Website Terms of Use

EatFuti Inc. is a Delaware corporation headquartered at 700 Locust Street, Suite 304, Des Moines, Iowa 50309. EatFuti builds an AI-powered operating system for independent restaurants, including branded restaurant websites, online ordering, marketing automation, guest engagement, and integrations with major delivery providers and point-of-sale systems.

The Website is EatFuti's marketing and informational website. The EatFuti platform itself is a separate product accessed through restaurant accounts and through the websites that EatFuti builds for restaurant partners.

You must be at least 18 years old and able to enter into a binding contract to use the Website. By using the Website, you represent that you meet these requirements. If you use the Website on behalf of a business, you represent that you are authorized to do so.

The Website is intended for users in the United States. We do not represent that the Website is appropriate or available in other locations.

EatFuti grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use or for the purpose of evaluating EatFuti's products and services. All rights not expressly granted are reserved.

You agree not to:

• (a) use the Website in violation of any law or regulation
• (b) use the Website to harass, abuse, threaten, or harm any person
• (c) impersonate any person or misrepresent your affiliation with any person or entity
• (d) interfere with or disrupt the Website, servers, or networks
• (e) attempt to gain unauthorized access to any portion of the Website, accounts, computer systems, or networks
• (f) probe, scan, or test the vulnerability of the Website
• (g) reverse engineer, decompile, disassemble, or attempt to derive source code of the Website
• (h) use any automated means (robots, spiders, scrapers) to access the Website, except for search engine indexing or as expressly permitted
• (i) collect or harvest information about other users
• (j) upload or transmit viruses, malware, or other malicious code
• (k) frame, mirror, or replicate the Website
• (l) use the Website to develop a competing product or service
• (m) remove, obscure, or alter any copyright, trademark, or other proprietary notice
• (n) circumvent any security or authentication measure
• (o) use the Website in any manner that could disable, overburden, damage, or impair the Website

5.1 Forms and Communications

The Website may invite you to submit information through contact forms, demo requests, newsletter sign-ups, application forms, or similar channels ("Submissions"). You represent that your Submissions are accurate, that you have the right to submit the information, and that your Submissions do not violate any law or third-party right.

5.2 License

You grant EatFuti a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable license to use, reproduce, modify, publish, distribute, and create derivative works from Submissions in connection with operating and improving our products and services.

5.3 No Confidentiality

Submissions are not confidential. Do not submit information you wish to keep confidential, including trade secrets, sensitive personal information, or financial account information.

5.4 No Obligation

EatFuti is not obligated to use, respond to, or compensate you for any Submission.

6.1 EatFuti Content

All content on the Website, including text, graphics, logos, images, audio, video, software, and the design and arrangement of the Website (collectively, "EatFuti Content"), is owned by EatFuti or its licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Trademarks

"EatFuti," the EatFuti logo, and other EatFuti marks are trademarks of EatFuti Inc. You may not use EatFuti's trademarks without prior written permission. Other trademarks displayed on the Website are the property of their respective owners.

6.3 Limited Use

You may view and print pages of the Website for personal, non-commercial use. Any other use of EatFuti Content requires prior written permission.

The Website may contain links to third-party websites and services. EatFuti does not control and is not responsible for third-party websites, services, or content. Your use of third-party websites and services is at your own risk and subject to the third party's terms and policies.

The Website may display testimonials, case studies, customer stories, and metrics from EatFuti customers. These reflect the experience of specific customers and are not representative of every customer's experience. Past performance does not guarantee future results. See the EatFuti Disclaimer at https://www.eatfuti.ai/disclaimer.

The Website may contain forward-looking statements regarding EatFuti's plans, products, features, and outlook. Forward-looking statements involve risks and uncertainties, and actual results may differ. EatFuti undertakes no obligation to update forward-looking statements except as required by law.

EatFuti's collection and use of personal information through the Website is governed by the EatFuti Privacy Policy at https://www.eatfuti.ai/privacy. By using the Website, you consent to the practices described in the Privacy Policy.

EatFuti uses cookies and similar technologies on the Website. See the EatFuti Cookie Policy at https://www.eatfuti.ai/cookies for details and to manage your preferences.

EatFuti is committed to making the Website accessible. See the EatFuti Accessibility Statement at https://www.eatfuti.ai/accessibility. If you encounter accessibility issues, please contact accessibility@eatfuti.ai.

