actual Take: Less than 2% on average, but 2.1% at most.
Real Talk: On a $10 order, we collect 50¢ from a store but pay 59¢ in processing fees - meaning we lose 9¢ to keep pricing simple for stores. This is why we would not be able to be solvent without asking Drivers to also contribute 5%. On a $20 order, we collect $1 from stores but pay 88¢ in fees, netting just 12¢ from the store's contribution. Other platforms charge 20-30% AND pass processing fees through to vendors. We absorb ALL processing costs to keep our community thriving. The only way we'll be able to make more money is by increasing the scale of our business to a volume that allows us to negotiate better rates with our Payment Processor. The only way any of this is possible, is by focusing on delivering outstanding customer service.
5.2 Delivery Fee Structure
Our delivery fees work like this:
Distance-Based: Currently $0.50 per kilometer of delivery distance
Subject to Change: We may adjust rates based on market conditions, fuel costs, and operational needs
Potential Scaling: For longer deliveries, fees may scale non-linearly (meaning the rate per kilometer might increase for very long distances)
Transparency: Customers see the total delivery fee before confirming their order in Stripe. The delivery fee is displayed on the Stripe checkout page.
Fair Distribution: Drivers keep 95% of delivery fees, we keep 5% (but pay 2.9% + 30¢ in processing fees out of that)
💳 The Full Cost Picture: Every transaction costs us 2.9% + 30¢ in processing fees. We absorb these costs completely rather than passing them on to vendors or drivers. This is why we need that flat 5% from all revenue streams - and why on smaller transactions, we actually operate at a loss with respect to stores in order to keep pricing simple and fair.
5.3 Payment Processing
We use secure payment processors (like Stripe) to handle money. This means:
Your payment info is encrypted and secure
Drivers and vendors get paid weekly
Refunds are processed within 3-5 business days
We may hold funds temporarily if there are disputes or fraud concerns
5.4 Refunds & Cancellations (Our Fair Policy)
We believe in fairness when things go wrong. Our refund policy depends on who's responsible for the issue:
🛍️ Customer-Initiated Cancellations/Refunds
When: You change your mind, cancel after placing order, or request refund for reasons unrelated to service quality
Policy: 5% platform service fee retained
Rationale: We've already incurred processing costs and administrative overhead. This covers our basic costs while still providing you with 95% of your money back.
Example: $20 order → $19 refund (we keep $1 service fee)
🔧 Operational Issues
When: Vendor is closed, out of stock, long delays, driver unavailable, or other operational problems
Policy: Processing fees only retained (approximately 2.9% + 30¢)
Rationale: These aren't your fault, but we still have to pay the credit card processing fees. We absorb our platform fee to make it right.
Example: $20 order → $19.12 refund (because the payment processor is charging us around ~88¢ processing fee)
🏢 Platform Issues (Our Fault)
When: Technical problems, our system errors, or other issues that are clearly our responsibility
Policy: Full refund, no fees retained
Rationale: When we mess up, we make it completely right. We absorb all costs including processing fees.
Example: $20 order → $20 refund (we absorb all costs)
🎯 Why This Policy is Fair:
Transparency: You know exactly what to expect based on the situation
Responsibility: The party responsible for the issue bears the cost
Sustainability: Allows us to provide refunds without going out of business
Customer Protection: You're never left without recourse when things go wrong
5.5 Dispute Resolution Process
When you need a refund or have an issue:
Contact Support: Reach out to us through the app or email
Investigation: We'll review the situation and determine the appropriate policy tier
Resolution: Refunds are processed within 3-5 business days
Notification: You'll receive an email explaining the resolution and refund amount
Chargeback Warning: If you dispute charges with your credit card company instead of working with us first, we may be charged additional fees by our payment processor. These fees may affect your eligibility for future refunds.
5A. Food Safety & Delivery Responsibilities
⚠️ Important Food Safety Notice
Food delivery involves inherent risks that all parties must understand and accept. Since vendors are the merchant of record for all food products, they bear primary responsibility for food safety and quality.
