Consumer Terms and Conditions

Effective: July 15, 2025

PLEASE READ THESE CONSUMER TERMS AND CONDITIONS CAREFULLY. THESE CONSUMER TERMS AND CONDITIONS ("AGREEMENT," "TERMS AND CONDITIONS," or "TERMS") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MEALOPS, AS DEFINED BELOW.

SECTION 14 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 14 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, WITH LIMITED EXCEPTIONS. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION.

Table of Contents

1. Application of this Agreement

This Agreement governs your access to and use of the Technology and Services (each as defined below) and is between you and MealOps. "MealOps," "we," "us," and "our" mean MealOps, Inc., a Delaware corporation, and its subsidiaries and affiliated companies, including, without limitation, the entities listed in the remainder of this paragraph.

With respect to United States Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and MealOps, Inc. and/or its subsidiaries and affiliated companies, including [Your US Entity Name, e.g., MealOps G&C, LLC].

With respect to Canada Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and MealOps Technologies Canada, Inc. and/or its subsidiaries and affiliated companies.

Certain provisions of this Agreement apply based on the country of your primary residence or the country in which you have selected a delivery or pickup address, and such provisions are designated as such using one or more of the following definitions:

• "United States Consumer" means your primary residence is in the United States, including Puerto Rico, a United States territory.
• "United States Order" means you have selected a delivery or pickup address in the United States, including Puerto Rico, a United States territory (except as otherwise noted).
• "Canada Consumer" means your primary residence is in Canada.
• "Canada Order" means you have selected a delivery or pickup address in Canada.

2. Acceptance of this Agreement

MealOps operates an online marketplace and connection platform to (a) broker the exchange of goods and services among you and other consumers, restaurants and other businesses ("Merchants"), and independent third-party contractors who provide delivery and/or other services ("Contractors"); and (b) provide you with access to information on the Services. MealOps’s Technology permits consumers to place orders for food and/or other goods from Merchants, either for delivery or pickup, and/or request services from Merchants. If a delivery order is made, MealOps uses the Technology to notify Contractors (or, for certain orders, Merchants) that a delivery opportunity is available and to facilitate completion of the delivery to the consumer. If a pickup order is made, MealOps uses the Technology to communicate with the consumer regarding the availability of the order for pickup. MealOps is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business (except as otherwise specified in Section 6 below).

If you access any of our websites located at www.mealops.com, install or use the MealOps mobile application, install or use any other technology supplied by MealOps (collectively, the "Technology"), access or use any information, function, feature, or service made available or enabled by MealOps (collectively, the "Services," which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the MealOps account registration process, you, your heirs, assigns, and successors (collectively, "you" or "your") hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at www.mealops.com/terms/ or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with MealOps; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization for whom you have created an account or been named as the User during the MealOps account registration process and to bind such organization to the Agreement.

The specific Services or information available to you may vary based on the delivery or pickup address that you have selected. A certain function, feature, or Service available to one User may not be available to all Users or at all times, and may only be available in the latest version of the MealOps mobile application. "User" means any individual or other person who accesses or uses the Services with or without an account (whether directly or through tools, services, or other means), including, without limitation, any organization that registers an account or otherwise accesses or uses the Services through its respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.

3. Modifications

Subject to Section 14(k) of this Agreement (or the equivalent arbitration/dispute resolution section), MealOps reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at www.mealops.com/terms/ or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the email address that you have provided to us or by another means. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to this Agreement or any modifications to this Agreement, you should immediately cease using the Technology and Services.

4. Additional Terms and Policies

By using or accessing the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with MealOps’s Privacy Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional MealOps terms or policies for Users that are published on our website or mobile application, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement. Certain features of our Services may be subject to additional terms and conditions, which, to the extent permitted by applicable law, are incorporated herein by reference.

If you use the MealOps Developer Portal (if applicable), you also accept and agree to be bound by the Developer Portal Technology License & Terms of Use (“Developer Portal Terms”) when using the Developer Portal. If there’s any conflict between the Developer Portal Terms and this Agreement, the Developer Portal Terms shall control to the extent related to the Developer Portal.

5. Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using or accessing the Services (whether or not you have created an account or are logged into an account), you agree that:

• You will only use or access the Services for lawful purposes and you will not use or attempt to use the Services under false pretenses or for sending or storing any unlawful material or for deceptive or fraudulent purposes.
• You will only use or access the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights.
• You will only use or access the Services using means explicitly authorized by MealOps. If applicable, it is your responsibility to ensure you download the correct Technology for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Technology for your device. We reserve the right to terminate your use of the Technology and/or Services if you are using the Technology or Services with an incompatible or unauthorized device.
• You will not use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
• You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.
• You will not use or attempt to use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor, unless MealOps has given you prior permission to do so in writing.
• You will not use or attempt to use the Services or content accessible through the Services without MealOps's prior written consent in connection with the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system or providing archived or cached data sets containing content accessible through the Services to another person or entity.
• You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants’ menu content or catalogs, for republication in any format or media.
• You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.
• The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
• You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services.
• You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed through the Services to a third party.
• You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any MealOps server or the networks connected to any MealOps server.
• You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any MealOps server.
• You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures MealOps may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing.
• You will not use, access, or collect content, data, information, or materials published or available on the Services using automated means unless MealOps has given you prior permission to do so in writing.
• You will not deep-link to our websites or access our websites manually or with any robot, spider, script, web crawler, extraction software, automated process, service, tool, and/or device to scrape, copy, index, frame, or monitor any portion of our Services or websites or any content on or available through our Services or websites, and you will not attempt any of the foregoing.
• You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services, and you will not attempt any of the foregoing.
• You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, MealOps, MealOps employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.
• You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that MealOps deems inappropriate when using the Services, and you agree to follow the MealOps Community Guidelines, which are, to the extent permitted by applicable law, incorporated in this Agreement by reference.
• You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.
• You will not abuse or attempt to abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time Users.
• Your participation in using and access to the Services is for your sole, personal, or internal business use.
• You will not falsely or fraudulently claim that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered and you will return any order mistakenly delivered to you if requested by MealOps, a Merchant, or a Contractor.
• You will not falsely or fraudulently dispute a credit or debit card charge or initiate or request a chargeback with respect to any charge from MealOps or related to your use of the MealOps platform.
• You will not, in connection with your use of the Services and/or the MealOps platform: (i) ask a Contractor to purchase or deliver any goods or perform any services not ordered through the MealOps platform; or (ii) give or offer to give any goods to a Contractor related to your MealOps order.

In the event that we believe or determine that you have breached any of the aforementioned or any other provision of these Terms, we reserve the right to suspend and/or permanently deactivate your account or take other appropriate action at our sole discretion. Where required by law, which may include in the Province of Québec, we will provide you with written notice of the suspension or deactivation of your account, including the reasons which led us to take such action. Engaging in any prohibited use of the Services may result in criminal, civil, and/or administrative penalties, fines, or sanctions against the User and those assisting the User.

6. Contractors and Merchants Are Independent

(a) You understand and agree that MealOps provides the Services to connect you with independent Merchants that provide the products and services offered through the Services, and independent third-party Contractors who provide delivery and other services. You acknowledge and agree that MealOps is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchants are the retailers of the products or services offered through the Services. MealOps is not in the delivery business, does not provide delivery services, and is not a common carrier. MealOps provides the Services to facilitate the transmission of orders by Users to Merchants, including orders for pickup or delivery by Contractors and/or Merchants. Any delivery, pickup, or preparation times displayed through the Services are purely estimates and do not represent a promise, commitment, or guarantee by MealOps. MealOps will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that MealOps is not responsible for Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, videos, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by Merchants and/or delivered by the Contractor and/or Merchant, and does not verify Merchants’ compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including videos, photographs, or images, or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant and/or may have been generated or enhanced with the assistance of artificial intelligence. MealOps has no responsibility or liability for acts or omissions by any Merchant or Contractor. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor and/or Merchant will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor MealOps holds title to or acquires any ownership interest in any goods that you order through the Services. You must not do anything which seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you.

(b) Notwithstanding Section 6(a):

• (i) United States Orders. For United States Orders placed through the Services with [Your US DashMart/Essentials Entity Name] (dba MealOps Mart or other brands), [Your US DashMart/Essentials Entity Name] is the Merchant and is therefore the retailer of the goods sold. [Your US DashMart/Essentials Entity Name] is a subsidiary of MealOps, Inc. and is a Merchant listed on the Services.
• (ii) Canada Orders. For Canada Orders placed through the Services with [Your Canada DashMart/Essentials Entity Name] (dba MealOps Mart or other brands), [Your Canada DashMart/Essentials Entity Name] is the Merchant and is therefore the retailer of the goods sold. [Your Canada DashMart/Essentials Entity Name] is an affiliate of MealOps Technologies Canada, Inc. and is a Merchant listed on the Services.
• (iii) Gift Cards. For any closed-loop gift cards, open-loop gift or other prepaid cards, and MealOps credits sold through the Services in the United States by [Your Gift Card Entity Name], [Your Gift Card Entity Name] is the Merchant and is therefore the retailer of the cards and credits sold. [Your Gift Card Entity Name] is a subsidiary of MealOps, Inc.

7. User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account or through your device. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User account, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify MealOps immediately. MealOps will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by MealOps or a third party arising from someone else using your account; however, if you are a Canada Consumer who resides in the Province of Québec, the foregoing does not limit MealOps’s liability for the consequences of its own acts or the acts of its representatives. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if MealOps has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MealOps has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We may enable or require you to use a single set of login credentials to use the MealOps services. You agree not to create an account or use the Services if you have been previously removed from the MealOps platform by MealOps or if you have been previously banned from use of the Services.

8. User Content

(a) User Content. MealOps may provide you with interactive opportunities through the Services, including, by way of example, the ability to post content on the MealOps platform or otherwise provide to MealOps Ratings and Reviews (each as defined below), Feedback (as defined below), or other text, photos, images, or audio and video content (collectively, "User Content"). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, and/or otherwise transmit through the Services. You further represent and warrant that any User Content submitted, posted, and/or otherwise transmitted through the Services by you or someone on your behalf or through your User account does not (i) violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) contain material that is false, intentionally misleading, deceptive, defamatory, offensive, abusive, or pornographic, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability; (iii) contain sexually explicit or violent content or photos, images, or videos of weapons, illegal drugs, or hate symbols; (iv) contain any material that is unlawful or relates to unlawful conduct (including phishing and spoofing); (v) create a privacy or security risk to any person, including by soliciting personal information from any person, or contain any confidential, sensitive, private, or personally identifiable information; (vi) solicit money from any person; (vii) contain financial, legal, medical, or other professional advice; (viii) harm, abuse, harass, stalk, threaten, or otherwise offend; (ix) reflect negatively on MealOps, including MealOps’s goodwill, name, and reputation; (x) tamper with, hinder the operation of, or make unauthorized modifications to our websites or Technology; (xi) otherwise result in civil or criminal liability for you, MealOps, or any third party; (xii) violate any law or regulation; or (xiii) violate this Agreement or any community or content guidelines that MealOps may publish from time to time (including but not limited to our Community Guidelines). You hereby grant MealOps (including MealOps’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use the User Content in connection with MealOps’s business and in all forms now known or hereafter invented (collectively, "Uses"), without notification to and/or approval by you. You further grant MealOps a license to use your username, first name and last initial, profile photo (if available), and/or other User profile information, including, without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification to or approval by you. You acknowledge, however, that MealOps has no obligation to attribute any User Content to you in connection with any Use. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to MealOps herein shall survive termination of the Services or your account. MealOps reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that MealOps may monitor and/or delete your User Content (but does not assume the obligation to do so) or may decide to not publish, display, or otherwise make available your User Content for any reason at MealOps’s sole discretion. MealOps may also access, read, preserve, and disclose any information as MealOps reasonably believes is necessary to satisfy any applicable law, regulation, legal process, or governmental request; enforce this Agreement, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security, or technical issues; respond to User, Contractor, or Merchant support requests; or protect the rights, property, or safety of MealOps, our Users, and the public. We may aggregate your publicly viewable User Content and certain other information about you onto a User profile viewable by anyone, which you can choose to make public (meaning your publicly viewable User Content will be displayed on your profile) or restricted (meaning only certain information about you and your User Content will be displayed on your profile, such as the number of Reviews and photos you’ve submitted but not their contents).

(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to MealOps through its suggestion, feedback, wiki, forum, or similar pages ("Feedback," which is considered User Content) is at your own risk and that MealOps has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to MealOps (including MealOps’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use such Feedback.

(c) Ratings and Reviews. To the extent that you rate or post reviews of Merchants or other businesses, which may include but is not limited to text, photos, images, audio, or videos that you provide ("Ratings" and "Reviews"), such Ratings and Reviews are considered User Content and are governed by this Agreement. For the avoidance of doubt, a Review includes any photo or video you submit that expresses an opinion about a Merchant or business regardless of the purpose for which you submit the photo or video. Ratings and Reviews are not endorsed by MealOps and do not represent the views of MealOps or its affiliates. MealOps shall have no liability for Ratings and Reviews or for any claims of economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you acknowledge and agree that: (i) your Rating or Review will reflect your honest and truthful opinion and will be based on first-hand experience with the Merchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship, or other affiliation or for any competitor of such a Merchant or business; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; (iv) for United States Orders, any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; (v) for Canada Orders, any Rating or Review you submit will comply with [Relevant Canadian Advertising Guidelines/Laws].

