PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
Any Plates, Inc. ("Any Plates," "we," "our," or "us") welcomes you to our innovative food delivery platform. This Agreement constitutes a legally binding contract between you and Any Plates that governs your access and use of our iOS mobile applications (including our customer app, courier app, and merchant app), our website (www.anyplates.com), and all related services, features, content, technology, and functionality (collectively, the "Platform").
By accessing or using the Platform, creating an account, clicking "I Agree," or otherwise indicating your acceptance of these terms, you represent and warrant that you have read and understand this Agreement, are at least 18 years old, have the legal capacity to enter into binding contracts, and agree to be bound by all terms and conditions herein. If you do not agree with any part of these terms, you must not use our Platform.
By accessing or using the Platform, creating an account, clicking "I Agree," or otherwise indicating your acceptance of these terms, you represent and warrant that you have read and understand this Agreement, are at least 18 years old, have the legal capacity to enter into binding contracts, and agree to be bound by all terms and conditions herein. If you do not agree with any part of these terms, you must not use our Platform.
For purposes of this Agreement, "Account" means your registered account with Any Plates; "Apple ID" refers to your unique Apple account identifier used to access our iOS applications; "Content" means all text, images, videos, graphics, reviews, and other materials on the Platform; "Courier" means an independent contractor who provides delivery services through our Platform; "Customer" means any user who places orders through our Platform; "Delivery Fee" means the fixed $10 fee charged for each delivery; "Merchant" means any restaurant or food establishment offering items for sale on our Platform; "Order" means a request placed through the Platform for food items from a Merchant; "Platform Fee" means the $1.58 per delivery fee paid by Couriers to Any Plates; and "Merchant Fee" means the $99 monthly fee charged to Merchants who process more than 35 orders per month.
Any Plates is a technology company that provides a virtual marketplace connecting customers seeking food delivery with merchants offering food for sale and independent couriers providing delivery services. We do not prepare, cook, package, or handle food, employ delivery personnel, own or operate restaurants, store credit card information, guarantee delivery times, or assume responsibility for food quality or safety. Currently, Any Plates operates exclusively in Manhattan, New York, though we reserve the right to expand or limit our service area at any time. Our Platform is currently available exclusively through iOS mobile applications and our informational website, where ordering is not available. We may add Android support and web ordering functionality in the future at our discretion.
To use our Platform, you must create an account linked to your Apple ID. You agree to provide accurate, current, and complete information during the registration process and to maintain and promptly update such information. You must accept both these Terms of Service and our Privacy Policy to create an account. You are solely responsible for maintaining the confidentiality of your account and for all activities that occur under it. Creating multiple accounts, sharing your account with others, transferring your account to another person, using another person's account, providing false or misleading information, or creating an account if previously banned from the Platform is strictly prohibited. We reserve the right to suspend or terminate accounts, remove or edit content, cancel orders, and restrict access to features for any or no reason, without notice, at our sole discretion.
When placing an order through the Platform, you must browse available restaurants in your delivery area, select items and customize as allowed, review order details and delivery address, accept delivery fee and any other applicable charges, and complete payment through Apple Pay or Stripe. Orders are subject to a $200 maximum order value, restaurant operating hours, courier availability, weather conditions, and platform capacity. An order is only confirmed when payment is successfully processed, the restaurant accepts the order, and you receive an order confirmation through the Platform. Orders cannot be modified or canceled except within the first 3 minutes of placing the order, if restaurant preparation time exceeds estimated time by 20 minutes, or at Any Plates' discretion for exceptional circumstances.
To use our Platform, you must create an account linked to your Apple ID. You agree to provide accurate, current, and complete information during the registration process and to maintain and promptly update such information. You must accept both these Terms of Service and our Privacy Policy to create an account. You are solely responsible for maintaining the confidentiality of your account and for all activities that occur under it. Creating multiple accounts, sharing your account with others, transferring your account to another person, using another person's account, providing false or misleading information, or creating an account if previously banned from the Platform is strictly prohibited. We reserve the right to suspend or terminate accounts, remove or edit content, cancel orders, and restrict access to features for any or no reason, without notice, at our sole discretion.
Delivery services are provided by independent Couriers who must be adults according to New York State law, pass background checks, use bicycles only for delivery, and maintain appropriate safety equipment. Couriers are not employees of Any Plates, are responsible for their own insurance, and keep 100% of customer tips.
Customers agree to pay the full price of ordered items, a $10 delivery fee per order, any applicable taxes, and any future fees or charges we may implement. All payments must be processed through approved payment methods. All payments are processed through Apple Pay or Stripe. We do not store credit card information on our Platform. Payment processing is subject to the terms and conditions of our payment processors.
Merchants agree to pay a $99 monthly fee if exceeding 35 orders per month, maintain accurate menu prices matching in-store prices, process refunds as directed by Any Plates, and accept our payment terms and processing schedule. Failure to comply with these payment terms may result in immediate suspension or termination of the Merchant's account.
Couriers agree to pay a $1.58 Platform Fee per completed delivery, accept responsibility for their own taxes, maintain accurate payment information, and accept our payment terms and processing schedule. Couriers are independent contractors and responsible for all expenses related to their delivery services.