🏪 Merchant of Record Responsibility: As the merchant of record, vendors are fully liable for all aspects of food safety, quality, and regulatory compliance. The platform facilitates transactions but does not control or inspect food preparation.
5A.1 Customer Responsibilities
Allergies: Communicate ALL allergies and dietary restrictions directly to vendors before ordering
Special Diets: Verify ingredient lists and preparation methods with vendors for kosher, halal, vegan, gluten-free, etc.
Medications: Consult your doctor about food interactions with medications
High-Risk Groups: Pregnant women, elderly, immunocompromised individuals should exercise extra caution
Temperature Check: Verify food temperature upon delivery and report concerns immediately
Visual Inspection: Check food for tampering, unusual appearance, or damage before consuming
5A.2 Vendor Responsibilities
Food Safety: Follow all applicable health codes and food safety regulations
Accurate Labeling: Provide truthful ingredient lists and allergen information
Proper Storage: Maintain appropriate temperatures and storage conditions
Packaging: Use secure, tamper-evident packaging for delivery orders
Communication: Respond to customer questions about ingredients and preparation
Licensing: Maintain all required permits and health department approvals
5A.3 Driver Responsibilities
Temperature Control: Use insulated bags and maintain food temperature during delivery
Hygiene: Wash hands regularly and use hand sanitizer
Tamper Prevention: Ensure food packaging remains sealed and secure
Timely Delivery: Minimize delivery time to maintain food safety
Vehicle Cleanliness: Keep delivery vehicle clean and food storage areas sanitized
5A.4 Platform Limitations
What We Cannot Guarantee:
Allergen-Free Environment: We cannot guarantee cross-contamination prevention
Dietary Compliance: We cannot verify religious or dietary restriction compliance
Food Quality: We are not responsible for taste, freshness, or preparation quality
Temperature Maintenance: We cannot guarantee food temperature throughout delivery
Ingredient Accuracy: We rely on vendor-provided ingredient information
Health Outcomes: We are not responsible for food-related illness or allergic reactions
5A.5 Reporting Food Safety Issues
If you experience food safety concerns:
Immediate Safety: Stop eating and seek medical attention if needed
Preserve Evidence: Save remaining food and packaging
Report to Us: Contact support immediately with photos and details
Health Department: Report serious issues to local health authorities
Documentation: Keep medical records if seeking treatment
🍽️ Bottom Line: Food safety is a shared responsibility. We provide the platform, but food safety starts with vendors, continues with drivers, and ends with informed customers making smart choices.
6. What's Allowed & What's Not
6.1 What We Encourage
Ordering delicious food, services and sundries
Being kind to everyone in our community
Providing feedback to help us improve
Following local health and safety guidelines
Supporting local businesses
6.2 What's Not Allowed
Don't do these things (seriously):
Fraud: Fake orders, false claims, or payment scams
Harassment: Being rude, threatening, or discriminatory to anyone
Unsafe Behavior: Dangerous driving, food tampering, or health violations
System Abuse: Trying to hack, overload, or game our platform
Illegal Activities: Using our platform for anything illegal
Inappropriate Content: Offensive messages, images, or behavior
6.3 Payment Processor Compliance
🏦 Important for Vendors & Drivers: We use Stripe to process payments, which means we ALL have to follow Stripe's rules. If any user violates these rules, it could shut down payment processing for our entire platform. That's why these restrictions matter to everyone in our community.
Most Relevant Restrictions for Food Delivery:
Illegal Products: No illegal drugs, substances, or any illegal activities
Adult Content: No adult services or explicit content
Gambling: No games of chance with monetary prizes
Tobacco & Marijuana: No tobacco products or cannabis (even where legal)
Weapons: No firearms, weapons, or dangerous materials
Alcohol: Requires special approval and licensing
Fraudulent Activities: No fake products, misleading claims, or scams
For the complete list (yes, it's long, but it protects all of us), see the full Stripe compliance section below.
We use Stripe to handle all payments on our platform. Stripe has strict rules about what businesses can use their services. If ANY user on our platform violates these rules, Stripe could shut down payment processing for our ENTIRE platform - meaning nobody gets paid and the service stops working.
