Terms of Service

Welcome to UpPlatey! These Terms of Service ("Terms") govern your access to and use of the UpPlatey mobile application and website (collectively, the "Service"), provided by Platey LLC ("UpPlatey," "we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you must have permission from a parent or guardian. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. How the Service Works

UpPlatey connects users with local restaurants, bakeries, and cafes to purchase surplus food at discounted prices. The Service facilitates:

• Browsing available "Mystery Boxes" from partner establishments
• Purchasing food items through the app
• Picking up orders during specified time windows
• Reducing food waste and environmental impact

5. Purchases and Payments

5.1 Pricing

All prices displayed in the Service are in US Dollars and are subject to change without notice. Prices include applicable discounts but may not include taxes or fees.

5.2 Payment

Payment for all purchases must be made through the Service using the payment methods we accept. You authorize us to charge your selected payment method for all purchases.

5.3 No Refunds

Due to the nature of our Service (surplus food rescue), all sales are final. We generally do not offer refunds unless required by law or in cases of defective products or service failures on our part.

6. Mystery Boxes and Food Items

6.1 Nature of Mystery Boxes

Mystery Boxes contain surplus food items selected by our partner establishments. The specific contents are not disclosed in advance and may vary. By purchasing a Mystery Box, you accept this uncertainty.

6.2 Food Quality and Safety

All food items meet safety and quality standards at the time of pickup. However, we recommend inspecting items upon pickup and consuming them promptly. We are not responsible for food consumed after the recommended consumption date.

6.3 Dietary Restrictions

While we provide general category information, we cannot guarantee that Mystery Box contents will meet specific dietary requirements, allergies, or preferences.

7. Pickup and Cancellation

7.1 Pickup Windows

Each order has a specified pickup window. You must collect your order during this time. Failure to pickup during the designated window may result in order cancellation without refund.

7.2 Cancellation by Users

Users may cancel orders according to the cancellation policy displayed at the time of purchase. Late cancellations may not be eligible for refunds.

7.3 Cancellation by UpPlatey

We reserve the right to cancel orders if items become unavailable or in cases of suspected fraud or misuse of the Service.

8. User Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems (bots, scripts) to access the Service
• Resell food items purchased through the Service
• Harass, abuse, or harm other users or partners

9. Intellectual Property

The Service and its content, features, and functionality are owned by Platey LLC and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

10. Third-Party Services

Our Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party websites or services.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLATEY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

13. Indemnification

You agree to indemnify and hold harmless Platey LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of your use of the Service or violation of these Terms.

14. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

15. Changes to Terms

We may revise these Terms from time to time. The most current version will always be posted on our website. By continuing to use the Service after revisions become effective, you agree to be bound by the revised Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

17. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be resolved through good faith negotiations. If negotiations fail, disputes may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Platey LLC regarding the Service and supersede any prior agreements.