9. Communications with MealOps

By creating a MealOps account, you electronically agree to accept and receive communications from MealOps, Contractors, or Merchants, including via email, text message, calls, and push notifications to the mobile telephone number you provided to MealOps. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of MealOps, its affiliated companies, and/or Contractors or Merchants, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply.

If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of promotional texts, you may text STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of the Services.

10. Electronic Records

By using the Services, you agree that this Agreement constitutes an electronic record and that your electronic acceptance of this Agreement has the same force and effect as a written signature. You consent to receive all communications from us in electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.

11. Intellectual Property Ownership

The Services, and all intellectual property rights therein, including but not limited to copyrights, patents, trademarks, trade secrets, domain names, logos, and service marks, are owned by MealOps or its licensors and are protected by intellectual property laws. Nothing in this Agreement grants you any right or license to use any MealOps trademarks, logos, or other intellectual property. You agree not to copy, reproduce, republish, download, post, transmit, or distribute in any way any content from the Services without the prior written consent of MealOps, except for your personal, non-commercial use.

12. Payment Terms

(a) General. All charges for orders and services will be as set forth through the Services and will include the price of the items, applicable taxes, delivery fees, service fees, and any other charges or fees that may be disclosed to you. MealOps reserves the right to determine final prices. You are responsible for all charges incurred under your account, whether or not you authorized such charges.

(b) Payment Methods. You agree that MealOps may charge your chosen payment method for any and all amounts owed. You represent and warrant that you are authorized to use the payment method you designate and you authorize MealOps to charge your payment method for all charges incurred. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that MealOps may use a secondary payment method if available in your account.

(c) Cancellations. If you cancel your order after it has been placed, you may be subject to a cancellation fee. The amount of the cancellation fee will be disclosed to you prior to confirmation of cancellation.

(d) Promotions and Credits. MealOps may, in its sole discretion, create promotional codes or credits that may be redeemed for account credit, or other features or benefits related to the Services. You agree that promotional codes and credits: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by MealOps; (iii) may be disabled by MealOps at any time for any reason without liability to MealOps; (iv) may only be used pursuant to the specific terms that MealOps establishes for such promotional code or credit; (v) are not valid for cash; and (vi) may expire prior to your use. MealOps reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promotional codes by you or any other user in the event that MealOps determines or believes that the use or redemption of the promotional code was in error, fraudulent, illegal, or in violation of the applicable promotional code terms or this Agreement.

13. Arbitration Agreement

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MEALOPS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 13 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

(a) Scope of Arbitration Agreement. You agree that any dispute, claim or controversy arising out of, relating to, or in connection with this Online Agreement, including but not limited to your access or use of the Services, any advertising or marketing communications regarding MealOps or the Services, any products or services sold or distributed through the Services, or to any aspect of your relationship or transactions with MealOps will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or MealOps may seek equitable relief in court arising out of the infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

CASES HAVE BEEN FILED AGAINST MEALOPS—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

IF YOU AGREE TO ARBITRATION WITH MEALOPS, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST MEALOPS IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

(b) Informal Resolution. You and MealOps agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and MealOps therefore agree that, before either you or MealOps demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify MealOps that you intend to initiate an informal dispute resolution conference, email mealops.help@gmail.com, providing your name, telephone number associated with your MealOps account (if any), the email address associated with your MealOps account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

(c) Arbitration Rules and Forum.