That's why every food partner and driver needs to understand and follow these rules.
7.1 Prohibited Businesses
You must not use our platform for any of these business types or activities. This list comes directly from Stripe and is non-negotiable:
Illegal Products and Services
Illegal drugs, substances designed to mimic illegal drugs (including kava)
Equipment for making or using drugs
Fake references or ID-providing services
Telecommunications manipulation equipment including jamming devices
Businesses that promote unlawful violence or harm to persons or property
Businesses that promote violence toward any group based on race, religion, disability, gender, sexual orientation, or national origin
Any other products or services that violate laws where your business operates
Adult Content and Services
Adult services, including prostitution, escorts, pay-per-view, sexual massages
Adult video stores, gentleman's clubs, topless bars, strip clubs
Online dating services, including matchmakers
Pornography and mature content depicting nudity or explicit sexual acts
AI-generated adult content
Debt Relief Companies
Debt settlement, debt negotiation, and debt consolidation
Gambling
Games of chance including gambling, internet gambling, casino games, sweepstakes with monetary prizes
Games of skill with monetary prizes (video game tournaments, etc.)
Sports forecasting or odds making with monetary prizes
Lotteries and bidding fee auctions
Identity Services
Identity theft protection services including monitoring and recovery
Intellectual Property Violations
Unauthorized distribution of music, movies, software, or licensed materials
Counterfeit goods
Illegally imported or exported products
Unauthorized sale of brand name or designer products
Certain Legal Services
Bankruptcy attorneys
Bail bonds
Law firms collecting funds for non-legal purposes
Lending and Credit
Loan repayments with credit cards
Credit monitoring, credit repair and counseling services
Marijuana and Cannabis
Cannabis products and dispensaries
CBD products with THC levels above legal limits
Marijuana cultivation equipment or courses
Questionable Pharmaceuticals
Pseudo pharmaceuticals focused on weight loss or sexual performance
Products making unsupportable or harmful health claims
Cryptocurrency
Cryptocurrency mining and staking
Initial coin offerings (ICOs)
Secondary NFT sales
Travel Restrictions
Commercial airlines and cruises
Timeshare services
Deceptive Practices
Pyramid schemes and multi-level marketing
"Get rich quick" schemes
Businesses with deceptive claims or fake testimonials
No value-added services (reselling without benefit)
Sales of online traffic or engagement
Telemarketing and door-to-door sales
Document falsification services
Weapons and Dangerous Materials
Guns, ammunition, fireworks, and explosives
Weapon components and 3D-printed weapons
Pepper spray, stun guns, swords, machetes
Disguised knives and quick-deployment blade weapons
Professional-grade pesticides
Toxic, flammable, or radioactive materials
7.2 Restricted Businesses (May Require Approval)
These businesses may be allowed with prior written approval from Stripe:
Content Creation Platforms
Platforms where creators receive tips for content
Platforms selling exclusive content or digital goods
Regulated Industries
CBD products (with proper documentation)
Financial products and services
Pharmaceuticals, medical devices, and telemedicine
Tobacco products
Non-fiat currency and stored value
7.3 Your Compliance Responsibilities
📋 What You Need to Do:
Review Your Business: Make sure your food business doesn't fall into prohibited categories
Monitor Your Menu: Don't add prohibited items to your offerings
Report Issues: Let us know if you see other users violating these rules
Stay Updated: These rules can change, and we'll notify you of updates
7.4 Consequences of Violations
Violating these rules can result in:
Immediate account suspension or termination
Payment processing shutdown
Potential impact on the entire platform
Legal action in severe cases
8. Liability & Risk (The Legal Protection Stuff)
8.1 What We're Responsible For
We take responsibility for:
Keeping our platform running smoothly
Processing payments securely
Providing customer support
Maintaining reasonable security measures
Following applicable laws and regulations
8.2 What We're NOT Responsible For
⚠️ Vendor Merchant Responsibility: Since vendors are the merchant of record for their products/services, we are NOT responsible for:
We are NOT responsible for:
Product Quality: Food quality, freshness, taste, or preparation - that's entirely between you and the vendor
Order Accuracy: Missing items, wrong items, or incorrect preparations - vendors are responsible for providing drivers with correct orders
Product Safety: Food safety, allergen control, or contamination - vendors must follow all health codes
Product Liability: Any illness, injury, or damage caused by vendor products or services
Vendor Compliance: Vendor licensing, permits, or regulatory compliance
Delivery Incidents: Traffic accidents, theft, or other issues during delivery (drivers are independent contractors)
Driver Actions: Remember, they're independent contractors delivering what vendors provide
Technical Issues: Your internet connection, device problems, etc.
