Terms of Service

1. About these Terms

By using the Platform, placing an order, or creating an account, you agree to these Terms. If you do not agree, please do not use the Platform.

Some parts of the Platform have extra terms that also apply to you when you use them:

• our Privacy Policy, which explains how we handle personal information;
• our Refund policy and Delivery policy;
• the Business Agreement, if you run a shop on the Platform;
• the Driver Agreement, if you deliver as a courier.

If one of those documents conflicts with these Terms on a subject it specifically covers, that document controls for that subject.

2. What HadarGo is, and what it is not

HadarGo is a marketplace and technology service. It lets independent local businesses ("shops") publish a storefront and menu, take orders and payments, and arrange delivery through independent couriers. We provide the software, process payments through our payment provider, and dispatch delivery jobs.

The shop is the seller. Each shop prepares, packages and sells its own food and other items, sets its own prices, and is responsible for what it sells, including its quality, safety, labelling, and compliance with food safety, health and licensing rules. We do not cook, prepare, inspect or handle food, and we are not a restaurant, grocer or food business.

Couriers are independent. Deliveries arranged through the Platform are carried out by independent contractors, not by our employees. Some shops may also deliver their own orders, in which case the shop is responsible for that delivery.

We do not endorse any shop, item or courier. Information about a shop (its menu, photos, descriptions, hours and labels) comes from the shop.

3. Who can use the Platform

You must be at least 18 years old, or the age of majority where you live if that is higher, to create an account or place an order. Someone younger may use the Platform only with the involvement of a parent or guardian who places the order and accepts these Terms. The Platform is not directed at children under 13.

The Platform is currently offered in the United States, in the areas where shops and couriers are active. You agree to give accurate information (such as your name, contact details and delivery address) and to keep it up to date.

4. Accounts, guest orders and security

You can order as a guest, giving the contact details needed for that order, or create an account. An account lets you see past orders, save addresses and shops, save a payment card, write reviews and manage your notifications.

Keep your password private and use a strong one. You can turn on two-factor authentication (a code from an authenticator app) in your account settings, and we recommend it. You are responsible for activity on your account that results from you not keeping your sign-in details safe. Tell us promptly through Support if you think someone else has used your account.

You can download a copy of your data or delete your account at any time from your account page. Deleting an account removes your name, contact details and saved addresses; records of past orders and payments are kept in a form that no longer identifies you, because shops and we must keep financial records (see the Privacy Policy).

5. Food allergies, dietary needs and food safety

If you have a food allergy, intolerance or other dietary need, ask the shop directly before you order. Do not rely only on what the Platform shows.

Allergen and dietary labels, ingredient lists and descriptions come from the shop. We do not verify them, and a shop's kitchen may handle common allergens. If a dish shows no allergens, that does not mean it has none.

Some features use artificial intelligence (see Section 12). AI never confirms that a dish is free of an allergen or suitable for a diet. AI can suggest labels to a shop owner, but a suggestion is never shown to customers unless the owner confirms it. Search and the "Help me order" assistant can only remove dishes that the shop's own labels or words say contain something you want to avoid; they never tell you that the remaining dishes are safe.

If you believe food made you ill, contained a foreign object, or caused an allergic reaction, seek medical help first if you need it, then tell the shop and us through Support or a review. Reviews that describe possible harm are automatically flagged to our team.

6. Placing an order

Each order is from one shop. When you place an order, you are making an offer to buy from that shop. A contract for the food is formed between you and the shop when the shop accepts the order. A shop may decline an order, for example if it is too busy or an item is no longer available; if it does, you are refunded in full.

Preparation times, ready times and delivery estimates are estimates, not guarantees. You may be able to schedule an order for a later time where the shop allows it.

Check your order before you pay, including items, options, quantities, pickup or delivery choice, and address. Special instructions are passed to the shop, but the shop cannot always follow them. If you allowed substitutions for an item, the shop may replace an unavailable item with a similar one; otherwise that item is refunded.

7. Prices, taxes, fees and tips

Shops set their own prices, which may differ from the prices in their shop. The total you see before paying is itemised and may include:

• the price of the items and any options you chose, less any discount or offer code;
• sales tax, calculated on the order as required;
• a delivery fee, if you choose delivery, based on distance and the shop's or the Platform's delivery pricing;
• a service fee, if one is shown;
• a tip, if you choose to add one.

We keep no part of a tip. On an order delivered by one of our couriers, 100% of the tip goes to your courier; on an order you collect (or that the shop delivers itself), 100% of the tip goes to the shop. The checkout tells you which before you pay. Offer codes are set by shops, have their own conditions, and have no cash value.

