The Privacy Policy for LocalServes App was last updated on August 1, 2023.

The LocalServes App Privacy Policy

This Privacy Policy describes the LocalServes App policies on the collection, use, and disclosure of information about you in connection with your use of LocalServes App’ services, including those offered through our websites, emails, affiliated sites, and mobile applications (collectively, the "Service"). The terms "we", "us", "our", and "LocalServes App" refer to LocalServes App. When you use the Service, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy. If you do not agree to the Privacy Policy, please do not use our Services or provide us with your personal information. You understand and agree that your use of our Services gives us full rights to all information shared using the Service.

TABLE OF CONTENTS

1. Use of Information We Collect
2. Cookies and Your Information
3. Third Parties
4. Controlling Your Personal Data
5. Data Retention and Account Termination
6. Children
7. Security
8. Contact Information
9. Modifications to This Privacy Policy

1. USE OF INFORMATION WE COLLECT

LocalServes App may collect and store information about you when you use the Service. We use the information to fulfill your requests, provide the Service’s functionality, improve the Service’s quality, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal obligations. Among the information we collect, please note:

* Account Information:

If you create an account on our Services, we may store and use your username, email, physical address, phone number, zip code, and other information you may provide with your account creation and ordering transactions. Any photo you submit through the registration process, will be publicly displayed as part of your account profile. You may access and/or modify some of the information associated with your account. If you believe that someone has created an unauthorized account depicting you or your likeness, you can request its removal by sending us an email using the ‘Contact Us’ form on the LocalServes App Services. Include details and any other identifiable information. LocalServes App will investigate the account as soon as our resources allow and take the appropriate action.

* Public Content:

The information that you contribute through the Service is intended for public consumption, including but not limited to your business information, personal foodie information, reviews, ratings, social media shares, photos, likes, news feed posts, and account profile. We may display this information through the Service, share it with businesses, and further distribute it to a wider audience through third party sites and services. By using our Service, you are agreeing that you are the sole owner of the content shared. Sharing public content that falls into any categories noted, but not limited to misuse, abusive, fake, inaccurate, misrepresented, infringement of copyright images and/or content without consent, or defamatory content that is displayed on our Services will lead to immediate deactivation and may be subject to criminal offenses at the offenders financial expense.

* Contacts:

You can invite your friends to use our Services with the Invite Friends modules on the Service. We will not store or share your friend(s) contact information without their consent.

* Communications:

When you sign up for an account or use certain features, you are opting to receive messages from LocalServes App, other users of our Services, and affiliated businesses. Note that you cannot opt out of receiving certain administrative, transactional, or legal messages

The Privacy Policy for LocalServes App was last updated on August 1, 2023.

from LocalServes App. If you exchange messages with others through the Service, (i.e. Reviews) we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to the operation and use of the Service. We may not deliver messages that we believe are objectionable, such as spam messages or requests to exchange reviews for compensation. Carriers may charge recipients for data used while navigating the LocalServes App. We may also store information that you provide through communications to us, including from phone calls, letters, emails, other electronic messages, or in person. If you are a representative of a business, we may contact you, including by phone, news feed, text, mail, email, personal solicitation, using the contact information you provide us, make publicly available, or that we have on record for your business.

* Activity

You understand and agree that your use of our Services gives us full rights to all activity you perform using the Service. We may store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visit, businesses you call using our mobile and web applications, your recommendations, your invitees, your reviews, your likes, news feed, friends, and events through the Service. We also may store information that your computer or mobile device provides to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon-based location, and GPS location), and requested and referring URLs.

2. COOKIES AND YOUR INFORMATION

We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called "flash cookies"), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology ("Cookies") in connection with your use of the Service, third party websites, and mobile applications. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Service, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.
The purposes for which we use Cookies or your information in our Services include:

* Processes - Intended to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account

* Authentication, Security, and Compliance - Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use Cookies to determine if you are logged in. You may choose to enable or login to our Services using accounts with other 3rd party social media providers which gives you access to our Services. When you link a social media account to our Services, we may collect relevant information necessary to collect, share, facilitate, enhance, customize store and disclose personal information in accordance with this Privacy Statement.

* Preferences - Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to use your phone’s geolocation data.

* Notifications - Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.

* Advertising - Intended to make advertising more relevant to users and more valuable to advertisers. For example, we may use Cookies to serve you interest-based ads, such as ads that are displayed to you based on your visits to other websites, or to tell us if you have recently clicked on an ad.

The Privacy Policy for LocalServes App was last updated on August 1, 2023.

* Analytics - Intended to help us understand how visitors use the Service, number of visits, and other business needs. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.

* Orders - Complete transactions and share contact information and order details to 3rd parties such as credit card processing companies and vendors (i.e. Stripe).

* Investigations - In the event the proper authorities as required by law request information regarding an investigation when required. We may use your information in the process to offer continued protection of users of our Services to prevent fraud, comply with law enforcement, protection against security risks, and all means to ensure our Terms of Service are being adhered to.

* Mergers, Acquisitions, Dissolutions, Reorganizations, Sale, Transfer, or Similar Event - As part of any transaction where ownership of LocalServes App changes to allow for a smooth transaction

* Business Operations - To provide you the Services of browsing, searching, communicating, ordering, status of orders, fulfillment of orders, financial reporting, customer assistance, business engagement, and more. We may retain aggregated data indefinitely for our records regardless of the status of your account.

* Location - Intended to collect location information to support use of the Service and marketing purposes.

3. THIRD PARTIES

Third parties may receive information about you as follows:

* Advertisers:

We may allow third parties to use Cookies through the Service to collect the same type of information for the same purposes LocalServes App does for itself. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use. Please note that opting out does not prevent the display of all advertisements to you. Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address) to facilitate the display of targeted advertising.

