Terms of Use

These Terms of Use ("Terms") govern your access to and use of the EatFree website, mobile application, and related services (collectively, the "Service"), operated by EatFree Inc ("EatFree," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. About EatFree

EatFree is a discovery and informational platform designed to help users explore restaurants and menu items based on dietary preferences and allergen considerations. EatFree does not verify allergen information and does not provide medical, dietary, or health advice.

2. Eligibility

You must be at least 13 years old to access or use the Service. By accessing or using EatFree, you represent and warrant that you meet this age requirement and that your use of the Service complies with all applicable laws and regulations. EatFree does not knowingly collect personal information from children under the age of 13.

3. Relationship to Other Agreements

Your use of the Service is also subject to:

• End User License Agreement (EULA) – governing use of the EatFree mobile application
• Privacy Policy – governing how we collect and use information

In the event of a conflict:

• Between these Terms and the EULA, the EULA governs with respect to mobile application use, and these Terms govern with respect to website and general Service use.
• Between these Terms and the Privacy Policy, these Terms govern with respect to use of the Service, and the Privacy Policy governs with respect to data collection and use.

4. User Accounts

You may use portions of the Service without creating an account. Certain features (such as saving favorites, commenting, or syncing preferences) require an account.

You agree to:

• Provide accurate information
• Maintain the security of your account
• Accept responsibility for activity under your account

EatFree may suspend or terminate accounts that violate these Terms or applicable laws.

5. Restaurant Listings & Allergen Information

Restaurants displayed on the Service may appear under different participation types:

• EatFree Certified Restaurants with Account – Restaurants that have completed EatFree's certification process and actively manage their menu and allergen information through their EatFree account. These restaurants are responsible for maintaining the accuracy and completeness of their information.
• EatFree Certified Restaurants (Website-Based) – Restaurants that have completed EatFree's certification process and authorized EatFree to use allergen and menu information published on their website. EatFree collects and updates this information from the restaurant's public-facing sources.
• Non-Certified Listings – Restaurants for which EatFree has aggregated publicly available information from restaurant websites, menus, or other sources without a certification agreement. Such information may be incomplete, inaccurate, or outdated.

Certification does not involve payment and is based solely on the restaurant's voluntary participation. Regardless of participation type, certified restaurants may provide complete allergen data for all Top 9 allergens or may choose to provide data for only certain allergens or menu items.

Important acknowledgements:

• EatFree does not independently verify allergen, ingredient, or preparation information, including information provided by certified restaurants
• Menu items, ingredients, and preparation methods may change at any time
• Cross-contamination is always possible in restaurant environments
• Information displayed on the Service may be inaccurate, incomplete, or outdated

You are solely responsible for confirming allergen, ingredient, and preparation information directly with a restaurant before ordering or consuming food. You acknowledge that you do not rely on the Service as the sole basis for making dining, allergy-related, or health decisions.

6. No Medical or Dietary Advice

The Service is provided for informational purposes only. Nothing on EatFree constitutes medical, dietary, or health advice. Always consult qualified professionals regarding medical or dietary decisions.

7. User Content

You may submit content to the Service, including comments, saved items, and other materials ("User Content").

By submitting User Content, you represent and warrant that you own or otherwise have the necessary rights to submit such content and that the submission of your User Content does not violate any third-party rights or applicable laws.

By submitting User Content, you grant EatFree a non-exclusive, royalty-free, worldwide, sublicensable license to use, host, display, reproduce, modify (for formatting, technical, or operational purposes), distribute, and promote such User Content in connection with the Service.

EatFree is not obligated to use, display, or maintain any User Content and reserves the right to remove or restrict access to User Content at any time for any reason, including if it violates these Terms.

If you delete your account, EatFree will remove your publicly visible User Content within 30 days, except that EatFree may retain anonymized or aggregated data for analytics purposes and archival copies in backups.

8. Prohibited Conduct

You agree not to:

• Misuse the Service or interfere with its operation
• Scrape, copy, or harvest data without permission
• Reverse engineer or attempt to access underlying systems
• Post false, misleading, or harmful content
• Use the Service for unlawful purposes

9. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by EatFree. Such links are provided for convenience only.

EatFree does not endorse, control, or assume responsibility for the content, products, services, practices, or policies of any third party. Your interactions with third-party websites or services are solely between you and the applicable third party and are at your own risk.

10. Intellectual Property

All content, trademarks, logos, and software associated with EatFree are owned by EatFree or its licensors. You may not use them without prior written consent.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." EATFREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

To the fullest extent permitted by applicable law, EatFree and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Personal injury, allergic reactions, or health complications arising from reliance on information provided through the Service
• Inaccurate, incomplete, or outdated allergen or dietary information
• Lost profits, business interruption, or loss of data

In jurisdictions that do not allow the exclusion or limitation of certain damages, EatFree's total liability for any claim arising out of or relating to the Service shall not exceed the greater of (a) $100 or (b) the amount you paid to EatFree in the twelve (12) months preceding the event giving rise to the claim.

This limitation of liability applies regardless of the form of action, whether based in contract, tort, negligence, strict liability, or otherwise, and even if EatFree has been advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless EatFree, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your User Content

This indemnification does not apply to claims arising solely from EatFree's gross negligence or willful misconduct.

14. Termination

EatFree may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or if we discontinue the Service. You may stop using the Service at any time.

The following sections survive termination of these Terms: Sections 7 (User Content), 10 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Governing Law and Mandatory Arbitration).

15. Governing Law and Mandatory Arbitration

Governing Law

These Terms are governed by the laws of the State of Maryland, without regard to conflict of law principles.

Informal Dispute Resolution

Before initiating arbitration, either party agrees to first contact the other at [email protected] to attempt to resolve the dispute informally. The parties will attempt to resolve the dispute through good-faith negotiation for at least 30 days.

Mandatory Arbitration

If a dispute cannot be resolved through informal negotiation, you and EatFree agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved exclusively through binding arbitration, except as expressly provided below.

Arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in Maryland or another mutually agreed location and may be conducted in person, by video conference, or by telephone. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Exceptions to Arbitration

Either party may bring a lawsuit in court for:

• Claims for injunctive or equitable relief relating to intellectual property rights
• Small claims court disputes (if they qualify and remain in small claims court)

Class Action Waiver

YOU AND EATFREE AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You and EatFree agree that each may bring Disputes against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This class action waiver survives termination of these Terms.

Arbitration Fees

EatFree will pay all AAA filing, administration, and arbitrator fees for claims of $10,000 or less, unless the arbitrator finds the claims frivolous. For claims over $10,000, fees will be allocated according to AAA rules.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to EatFree at the address in Section 18 within 30 days of first accepting these Terms, whether through account creation or first use of the Service. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other terms still apply, but disputes will be resolved in the state or federal courts located in Maryland.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by:

• Posting a notice on the Service
• Sending an email to the address associated with your account (if you have one)

Material changes will take effect 30 days after notice is provided. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Service and may close your account.

17. Data Rights and Retention

If you have an account, you may export your saved preferences and favorites by contacting us at [email protected]. We will provide your data in a machine-readable format within 30 days of your request.

Upon account deletion, we will delete your personal information within 30 days, except as required for legal compliance, dispute resolution, or fraud prevention.

18. Contact Us

If you have questions about these Terms, contact us at: