Terms of Service

1. Who we are; agreeing to these Terms

These Terms of Service (the Terms) are an agreement between you and Yumitos Corporation, a Delaware corporation with its registered address at 16192 Coastal Highway, Lewes, Delaware 19958-9776, USA (Yumitos, we, us). They govern your use of the Yumitos mobile application, the Yumitos websites, and every feature they offer (together, the Service). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility, minors, and parental consent

You must be at least 13 years old to use the Service.

If you are 13 to 17 years old, you may use the Service only with the consent of a parent or legal guardian. Where the law of your state requires it, including under app store accountability laws such as the Texas App Store Accountability Act and similar laws in Utah, Louisiana, Alabama, and California, your parent or guardian's consent is required before these Terms apply to you, and it may be given through the app store's parental consent mechanisms where the app store offers them, or to us directly at legal@yumitos.com. A parent or guardian who consents for a minor agrees to these Terms on the minor's behalf and is responsible for the minor's use of the Service. We do not knowingly enforce these Terms against a minor whose acceptance required parental consent that was not given.

3. Your account

You need an account for most of the Service. You agree to give us accurate information, keep it current, and keep your credentials confidential. You are responsible for activity on your account. Notify us at support@yumitos.com if you believe your account has been compromised.

4. What the Service is; where commerce is available

Yumitos is a food discovery platform: a feed and social features for sharing food experiences, curated routes, vendor pages, and ordering from participating food vendors.

Ordering and payments are available in the United States, Canada, and Mexico. In other markets where the app is offered, including elsewhere in Latin America, the Service is limited to discovery, routes, and social features, and no purchases can be made through the Service.

5. Orders, payments, and refunds

When you place an order, Yumitos Corporation is the merchant of record. Your payment is processed by Stripe and charged on the Yumitos platform account; vendors receive periodic transfers from Yumitos to their own Stripe accounts. Vendors never charge you directly. Prices, availability, and preparation are set by the vendor.

Yumitos Premium is a subscription sold only through the Yumitos website. It is never sold as an in-app purchase. You can cancel Premium at any time; when you cancel, the current billing period is prorated and the unused portion refunded.

Refunds for food orders are handled case by case between you, the vendor, and Yumitos support; contact support@yumitos.com.

6. Advertising and boosts

Vendors and brands can purchase advertising placements and boosts through Yumitos. All advertising and boost purchases are final and non-refundable. Purchasing a placement does not guarantee any particular level of engagement or sales.

7. Your content

You keep ownership of the photos, videos, posts, reviews, routes, and other content you share. You grant Yumitos a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, publish, and display that content for operating, promoting, and improving the Service. You are responsible for what you post: only share content you have the right to share, and do not post content that is unlawful, deceptive, harassing, or infringes someone else's rights. We may remove content that violates these Terms.

8. Acceptable use

• No breaking the law or helping anyone else break it.
• No accessing the Service by automated means, scraping, or reverse engineering.
• No interfering with the Service's operation or other people's use of it.
• No impersonation, fake accounts, or misrepresenting your affiliation.
• No fraudulent orders, manipulated reviews, or artificial engagement.

9. Vendors

Vendors are independent businesses, not employees or agents of Yumitos. Vendors are responsible for their listings, menus, pricing, preparation, food safety, and regulatory compliance. Vendor accounts are governed by these Terms and by any separate vendor agreement they enter with Yumitos.

10. Food safety and allergen information

Menu descriptions, ingredient lists, and allergen information are provided by vendors, and Yumitos does not independently verify them. If you have a food allergy or dietary restriction, confirm directly with the vendor before ordering. Our handling of the allergy and dietary information you choose to share with us is described in the Consumer Health Data Privacy Policy.

11. Intellectual property

The Service, including the Yumitos name, logo, apps, and design, is owned by Yumitos Corporation or its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the app and Service for personal, non-commercial use in accordance with these Terms.

12. Third-party services

The Service depends on third-party services, including payment processing, maps, media hosting, and sign-in providers. Their terms govern your use of their features, and we are not responsible for third-party services.

13. Disclaimers

The Service is provided as is and as available. To the fullest extent permitted by law, Yumitos disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that content, including vendor-provided menu and allergen information, is accurate or complete.

14. Limitation of liability

To the fullest extent permitted by law, Yumitos Corporation will not be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, data, or goodwill. Our total liability for all claims relating to the Service is limited to the greater of one hundred US dollars (US$100) or the amounts you paid Yumitos in the twelve months before the claim arose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

15. Indemnification

You agree to indemnify and hold Yumitos Corporation harmless from claims, damages, and expenses, including reasonable attorneys' fees, arising from your content, your use of the Service, or your violation of these Terms or of someone else's rights.

16. Termination

You can stop using the Service or delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination, including content licenses, disclaimers, liability limits, and dispute terms, survive.

17. Binding arbitration and class-action waiver

Please read this section carefully; it affects your rights. You and Yumitos agree to resolve any dispute arising out of these Terms or the Service through binding individual arbitration, rather than in court, except that (a) either party may bring an individual claim in small claims court, and (b) either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or unauthorized access to the Service.

Class-action waiver: disputes will be arbitrated only on an individual basis. Neither you nor Yumitos may participate in a class, consolidated, or representative action, and the arbitrator may not consolidate claims.

Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, available at adr.org. Fees will be allocated as those rules provide.

Opt-out: you may opt out of this arbitration agreement by emailing legal@yumitos.com within 30 days of first accepting these Terms, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

18. Governing law and venue

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules. Subject to the arbitration section, any court proceeding will be brought in the state or federal courts located in Mecklenburg County, North Carolina, and you consent to their jurisdiction. Yumitos Corporation is incorporated in Delaware, whose law governs our internal corporate affairs.

19. Changes to these Terms

We may update these Terms. If a change is material, we will give notice through the Service or by email before it takes effect. The version and effective date at the top of this page identify the text in force; continuing to use the Service after a change takes effect means you accept the updated Terms.

20. Contact

Legal: legal@yumitos.com · Support: support@yumitos.com · Partnerships: partners@yumitos.com · General: hello@yumitos.com

Yumitos Corporation, 16192 Coastal Highway, Lewes, Delaware 19958-9776, USA.