If a price or fee is shown in error, the shop or we may cancel the order and refund you, or contact you before going ahead.

8. Payment

Payments are processed by Stripe, Inc. ("Stripe"), our payment provider. Your card details are entered into Stripe's secure form and go directly to Stripe; we do not see or store your full card number. By paying, you also agree to Stripe's terms that apply to you. Prices are in US dollars.

If you have an account, you can choose to save a card with Stripe for future orders, and remove it at any time from your account page.

You pay the shop, through Stripe. Your payment is made to the shop's own account with Stripe (the shop is the seller), and Stripe passes our fee - our commission, the delivery fee and any service fee, and your courier's tip on a delivered order - to us at the same time. A refund is returned to your original payment method.

An order is only sent to the shop once the payment has been confirmed by Stripe. If a payment fails, the order is not placed. If a shop cannot take card payments yet, you cannot check out there and nothing is charged.

9. Pickup and delivery

For pickup, collect your order from the shop at or after the ready time. Shops may not hold uncollected orders indefinitely.

For delivery through the Platform, an independent courier nearby is offered the job and, once one accepts, you can follow the delivery on a map. The courier sees your exact address only after accepting your delivery. Please give an accurate address and any access instructions, and be available to receive the order. Delivery is only available within the shop's delivery area and opening hours.

Couriers may refuse a delivery if they reasonably believe it is unsafe. See the Delivery policy for more detail.

10. Cancellations, refunds and disputes

If a shop has not yet accepted your order, or declines it, the order is cancelled and refunded in full. Once a shop has accepted and started preparing an order, cancelling it may not be possible.

If something is wrong with an order (a missing or wrong item, a quality problem, or a delivery that did not arrive), tell the shop or contact Support as soon as you can, ideally the same day. Refunds for a problem with the food are decided by the shop, which knows its own order. Refunds go back to the original payment method through Stripe, and may take several business days to appear.

If you and the shop cannot agree, you can open a dispute on the order. Our staff review what each side sends and record a decision. We may ask for photos or other details. The Refund policy explains the details.

Please contact us before asking your bank to reverse a payment (a chargeback). We can usually resolve problems faster, and chargebacks made in bad faith may lead to account suspension.

11. Reviews and other content you post

You can review a shop after an order from it. Reviews must be honest and about your own experience. Do not post content that:

• is false, misleading, or written in exchange for payment or a benefit;
• is hateful, harassing, threatening, sexually explicit or violent;
• includes anyone's personal information, such as a courier's or staff member's phone number or address;
• infringes someone else's rights, or is spam or advertising.

You keep ownership of what you post. You give HadarGo (legal entity to be confirmed) and the shop a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, translate and share your review in connection with the Platform, for as long as it is on the Platform. Shops may post a public reply.

Anyone can report a review. A report does not remove a review by itself; our team looks at it and may remove content that breaks these Terms. We do not remove reviews simply because a shop disagrees with them.

12. AI features

Some features use artificial intelligence provided by Anthropic, PBC, acting as our service provider. For customers, these are plain-language menu search ("something spicy under $15, no peanuts") and the "Help me order" assistant. Shops and our staff use other AI tools, described in the Privacy Policy.

AI can be wrong. The "Help me order" assistant only suggests items and fills your basket; it never places or pays for an order, and you review everything before you pay. Prices and availability always come from the shop's live menu, not from the AI. AI features never confirm allergens or dietary suitability (see Section 5).

What you type into these features is sent to our AI provider to answer you. Please do not type personal, health or payment information into them.

13. Notifications and messages

We send messages about your orders, account and support requests, in the app and by email. You can choose which kinds of notification you receive in your account settings, except messages we must send for security or about an order you placed. Promotional messages are optional.

14. Things you must not do

When using the Platform, you must not:

• break the law, or use the Platform to buy anything a shop is not allowed to sell;
• place fake or fraudulent orders, use someone else's payment card without permission, or abuse refunds, offer codes or disputes;
• harass, threaten or discriminate against shop staff, couriers, customers or our staff;
• try to get into accounts, systems or data you are not permitted to access, or probe, scan or test the Platform's security without our written permission;
• copy, scrape or harvest the Platform or its data by automated means, except as allowed by our robots.txt file for search engines;
• interfere with the Platform, overload it, or send viruses or other harmful code;
• impersonate anyone, or misrepresent your connection to a shop or to us.