* Service Providers:

We may rely on third party providers to support or provide some of the services that are available through the Service. We may also rely on third party providers to perform certain services for us in connection with your use of the Service, such as but not limited to network security, technical and customer support, tracking and reporting functions, quality assurance testing, our own marketing of the Service, and other functions. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests. These third-party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third party providers may also share this information with their subsidiaries, joint ventures, or other companies under common control. Some of our web pages utilize framing techniques to serve content to you from our third-party providers, while preserving the look and feel of the Service. In such cases, please note that the information you provide is being provided to the third party.

* Aggregate Information:

We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.

* Business Transfers:

We may share information from or about you with our parent companies, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires LocalServes App or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.

The Privacy Policy for LocalServes App was last updated on August 1, 2023.

* Businesses on LocalServes App:

We may share information from or about you, your devices, and your use of the Service (such as which businesses you bookmark or call) with businesses listed on our Services.

* Investigations:

We may investigate and disclose information from or about you if we have a good faith and belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public, such as disclosures in connection with our Consumer Alerts program. If you flag or otherwise complain to LocalServes App about content through the Service, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.

* Links and Other Websites:

The Service may contain links to unaffiliated third party services. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on or applicable to all such third party services.

* Third Party Accounts:

If you sign up for LocalServes App using a third-party service like Facebook, or link your LocalServes App account to your account with a third party service like Facebook or Twitter, we may receive information about you from such third party service.

4. CONTROLLING YOUR PERSONAL DATA

Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. Users can also use the Member Search feature to find one another based on their usernames or email addresses.
Please also note that the messages you send or receive using the Service are only private to the extent that both you and the person you are communicating with keep them private. For example, if you send a message to another user, that user may choose to publicly post it. Also, LocalServes App may access and disclose such messages in the course of investigations relating to use of the Service.

5. DATA RETENTION AND ACCOUNT TERMINATION

You can close your account by contacting LocalServes App using the registered email address associated with that account or by deleting your account from our Service. We will remove your public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations. Please note that businesses cannot remove their business listings, ratings, or reviews by closing their accounts.

6. CHILDREN

The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please notify us immediately. If we become aware that a child under 13 has provided us with personal information without parental consent, we will take the proper steps to remove such information and terminate the child's account to prevent any future use.

7. SECURITY

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Please keep this in mind when disclosing any information while using our Services. LocalServes App cannot be held liable for any data or security breaches.

8. CONTACT INFORMATION

If you believe that LocalServes App has not adhered to this Privacy Policy, you may contact us online using our Contact Us form.

9. MODIFICATIONS TO THIS PRIVACY POLICY

The Privacy Policy for LocalServes App was last updated on August 1, 2023.

We reserve the rights to change or revise this Privacy Policy at any time without any notice. The most current version of the Privacy Policy will govern our collection, use, and disclosure of information about you and will be located on the LocalServes App. If we make material changes to this Privacy Policy, we will notify you via email or by posting a notice on the Service prior to the effective date of the changes. Should you ever object to any changes made to our Privacy Policy, you must cease from using our services immediately. By continuing to access or use the Service after those changes become effective, you agree to the revised Privacy Policy and the contents there-in. We recommend you visit our Services to review our Privacy Policy frequently.

The Privacy Policy for LocalServes App was last updated on August 1, 2023.

The LocalServes App Selling Agreement Policy

Before you use the LocalServes app storefront please read these Selling Agreement Policy carefully. By signing up on the LocalServes app or using the platform, you, any entities that you represent and all of your participating store locations ("you" or "merchant") agree to be bound by these terms in addition to the terms on the Terms and Conditions.

Section 17 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 17 sets forth our arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (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 proposed class action litigation. Please see Section 17 for more information regarding this arbitration agreement, the possible effects of this arbitration agreement, and how to opt out of the arbitration agreement.

“Terms” used throughout means the provisions herein.

1. Definitions.

a. “Stripe” is our independent third-party certified payment gateway.

b. “Payment API ” means the LocalServes App’s use of application programming interfaces (APIs) that allows the Merchant to exchange information with our independent 3rd parties through the LocalServes App.

c. “LocalServes App Data" shall mean any information that LocalServes App provides or makes accessible to Merchant through the LocalServes App Platform, including without limitation Personal Information.

d. “LocalServes App’s proprietary application-based platformwhere Customers can view and search for Merchants and menus of Merchants and/or place an order for Merchant Products via the mobile application for the Customer to pick-up at the Merchant’s location, dine-in, or curbside.

e. “Technology Fee” (Sometimes this fee is referred to as the Commission fee or Tech Fee) means the commission fees collected by LocalServes App from Customers in exchange for services provided which is charged as a percentage of revenues transacted on the LocalServes App Platform; Services may include, but are not limited to the LocalServes App’s proprietary platform which allows Merchants to utilize technology to serve its customer base effectively, promoting and featuring the LocalServes App, Merchant, and Merchant Storefronts via various platforms including social media.

f. “Customer” means the individual, patron, or user who places an order for Merchant Products through the LocalServes App Platform.

g. “LocalServes App Marketplace” means LocalServes App’s proprietary mobile app platform where Customers can view and search for the menus and/or items of Merchants and/or place an order for Merchant Products via the LocalServes App mobile application for the Customer to pick-up at the Merchant’s location, dine-in, or curbside. The LocalServes app Marketplace/Storefront enables fulfillment for orders placed directly with the Merchant by the Customer.

h. “LocalServes App Platform” is used interchangeably to represent the LocalServes App, LocalServes Storefront, LocalServes Marketplace.

i. “LocalServes App Services”or “Services” means the services offered through the LocalServes App Platform.

j. “LocalServes Term”” means the terms, conditions, and policy agreements between LocalServes App and Merchant for LocalServes App.

k. “Marketplace Orders” ” means orders for Merchant Products through the LocalServes App Platform from Customers to pick-up at the Merchant’s location, dine-in, or curbside.

l. “Merchant” means any food truck, independent chef, local restaurant or other entity that has agreed to participate in the LocalServes App Services.