Refunds may be issued at our discretion for unsealed orders, missing items, incorrect items, quality issues, excessive delivery delays, and platform technical issues. All refund requests are reviewed individually, and decisions are made at the sole discretion of Any Plates. To request a refund, customers must submit a claim through the Platform, provide required documentation, allow up to 5-7 business days for processing, and accept refund to the original payment method. Any Plates reserves the right to deny any refund request that does not meet our eligibility criteria. Refunds will not be issued for personal taste preferences, expected delivery time variations, weather-related delays, customer errors in ordering, or completed deliveries with no reported issues. All refund decisions made by Any Plates are final.
Merchants must maintain valid food service licenses, comply with health department regulations, maintain accurate menu information, provide quality food items, meet preparation time standards, maintain cleanliness standards, and process minimum monthly orders to remain active on the Platform. All menu items must have accurate descriptions, current prices matching in-store prices, high-quality photos, allergen information, customization options if applicable, and accurate preparation times. Merchants are responsible for keeping all menu information current and accurate.
Merchants are responsible for food preparation and safety, order accuracy, packaging quality, staff training and conduct, maintaining operating hours, updating menu availability, and processing refunds as directed. Any Plates bears no responsibility for the quality or safety of food prepared by Merchants. We may terminate Merchant accounts for health code violations, consistent negative reviews, order fulfillment issues, payment processing issues, Terms of Service violations, or any other reason at our discretion. Termination may be immediate and without prior notice.
All Couriers must be at least 18 years old, pass background checks, have a valid ID, use a bicycle for deliveries, maintain required safety equipment, complete orientation, and maintain positive ratings. Failure to meet these requirements may result in immediate termination. Required safety equipment includes helmet, bike lights, reflective gear, insulated delivery bag, proper bike maintenance, and weather-appropriate gear. Couriers must maintain all safety equipment in good working condition and use it properly during all deliveries.
Couriers must verify order details, handle food safely, maintain professional conduct, follow delivery instructions, complete deliveries promptly, maintain communication, and report issues immediately. Each delivery must meet our quality and timeliness standards. We may terminate Courier accounts for safety violations, customer complaints, delivery issues, terms violations, background check issues, or any other reason at our discretion. Termination decisions are final and may be immediate.
Our Platform includes a comprehensive rating system for restaurants, couriers, and overall experience. Ratings help maintain quality standards and inform user decisions. We reserve the right to use these ratings for service improvements and account management. Reviews must be honest, accurate, based on actual experience, free from profanity, non-discriminatory, non-threatening, and relevant to the service. Users submitting reviews must comply with these guidelines to maintain platform integrity. We may remove reviews that violate our guidelines, contain false information, include personal attacks, promote competitors, include inappropriate content, or are manipulated or fraudulent. Any Plates maintains sole discretion over review content.
We own all rights to platform technology, company branding, user interface design, features and functionality, data and analytics, and marketing materials. These rights are protected by applicable intellectual property laws. We grant users a limited, non-exclusive, non-transferable license to install our iOS applications, use platform features, place and receive orders, submit reviews and ratings, and access account information. This license is subject to these Terms and may be revoked at any time. Users may not copy or modify the Platform, reverse engineer our technology, create derivative works, remove copyright notices, use our intellectual property, or scrape or harvest data. Any unauthorized use of our intellectual property may result in legal action.
We collect data about user profiles, order history, delivery locations, payment information, platform usage, and device information. This collection is necessary for platform operation and service improvement. We use data to process orders, improve services, prevent fraud, communicate with users, analyze performance, and comply with laws. All data usage complies with our Privacy Policy and applicable regulations. We may share data with law enforcement, for fraud prevention, with service providers, for platform operation, as required by law, and with user consent. All data sharing is conducted in accordance with our Privacy Policy. We implement measures to protect personal information, prevent unauthorized access, maintain data integrity, ensure platform security, comply with regulations, and respond to incidents. However, no security system is completely impenetrable.
ANY PLATES' TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE ORDER. We are not liable for food quality or safety, delivery partner actions, restaurant service, technical issues, force majeure events, or third-party actions. THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We do not guarantee platform availability, delivery times, food quality, restaurant availability, courier availability, or technical performance. You agree to indemnify Any Plates for terms violations, illegal activities, account misuse, content violations, third-party claims, and regulatory violations. This indemnification obligation includes covering any costs, damages, or legal fees incurred by Any Plates in defending against such matters.
All disputes must be resolved through binding arbitration in New York, except for small claims court cases, intellectual property claims, and matters exempt by law. This agreement to arbitrate is intended to be broadly interpreted and applies to all claims or disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Arbitration will be conducted under AAA rules, in New York, in English, individually (no class actions), and by a single arbitrator. The arbitrator shall be bound by the terms of this Agreement and may award only such relief as would be available in court under law or in equity.
These terms constitute the complete agreement between parties, superseding prior agreements, including referenced policies, and binding on all parties. This Agreement sets forth the entire understanding between you and Any Plates regarding the subject matter hereof. If any provision is invalid, remaining terms stay in effect, invalid terms will be modified, legal requirements prevail, and intent will be preserved. The invalidity of any provision shall not affect the validity of the remaining provisions. We are not liable for failures due to natural disasters, government actions, civil unrest, technical failures, third-party actions, or other circumstances beyond control. This includes any other events outside our reasonable control that prevent or delay our performance.
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL INCORPORATED POLICIES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR PLATFORM OR SERVICES.