Third-Party Services: Payment processors, map services, etc.
💡 Chain of Responsibility:
Vendors: Responsible for product quality and order accuracy
Drivers: Responsible for safe delivery of what they receive
Platform: Responsible for facilitating transactions and providing technology
Customers: Responsible for accurate delivery information and payment
Risk Acknowledgment: Using our platform involves some inherent risks. You're acknowledging these risks by using our service. We'll do our best to minimize them, but we can't eliminate them entirely.
8.3 Insurance & Protection Requirements
Proper insurance coverage is essential for all platform users:
8.3.1 Mandatory Requirements for Drivers
Auto Insurance: Valid auto insurance meeting your state's minimum requirements
Coverage Maintenance: Insurance must remain active throughout your delivery activities
Commercial Coverage: Strongly recommended for delivery activities (personal policies may exclude commercial use)
Liability Limits: We recommend minimum $100,000 per person/$300,000 per incident
Verification: You may be required to provide proof of insurance
Disclosure: Inform your insurance company about delivery activities
8.3.2 Recommended Coverage for Vendors
General Liability: Recommended minimum $1 million per occurrence
Product Liability: Especially important for food vendors
Business License: All required permits and health department approvals
Workers' Compensation: If you have employees
Property Insurance: For equipment and inventory
8.3.3 Customer Protection Tips
Safety First: Report any safety concerns immediately
Documentation: Take photos of any damaged or concerning deliveries
Emergency Contacts: Keep local emergency numbers handy
Incident Reporting: Report accidents or incidents to us within 24 hours
⚠️ Insurance Disclaimer: We do not provide insurance coverage for users. Each user is responsible for obtaining appropriate insurance coverage for their activities on our platform.
8.4 Warranty Disclaimers
⚠️ Important Warranty Disclaimer
Our platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to:
Merchantability: We don't warrant that our platform will meet your specific needs
Fitness for Purpose: We don't guarantee our platform is suitable for your particular use
Non-Infringement: We don't warrant that our platform won't infringe third-party rights
Accuracy: We don't warrant the accuracy of vendor-provided information
Availability: We don't guarantee uninterrupted or error-free service
Security: We don't warrant that our platform is completely secure
Results: We don't guarantee specific outcomes from using our platform
You use our platform at your own risk and judgment.
9. Dispute Resolution (When Things Go Sideways)
9.1 Our Preferred Approach
When disputes happen, here's how we handle them:
Direct Communication: Try to work it out directly first
Contact Support: Reach out to us if you can't resolve it
Investigation: We'll review the situation and relevant information
Fair Resolution: We'll make a decision based on facts and fairness
Final Steps: If you're still not happy, you may pursue legal options
9.2 Arbitration Agreement
Binding Arbitration: Most disputes between you and Delivery Disruptor will be resolved through binding arbitration rather than in court. This agreement:
Covers: All disputes arising from these Terms or your use of our platform
Arbitrator: American Arbitration Association (AAA) or similar neutral arbitrator
Location: Arbitration will be conducted in New York, NY (or remotely by mutual agreement)
Fees: We'll pay arbitration fees for claims under $10,000
Appeals: Arbitration decisions are final and binding
Exceptions: You may still use small claims court for qualifying disputes
30-Day Opt-Out: You may opt out of arbitration by emailing [email protected] within 30 days of agreeing to these Terms.