15. Intellectual property

The Platform, its software, design and the HadarGo name and logo belong to HadarGo (legal entity to be confirmed) or its licensors. Shops own their names, logos, menus and photos. These Terms give you a personal, limited, non-transferable right to use the Platform for its intended purpose; they do not transfer ownership of anything to you.

If you believe content on the Platform infringes your copyright or other rights, contact us through Support with enough detail for us to find it.

16. Other services we rely on

The Platform uses services run by other companies, such as Stripe for payments and OpenStreetMap for maps and address lookup. Their own terms and privacy policies apply to what they do. We are not responsible for services we do not control, but we choose them carefully.

17. Suspension and ending your use

You can stop using the Platform and delete your account at any time.

We may suspend or close an account, cancel an order, or limit access to the Platform if we reasonably believe you have broken these Terms, are acting fraudulently, are putting others at risk, or if the law requires it. Where it is appropriate and safe, we will tell you why and give you a chance to respond through Support.

Sections that by their nature should continue after your use ends (such as payment obligations, content licences, disclaimers, limits on liability, indemnity and dispute resolution) continue to apply.

18. Disclaimers

To the fullest extent the law allows, the Platform is provided "as is" and "as available". We do not promise that it will always be available, error-free or secure, or that shops, items, couriers or AI outputs will meet your expectations. We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except those that cannot be excluded by law.

Shops, not us, are responsible for the food and items they sell, including any warranty about them. Couriers, not us, are responsible for how they perform deliveries.

19. Limitation of liability

To the fullest extent the law allows, HadarGo (legal entity to be confirmed), its affiliates, and their officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data or goodwill, arising out of or relating to the Platform or these Terms, even if advised of the possibility.

To the fullest extent the law allows, our total liability for all claims arising out of or relating to the Platform or these Terms is limited to the greater of (a) the amounts you paid through the Platform for the order giving rise to the claim, and (b) one hundred US dollars (US$100).

Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by our own negligence, where the law does not allow that to be limited.

20. Indemnity

To the extent the law allows, you agree to defend, indemnify and hold harmless HadarGo (legal entity to be confirmed) and its affiliates, officers, employees and agents from claims, losses and costs (including reasonable legal fees) brought by a third party that arise from your breach of these Terms, your misuse of the Platform, or content you post.

21. Resolving disputes: arbitration and class action waiver

Talk to us first. Most problems can be solved quickly through Support. Before starting a formal claim, you and we each agree to send the other a written description of the dispute and try in good faith to resolve it for at least 30 days.

Binding arbitration. If we cannot resolve it, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration, not in court, except as described below. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this agreement to arbitrate. Hearings may take place by video, by phone, or in the county where you live. Fees are paid as the AAA's consumer rules provide.

Exceptions. Either side may bring an individual claim in small claims court if it qualifies. Either side may ask a court for an order to stop infringement or misuse of intellectual property.

Class action waiver. You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not combine more than one person's claims. If this waiver is found unenforceable for a claim, that claim must be decided in court, not in arbitration.

Opting out. You can opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms, to HadarGo (legal entity to be confirmed), registered address to be confirmed, or through Support with the subject "Arbitration opt-out". Include your name, the email address on your account (if any) and a clear statement that you opt out. Opting out does not affect any other part of these Terms.

22. Governing law

These Terms are governed by the laws of the State of Maryland, without regard to its conflict of laws rules, and, where applicable, the federal law of the United States. Any dispute not subject to arbitration will be heard in the state or federal courts located in Maryland, and you and we consent to their jurisdiction. This does not take away any protection you have under the consumer laws of the state where you live.

23. Changes to these Terms

We may update these Terms, for example when we add features or the law changes. The date and version at the top of this page show when they last changed. If a change is material, we will tell you in advance through the Platform or by email. Changes do not apply to orders placed before they take effect, or to disputes we already know about. If you keep using the Platform after a change takes effect, the updated Terms apply to you.

24. General

• These Terms, with the documents listed in Section 1, are the whole agreement between you and us about the Platform.
• If any part is found unenforceable, the rest stays in effect.
• If we do not enforce a right straight away, we have not given it up.
• You may not transfer your rights under these Terms. We may transfer ours to a successor business.
• We are not responsible for delays or failures caused by events beyond our reasonable control.
• These Terms may be shown in other languages for convenience. The English version is the one that applies.

25. Contact

HadarGo (legal entity to be confirmed), registered address to be confirmed. For questions about these Terms or anything else, use Support.