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Efoodapps.com Terms of Use
Effective Date: 09/19/2025
Welcome! We're excited that you're interested in efoodapps.com, and we can't wait to help you order food through our innovative text-based platform. Before you use our services, please read these Terms of Use (this "Agreement") carefully.
Table of Contents
Tiny Planet Inc. and its subsidiaries and affiliates ("Efoodapps," "efoodapps.com," "we," "our," or "us") own and operate our text-based food ordering platform, including our website (efoodapps.com), mobile applications, SMS/MMS messaging system, API services, and any other tools, technology, and programs (collectively, the "Platform") and all associated services (collectively, the "Services").
This Agreement constitutes a legally binding contract between you and us that governs your access to and use of the Platform and Services. By accessing or using the Platform or Services, sending text messages to our system, creating an account, or clicking "I Agree" (or similar), you agree to all terms and conditions of this Agreement.
IMPORTANT: PLEASE CAREFULLY REVIEW THE "DISPUTE RESOLUTION" SECTION BELOW, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH EfoodappsTHROUGH BINDING INDIVIDUAL ARBITRATION (EXCEPT FOR CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT). YOU ACKNOWLEDGE AND AGREE THAT YOU AND EfoodappsEACH WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS.
If you do not agree to these terms, do not access or use the Platform or Services. As used in this Agreement, "you" means any visitor, user, or person who accesses our Platform or Services, whether or not registered for an account.
Efoodapps is a virtual marketplace platform that connects hungry customers with third-party restaurants and food service providers through our patented text-based ordering system (U.S. Patent #11748802). You may order food through our Platform to be delivered from participating merchants, including restaurants, food trucks, and other food purveyors (collectively, the "Merchants").
2.1. Our Role and Limitations
Efoodappsis not a restaurant, food preparation entity, or delivery company. We are a technology platform that facilitates connections between customers and independent businesses.
Restaurant Services: Merchants operate independently of Efoodapps. They are required to comply with all applicable food safety, preparation, and health regulations. Efoodappsdoes not:
Delivery Services: Some deliveries are provided by {uite_url}'s network of independent delivery service providers ("Delivery Partners"). Delivery Partners are independent contractors, not employees or agents of Efoodapps. They must comply with all applicable laws, including traffic laws and insurance requirements.
2.2. Technology Platform
Our Platform utilizes patented text-to-order technology that allows customers to place food orders via SMS/MMS messaging without downloading apps or navigating complex websites. This technology is protected by intellectual property laws and represents our core innovation in the food ordering space.
3.1. Account Creation
You may create one account per person for personal use. Business accounts may be available under separate agreements. To create an account, you must:
3.2. Guest Orders
Our Platform may allow you to place orders without creating an account. If you use this feature, we may create an account for you based on the information you provide during the transaction.
3.3. Minors
If you are under 18, you must have permission from and be directly supervised by your parent or legal guardian to use the Platform. Your parent or guardian must read and agree to this Agreement on your behalf. Users under 16 are not authorized to use the Platform.
3.4. Account Security
You are responsible for:
Efoodappswill not be liable for any losses arising from unauthorized use of your account due to your failure to maintain account security.
3.5. Account Termination
If you provide false information, have invalid payment methods, or breach this Agreement, we may immediately suspend or terminate your account. Upon termination, you may forfeit any account credits, promotional offers, or unredeemed value associated with your account.
4.1. Consent to Text Communications
By providing your mobile phone number, you consent to receive text messages (SMS/MMS) from Efoodapps for:
You warrant that you are the current subscriber or authorized user of the phone number provided.
4.2. Automated Messaging
You understand and agree that messages may be sent using automated technology. Standard message and data rates may apply as charged by your wireless carrier.
4.3. Opting Out
You may opt out of different types of messages:
Order-related messages: Reply "STOP" to the number sending order messages. Note: This may affect our ability to provide order updates and delivery coordination.
Promotional messages: Reply "STOP" to promotional message numbers or adjust preferences in your account settings.
Customer service messages: Reply "STOP" to customer service numbers.
To resubscribe, text "START" to the same number. For help, text "HELP."
4.4. Carrier Information
Standard data and message rates apply. Efoodapps is not liable for delayed or undelivered messages. If you change your phone number, you must immediately update your account to prevent messages from being sent to others.
4.5. International Messaging
International messaging rates may apply for orders placed outside the United States. Check with your carrier for specific rates and availability.
5.1. Permitted Use
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes.
5.2. Prohibited Activities
You agree not to:
System Integrity:
Commercial Misuse:
Fraudulent Activities:
Harmful Conduct:
Content Violations:
5.3. Compliance Requirements
You agree to comply with all applicable laws, regulations, and this Agreement when using our Platform and Services.