9.3 Class Action and Jury Trial Waiver
⚠️ Important Waiver: You agree that:
No Class Actions: Disputes will be resolved individually, not as part of a class action
No Jury Trials: You waive your right to a jury trial
No Group Arbitration: Claims cannot be combined with other users' claims
Individual Resolution: Each dispute will be handled separately
If you don't agree with these waivers, you may opt out using the procedure above or discontinue using our service.
10. Communications & Privacy
10.1 How We'll Contact You
By using our service, you agree to receive:
Order Updates: Confirmations, delivery notifications, receipts
Account Messages: Important updates about your account or our service
Marketing (Optional): Promotional offers and updates (you can opt out anytime)
SMS Messages: Text updates about orders and deliveries
10.2 Your Communication Responsibilities
Keep your contact info current
Respond to important messages promptly
Be respectful in all communications
Don't spam or harass other users
📱 SMS Consent: Standard messaging rates apply. You can opt out by texting STOP to any of our messages.
10.3 Electronic Communications Consent
Electronic Communications Agreement: By using our platform, you consent to receive all communications from us electronically, including:
Email notifications and updates
SMS text messages
In-app notifications and messages
Legal notices and policy updates
Account statements and receipts
You agree that all electronic communications satisfy any legal requirements that such communications be in writing. You can withdraw consent by contacting us, but this may limit your ability to use our services.
10.4 Communication Standards
Delivery Method: We may communicate via email, SMS, push notifications, or in-app messages
Current Information: You must keep your contact information current
Spam Prevention: We won't sell your contact information to third parties
Response Time: We aim to respond to inquiries within 24 hours
Emergency Communications: Critical safety issues will be communicated immediately
11. Account Termination
11.1 When You Can Leave
You can stop using our service anytime by:
Deleting your account through the app
Contacting customer support
Just not using it anymore
11.2 When We Might Ask You to Leave
We may suspend or terminate accounts for:
Age violations: Being under 18 years old or providing false age information
Violating these Terms
Fraudulent or illegal activity
Repeated poor behavior
Safety concerns
Providing false information
Excessive chargebacks or disputes
Violating Stripe's prohibited business rules
11.3 What Happens After Termination
You lose access to your account
Pending orders may be cancelled
Outstanding payments will be processed
Some data may be retained for legal/tax purposes
12. Legal Stuff (Because We Have To)
12.1 Governing Law
These Terms are governed by the laws of New York State, where we're based. Any legal disputes will be handled in New York courts.
12.2 Entire Agreement
These Terms, along with our Privacy Policy, represent the complete agreement between us. They replace any previous agreements or understandings.
12.3 Severability
If any part of these Terms is found to be invalid or unenforceable, the rest of the Terms will still apply.
12.4 No Waiver
If we don't enforce a particular part of these Terms, that doesn't mean we're waiving our right to enforce it later.
12.5 Assignment
We may transfer these Terms and our rights/obligations to another company if we're acquired or merge. You can't transfer your account or obligations without our permission.
12.6 Indemnification
Your Indemnification Obligations: You agree to defend, indemnify, and hold harmless Delivery Disruptor, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
Your use of our platform or services
Your violation of these Terms of Service
Your violation of any applicable laws or regulations
Your violation of any third-party rights, including intellectual property rights
Any content, information, or materials you provide through our platform
Your negligent or wrongful conduct
Food safety issues arising from your food preparation or handling (vendors)
Vehicle accidents or delivery incidents (drivers)
This indemnification obligation survives termination of these Terms.
12.7 Force Majeure
We are not liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to:
Natural Disasters: Earthquakes, floods, hurricanes, fires, or other acts of nature
Government Actions: Laws, regulations, sanctions, or government orders
Labor Issues: Strikes, lockouts, or other labor disputes
Technical Failures: Internet outages, server failures, or cyber attacks
Public Health Emergencies: Pandemics, epidemics, or health-related government restrictions
Infrastructure Problems: Power outages, telecommunications failures, or transportation disruptions
During force majeure events, we will make reasonable efforts to resume normal operations as soon as possible.