m. "Merchant Portal" or “Merchant Account” or “LMA”” is a module within the LocalServes App platform, accessible by Merchants in the LocalServes App through which the Merchant may and regularly should review and confirm its transactions, fees and charges and account on the LocalServes App Platform.

n. “Merchant Products” ” includes all products offered to Customers to view, purchase, pick-up at the Merchant’s location, dine-in, or curbside at Merchant Stores.

o. “Merchant Stores” means the Merchant store locations that participate in the LocalServes App Services and includes: (i) Merchant Stores owned and operated by Merchant or its affiliates, and/or (ii) Merchant Stores owned and operated by Franchisees of Merchant or its affiliates.

p. “Marketplace Term”means the term of the agreement between LocalServes App and Merchant for the LocalServes App Platform.

q. “Menu”means Merchant Products list through the LocalServes App Platform that allows Customers to publicly view the items and/or search for specific items of Merchants and place an order for Merchant Products via the LocalServes App Platform for pickup by the Customer.

r. “Order” means a transaction initiated by the Customer in form of a pickup order, a dine-in order, or curbside order as applicable.

s. “Order Device” ” means and includes any device reasonably required for Merchants to use the LocalServes App to manage their account, profile, items, reports, receive and process Orders, etc. including, without limitation, an iPhone, Android phone or Android tablet.

t. “Order Types”means all order types for Merchant Products through the LocalServes App Platform - pickup, dine in, curbside.

u. “Personal Information”shall mean any information exchanged under this Agreement that (i) identifies or can be used to identify a Merchant (including without limitation, names, telephone numbers, addresses, signatures, email addresses or other unique identifiers); or (ii) that can reasonably be used to authenticate an Merchant (including without limitation, name, contact information, precise location information, access credentials, persistent identifiers and any information that may be considered ‘personal data’ or ‘personal information’ under applicable law).

v. “Order Fulfillment”means products in the order must be served to the Customer as described on the Merchant’s Storefront on the LocalServes App within 1 hour or as agreed within compliance of the LocalServes App’s terms and conditions.w. “Merchant Storefront” (Marketplace) means the products listed on the Merchant’s profile page within the LocalServes App platform that showcases items being sold by the Merchant.

x. “Third Party Platform”means a technology interface, such as a middleware payment gateway technology platform that enables the Merchant to receive orders, manage orders, receive payments, and cancel orders.

2. The Merchants Relationship with LocalServes App (3rd Parties' Relationship)

LocalServes App provides the LocalServes App Storefront a mobile-based technology that connects Merchants and Customers, as described in these Terms for LocalServes App Platform. From time to time, LocalServes App may list Merchant on the LocalServes App as a Featured Item without any written or verbal notification to the Merchant. LocalServes App is not a merchant, seller of goods, or delivery of service. Merchant and LocalServes App agree they are independent businesses whose relationship is governed by the Sign-up Form, these Terms, and any applicable terms between the Parties. Nothing in the Parties' agreements, relationship or transactions shall create or be construed as creating an agency, partnership, fiduciary or joint venture relationship between LocalServes App and Merchant (or Merchant's employees, representatives or locations), LocalServes App and Customers. Except as expressly set forth in the Sign-up Form, these Terms, and any applicable terms between the Parties, each Party shall be responsible for its own expenses, profits and losses. The Merchant is fully responsible for any abuse, misrepresentation, wrongful dissemination of fraudulent or misleading information, misuse, knowingly or unknowingly serving products that may inflict or cause financial or physical harm to patrons, can result in the Merchant’s account being permanently terminated at the sole discretion of the LocalServes App Team. The Merchant acknowledges and agrees that the LocalServes App, its partners, and its 3rd party affiliates, cannot and will not be held liable for the abuse of terms.

3. LocalServes App Marketplace Core Responsibilities.

For Merchants that have agreed to participate in the LocalServes App Marketplace, LocalServes App and Merchant shall have the following responsibilities during the Marketplace Term:

a LocalServes App Core Responsibilities. LocalServes App will, in a timely manner:

1 Display Merchant’s logo; a listing of the Merchant Stores/Profile page; and a menu of Merchant Products on the LocalServes App Platform;

2 Allow the acceptance of Marketplace Orders from Customers upon the Merchant successfully completing the Merchant Account setup, verification, and the Merchant Account has been approved to sell by the LocalServes App;

3 Forward each Marketplace Order details to the relevant Merchant Store upon completion of payment by the customer; and

4 Pay the Merchant in accord with the Parties' agreements, deduct the applicable Technology Fee and any other fees (in each case, as may be adjusted by LocalServes App as required by any applicable statute, regulation, executive order, or other legal requirement that is either temporary or permanent in nature).

b Merchant Core Responsibilities. Merchant will:

1 Accurately provide the store information as required on the registration and profile sign-up form on the LocalServes App Platform

2 Add and manage the products listed on the Merchant’s menu on the LocalServes App Platform including the items’ details as required by the item upload form. All uploaded products require images that accurately show the item being described.

3 Manage their Storefront on the LocalServes app by enabling/disabling the ability to sell items on the LocalServes App platform under the Merchant Portal.

4 In order to sell items, the Merchant must provide accurate banking details, government issued tax identification, and other required information needed to complete the Merchant Selling Form and connect with Stripe.

5 Upon submitting the requested information, the Approval of the LocalServes App is required in order for the Merchant to enable/disable the selling option on the LocalServes App.

6 Monitor Merchant’s menu and store information on the LocalServes App Platform, promptly make updates via the Profile and Merchant Portals to reflect the most up-to-date products, pricing, location, and other information.