6.1. Order Process
When you place an order through our Platform:
6.2. Payment Authorization
By placing an order, you authorize Efoodapps to charge your selected payment method for:
6.3. Pricing and Fees
Merchant Pricing: Prices displayed through our Services may differ from prices offered directly by Merchants or on other platforms. Such prices may not be the lowest available.
Fees and Surcharges: We reserve the right to establish, modify, or remove:
Price Accuracy: For certain transactions, subtotals shown may be estimates. We reserve the right to charge the final accurate price, including all applicable taxes.
6.4. Payment Processing
We use third-party payment processors to handle payment transactions. Your payment information is processed according to their privacy policies and procedures.
6.5. Failed Payments
If payment authorization fails:
6.6. Refunds and Credits
Payments are generally final and non-refundable, except:
7.1. Delivery Options
Delivery services may be provided by:
7.2. Delivery Terms
Timing: Delivery time estimates are approximations and may vary due to:
Location Requirements: You must provide:
Age Verification: For alcohol or age-restricted items, you must:
7.3. Delivery Issues
If delivery cannot be completed due to:
The Delivery Partner may attempt to contact you. If delivery cannot be completed, you may still be charged for the order, and refunds will be at Efoodapps's discretion.
7.4. Delivery Partner Relationship
Delivery Partners are independent contractors, not employees or agents of Efoodapps. Efoodapps is not responsible for:
8.1. Age Requirements
To order alcoholic beverages, you must:
8.2. Delivery Restrictions
Delivery Partners may refuse delivery if:
8.3. Failed Alcohol Deliveries
If alcoholic beverages cannot be delivered:
8.4. Legal Compliance
All alcohol orders are subject to local, state, and federal laws. We do not deliver alcohol to areas where prohibited by law.
9.1. Efoodappsd's Intellectual Property
The Platform and all content, including text, graphics, software, logos, trademarks, and technology (the "Materials") are owned by or licensed to Efoodapps and protected by:
9.2. Efoodapps Trademarks
The following are proprietary to Efoodapps:
9.3. License Grant
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes only.
9.4. Restrictions
You may not:
9.5. Third-Party Content
The Platform may include content owned by third parties. Such content is governed by the respective owner's terms and conditions.
9.6. Enforcement
Efoodapps actively enforces its intellectual property rights to the fullest extent of the law.
10.1. User Content Definition
"User Content" includes all information, text, images, reviews, ratings, comments, and other materials you submit, upload, post, or transmit through the Platform, including:
10.2. Content Ownership and License
You retain ownership of your User Content but grant Efoodapps an irrevocable, transferable, paid-up, royalty-free, perpetual, non-exclusive, worldwide, sublicensable license to:
10.3. Content Standards
Your User Content must not:
10.4. Reviews and Ratings
When posting reviews or ratings:
10.5. Content Monitoring
While we may monitor User Content, we are not obligated to do so. We reserve the right to:
10.6. Prohibited Conduct
You agree not to:
11.1. Privacy Policy
Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.
11.2. Data Security
We implement reasonable security measures to protect your information, but cannot guarantee absolute security of data transmitted over the internet.
11.3. Communications Consent
By using our Services, you consent to receiving electronic communications from us, including emails, text messages, and platform notifications.
11.4. Location Information
We may collect location information to:
You can control location sharing through your device settings.
12.1. Third-Party Integration
Our Platform may integrate with or link to third-party services, including:
12.2. Third-Party Responsibility
We are not responsible for:
12.3. Third-Party Terms
Your use of third-party services is subject to their respective terms and conditions.
13.1. Mobile App License
If you download our mobile application, we grant you a non-exclusive, non-transferable, revocable license to use the app on devices you own or control for personal use.
13.2. App Updates
We may automatically update the mobile application. You consent to such automatic updates and agree to install updates when available.
13.3. App Store Terms
Your download and use of our mobile application through app stores is also subject to the applicable app store's terms and conditions.
13.4. Device Requirements
You are responsible for ensuring your device meets the technical requirements for our mobile application.
14.1. Promotional Offers
We may offer various promotional programs, including:
14.2. Program Terms
Each promotional program may have specific terms and conditions provided at the time of enrollment. Participation is voluntary, and you may withdraw at any time.
14.3. Program Changes
We reserve the right to modify or discontinue promotional programs at any time with or without notice.
14.4. Abuse Prevention
We may limit, suspend, or terminate promotional benefits if we detect abuse or violation of program terms.
15.1. Platform Disclaimer
THE PLATFORM, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, Efoodapps DISCLAIMS ALL WARRANTIES, INCLUDING:
15.2. Food Safety Disclaimer
Efoodapps RELIES ON MERCHANTS TO PROVIDE ACCURATE ALLERGEN, NUTRITIONAL, AND SAFETY INFORMATION. WE DO NOT REPRESENT OR WARRANT:
15.3. Delivery Disclaimer
WE DO NOT WARRANT:
15.4. Technology Disclaimer
WE DO NOT GUARANTEE:
16.1. Damages Limitation
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Efoodapps BE LIABLE FOR:
16.2. Total Liability Cap
IN NO EVENT SHALL Efoodapps'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF:
16.3. Essential Terms
YOU AND Efoodapps AGREE THAT THESE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS ARE MATERIAL, BARGAINED-FOR TERMS OF THIS AGREEMENT.
16.4. Force Majeure
Efoodapps shall not be liable for delays or failures resulting from causes beyond our reasonable control, including:
17.1. Your Indemnification Obligation
You agree to indemnify, defend, and hold harmless Efoodapps and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:
17.2. Procedure
Efoodapps will notify you of any claim subject to indemnification and may participate in the defense with counsel of our choice at your expense.
18.1. Right to Modify
We reserve the right to modify this Agreement at any time. We will provide notice of material changes by:
18.2. Acceptance of Changes
Your continued use of the Platform after changes become effective constitutes acceptance of the modified terms. If you do not agree to changes, you must stop using the Platform.
18.3. Effective Date
All changes become effective on the date specified in the updated Agreement.
19.1. Termination by You
You may terminate this Agreement at any time by:
19.2. Termination by Efoodapps
We may suspend or terminate your access immediately if you:
19.3. Effect of Termination
Upon termination:
19.4. Survival
The following sections survive termination: Intellectual Property Rights, User Content and Conduct, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.
20.1. Informal Resolution
Before initiating formal dispute resolution, both parties agree to attempt good faith informal resolution through direct negotiation for sixty (60) days.
20.2. Binding Arbitration
Agreement to Arbitrate: You and Efoodapps agree that all disputes, claims, or controversies arising out of or relating to this Agreement, the Platform, or Services shall be resolved through binding individual arbitration rather than in court, except as specified below.
Arbitration Rules: Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA), available at www.adr.org.
Arbitrator Selection: Disputes will be decided by a single arbitrator selected according to AAA rules.
Location: Arbitration will take place in Los Angeles County, California, unless otherwise agreed.
Costs: Each party will pay their own attorney fees. Arbitration fees will be split equally unless prohibited by law.
20.3. Class Action Waiver
YOU AND EfoodappsAGREE THAT DISPUTES MUST BE BROUGHT IN INDIVIDUAL CAPACITY ONLY, NOT AS CLASS ACTIONS, COLLECTIVE ACTIONS, OR REPRESENTATIVE PROCEEDINGS. THERE IS NO RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST Efoodapps.
20.4. Exceptions to Arbitration
The following claims are exempt from arbitration:
20.5. Governing Law
This Agreement is governed by California state law, except for the arbitration provisions, which are governed by the Federal Arbitration Act.
20.6. Opt-Out Right
You may opt out of arbitration by sending written notice to [email protected] within thirty (30) days of first accepting this Agreement. The notice must include your name, contact information, and a clear statement that you opt out of arbitration.
21.1. Entire Agreement
This Agreement, together with our Privacy Policy and any Additional Terms, constitutes the entire agreement between you and Efoodapps regarding the Platform and Services.
21.2. Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
21.3. Waiver
No waiver of any provision shall be deemed a further or continuing waiver of that or any other provision.
21.4. Assignment
You may not assign this Agreement without our written consent. Efoodapps may assign this Agreement without restriction.
21.5. No Third-Party Beneficiaries
This Agreement does not create any third-party beneficiary rights.
21.6. Force Majeure
Neither party will be liable for delays or failures to perform due to causes beyond their reasonable control.
21.7. Statute of Limitations
Any claim against Efoodapps must be brought within one (1) year of the claim's accrual or be forever barred.
21.8. Notices
Notices to Efoodapps must be sent to: efoodapps.com PO Box 67, Artesia, CA 90702 Email: [email protected]
Notices to you may be sent via email, text message, or Platform notification.
21.9. Language
This Agreement is written in English, and English will control in case of any conflicts with translations.
If you have questions about this Agreement, please contact us:
Email: [email protected] Mail: efoodapps.com, PO Box 67, Artesia, CA 90702 Customer Support: Available through our text platform
For legal notices and formal communications, please use the mailing address above.
This Agreement was last updated on 09/19/2025. We encourage you to review this Agreement periodically for any changes.