12.8 Intellectual Property
Our platform and all content, features, and functionality are owned by Delivery Disruptor and are protected by intellectual property laws. You may not:
Copy, modify, or create derivative works from our platform
Reverse engineer or attempt to extract source code
Use our trademarks, logos, or branding without permission
Remove or alter any proprietary notices
You retain ownership of content you provide, but grant us a license to use it for platform operations.
12.9 Data Retention and Privacy
Your privacy is important to us. Our data practices are governed by our Privacy Policy, which is incorporated into these Terms by reference. We may retain certain data for legal, tax, and business purposes as outlined in our Privacy Policy.
12.9.1 Your Data Rights
Access: You can request access to your personal data we hold
Correction: You can request correction of inaccurate personal data
Deletion: You can request deletion of your personal data (subject to legal retention requirements)
Portability: You can request export of your data in machine-readable format
Opt-out: You can opt out of marketing communications at any time
12.9.2 Data Export and Portability
Upon request, we will provide you with:
Order History: Complete record of your orders and transactions
Account Data: Your profile information and preferences
Performance Data: Ratings, reviews, and performance metrics (for drivers/vendors)
Communication History: Platform messages and support interactions
Data exports are provided in JSON or CSV format and delivered within 30 days of request.
12.10 Accessibility
We strive to make our platform accessible to users with disabilities. If you encounter accessibility barriers, please contact us so we can work to address them.
12.11 Tax Reporting and Compliance
📊 Tax Responsibilities:
Independent Contractors: Drivers and vendors are responsible for their own tax obligations
1099 Reporting: We'll issue 1099 forms to drivers and vendors earning $600+ annually
Record Keeping: Keep detailed records of your earnings and expenses
Quarterly Payments: Consider making quarterly estimated tax payments
Professional Advice: Consult a tax professional for guidance
Business Expenses: Vehicle expenses, equipment, and other business costs may be deductible
12.12 Environmental and Sustainability Commitments
🌱 Our Sustainability Goals:
Transportation Diversity: We support all forms of transportation including walking, cycling, and electric vehicles
Packaging Responsibility: We encourage vendors to use sustainable packaging materials
Local Economy: We prioritize connecting customers with local businesses to reduce transportation distances
Digital Operations: We minimize paper usage through digital receipts and communications
Route Optimization: We use technology to optimize delivery routes and reduce unnecessary travel
12.12.1 User Environmental Responsibilities
Drivers:
Consider eco-friendly transportation options when feasible
Minimize idling time and optimize routes
Properly dispose of delivery materials
Vendors:
Consider sustainable packaging options
Minimize food waste through accurate inventory management
Use energy-efficient preparation methods when possible
Customers:
Combine orders when possible to reduce deliveries
Recycle packaging materials properly
Support local businesses to reduce transportation impact
12.13 Accessibility and Inclusion
We are committed to making our platform accessible to all users, including those with disabilities:
Platform Accessibility: We strive to meet WCAG 2.1 guidelines for web accessibility
Accommodation Requests: Contact us for specific accessibility needs or accommodations
Inclusive Design: We continuously improve our platform based on user feedback
Alternative Access: We provide alternative ways to access our services when needed
Feedback Welcome: Please report accessibility barriers so we can address them
📊 Tax Responsibilities:
Independent Contractors: Drivers and vendors are responsible for their own tax obligations
1099 Reporting: We'll issue 1099 forms to drivers and vendors earning $600+ annually
Record Keeping: Keep detailed records of your earnings and expenses
Quarterly Payments: Consider making quarterly estimated tax payments
Professional Advice: Consult a tax professional for guidance
Business Expenses: Vehicle expenses, equipment, and other business costs may be deductible
💡 Translation: This is standard legal language that basically says these terms are enforceable and comprehensive. We're not trying to trick you with hidden clauses.
13A. Emergency Procedures and Incident Response
13A.1 Emergency Situations
🚨 Immediate Emergency Response
For life-threatening emergencies: Call 911 immediately
Our platform support is NOT emergency services. In case of: