Terms of Service

1. Agreement, eligibility, and Florida law

These Terms of Service are a binding agreement governing the Foodtruck Spot website, applications, APIs, marketplace features, and subscription services (collectively, the "Platform"). They apply to enterprise and other business customers ("B2B Customers"), individual consumers ("B2C Customers"), organization members, and visitors. By creating an account, accepting an invitation, placing an order, starting a booking, or using a paid feature, you agree to these Terms and the linked policies.

You must be legally able to contract where you live and may not use the Platform where prohibited by law. Florida law governs these Terms, without regard to conflict-of-law rules, and exclusive venue lies in the state or federal courts located in Orange County, Florida, unless non-waivable law requires another forum. Nothing here waives rights under Florida consumer-protection law or other applicable law.

2. Account ownership and responsibilities

For a B2B Customer, the purchasing organization is the account owner and contracting customer. Its administrator may provision seats, assign roles, and invite users. The organization is responsible for its users' activity, access reviews, removal of former users, lawful instructions, and compliance of corporate data. An administrator represents that they have authority to bind the organization.

For a B2C Customer, the individual who creates the account is the sole account owner and is personally responsible for account activity, subscription fees, acceptable use, and information submitted through the account. Accounts may not be shared or resold unless Foodtruck Spot expressly authorizes it.

All customers must provide accurate, current information, protect credentials, use reasonable security precautions, and promptly report unauthorized access. We may request verification, limit visibility, or suspend access for safety, fraud prevention, nonpayment, legal compliance, or breach of these Terms.

3. The marketplace and SaaS services

Foodtruck Spot is a technology marketplace that helps food truck operators, venues, and consumers discover one another, exchange information, manage bookings, request catering, place orders, and process certain payments. Foodtruck Spot does not operate a food truck, own or control a venue, prepare or sell food, employ the operators shown on the Platform, or guarantee that a listing, booking, meal, event, or payment will meet your expectations.

Unless a separate written agreement says otherwise, Foodtruck Spot is not a party to a booking, catering arrangement, food order, employment relationship, lease, or other transaction between users. The users involved are responsible for their own representations, permits, licenses, insurance, taxes, safety practices, performance, and legal compliance.

Paid subscriptions provide a limited, non-exclusive, non-transferable right to access the applicable Platform features during the paid subscription term. Features, plan limits, seat counts, usage limits, and prices are those displayed at checkout or in an applicable order. Foodtruck Spot owns the Platform, application code, architecture, documentation, and service improvements. The customer owns its submitted data and grants us only the rights needed to provide, secure, support, and improve the Platform.

4. Subscriptions, Pro Tier, and auto-renewal

Subscriptions may renew monthly or annually, as selected at checkout. By subscribing, you authorize Foodtruck Spot, through Stripe, to charge the payment method for each renewal and applicable taxes until cancellation. The renewal price, billing cycle, plan, and cancellation method will be disclosed before purchase. We will provide notices and cancellation methods required by applicable law, including Florida's automatic-renewal requirements where they apply. Cancel before the renewal date to avoid the next charge; cancellation normally takes effect at the end of the paid term unless the checkout or law says otherwise.

The Pro Tier is a paid subscription and does not include a guaranteed uptime percentage or formal service-level agreement. The Platform is provided on an "as is" and "as available" basis. If an unanticipated, prolonged disruption occurs, Foodtruck Spot may, in its sole and absolute discretion, issue a partial refund or service credit to an eligible Pro Tier account. No credit is owed unless we expressly issue it.

A service credit is non-transferable, has no cash value, expires 12 months after issuance, and may be applied only to a future Stripe subscription invoice for the same Foodtruck Spot account. Credits are not redeemable for cash, cannot be sold or assigned, and are forfeited when the account is terminated unless applicable law requires otherwise.

Fees are generally non-refundable except where these Terms, the checkout terms, Stripe's rules, or applicable law require a refund. Consumers retain any non-waivable cancellation, cooling-off, chargeback, or other statutory rights available in their jurisdiction. Florida does not create a general cooling-off right for every online SaaS purchase; any right that applies to a particular transaction will be honored.

5. Stripe payments and merchant processing

Subscription and marketplace payment processing is provided by Stripe, Inc. and its affiliates. Stripe's applicable Consumer Services Agreement, Connected Account Agreement, Privacy Policy, and other applicable Stripe terms govern Stripe's services and may impose additional requirements. Foodtruck Spot does not store raw payment-card numbers or sensitive financial-authentication tokens on its internal servers; Stripe and its hosted or embedded payment components handle that information.

You authorize Foodtruck Spot and Stripe to process charges, refunds, deposits, guarantees, site fees, marketplace fees, subscription invoices, and payouts shown at checkout or in the applicable terms. You must not use another person's payment method without authorization or bypass a disclosed payment flow. A payment provider may delay, reverse, decline, or hold a transaction for fraud, dispute, compliance, or operational reasons.

A booking or other transaction is formed between the users identified in the applicable confirmation, not with Foodtruck Spot, unless a separate agreement expressly states otherwise. A booking generally becomes confirmed when the parties accept the same terms, required documentation or signatures are complete, and any required payment authorization succeeds. The booking record, displayed status, and accepted term version control the Platform workflow.