• (i) United States Consumers Only. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph 13(b). If this notice is being sent to MealOps, it must be sent by email to mealops.help@gmail.com or by mail to General Counsel, MealOps, Inc.,The arbitration will be conducted by ADR Services, Inc. pursuant to the most current version of its rules available at https://www.adrservices.com/services/arbitration-rules/ and pursuant to the terms of this Arbitration Agreement. Arbitration demands filed with ADR Services, Inc. must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s website, available as of [Date of last check] at https://www.adrservices.com/rate-fee-schedule/. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s Fee Schedule and ADR Services, Inc.’s rules. However, if required by law, MealOps will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. If ADR Services, Inc. is not available to arbitrate, the parties will mutually select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location. To the extent there is a dispute over which arbitration provider shall administer the arbitration, only a court (and not an arbitrator or arbitration administrator) can resolve that dispute, and the arbitration shall be stayed until the court resolves that dispute. The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by law. If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Arbitration Agreement, either party may seek to enjoin the arbitration proceeding in court, and the arbitration shall automatically be stayed pending the outcome of that proceeding.
• (ii) Canada Consumers Only. This Arbitration Agreement shall be governed in all respects by the applicable arbitration statute in the province where you are headquartered or reside. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph 13(b). If this notice is being sent to MealOps, it must be sent by email to mealops.help@gmail.com or by mail to General Counsel, MealOps Technologies Canada, Inc., [Your Canadian Company's Physical Address]. The arbitration will be conducted by ADR Institute of Canada, Inc. (“ADRIC”) pursuant to the most current version of its rules available at https://adric.ca/rules-codes/. [ADD ANY OTHER CANADIAN-SPECIFIC ARBITRATION DETAILS, e.g., consumer rights in Quebec to litigate despite arbitration clause.]

(d) Exceptions. The Arbitration Agreement does not require arbitration of the following claims: (i) individual claims brought in small claims court; (ii) claims for injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (iii) as specified for New Zealand consumers in Section 13(c)(iv) if applicable.

(e) Waiver of Jury Trial. YOU AND MEALOPS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and MealOps are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as set forth in Section 13(d) (Exceptions). An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

(f) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER OR CUSTOMER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR CUSTOMER. If a decision is issued stating that applicable law prevents enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in [Your State/Country's Capital City or County]. All other claims shall be arbitrated.

(g) Opt Out. You may opt out of this Arbitration Agreement by sending a written notification to MealOps, Inc., [Your Company's Physical Address], within 30 days of your agreement to these Terms. The opt-out notice must include your name, address, phone number, and the email address you used to register for your MealOps account. This is the only way you can opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with MealOps or may enter into in the future.

(h) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

(i) Survival. This Arbitration Agreement will survive the termination of your relationship with MealOps.

(j) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if MealOps makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing to MealOps at the address provided in Section 13(g).

14. Third-Party Interactions

The Services may contain links to third-party websites, applications, or other resources. When you click on such links, you will leave the MealOps Services. MealOps does not control or endorse any third-party websites or resources. You acknowledge and agree that MealOps is not responsible for the availability of such external sites or resources, and does not endorse any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MealOps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

15. Transactions Involving Alcohol and Other Age-Restricted Products

You may not order alcohol or other age-restricted products unless you are of legal age to purchase and consume such products in your jurisdiction. By placing an order for alcohol or other age-restricted products, you represent and warrant that you are of legal age. Upon delivery or pickup, you or the recipient must provide valid government-issued photo identification proving legal age and sign for the delivery. If the recipient is unable to produce valid identification, appears to be under the influence of alcohol, or if a minor is present, the Contractor or Merchant may refuse to complete the delivery, and you may be charged for the order.

16. Indemnification

You agree to indemnify, defend, and hold harmless MealOps and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of this Agreement; (c) your violation of any rights of any third party, including Merchants or Contractors; or (d) any User Content you submit or transmit through the Services. MealOps reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MealOps’s defense of such claim.

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEALOPS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. MEALOPS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

18. Internet Delays

The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. MealOps is not responsible for any delays, delivery failures, or other damage resulting from such problems.

19. Breach and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEALOPS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. IN NO EVENT SHALL MEALOPS’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID MEALOPS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

20. Exclusive Venue

To the extent that the parties are permitted under this Agreement to initiate litigation in a court, you agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Santa Clara County, California. You and MealOps consent to the personal jurisdiction of such courts.

21. Termination

MealOps may terminate this Agreement and your access to the Services at any time, for any reason, with or without notice. You may terminate your account at any time by contacting MealOps customer support. Upon termination, your right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity, and limitations of liability.

22. Procedure for Making Claims of Copyright Infringement

MealOps respects the intellectual property rights of others. If you believe that your copyright has been infringed on the Services, please notify MealOps’s Copyright Agent at mealops.help@gmail.com. Your notice must include: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Services; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

23. Consumer Marketing Text Messages

By agreeing to these Terms, you consent to receive recurring automated marketing and promotional text messages from MealOps to the mobile number you provide. Consent is not a condition of any purchase. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help.

24. General

This Agreement constitutes the entire agreement between you and MealOps regarding the use of the Services, superseding any prior agreements between you and MealOps relating to your use of the Services. The failure of MealOps to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

25. Contact Information

If you have any questions about this Agreement or the Services, please contact MealOps at: