Terms and Conditions

By accepting this agreement, by (1) clicking a box indicating acceptance or (2) executing an order form or addendum that references these terms, the Merchant agrees to the terms of this Agreement.

If the individual accepting this Agreement is accepting on behalf of a company or other legal entity, such individual represents that they have the authority to bind such entity and its affiliates to these terms, in which case the term “Merchant” shall refer to such entity and its affiliates. If the individual accepting this Agreement does not have such authority or does not agree with these Terms and Conditions, such individual must not accept this Agreement and may not use the services.

Electronic Signature and Consent

By accepting this Agreement electronically, the Merchant acknowledges and agrees that their electronic acceptance constitutes a legally binding agreement, equivalent to a written and signed contract.

Acknowledgment of Compliance with Laws

The Merchant further represents that they will comply with all applicable local, state, and federal laws, regulations, and industry standards governing their business operations, including but not limited to data protection, food safety, and consumer protection laws.

Indemnification Clause

The Merchant agrees to indemnify and hold harmless BlazeBite from any claims, liabilities, damages, or expenses (including legal fees) arising from any misrepresentation of authority, failure to comply with applicable laws, or unauthorized use of the services.

Right to Audit & Verification

BlazeBite reserves the right to request documentation verifying the Merchant’s authority to enter into this Agreement. BlazeBite may immediately terminate the Agreement without liability if any misrepresentation is identified.

Agreement between User and Avayla Solutions, LLC

This Terms of Service applies to BlazeBite, Deliver2Donate, and Avayla Solutions, LLC. For this Terms of Service, unless otherwise noted, all references to Avayla Solutions, LLC include www.deliver2donate.org, www.blazebite.com, and all related mobile sites and mobile applications (collectively known as the “Sites”). As used in this statement, “BlazeBite,” “Deliver2Donate,” “we,” “us,” and “our” shall mean Avayla Solutions, LLC.

The usage of the Sites is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Sites constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

BlazeBite Services

BlazeBite provides an online and mobile platform that allows users to order menu items directly from their mobile devices for their favorite restaurant. Users have access to multiple menus in cities throughout the United States. BlazeBite is neither a restaurant nor a food preparation company.

Restaurants that appear on the Sites are independently owned and operated and have entered agreements with us to provide food and service. BlazeBite is not responsible for the safety, preparation, or quality of the food that is prepared by these restaurants.

Additionally:

• BlazeBite does not control, supervise, or verify restaurant operations. All food safety, preparation, ingredient accuracy, storage, and compliance with applicable health codes are solely the responsibility of the restaurant.
• Allergen and dietary information provided by restaurants is their sole responsibility. Users with food allergies, dietary restrictions, or specific ingredient concerns should contact the restaurant directly before placing an order.
• BlazeBite does not guarantee the availability of any menu item listed on the Sites. Menus are managed by restaurants and may change without notice.
• BlazeBite does not take ownership, possession, or physical control of food or beverage items at any time. The responsibility for order fulfillment, correct preparation, packaging, and handling rests entirely with the restaurant.
• BlazeBite is not liable for foodborne illnesses, allergic reactions, misrepresentations of menu items, or food-related incidents. Users acknowledge that BlazeBite acts solely as a technology provider facilitating transactions between users and restaurants.
• Refunds, disputes, or issues related to incorrect or unsatisfactory food orders must be addressed directly with the restaurant.
• By using BlazeBite, users acknowledge and assume all risks associated with ordering food from third-party restaurants. BlazeBite disclaims any liability arising from food-related incidents, delivery issues, or misrepresentations by restaurants.

Items and Services

BlazeBite makes available certain proprietary technology services that facilitate the marketing, sale, and fulfillment of orders for food, beverages, and other products from the Merchant to the Customers, including on-demand lead generation, payment processing, marketing, advertising, and promotional services, proprietary information services, onboarding, operational, and other support services.

Additionally:

• BlazeBite does not produce, store, or distribute any Items. All Items are offered and fulfilled solely by the respective Merchant, who is responsible for compliance with all applicable laws and regulations.
• BlazeBite does not assume liability for order accuracy, product availability, or the Merchants’ compliance with industry standards. All concerns related to missing, incorrect, or unsatisfactory Items must be addressed directly with the Merchant.
• BlazeBite does not provide product warranties or guarantees. Any guarantees or representations regarding Items, including quality, portion size, pricing, or descriptions, are the sole responsibility of the Merchant.
• BlazeBite reserves the right to remove or restrict the availability of any Items. If an Item is found to violate applicable laws, health regulations, or platform policies, BlazeBite may take immediate corrective action without prior notice.