7 Accept all Marketplace Orders placed on the LocalServes App from Merchant’s current menu.

8 Confirm all Marketplace Orders from LocalServes App and immediately begin to prepare the Merchant Products for each Marketplace Order for the Customer to pick-up at the Merchant’s location, dine-in, or curbside in a timely manner; Merchants are required to comply with all local and state laws with regards to selling or serving Customers which may include acceptable verification of identity and age in accordance with the city and state regulations prior to handing over items to Customers. Merchants must verify that all Customers meet the legal age requirements for orders containing products with age restrictions prior to fulfilling the order. This is the Merchants sole responsibility, and the LocalServes App is not responsible and cannot be held liable or accountable for any non-compliance of all sales, including but not limited to, excessive consumption, illegal consumption

9 Manage the accuracy and completeness of all business information and products associated with the Merchant’s Storefront on the LocalServes App. Any errors or omissions are the sole responsibility of the Merchant to correct. In the case where an order is placed by the Customer where the Merchant may have intentionally or unintentionally made errors or omitted information, the order should be fulfilled as ordered unless there is a mutual agreed resolution between the customer and the Merchant

10 Manage the accuracy and completeness of its days and hours of operation, and remain open for business on LocalServes App the same days and hours of operation as Merchant’s in-store business; Update any changes to the Merchant’s hours of operations including holidays, natural disasters, equipment failure, power outages, limited staff, relocation, emergency closures, changes to standard hours of operation or plans to close earlier than Merchant’s standard hours of operation;

12 Notify all Merchant store staff members of the relationship with LocalServes App immediately upon execution of this Agreement;

13 Provide the same utensils, napkins, bags and other materials that Merchant would typically provide in a standard order.

14 On an ongoing basis, review and confirm the transactions, fees and charges on orders via the Orders Report, and promptly communicate to LocalServes App any inaccuracies; and

15 If LocalServes App collects and passes tips from Customers to Merchant, Merchant will distribute such tips in accordance with applicable law, including but not limited to tip pooling laws.

4. Refunds and Re-Orders.

Refunds and re-orders will be addressed as follows:

a Storefront Order Refunds.

The Merchant is responsible for fulfilling (completing) or cancelling all orders placed by a customer to their Merchant storefront using the LocalServes App. Customers cannot complete or cancel an order.

LocalServes reserves the right to mark an order as completed or cancelled. If marked complete, the appropriate funds minus all applicable fees will be directed to the Merchants’ account. If marked cancelled, the order will be cancelled, and the full order amount will be returned to the customer. For cancelled orders, Stripe fees are deducted from the Merchant’s Account. In the event the Merchant does not have enough funds to cover the Stripe fees, Stripe might initiate recovery practices to collect the owed fees until the balance is paid in full. In the event of a negative balance for a connected Merchant account, LocalServes App is not responsible for paying the fee(s) owed to Stripe and reserves the rights to terminate the relationship with the Merchant for non-compliance without any notification. In the event that LocalServes App, in its sole reasonable discretion, has to issue a refund due to cancellation of a Customer’s Order, the Merchant will bear the full cost of that refund.

b. All Order Type Refunds

LocalServes App is responsible for customer support issues relating to the software used to order Merchant Products relating to a Customer’s LocalServes App account. All othercustomer issues or complaints will be Merchant’s sole responsibility. Merchant agrees not to refer any Customer complaints directly to LocalServes App. If Merchant elects to refund a Customer for any reason, such election shall not obligate LocalServes App to provide a corresponding reimbursement to Merchant.

c Completed Orders

Once an order is marked ‘Complete’ either by the Merchant or the LocalServes App Admin, it can no longer be cancelled within the LocalServes App Platform and the refund must be handled outside of the LocalServes App between the Merchant and the Customer at the point of sale system or any other system owned by the Merchant to manually issue refunds.

5. Order Device.

With respect to the LocalServes App Platform, Merchant will use any up-to-date device(s) reasonably required to install the LocalServes App from the Apple Store and Google Play Store which allows the Merchant to manage their business information and menus and receive and process Orders, including, without limitation, an iPhone, Android phone or Android tablet. It is the responsibility of the Merchant to check for updates for the LocalServes App to ensure the latest version of the app is installed on the device being used to service its clients using the LocalServes App. For any issues regarding the LocalServes App where the platform is not performing as intended due to software glitches, bugs, account access, or other software related malfunctions, reach out to support at

Support@localservesapp.com.

6. Payment, Fees, and Taxes.

Payment, fees, and taxes shall be addressed as follows:

a LocalServes App Marketplace/Storefront.

As set forth on the Merchant Account Form, in exchange for the Merchant’s right to access, manage selling functionality, receive, process, and accept Orders. LocalServes App will transfer funds to Merchants for all order types that are marked as completed by the Merchant on a rolling 2-5 day period, subject to change with no less than 10 days’ notice to Merchants by email or service notification with the exception of the initial payment which can take up to 10 days to receive as noted by our 3rd party (Stripe). LocalServes App shall be entitled to deduct from such payments LocalServes App’s Technology Fee and any other fees which LocalServes App. Merchant agrees that the LocalServes App may charge the Customer fees, including but not limited to a Technology Fee and other fees where applicable in LocalServes App's sole discretion. Merchant shall be responsible for all taxes, duties, and other governmental charges on the sale of Merchant Products and for remitting such taxes, duties, and other governmental charges to the appropriate authorities, both local, state, and other jurisdictions. The Merchant is responsible for identifying and entering the correct taxamounts to be collected at checkout on the LocalServes App. All applicable taxes will be transferred to the Merchant’s account post deduction of applicable Technology fees and other fees.

b. LocalServes does not provide advice to Merchants regarding governing laws on taxes. It is the sole responsibility of the Merchant to ensure the taxable amount is input correctly for their city, state, jurisdiction. The LocalServes App is relinquished from all responsibilities regarding tax issues, arbitrations, and all legal proceedings arising from tax avoidance, improper taxation, miscalculation, and all other tax related responsibilities.

7. Payment Processing.

Payment processing services for Merchants on the LocalServes App Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By agreeing to these Terms, Merchant agrees to be bound by the Stripe Connected Account Agreement and the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of LocalServes App enabling payment processing services through Stripe, Merchant agrees to provide LocalServes App accurate and complete information about Merchant’s representative and its business, and Merchant authorizes LocalServes App to share it and transaction information related to Merchant’s use of the payment processing services provided by Stripe. Upon account creation, Merchant shall be solely responsible for the accuracy and integrity of the information associated with their Stripe account(s). LocalServes App will not be responsible for making additional payments to Merchants due to missing or inaccurate information. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. For more information about Stripe, visit www.Stripe.com.

8. Merchant Content and Trademark; Photographs of Menu Items.

a. For the duration of an active Business Profile and Merchant Account, the Merchant agrees and grants to LocalServes App a royalty-free, non-exclusive, limited, revocable, non-transferable, non-sublicensable right and license to use and display the Merchant Content in the provision of services to Merchant, including listing Merchant as a merchant on the LocalServes App Platform, referencing Merchant as a LocalServes App partner, and promoting LocalServes App’s products and services. As used herein, “Merchant Content” includes, without limitation, menus, photographs (either provided by Merchant or on Merchant’s website), business information and Merchant Product descriptions (either provided by Merchant or on Merchant’s website), trademarks, logos, Merchant name, and other materials provided by Merchant to LocalServes App.

The picture quality of all products and items uploaded to a Merchant’s storefront on the LocalServes App must meet specific professional standards of quality identified by the

LocalServes App’s terms and conditions. The photographs must accurately depict the business’ information, logos, and items being sold by the Merchant. Uploaded images must be owned by the Merchant or possess the legal rights to use the party’s logos, trademarks, trade names, menu items, documentation, or other intellectual property (collectively, “Materials”).

If photographs uploaded by the Merchant is in violation of the terms, as reasonably determined by LocalServes App Team, then the LocalServes App may disable the item(s), request the Merchant to update their image and/or information in accordance with our Terms, or in some cases, the LocalServes App reserves the right to disable the account for non-compliance at any time.

Merchant consents to LocalServes App, at the LocalServes App discretion, to (i) engage a professional photographer to take photographs of Merchant’s menu items or other products, (ii) enhance the quality of the Merchant’s existing photographs, (iii) using stock photographs of the menu item or other products, or (iv) using photographs from Merchant’s website or social media channels, and displaying such photographs on the LocalServes App Platform as representations of Merchant’s menu items; provided that Merchant may contact LocalServes App support to have such photographs removed from the Merchant’s store listing and, in such event, LocalServes App will comply in a timely manner

9. Confidential Information.

a The term “Confidential Information” shall mean any confidential or proprietary business, technical or financial information or materials of a party (“Disclosing Party”) provided to the other party (“Receiving Party”) in connection with this Agreement, whether orally or in physical form, and shall include the terms of this Agreement. Without limiting the foregoing, LocalServes App Data is the Confidential Information of LocalServes App.

b Confidential Information does not include information that: (i) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information's being disclosed to the Receiving Party in connection with this Agreement; (ii) was or becomes public domain other than by the fault of the Receiving Party; (iii) was or is received by the Receiving Party on a non-confidential basis from a third party that, to the Receiving Party's knowledge, was not at the time under any obligation to maintain its confidentiality; or (iv) the Receiving Party can demonstrate by documentary records was independently developed by the Receiving Party without access to, use of or reference to any Confidential Information.

c The Receiving Party shall: (i) not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations in accordance with this Agreement; (ii) except subject to its compliance with Section 9, not disclose or permitaccess to Confidential Information other than to its or any of its employees, officers, directors, consultants, agents, independent contractors, service providers, subcontractors and legal advisors (“Representatives”) who need to know such Confidential Information for purposes of the Receiving Party's exercise of its rights or performance of its obligations under and in accordance with this Agreement, and prior to any such disclosure are bound by written confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Section; and (iii) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its most/similarly sensitive information and in no event less than a reasonable degree of care.

d If the Receiving Party is compelled by applicable Law to disclose any Confidential Information then, to the extent permitted by applicable Law, the Receiving Party shall promptly notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights under Section 9(c) and provide reasonable assistance to the Disclosing Party, at the Disclosing Party's sole expense, in opposing or seeking protective limitations on disclosure.

10. Data Privacy and Security.

a. General.

Merchant agrees not to access, collect, store, retain, transfer, use, disclose, or otherwise process in any manner LocalServes App Data, including without limitation Personal Information, except as required to perform under this Agreement. Merchant shall keep LocalServes App Data secure from unauthorized access and maintain the accuracy and integrity of LocalServes App Data in Merchant’s custody or control by using appropriate organizational, physical and technical safeguards. If Merchant becomes aware of any unauthorized access to LocalServes App Data, Merchant will immediately notify LocalServes App, consult and cooperate with investigations and potentially required notices, and provide any information reasonably requested by LocalServes App. Merchant agrees to implement and use security procedures, protocols or access credentials as reasonably requested by LocalServes App and will be responsible for damages resulting from Merchant’s failure to comply. Merchant will not allow any third party to use the LocalServes App Platform and will be responsible for damages resulting from sharing Merchant’s login credentials with unauthorized third parties or otherwise permitting unauthorized access to Merchant’s account. Merchants may not allow any third party to copy, modify, rent, lease, sell, distribute, reverse engineer, or otherwise attempt to gain access to the source code of the LocalServes App Platform; damage, destroservices provided through the LocalServes App Platform; transmit injurious code; or bypass or breach any security protection on the LocalServes App Platform.

b. Security The LocalServes App grants to Merchants a non-exclusive, royalty-free, non-assignable, non-transferable, non-sublicensable, revocable, limited, access the LocalServes App solely to transmit business and product information publicly to other users of the LocalServes App.

