Curbivore Terms of Service

Last Updated: March 5, 2026

1. Agreement to Terms

These Terms of Service ("Terms") form a legally binding agreement between you and Odyssey XXII ("Odyssey XXII," "Company," "we," "us," or "our") regarding your use of Curbivore (the "Service"). By accessing or using the Service, you agree to these Terms and our Privacy Policy.

If you do not agree, do not use the Service.

2. Eligibility and Accounts

You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you may use the Service only with appropriate permission and supervision as required by law.

You are responsible for maintaining accurate account information and safeguarding your login credentials. You are responsible for activities occurring under your account.

3. Description of the Service

Curbivore is a software platform that helps users discover participating food trucks and place orders with independent merchants. We do not prepare, cook, sell, or deliver food.

4. Orders, Payments, and Merchant Relationship

• When you place an order, the purchase contract is between you and the merchant.
• Merchants set their own menus, prices, availability, and fulfillment policies.
• Payments are processed through third-party payment infrastructure, including Square.
• Curbivore does not receive or store full payment card numbers.
• Refunds and cancellations are primarily governed by merchant policies, except where law requires otherwise.

5. Merchant Participation

Merchants may be subject to separate contractual terms, including a Merchant Agreement. Merchants are solely responsible for compliance with food safety, permitting, tax, labor, and other applicable legal requirements.

6. Prohibited Conduct

You agree not to:

• Use the Service in violation of law or regulation;
• Submit fraudulent orders or payment information;
• Interfere with system integrity or security;
• Use bots, scraping, or unauthorized automation;
• Upload or transmit malicious code;
• Harass, threaten, or abuse users, merchants, or staff;
• Attempt unauthorized access to systems or data.

7. Intellectual Property

The Service and its software, design, branding, and related content are owned by Odyssey XXII or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-transferable license to use the Service for its intended purpose.

Merchant-provided names, logos, menu content, and media remain the property of their respective owners.

8. Third-Party Services

The Service may rely on third-party services (for example, Square, Firebase, Apple, Google, Expo, Sentry). Your use of those services may also be governed by their terms and privacy policies. We are not responsible for third-party products or services.

9. Feedback

If you submit feedback, suggestions, or ideas, you grant Odyssey XXII a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and incorporate that feedback into the Service without compensation to you.

10. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant uninterrupted operation, error-free performance, or that defects will be corrected.

11. Limitation of Liability

To the maximum extent permitted by law, Odyssey XXII and its officers, directors, employees, and agents are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, use, or goodwill.

Our aggregate liability for all claims relating to the service will not exceed the greater of (a) amounts you paid through the service in the three months before the claim, or (b) $50 USD.

12. Indemnification

You agree to defend, indemnify, and hold harmless Odyssey XXII and its affiliates, officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, violation of these Terms, or violation of law or third-party rights.

13. Dispute Resolution; Arbitration; Class Waiver

13.1 Informal Resolution First

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at ydarar@odysseyxxii.com.

13.2 Binding Arbitration

Except for matters that may be brought in small claims court, disputes arising out of or related to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its applicable consumer rules.

13.3 Venue and Governing Law

Arbitration will occur in Wake County, North Carolina, unless otherwise required by law or agreed by the parties. These Terms are governed by North Carolina law, without regard to conflict of laws principles.

13.4 Class Action Waiver

You and Odyssey XXII agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding.

13.5 Small Claims

Either party may bring an individual claim in small claims court within jurisdictional limits.

14. Suspension and Termination

We may suspend or terminate access to the Service at any time, including for policy violations, fraud concerns, legal risk, or operational reasons. You may stop using the Service at any time and may request account deletion through in-app controls.

15. Changes to These Terms

We may update these Terms. If we make material changes, we will update the "Last Updated" date and may provide additional notice when appropriate. Your continued use of the Service after updated Terms become effective constitutes acceptance.

16. General Terms

• Entire Agreement: These Terms and the Privacy Policy form the entire agreement regarding the Service.
• Severability: If a provision is unenforceable, the remaining provisions remain in effect.
• No Waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms as part of a corporate transaction or otherwise.