If the Merchant is eligible to offer the sale and fulfillment of alcoholic beverages through specified Sales Channels in designated U.S. states (“Alcohol Items”), the Merchant’s sale of Alcohol Items via BlazeBite shall be subject to the terms outlined in this Agreement.

• Merchants are solely responsible for ensuring that Alcohol Items are sold and delivered in compliance with federal, state, and local laws. This includes but is not limited to verifying customer age and identity at the time of delivery or pickup.
• BlazeBite does not handle, store, or transport Alcohol Items. Any liability or legal violations related to Alcohol Items are the sole responsibility of the Merchant.
• BlazeBite reserves the right to restrict or suspend the sale of Alcohol Items at its discretion.

Availability of Items

Merchants will make Items available for purchase through BlazeBite (“Available Items”) during its normal business hours and ensure the Available Items menu is accurate. Merchants will prepare, handle, store, label, and package all Items in accordance with applicable laws and regulations, including, without limitation, all laws, rules, and regulations governing time or temperature controls required for food safety (“Food Safety Standards”) and, if applicable, all applicable laws, rules, and regulations for the handling and labeling of Alcohol Items (“Alcohol Safety Standards”).

The merchant will determine any quality, portion, size, ingredient, or other criteria that apply to Items (“Criteria”) and the Merchant is responsible for ensuring that all Items meet the applicable Criteria. If the Merchant fails to prepare or supply Items in accordance with Food or Alcohol Safety Standards or if any Item fails to meet the Criteria (each, a “Substandard Item”), BlazeBite may, in its sole discretion, remove such Item from the BlazeBite site.

Additionally:

• BlazeBite reserves the right to temporarily or permanently suspend a Merchant’s access to the platform if the Merchant is found to have repeated violations of Food Safety Standards, Alcohol Safety Standards, or Criteria requirements.
• Merchants are solely responsible for maintaining the accuracy of their menus, including pricing, availability, and descriptions.
• Merchants must promptly update their Available Items menu to reflect real-time availability.
• Merchants must comply with all truth-in-menu laws and food labeling regulations.
• Merchants shall not misrepresent food, beverage, or alcohol content. All descriptions must be truthful and comply with applicable consumer protection laws.

Item Responsibility

The merchant acknowledges and agrees that BlazeBite takes no title to any Item at any time. Notwithstanding, the merchant shall be responsible for any reimbursement costs related to Customer refunds for Substandard Items or other related issues within the Merchant’s control, including, by way of example, missing or incomplete Items, Items not cooked thoroughly, and Items not prepared in accordance with the Merchant’s internal standards. BlazeBite may, in its sole discretion, deduct reimbursement costs from the payment BlazeBite remits to the Merchant.

Additionally:

• Merchants shall be solely responsible for compliance with all applicable food safety, consumer protection, and fair trade laws in the sale and provision of Items.
• BlazeBite does not mediate disputes between Customers and Merchants regarding food quality or order issues.
• Merchants must maintain proper records of all transactions and food safety compliance measures.
• BlazeBite reserves the right to withhold payments or take corrective action if a Merchant is found to have repeated incidents of Substandard Items.

Devices

If BlazeBite supplies a tablet or other mobile device (“Device”) to the Merchant to use in connection with the availability of Items via the BlazeBite app, the Merchant agrees that: (i) Device(s) may only be used for the purpose of accepting orders via the BlazeBite App, and (ii) Device(s) may not be transferred, loaned, sold, or otherwise provided in any manner to any third party.

Device(s) will always remain the property of BlazeBite, and upon expiration or termination of the Agreement, or the extended absence of all the Merchant’s location(s) from the BlazeBite App for longer than three hundred sixty-five (365) days, the Merchant will return all applicable Device(s) to BlazeBite within ten (10) days.

Additionally:

• Merchants are responsible for maintaining the security and functionality of all Device(s). Any unauthorized use, tampering, or modification of the Device(s) is strictly prohibited.
• Merchants shall not install unauthorized software, applications, or configurations on the Device(s).
• Merchants agree to notify BlazeBite immediately in the event of Device loss, theft, or malfunction.
• The loss or theft of a Device, the failure to timely return a Device, or any damage to a Device outside of normal wear and tear may result in a fee (“Damage Fee”).
• BlazeBite reserves the right to audit, update, or replace Device(s) at its discretion.

Gratuities

For the sale of Items, BlazeBite allows Customers to provide gratuities at their sole discretion through the BlazeBite site. Merchants may customize the gratuity options displayed to Customers via the BlazeBite platform, but gratuities remain entirely optional.

Additionally:

• Voluntary Nature: Merchants acknowledge that all gratuities are voluntary and provided at the sole discretion of the Customer.
• Merchant Responsibility: BlazeBite shall remit to the Merchant the full value of any gratuities provided by Customers. The Merchant is solely responsible for distributing gratuities among employees, contractors, or staff in compliance with applicable wage, tax, and employment laws.
• Tax Obligations: Merchants are responsible for all tax obligations related to gratuities, including reporting, withholding, and remitting any required taxes.
• Legal Compliance: In jurisdictions where specific gratuity laws apply, the Merchant is solely responsible for ensuring compliance with local, state, and federal regulations.
• Liability: BlazeBite shall not be liable for any claims or disputes related to gratuity distribution, withholding, or taxation.

Fees; Calculation

For each Item sold by the Merchant via BlazeBite, the Merchant will pay BlazeBite as follows: the Retail Price of all Items that the Merchant sells via the BlazeBite site (excluding any Sales Tax collected on the Merchant’s behalf) multiplied by the applicable fee percentage for the Sales Channel used to sell each such Item (“Fee”). The Fee does not include any applicable taxes or other fees. BlazeBite will remit to the Merchant the total Retail Price collected for all Items the Merchant sells via the BlazeBite site (including any Sales Tax and other fees collected on its behalf) less:

(a) the applicable retained Fee; and

(b) any refunds given to Customers (such final remitted amount being “Item Revenue”).

All Item Revenue that is duly owed to the Merchant will be remitted within fourteen (14) business days of the sale of the Item. Subject to the foregoing, BlazeBite will typically make such payments on a weekly basis.

Types of Fees

The total amount collected will be charged applicable fees based on the plan selected by the Merchant or the type of organization (e.g., for-profit or non-profit). The applicable fee percentage will be confirmed on the checkout screen when the Merchant signs up.

This is a monthly or annual fee charged to the Merchant by BlazeBite. This is the only fee BlazeBite directly charges to the Merchant. However, the Merchant remains responsible for credit card processing fees through Stripe. Currently, Stripe charges 2.9% + $0.30 per transaction, and this fee will also be explained on the checkout screen.

BlazeBite does not pay taxes on behalf of the Merchant. The Merchant is responsible for calling out applicable taxes and remitting those taxes to local tax authorities.

Additionally:

• All fee information will be available and explained at the checkout screen when the Merchant signs up with BlazeBite.
• BlazeBite reserves the right to delay or withhold payments if discrepancies or disputes arise.
• Merchants are responsible for maintaining accurate bank and payment information.
• Merchants must promptly address any payment discrepancies by notifying BlazeBite in writing within thirty (30) days.
• BlazeBite may retain a portion of Item Revenue to cover refunds, chargebacks, or pending disputes.
• Any changes to the Fee structure will be communicated to the Merchant in advance.

Retail Prices; Taxes; Other Fees

The Merchant is responsible for determining and setting the retail price for each Item to be made available for sale via the BlazeBite site (the “Retail Price”). As the Merchant of Record, the Merchant is the “retailer” or “seller” of all Items and is solely responsible for the collection and remittance of all applicable Sales Taxes and other fees.

Merchant is solely responsible for determining all applicable Sales Tax and other fees and identifying and informing BlazeBite of the appropriate Sales Tax and other fee amount for BlazeBite to charge Customers on Merchant’s behalf for Items available on the BlazeBite site.

Additionally:

• Merchants must ensure that all tax determinations, rates, and calculations provided to BlazeBite are accurate and comply with applicable federal, state, and local tax laws.
• BlazeBite is not responsible for monitoring changes to tax laws or regulations that may affect Merchant’s obligations.
• Merchants agree to indemnify and hold BlazeBite harmless for any liability, penalties, or losses arising from inaccurate tax information provided by the Merchant.

Marketplace Facilitator Obligations

Certain legislation applying to state-administered sales taxes, commonly known as “marketplace facilitator” laws, may require BlazeBite to collect and remit Sales Taxes directly to the taxing authority. In jurisdictions with Marketplace Facilitator laws in effect, BlazeBite may determine the amount of applicable Sales Tax which BlazeBite will collect and remit to the taxing authority based on Item descriptions provided by the Merchant.

Appointment of Limited Payment Collection Agent

Merchants are solely responsible for providing BlazeBite with, and maintaining, accurate bank account information. The Merchant hereby appoints BlazeBite as the Merchant’s limited payment collection agent solely for the purpose of:

(i) accepting payment of the Retail Price of Items sold by the Merchant via the BlazeBite site plus any applicable Sales Tax and other fees collected on the Merchant’s behalf; and

(ii) remitting the Retail Price plus Sales Tax and any other fees collected on the Merchant’s behalf less the retained Fee and, if applicable, any refunds given to Customers on behalf of the Merchant (“Item Revenue”).

Further, the Merchant agrees that payment collected on its behalf by BlazeBite will be considered the same as payment made directly to the Merchant.

Additionally:

• Merchants must immediately notify BlazeBite of any changes to banking or payment information.
• BlazeBite may place a temporary hold on payments if discrepancies or compliance concerns arise.
• BlazeBite reserves the right to comply with applicable anti-money laundering (AML) and “know your customer” (KYC) regulations.
• The Merchant agrees to dispute any adjustments within thirty (30) days of notification through the BlazeBite platform.

Reporting

BlazeBite may provide the Merchant with aggregate information regarding the number of Items sold by the Merchant to Customers pursuant to an Agreement. BlazeBite will also provide reasonable information regarding any refunds given to Customers, including the date of the transaction, the Item ordered, the reason for the refund, and any other information BlazeBite is permitted to provide under applicable privacy laws and terms to Customers.

Additionally:

• The Merchant agrees to treat all reporting data as confidential and use it solely for business operations related to the Agreement.
• BlazeBite may modify the format, timing, or content of reporting to comply with applicable laws and industry standards.
• Any sharing of data with a Merchant’s parent company or Franchisor will comply with applicable data privacy regulations.

Privacy

Your use of the Sites is subject to BlazeBite’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Sites or sending emails to BlazeBite constitutes electronic communications. You consent to receive communications from BlazeBite electronically. This includes communications via email or postings on the Sites. You agree that all agreements, notices, disclosures, and other communications that BlazeBite provides electronically—whether by email or through the Sites—are considered to be “in writing” and satisfy any legal requirements for written communication.

Additionally:

• You are responsible for maintaining accurate and up-to-date contact information to ensure receipt of electronic communications.
• You may withdraw your consent to receive electronic communications at any time by contacting BlazeBite, though doing so may affect your access to certain features of the Sites.
• Electronic signatures, where applicable, are legally binding under relevant electronic transaction laws, including the E-SIGN Act and the Uniform Electronic Transactions Act (UETA).

Your Account

If you use the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity.

Additionally:

• You agree to provide and maintain accurate, current, and complete information for your account.
• You are responsible for immediately notifying BlazeBite if you suspect unauthorized access or a data breach.
• You agree to use strong, secure passwords and update them periodically.
• BlazeBite may require additional identity verification measures for account recovery or security-related requests.

Children Under Thirteen

BlazeBite does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Sites only with the permission of a parent or guardian.

BlazeBite complies with the Children’s Online Privacy Protection Act (COPPA). If BlazeBite becomes aware that personal information has been collected from a person under thirteen without parental consent, such information will be deleted promptly from our records.

Links to Third-Party Sites/Third-Party Services

The Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BlazeBite, and BlazeBite is not responsible for the contents of any Linked Site. BlazeBite is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BlazeBite of the site or any association with its operators.

BlazeBite disclaims any liability for damages, losses, or security risks associated with visiting Linked Sites. Users access Linked Sites at their own risk and should review the privacy policies and terms of service of those sites.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites strictly in accordance with these Terms of Use. As a condition of your use of the Sites, you warrant to BlazeBite that you will not use the Sites for anything that is unlawful or prohibited by these Terms.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of BlazeBite or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. BlazeBite content is not for resale.

Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material.
• Upload files that contain viruses, corrupted files, or any similar software that may damage the operation of another’s computer.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Harvest or otherwise collect information about others without their consent.
• Violate any applicable laws or regulations.

Materials Provided to the Sites

BlazeBite does not claim ownership of the materials you provide to the Sites (including feedback and suggestions) or post, upload, input, or submit to any BlazeBite Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting BlazeBite, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses.

No compensation will be paid with respect to the use of your Submission. BlazeBite is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BlazeBite’s sole discretion.

Third-Party Accounts

You will be able to connect your BlazeBite account to third-party accounts. By connecting your BlazeBite account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.