Terms of Service
1. Acceptance of Terms
By accessing or using the Platemates website, mobile application, or services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not access or use the Platform.
By placing an order, you also acknowledge that Platemates is a technology platform and not a restaurant or delivery provider.
2. Platform Role (No Seller or Carrier)
Platemates is a technology platform that connects users ("Customers") with independent restaurants, food vendors, and third-party delivery providers ("Merchants").
Platemates does not:
- Prepare, cook, or handle food
- Act as a restaurant or food provider
- Operate as a delivery carrier
All products and services are provided directly by independent Merchants and delivery providers, not Platemates.
3. No Agency Relationship
Merchants and delivery providers are independent contractors.
They are not employees, agents, partners, or representatives of Platemates.
Nothing in these Terms creates any joint venture, partnership, or agency relationship.
4. Eligibility & Account Responsibility
- You must be at least 13 years old to use the Platform
- You are responsible for maintaining your account credentials
- You are responsible for all activity under your account
- You may not use the Platform for illegal or unauthorized purposes
5. Orders and Merchant Responsibility
5.1 Merchant Fulfillment
All orders are fulfilled directly by Merchants.
By placing an order, you acknowledge:
- The Merchant—not Platemates—is responsible for your order
- Platemates does not control food preparation or quality
5.2 Pricing & Availability
- Prices, menus, and availability are determined by Merchants
- Items may change, be substituted, or become unavailable without notice
5.3 Order Accuracy
Platemates does not guarantee:
- Accuracy of menu listings
- Item descriptions
- Order completeness
6. Food Safety & Allergy Disclaimer
All food is prepared by independent Merchants.
Platemates has no control over ingredients or preparation conditions.
To the fullest extent permitted by law, Platemates disclaims all liability for:
- Foodborne illness
- Allergic reactions
- Contamination or mislabeling
Users with allergies or dietary restrictions:
- Assume all risk
- Must contact the Merchant directly before ordering
7. Delivery Services Disclaimer
Delivery may be performed by independent third-party providers.
Platemates:
- Does not employ or control delivery personnel
- Does not guarantee delivery times
- Is not responsible for delivery issues
Once an order leaves the Merchant, all risk transfers to the delivery provider and/or Customer, including:
- Delays
- Damage
- Loss or theft
8. Payments, Charges & Refunds
8.1 Payment Processing
Payments are processed through third-party providers. Platemates does not store or control payment credentials.
8.2 Authorization
By placing an order, you authorize Platemates to charge your selected payment method.
8.3 Refund Policy
- Refunds are not guaranteed
- Refunds are issued at Platemates’ sole discretion
- Refund decisions are based on available evidence
Non-refundable situations may include:
- Delivery delays
- Taste or preference dissatisfaction
- Minor or subjective issues
9. Chargebacks & Payment Disputes
You agree to contact Platemates support before initiating a chargeback.
You agree not to initiate chargebacks for:
- Delivery delays
- Food quality dissatisfaction
- Merchant-related issues
Improper chargebacks may result in:
- Account suspension or termination
- Permanent ban from the Platform
Platemates reserves the right to dispute all chargebacks using:
- Order records
- Delivery confirmations
- Merchant fulfillment data
10. Alcohol Purchases
If you order alcohol:
- You confirm you are of legal drinking age
- You agree to identity verification via Stripe Identity
- Verification fees are non-refundable
Misrepresentation will result in immediate account termination.
11. Promotions, Credits, and Gift Cards
- Promotions may be revoked at any time
- Credits have no cash value
- Abuse or fraud may result in reversal of credits
12. AI Features and Automated Assistance
AI features may provide recommendations or support.
You acknowledge:
- AI outputs may be inaccurate or incomplete
- You are responsible for evaluating all AI-generated content
Do not submit sensitive information to AI features.
13. Communications (Email, Push, and SMS via Twilio)
By using the Platform, you consent to receive communications from Platemates related to your account and use of the Platform, including by email, push notification, and SMS (text message).
13.1 Transactional Messages
We may send you transactional or service-related communications, such as:
- Account verification and security alerts
- Order confirmations, status updates, and delivery updates
- Receipts and customer support responses
These messages may be sent even if you opt out of marketing communications, where permitted by law.
13.2 SMS Program Disclosures (Twilio)
If you provide your phone number and enable SMS communications (including during account creation or when you request phone-based verification), you expressly consent to receive SMS messages from Platemates, which may be delivered using automated technology and our messaging provider (including Twilio).
- Message frequency: Varies based on your activity (e.g., logins, verification, and order events).
- Message and data rates: Message and data rates may apply.
- Consent not required: Your consent to receive SMS is not a condition of purchase.
13.3 Opt-Out and Help
You can opt out of SMS at any time by replying STOP to any message. After you opt out, you may receive one final confirmation message, and you will no longer receive SMS messages from that program unless you re-enroll.
For help, reply HELP or contact support@platemates.com.
For more information about how we use your data, see our Privacy Policy: https://platemates.app/privacy
14. User Content
You grant Platemates a worldwide, royalty-free license to use content you submit.
You represent that:
- You own or have rights to your content
- Your content does not violate laws or third-party rights
We may remove content at our discretion.
15. Intellectual Property
All Platform content (excluding user content) is owned by Platemates.
You may not use trademarks, branding, or content without permission.
16. Service Availability (No Warranty)
The Platform is provided "as is" and "as available."
Platemates makes no guarantees regarding:
- Availability
- Accuracy
- Reliability
- Order fulfillment
17. Limitation of Liability
To the fullest extent permitted by law, Platemates is not liable for:
- Indirect or consequential damages
- Food-related illness or injury
- Delivery issues
- Incorrect or missing orders
- Loss of profits, data, or revenue
Maximum liability is limited to the greater of:
- The amount paid for the order
- $50 USD
18. Assumption of Risk
You voluntarily use the Platform and assume all risks related to:
- Ordering food
- Consuming food
- Using third-party delivery services
19. Indemnification
You agree to indemnify and hold harmless Platemates from any claims arising from:
- Your use of the Platform
- Your interactions with Merchants or delivery providers
- Your violation of these Terms
20. Termination
We may suspend or terminate your account at any time without notice.
21. Dispute Resolution & Arbitration
All disputes will be resolved through binding arbitration, not in court.
You agree:
- No class actions
- No jury trials
You may opt out within 30 days by contacting: legal@platemates.app
22. Governing Law
These Terms are governed by the laws of the State of Texas.
23. Changes to Terms
We may update these Terms at any time. Continued use of the Platform constitutes acceptance.
24. Contact
For questions, contact: legal@platemates.app