Merchant will not permit or authorize any third party to (i) sell, license, rent, resell, lease, assign (except as permitted herein), transfer, or otherwise commercially exploit the LocalServes App; (ii) circumvent or disable any security or other technological features or measures of, or otherwise gain or attempt to gain unauthorized access to the LocalServes App; (iii) reverse engineer, dissemble, decompile, or otherwise attempt to derive the source code or the underlying ideas, algorithms, structure, or organization of the LocalServes App; (iv) use the LocalServes App in any manner or for any purpose that violates any law or regulation; and (v) use the LocalServes App for a reason other than as specifically provided or intended under this Agreement. Each Party agrees not to perform any action with the intent of introducing to the other Party’s systems, products, or services (including the LocalServes App) any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature.

c. Merchants are responsible for the safe-keeping of their username and passwords which allows access into their Merchant account on the LocalServes App. The Merchant is fully responsible for any abuse, misrepresentation, wrongful dissemination of fraudulent or misleading information, misuse, knowingly or unknowingly serving products that may inflict or cause financial or physical harm to patrons, can result in the Merchant’s account being permanently terminated at the sole discretion of the LocalServes App Team. The Merchant acknowledges and agrees that the LocalServes App, its partners, and its 3rd party affiliates, cannot and will not be held liable for the abuse of terms.

d. Merchant acknowledges that the operation of the Platform may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and LocalServes App shall not be responsible to Merchant or others for any such interruptions, errors, or problems or an outright discontinuance of the Platform nor for any guarantee of results with respect to the LocalServes App services or Platform. Both Parties acknowledge that neither party has any expectation or has received any assurances for future business or that any investment by a party will be recovered or recouped or that such party will obtain any anticipated amount of profits by virtue of this Agreement.

11. Termination.

a. Termination of Merchant accounts may occur for various reasons which may include, but not limited to the following:

1 The LocalServes App may terminate this Agreement or any promotion under this Agreement for any reason at any time without any prior notice.

2 If the Merchant is no longer operational or will no longer be in operation at a known date shall send an email to admin@localservesapp.com to notify the LocalServes App Team about the intent to terminate their Merchant account on the LocalServes App.

3 Should a Merchant choose to terminate this Agreement for any reason at any time, the Merchant shall send an email to admin@localservesapp.com to notify the LocalServes App Team about the intent to terminate their Merchant account on the LocalServes App.

b.Neither Merchant nor the LocalServes App will be required to pay any fee in connection with a termination by either party, or be liable to the other as a result of termination of this Agreement for any damages, for the loss of goodwill, prospective profits or anticipated income, or for any expenditures, investments, leases or commitments made by either Merchant or LocalServes App.

c.In the event of a termination for any reason, the Merchant is still responsible for any fees owed to a 3rd party and must pay the complete balance within 14 days of terminating this agreement.

d.The Merchant is responsible for all outstanding orders by fulfilling the order in a timely manner as agreed to in accordance to the terms and conditions of the LocalServes App or a full refund must be submitted to the Customer(s) immediately, prior to account and agreement termination.

12. Modifications.

LocalServes App reserves the right, at its sole discretion, to change, suspend, or discontinue the Platform (including without limitation, the availability of any feature or content) at any time. LocalServes App may, at its sole discretion, remove Merchant Products or Stores from the LocalServes App Platform if LocalServes App determines that such Merchant Product or Merchant Store could subject LocalServes App or its Customers to undue regulatory risk, health and safety risk, or other liability. LocalServes App may, at its sole discretion, remove any Merchant virtual brand concept from the LocalServes App Platform if LocalServes App determines that such virtual brand concept does not meet and maintain certain eligibility requirements as communicated by LocalServes App. LocalServes App also may revise these Terms from time to time. The Merchant is responsible for reviewing the policies, terms and conditions regularly to ensure they are knowledgeable about the changes. The changes will not be retroactive, and the most current version of the terms will be included in the app and on the LocalServes App website at http://localservesapp.com/terms-conditions.php. We will notify Merchants of material revisions via a service notification or an email to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

13. Representations and Warranties; Additional Responsibilities; Warranty Disclaimer.

a. Each party represents and warrants that it has the full right, power, and authority to enter into and perform its obligations under this Agreement without breaching any obligation to any third party.

Each party represents and warrants that it will comply with all applicable laws and regulations in its performance of this Agreement, including without limitation (i) all applicable data protection and privacy laws, and (ii) all applicable laws related to third party intellectual property and other proprietary rights.

b. Merchant further represents, warrants and agrees that (i) it will comply with all applicable laws, rules, standards and regulations relating to licenses, health (including Proposition 65 in California), food packaging and accessory items (including but not limited to food ware, plasticware, and other disposable restaurant supplies), and food safety and sanitation, (ii) it has updated the LocalServes App to include any required consumer-facing warnings, charges, opt-in requirements, and instructions associated with Merchant Product(s) and it will inform LocalServes App of any such warnings, charges, opt-ins, and instructions that become required in the future, (iii) it will disclose common allergens in any Merchant’s menu items listed on the LocalServes App Platform, (iv) it will only list edible menu items or products for sale, product descriptions, and prices on the LocalServes App Platform, (v) should a Merchant sell any age-restricted products (including but not limited to alcohol) in Merchant’s menus on the LocalServes App Platform or request of any age-restricted products through the LocalServes App Platform requires the Merchant to comply with all laws of the applicable state in which such products will be sold. Merchants are required to comply with all local and state laws with regards to selling or serving patrons. Merchants must verify that all Customers meet the legal requirements for orders containing products with age restrictions prior to fulfilling the order. This is the Merchants sole responsibility and the LocalServes App is not responsible and cannot be held accountable for any non-compliance of age restricted sales. (vi) it will not disclose any information related to a Customer to a third party (except as required to comply with law or pursuant to a court order), (vii) it will comply with the guidelines LocalServes App publishes that govern any content Merchant posts on the LocalServes App Platform.

c. Any products that contain illegal drugs or tobacco are not allowed on the LocalServes app. Any Merchant caught in violation will be promptly removed and banned from use of the LocalServes App.

14. Indemnification.

Each party (the “Indemnifying Party”) will defend, indemnify, and hold harmless the other party, its subsidiaries and affiliates, and their respective officers, directors, shareholders, employees, and agents (the “Indemnified Party”) from and against any and all claims, damages, losses and expenses (including reasonable attorney’s fees) (collectively “Losses”) with respect to any third-party claims arising out of or related to: (i) any bodily injury (including death) or damage to tangible or real property to the extent caused by the Indemnifying Party’s personnel and, in the case of LocalServes App, Dashers (or, in the case of Merchant as the Indemnifying Party, caused by the Merchant Products); (ii) any claims that the Indemnifying Party breached its representations, warranties or covenants set forth in Section 9 and Section 10, and Section 13 of this Agreement; (iii) the violation of the intellectual property of the third party by the Indemnifying Party’s logos, trademarks, trade names, menus, documentation, or other intellectual property (collectively, “Materials”); or (iv) in the case of Merchant as the Indemnifying Party, Merchant’s failure to distribute tips as required by applicable law. In addition, Merchant will defend, indemnify and hold harmless LocalServes App from any and all Losses related to any violation or alleged violation of any applicable retail food or other health and safety code, rule, or regulation related to Merchant Product(s), except to the extent such Losses were caused directly by the gross negligence or willful misconduct of LocalServes App. In each case the Indemnified Party shall provide the Indemnifying Party with (a) prompt notice of any claims such that the Indemnifying Party is not prejudiced by any delay of such notification, (b) the option to assume sole control over defense and settlement of any claim, and (c) reasonable assistance in connection with such defense and settlement (at the Indemnifying Party’s expense). The Indemnified Party may participate in the defense or settlement of such a claim with counsel of its own choice and at its own expense; however, the Indemnifying Party shall not enter into any settlement agreement that imposes any obligation on the Indemnified Party without the Indemnified Party’s express prior written consent. LocalServes App assumes no liability, and shall have no liability, for any infringement claim pursuant to section 13 above based on Merchant’s access to and/or use of the LocalServes App Platform following notice of such an infringement claim; any unauthorized modification of the LocalServes App Platform by Merchant; or Merchant’s combination of the LocalServes App Platform with third-party programs, services, data, hardware, or other materials which otherwise would not result in such infringement claim.

15. Limitation of Liability.

Except with respect to damages arising from violations of law or willful misconduct, unpaid amounts owed to LocalServes App by merchant in excess of the below limit, and amounts payable to third parties under section 14 (indemnification), to the extent permitted by applicable law, (i) neither party will be liable to the other under this agreement, for indirect, special, punitive, or consequential damages, or for lost profits, lost revenues, harm to goodwill, or the costs for procuring replacement services, whether based on tort, contract or any other legal theory, and whether or not such party has been advised of the possibility of such damages, and (ii) each party’s maximum aggregate liabilities related to or in connection with this agreement shall not exceed the total amount paid or payable by one party to the other party in the twelve (12) month period immediately preceding the incident giving rise to the liability. The foregoing disclaimer shall not apply to the extent prohibited by law.

16. Insurance.

During the term of the Agreement and for one year after, the Merchant will maintain adequate insurance in amounts not less than as required by law or that is common practice in such party’s business. Upon request, the Merchant party will provide the LocalServes App with current evidence of coverage. Such insurance shall not be cancelled or materially reduced without thirty (30) days’ prior written notice. In no event shall the limits of any insurance policy be considered as limiting the liability of a party under this Agreement.

17. Dispute Resolution.

Please read the following section carefully. It requires you to arbitrate disputes with LocalServes app and limits the manner in which you can seek relief. This Section 17 of this agreement shall be referred to as the “ARBITRATION AGREEMENT”.

a. Scope of Arbitration Agreement.Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, or the relationship between the parties and their personnel (collectively “Disputes”) shall be finally 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 LocalServes App may seek injunctive relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). LocalServes App and Merchant agree that, because both are business entities that mutually benefit from streamlined and confidential resolution, this Arbitration Agreement shall apply to all Disputes and shall be binding upon and enforceable by not only the parties, but also their affiliates, subsidiaries, and their respective owners, officers, directors, managers and employees. 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 LOCALSERVES APP—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 LOCALSERVES APP, 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 LOCALSERVES APP 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 LocalServes App agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and LocalServes App therefore agree that, before either you or LocalServes App 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 LocalServes App that you intend to initiate an informal dispute resolution conference, email admin@localservesapp.com, providing your name, telephone number associated with your LocalServes App account (if any), the email address associated with your LocalServes App 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.This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. If for whatever reason the rules and procedures of the Federal Arbitration Act 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 19(b). If this notice is being sent to LocalServes App, it must be sent by email to the counsel who represented LocalServes App in the informal dispute resolution process, or if there was no such counsel then by mail to General Counsel, at 303 2nd Street, South Tower, Suite 800, San Francisco, CA 94107. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement, but in the event of a conflict between the two, the provisions of this Arbitration Agreement shall supersede any and all conflicting arbitration administrator’s rules or procedures. 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.

d. Arbitration Appeal.If the arbitration award includes any injunction or a monetary award that exceeds $100,000, then either party shall have the right to appeal that award to an arbitration appellate panel. The notice of appeal must be served, in writing, on the opposing party within fourteen (14) days after the award has become final.

e. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable, except with respect to the Waiver of Class or Consolidated Actions, the enforceability of which can only be determined by a court. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court or arbitration administrator. The arbitration will decide the rights and liabilities, if any, of you and LocalServes App. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and LocalServes App subject to Section 17.

f. Waiver of Jury Trial.YOU AND LOCALSERVES APP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and LocalServes App are instead electing to have all Disputes resolved by arbitration, except as specified in Section 17 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

g. Waiver of Class or Consolidated Actions; Severability.YOU AND LOCALSERVES APP AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE MERCHANT CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class, consolidated, and representative actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor LocalServes App is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 18, after the conclusion of the arbitration of any arbitrable claims, and all other provisions of this Section 17 (Dispute Resolution) shall remain in force. The parties also waive the right to bring any claims for public injunctive relief. If, however, this waiver of public injunctive relief claims is deemed invalid or unenforceable with respect to a particular claim or dispute, then all such claims and disputes will then be resolved in arbitration. Notwithstanding any other provision in this Agreement, any claim that all or part of this Waiver of Class or Consolidated Actions is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If any provision of this Section 17 is adjudged to be void or otherwise unenforceable, in whole or in part, the void or unenforceable provision shall be severed and such adjudication shall not affect the validity of the remainder of this Section 17. Nothing in this provision shall prevent you or LocalServes App from participating in a class-wide, collective, or representative settlement of claims.

h. Fees and Costs.Any finding that a claim or counterclaim violates the standards set forth in Federal Rules shall entitle the other party to recover their attorneys’ fees, costs, and expenses associated with defending against the claim or counterclaim. If a party timely serves an offer of judgment or a state or local equivalent, if applicable, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made.

i. Opt Out.LocalServes App’s updates to these Terms of Service do not provide a new opportunity to opt out of the Arbitration Agreement if you had previously agreed to a version of LocalServes App’s Terms of Service and did not validly opt out of arbitration. LocalServes App will continue to honor the valid opt outs of merchants who validly opted out of the Arbitration Agreement in a prior version of the Terms of Service. If you create a LocalServes App account for the first time on or after August 1, 2023, you may opt out of this Arbitration Agreement. If you do so, neither you nor LocalServes App can force the other to arbitrate as a result of this Agreement. To opt out, you must notify LocalServes App in writing of your intention to opt out by sending a letter, by First Class Mail, to LocalServes App, LLC., 2403 FM 529, Suite 240, #45, Cypress, TX 77433. Any attempt to opt out by email will be ineffective. To be effective, your opt-out notice must be postmarked no later than 30 days after you first enter into an agreement with LocalServes App. Your notice must include your name and address, your LocalServes App username (if any), the email address you used to set up your LocalServes App account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. The letter may opt out, at most, only one merchant, and letters that purport to opt out multiple merchants will not be effective as to any. No merchant (or his or her agent or representative) may effectuate an opt out on behalf of other persons. 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 us or may enter into in the future with us.

j. Survival. This Arbitration Agreement will survive any termination of your relationship with LocalServes App.

k. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if LocalServes App makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to LocalServes App.

18. Litigation Class Action Waiver

To the extent allowed by applicable law, separate and apart from the Arbitration Agreement found in Section 17, Merchant agrees that any proceeding to litigate in court any dispute arising out of or relating to this Agreement, whether because Merchant opted out of the Arbitration Agreement or any other reason, will be conducted solely on an individual basis, and Merchant agrees not to seek to have any controversy, claim or dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which Merchant acts or proposes to act in a representative capacity (“Litigation Class Action Waiver”). Merchant further agrees that no proceeding will be joined, consolidated, or combined with another proceeding, without the prior written consent of all parties to any such proceeding. If a court of competent jurisdiction determines that all or part of this Litigation Class Action Waiver is unenforceable, unconscionable, void or voidable, the remainder of this Agreement shall remain in full force and effect.

19. Franchisees.

Franchisees operating a branded restaurant or store concept licensed by Merchant may create an account and is able to commit to the terms and conditions of this Agreement provided to the owner, individual, or franchisee: (1) is in compliance and in good standing with its franchise agreement; and (2) enters into an agreement in substantially the same form unless the parties mutually agree otherwise in writing, all Merchant owned branded restaurant(s) and store concept(s) shall be included and subject to the terms hereunder.

20. Communications from LocalServes App.

Merchant agrees to accept and receive communications from LocalServes App or 3rd parties (i.e. Stripe), including via email, text message, calls, in app notifications, and push notifications to the cellular telephone number the Merchant provides to LocalServes App. Merchant acknowledges that Merchant may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of LocalServes App or its affiliated companies. Merchant may opt out of such communications by providing written correspondence sent to admin@localservesapp.com.

21. Attorneys’ Fees.

In any legal action to enforce the terms of this Agreement, LocalServes App shall be entitled to recover its reasonable attorneys’ fees and costs from the other party. Merchant shall be responsible for their own attorney fees and costs associated with a legal action to enforce the terms of this agreement.

22. General Provisions.

As set forth on the Sign-up Form, the Merchant Policy, and the Terms and Agreements between Merchant and LocalServes App, constitutes an integrated binding Agreement between the parties, which supersedes all prior agreements and communications of the parties, oral or written, with respect to the subject matter hereof. The rights and obligations set forth in these Terms, which by their nature should, or by their express terms do, survive or extend beyond the termination or expiration of these Terms shall so survive and extend. This Agreement is governed by and interpreted in accordance with the laws of the State of Texas without regard to the conflicts of laws principles thereof. Merchant agrees that, except as set forth above in Section 17 (“Dispute Resolution”), the parties hereby consent to exclusive jurisdiction in the courts of the Merchant’s location. Merchant may not assign this Agreement in whole or in part without LocalServes App’s prior written consent. LocalServes App may freely assign this Agreement. This Agreement is binding upon, and inures to the benefit of, the employees, representatives, agents, affiliates, franchisors, franchisees, and permitted successors and assigns of each party, but shall not confer any rights or remedies upon any third party. All notices, requests, consents and other communications under the Parties' agreements must be in writing and delivered by overnight courier to the addresses set forth on the Sign-up Form (or any updated address properly noticed hereunder). LocalServes App’s address is 20403 FM 529, Suite 240, #45, Cypress, TX 77433. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained here.

LocalServes App

Cypress, TX 77443, U.S.A.

The Merchant Policy for the LocalServes App was last updated on August 1, 2023