If you believe content on the Website infringes your copyright, send a written notice to EatFuti's designated agent at legal@eatfuti.ai including:

• (a) a physical or electronic signature of the copyright owner or authorized agent
• (b) identification of the copyrighted work claimed to have been infringed
• (c) identification of the material claimed to be infringing and its location
• (d) your contact information
• (e) a statement that you have a good faith belief that the use is not authorized
• (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act

EatFuti will respond to valid notices in accordance with the Digital Millennium Copyright Act.

14.1 As Is

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR UNINTERRUPTED OPERATION.

14.2 No Professional Advice

The Website does not provide professional advice. Content on the Website is for general informational purposes only. You should not rely on Website content for tax, legal, financial, investment, or other professional advice. Consult a qualified professional before acting on any information from the Website.

14.3 Accuracy

EatFuti makes commercially reasonable efforts to keep the Website accurate but does not warrant that the Website is free from errors or that the information is current.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EATFUTI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EATFUTI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE IS LIMITED TO THE GREATER OF (A) $100 OR (B) AMOUNTS PAID BY YOU TO EATFUTI IN THE 12 MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY.

You agree to defend, indemnify, and hold harmless EatFuti and its affiliates, officers, directors, employees, agents, and licensors from any claim, damage, loss, liability, cost, and expense (including reasonable attorneys' fees) arising from:

• (a) your use of the Website
• (b) your violation of these Terms
• (c) your violation of any third-party right
• (d) your Submissions

EatFuti may suspend or terminate your access to the Website at any time, with or without notice and with or without cause. On termination, your right to use the Website ends immediately. Sections that by their nature should survive will survive (including Sections 5, 6, 14, 15, 16, 18, and 19).

18.1 Informal Resolution

Before initiating arbitration, the parties will attempt to resolve any dispute through good-faith discussion for at least 30 days after written notice.

18.2 Binding Arbitration

ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, EXCEPT AS SET FORTH IN SECTION 18.6. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be Polk County, Iowa, unless you reside in a different jurisdiction and request a closer location, in which case AAA will select a location within 50 miles of your residence (if available). The arbitrator's award is final and binding.

18.3 Class Action Waiver

YOU AGREE THAT DISPUTES WITH EATFUTI WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims of multiple parties.

18.4 Opt-Out

You may opt out of the arbitration and class action waiver provisions of Sections 18.2 and 18.3 by sending written notice to legal@eatfuti.ai within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you want to opt out. Opting out does not affect other provisions of these Terms.

18.5 Costs

Arbitration fees will be allocated as provided in the AAA Consumer Arbitration Rules. Each party will bear its own attorneys' fees and costs except as the arbitrator may award.

18.6 Exceptions

Either party may bring an action in court to (a) enforce intellectual property rights, (b) seek temporary or preliminary injunctive relief, or (c) bring an individual claim in small claims court for matters within the court's jurisdiction.

These Terms are governed by the laws of the State of Iowa, without regard to its conflict of laws principles. For any matter not subject to arbitration under Section 18, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Polk County, Iowa.

EatFuti may update these Terms from time to time. Updates will be posted to the Website with a new "Last Updated" date. Your continued use of the Website after the update constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, stop using the Website.

21.1 Entire Agreement

These Terms (together with the Privacy Policy, Cookie Policy, Disclaimer, and Accessibility Statement) are the entire agreement between you and EatFuti regarding the Website and supersede any prior agreements.

21.2 Severability

If any provision is held unenforceable, the remaining provisions remain in effect.

21.3 No Waiver

EatFuti's failure to enforce a provision is not a waiver of that provision.

21.4 Assignment

You may not assign these Terms. EatFuti may assign these Terms freely.

21.5 No Third-Party Beneficiaries

These Terms are for the benefit of you and EatFuti only.

21.6 Notices

Notices to EatFuti must be sent to EatFuti Inc., 700 Locust Street, Suite 304, Des Moines, IA 50309, with a copy to legal@eatfuti.ai.

21.7 Headings

Headings are for convenience only and do not affect interpretation.

Questions about these Terms? Reach us at:

EatFuti Inc. 700 Locust Street, Suite 304 Des Moines, IA 50309 legal@eatfuti.ai hello@eatfuti.ai (515) 493-0243