1. OUR SERVICES ibeeutiful provides Services to restaurants which allows you to order meals and beverages from restaurants and restaurants to manage orders through contactless solutions.  Our Services connects you with restaurants for your order, while we do not prepare your orders. The restaurants operate independently and have entered into agreements with us to provide the food and delivery services available to you via our Services. Restaurants is solely responsible for preparing your orders, food safety, and compliance with all law and regulations relating to food services and restaurant operations. Restaurants’ use of our Services is subject to our terms and condition which require, among other, compliance with federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure. However, we do not verify restaurants’ ingredients, menus, or representations regarding its food or food preparation, or its compliance with all laws and regulations for every order placed through our Services.  You are advised to contact the restaurant directly should you have any food allergens or questions about your order with the restaurants.  By using the Services, you agree that ibeeutiful shall not be responsible for the restaurants’ food preparation or safety and does not verify any restaurant’s compliance with applicable laws. Please note that our Services integrated with Google Maps and the Google Maps API. By using our Services, you also agree to be bound to the Google Maps APIs Terms of Service found here: https://developers.google.com/maps/terms-20180207#3-privacy-and-personal-information.

2. YOUR ACCOUNT Use of the Services to order requires that you register and/or create an account (“Account”). To register and create an Account, you must create a username and password and provide certain personal information. You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of this Agreement. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with this provision or for any acts or omissions by you or someone else using your Account and/or password. In addition, if you login through your social media account(s), you understand that content that you have provided to and stored in your social media account may become available to us and consent to us having this information. By placing an order through our Services, you consent to us collecting your personal information and keeping it for as long as we deem necessary.

3. CONSENT TO COMMUNICATIONS We may communicate with you regarding your use of our Services or delivery of orders. By using our Services, you consent to receiving communications from ibeeutiful, including phone calls, faxes, emails, SMS and MMS text messages, messages through electronic apps or Services, and any other communications made by and on behalf ibeeutiful that may relate to our Services, your order, delivery of your order (if applicable), or this Agreement.

4. PROMOTION We may provide promotions and advertisements for the order(s) on behalf of the restaurants (collectively, “Promotions”). The provisions and terms and conditions of the Promotion are at our sole discretion. All rights with respect to the pricing, determination, application, adjustment, and modification of the Promotion are reserved by and rest with ibeeutiful.

5. PAYMENT You pay for order(s) placed through our Services. When you place an order, you agree that we may immediately charge your credit card, bank account or other financial account. You agree that all information you submit when you place an order will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, terminate, or refuse current or future use of our Services. Please be advised that your use of Google Pay is subject to the terms and conditions, including the privacy policies of Google. By using Google Pay, you hereby accept the Google Pay API Terms of Service found here: https://payments.developers.google.com/terms/sellertos.

6. USE OF AUTHORIZED THIRD-PARTY SERVICES We may use authorized third-party services for the purpose of facilitating payment and the completion of the delivery of your order. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. These third-party service providers are independent contractors who are not employed by us and use their service providers may be subject to their separate and independent terms and conditions.  We are not responsible for the services, acts, omissions, or representations of the third-party service providers.

7. INTELLECTUAL PROPERTY The Services and its original content, features and functionality are and will remain the exclusive property of ibeeutiful, and its licensors. The Services is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in this Agreement grants you any right, title, or interest in or to any intellectual property rights in or relating to, the Services, our content, or third-party materials, whether expressly, by implication, estoppel, or otherwise. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from our Services in any form or by any means whatsoever or use our trademarks, trade dress, or any other intellectual property in connection with any product or service without prior written permission from us.

8. YOUR OBLIGATIONS

By using our Services, you agree:

(i)comply will all applicable laws while using our Services;

(ii)not use our Services for any fraudulent purpose;

(iii)not engage in criminal or tortious activity while using our Services;

(iv)not to access the Services using a third-party’s account/registration without the express consent of the account holder;

(v)not to attempt, through any means, to gain unauthorized access to any part of the Services and/or any service, other account, computer system and/or network connected to our any server;

(vi)not use any automated means, data scraping, extraction, or other systematic data retrieval from our Services;

(vii)not make any unauthorized use of our Services;

(viii)not circumvent, disable, or otherwise interfere with the security of our Services;

(ix)not deep-link or frame our Services;

(x)not to conduct any kind of systematic retrieval of data or other content from the Services, or create or compile, directly or indirectly, any collection, compilation, database or directory from the Service content;

(xi)not interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to our Services;

(xii)not use our Services to purchase alcohol if under the age of 21;

(xiii)not use our Services to compete with us;

(xiv)not harass, annoy, intimidate, or threaten any of our employees or agents in connection with using our Services or services provided;

(xv)not make false or misleading statements about our Services;

(xvi)not to upload or transmit viruses or other harmful, disruptive or destructive files.

9. THIRD-PARTY WEBSITES Our Services may contain links to third-party websites or services that are not owned or controlled by ibeeutiful (“Third-party Websites”). We do not investigate, monitor, or verify the accuracy of the Third-party Websites. We have no control over and assumes no responsibility for the content, privacy policies, or practices of any Third-party Websites. You are advised to read the terms of service and privacy policies of any Third-party Websites that you visit.

YOU ACKNOWLEDGE AND AGREE THAT IBEEUTIFUL SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

10. TEMPORARY INTERRUPTIONS You understand and agree that temporary interruptions of our Service may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with our Service.

11. PCI DSS COMPLIANCE ibeeutiful is compliant and shall remain compliant with the Payment Card Industry (“PCI”) Data Security Standards (“DSS”) in effect from time to time to the extent we possess or otherwise store, process, or transmit your payment instrument data or other data subject to PCI obligations, and shall implement and maintain appropriate measures designed to meet the objectives of PCI DSS. We reserve the right to temporarily suspend access to the Services in order to minimize threats to the security and to protect operational stability and security of the Services. ibeeutiful does not guarantee the security of the Services and will not be responsible for any infiltration of its security systems so long as ibeeutiful has used commercially reasonable efforts to prevent such infiltration.

12. PRIVACY POLICY Please review our Privacy Policy located at: https://ibeeutiful.com/privacy-policy/. By using our Services, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement.

13. TERM AND TERMINATION This Agreement shall remain in full force and effect while you use our Services. We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

14. GOVERNING LAW AND JURISDICTION All disputes involving the subject matter of this Agreement, except actions arising under the patent and copyright provisions of the U.S. Code, shall be determined under the law of the State of California without regard to its conflict of laws provisions and instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angelas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. CLASS ACTION WAIVER YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR DISPUTE IN ANY ARBITRATION OR PROCEEDING SHALL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION, AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE OR CLAIM TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. REGARDLESS OF ANYTHING HEREIN, THE INTERPRETATION, APPLICABILITY OR ENFORCEABILITY OF THE CLASS ACTION WAIVER MAY ONLY BE DETERMINED BY A COURT.

16. DISCLAIMER OF WARRANTIES THESE SERVICES ARE PROVIDED BY IBEEUTIFUL ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER IBEEUTIFUL NOR ANY PERSON ASSOCIATED IBEEUTIFUL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER IBEEUTIFUL NOR ANYONE ASSOCIATED WITH IBEEUTIFUL REPRESENTS OR WARRANTS THAT THE SERVICE, THE CONTENT, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

IBEEUTIUFL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. LIMITATIONS OF LIABILITY IBEEUTIFUL WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OR INACCURACY OF DATA OF ANY KIND, REGARDLESS OF WHETHER MENUSIFU WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSRER OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES, OR $1,000. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

18. LIMITATION ON TIME TO FILE CLAIMS ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. INDEMNIFICATION You agree to defend, indemnify, and hold us and our officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of our Services, breach of this Agreement, or breach of your obligations under this Agreement. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. MISCELLANEOUS

Relationship. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of our Services.

Entire Agreement. This Agreement and any policies posted on our Services constitute the entire agreement between ibeeutiful and you with respect to your use of our Services, and supersedes all previous or contemporaneous agreements, whether written or oral.

Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Survival. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, intellectual property, warranty disclaimers, class action waiver, indemnity and limitations of liability, limitation on time to file claims.

Assignment. You may not assign this Agreement without ibeeutiful’s prior written approval. ibeeutiful may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ibeeutiful’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.