An order placed through a live truck listing is an arrangement between the customer and the truck. A catering inquiry may be only a lead until the parties accept a quote or other terms. Menus, prices, availability, estimates, preparation times, dietary information, and photos can change; the seller is responsible for the accuracy and fulfillment of its offering.

6. Fees, taxes, cancellations, and disputes

Prices, taxes, deposits, guarantees, site fees, processing charges, marketplace fees, and refund terms are disclosed when applicable. You are responsible for taxes and regulatory obligations assigned to you by law or by the transaction terms. Foodtruck Spot may correct obvious pricing or calculation errors and may delay or reverse a payment where required for fraud, compliance, chargeback, or operational reasons.

Cancellations and refunds are governed first by the accepted booking terms, the seller's disclosed order policy, and applicable law. The Marketplace Policies describe the Platform process but do not eliminate non-waivable consumer rights. A dispute review is not a substitute for emergency services, a health department, a payment-provider claim, or a legal proceeding where those are appropriate.

7. Acceptable use and content

You may not use the Platform to violate law; misrepresent identity, ownership, licensing, insurance, availability, menu, pricing, or verification; evade fees or safety controls; scrape or harvest data without authorization; upload malware; interfere with the Platform; impersonate another person; discriminate, harass, threaten, defraud, or abuse another user; or use another user's private information improperly.

You retain ownership of content you submit, but grant Foodtruck Spot a worldwide, non-exclusive, royalty-free license to host, reproduce, adapt, display, distribute, and technically process it to operate, improve, secure, and promote the Platform. You represent that you have the rights and permissions needed for that content, including photos, logos, menus, reviews, and personal information. We may remove content that violates law, these Terms, or a policy.

8. Data, security, and compliance

Each B2B Customer is responsible for determining whether its use of the Platform involves regulated data and for providing lawful instructions and notices. Unless a written data processing addendum says otherwise, do not submit Protected Health Information, payment-card data subject to PCI-DSS storage obligations, Social Security numbers, or other highly sensitive regulated data. The Platform is not represented as HIPAA-compliant and is not a payment-card vault. Stripe handles payment-card data under its own compliance program.

For B2B processing of personal data on the customer's behalf, the parties should execute the applicable Data Processing Addendum before that processing begins. The DPA will address roles, documented instructions, confidentiality, security, subprocessors, assistance, international transfers, retention, deletion, and applicable laws such as the GDPR, CCPA/CPRA, and Florida privacy law. Unless a longer period is legally required or a DPA states otherwise, we will delete or return customer data within 60 days after account termination, subject to backups, dispute records, legal retention, and de-identification.

9. Disclaimers and limitation of liability

To the fullest extent permitted by law, the Platform and all listings, content, availability, verification indicators, recommendations, and services are provided on an "as is" and "as available" basis without warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, or safety. We do not warrant uninterrupted or error-free operation or that a listing or transaction will be available, completed, lawful, safe, or satisfactory.

To the fullest extent permitted by law, Foodtruck Spot and its owners, affiliates, officers, employees, contractors, and providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunity, arising from or related to the Platform or a user transaction. Our aggregate liability for claims arising from a paid subscription will not exceed the amount the claimant paid Foodtruck Spot for that subscription in the 12 months before the event giving rise to the claim; for an unpaid or free service, the cap is $100. This cap does not limit liability that cannot legally be limited or waived.

No uptime commitment applies. We are not responsible for internet or telecommunications failures, third-party hosting or cloud-provider outages (including AWS, Azure, or other providers), payment-provider failures, scheduled maintenance, security incidents caused by the customer, or force majeure events. These exclusions do not eliminate rights or remedies that applicable law makes non-waivable.

10. Suspension, termination, and survival

We may limit, suspend, or terminate an account, listing, organization, transaction, or access to a feature when reasonably necessary for safety, fraud prevention, nonpayment, legal compliance, policy enforcement, system security, or breach of these Terms. You may stop using the Platform and request account closure, subject to records and obligations we must retain or complete.

Termination does not erase completed transaction records, payment obligations, dispute rights, licenses already granted, or provisions that by their nature should survive, including intellectual property, acceptable use, disclaimers, limitations of liability, indemnity, dispute resolution, and governing-law provisions.

11. Indemnity and dispute resolution

To the fullest extent permitted by law, you agree to defend and indemnify Foodtruck Spot only for direct third-party claims to the extent caused by your content, your unlawful conduct, your transaction with another user, your material breach of these Terms, or your infringement of another person's rights. Foodtruck Spot will defend a third-party claim that the unmodified Platform, as provided by us, directly infringes a valid United States patent or copyright, and will pay a final judgment or approved settlement, subject to exclusions for customer content, combinations, modifications, or use outside these Terms. This is the parties' exclusive remedy for that type of intellectual-property claim.

Legal notices should be directed to Food Truck Spot LLC, 946 E Michigan St Apt B, Orlando, FL 32806, or via email to legal@foodtruckspot.com.

12. Changes and contact

We may update these Terms as the Platform changes. We will post the updated version and revise the effective date. Where required, we will provide additional notice or obtain consent. Continued use after an effective update means you accept the updated Terms to the extent permitted by law.

Questions, notices, privacy requests, and legal notices should be directed to Food Truck Spot LLC, 946 E Michigan St Apt B, Orlando, FL 32806, or via email to legal@foodtruckspot.com.