TERMS OF SERVICE

Effective Date: September, 2024.               
boons, Inc. ("boons," "we" "us" or "our") is delighted to have you use our services and state of the art all-in-one platform. These Terms of Service ("Terms") govern your use of the boons website, marketplace, consumer app, delivery driver app, restaurant owner app, and related services ("Services"). 
1. Acceptance of Terms
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. if you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.                
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.     
 2. Eligibility
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.        
3. Service Description
boons is a technology platform (Services) for restaurants that enables them online to accept pickup and delivery orders. It helps consumers to interact directly with the restaurant through boons platforms. boons platform may be accessed by authorized users via mobile applications (the “Applications”), and web interfaces or websites (“Websites”). We also provide boons marketplace for consumers and restaurants. You can store your payment information, set your order and tip preferences, and view all of your past orders and receipts. boons do not have any control over the partner services offered outside the platform, restaurants operations, managers, drivers and/or operators. boons only provide a platform to obtain certain online services for restaurants and facilitate payment of those offered services.  
4. User Accounts
4.1 Account Registration
To access certain features of boons, such as placing or accepting orders, you must register for an account. You agree to:
- Provide accurate and complete information.
- Keep your account credentials secure.
- Update your account details as needed to keep them accurate.
4.2 Account ResponsibilityYou are responsible for all activities that occur under your account. You agree to immediately notify boons of any unauthorized use of your account or any other breach of security. boons will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account.
5. Orders and Transactions
5.1 Placing Orders
When placing an order through the boons consumer app or website, you agree to:
- Pay all applicable fees, taxes, and delivery charges.
- Provide accurate and complete payment and delivery information.
- Review all order details before confirming.
5.2 Cancellations and Refunds
boons allow users to cancel or modify orders under certain conditions. However, once an order is confirmed and payment is processed,
refunds may be subject to restaurant or driver policies.boons reserve the right to decline, cancel, or refund orders at its discretion in case of errors, suspected fraud, or other violations of these Terms.
6. Delivery and Driver Responsibilities
Delivery drivers using the boons app agree to:
- Ensure timely and accurate deliveries as per customer instructions.
- Comply with all local driving, safety, and employment laws.
- Use proper identification and provide proof of delivery when required.
boons is not responsible for delays or failures caused by factors outside of its control, such as traffic, weather, or third-party delays.
7. Restaurant Responsibilities
Restaurants using the boons platform agree to:
- Accurately represent their menus, pricing, and availability.
- Prepare and fulfill orders in a timely and safe manner.
- Comply with all applicable food safety and health regulations.
Restaurants are responsible for resolving any disputes related to their products or services directly with consumers.
8. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.As a user of the Site, you agree not to:Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.Use a buying agent or purchasing agent to make purchases on the Site.Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.Engage in unauthorized framing of or linking to the Site.Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.Make improper use of our support services or submit false reports of abuse or misconduct.Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.Attempt to impersonate another user or person or use the username of another user.Sell or otherwise transfer your profile.Use any information obtained from the Site in order to harass, abuse, or harm another person.Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.Delete the copyright or other proprietary rights notice from any Content.Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.Use the Site in a manner inconsistent with any applicable laws or regulations.Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.You must be at least 18 years of age to be eligible to purchase, cancel or modify any services available through boons.You must only use the boons websites to make legitimate reservations, purchases for you or for another person for whom you are legally authorized to act.
9. Intellectual Property
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein  (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
10. Privacy and Data Use
We care about data privacy and security. Please review our Privacy Policy: https://www.boons/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 
11. Limitation of Liability
To the fullest extent permitted by law, boons and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental,
special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to your use or inability to use the Services.
12. Disclaimersthe site is provided on an as-is and as-available basis. you agree that your use of the site and our services will be at your sole risk. to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non- infringement. we make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
13. Termination
boons reserves the right to terminate or suspend your account or access to the Services at its sole discretion, without prior notice,
for reasons including but not limited to:
- Breach of these Terms.
- Engagement in fraudulent or harmful activities.
- Non-payment of fees or charges.
Upon termination, your rights to use the Services will immediately cease, but these Terms will continue to apply in respect of any prior use of the Services.
14. Modifications to the Terms
boons reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
15. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the state of California, without regard to conflict of laws principles.
Any disputes arising from or relating to these Terms, or the use of the Services will be resolved through binding arbitration in California unless prohibited by law.
15.1 Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.  The arbitration be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Alameda County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Alameda County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
15.2 Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
15.3 Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
16. CorrectionsThere may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
17. Limitations of Liabilityin no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
18. IndemnificationYou agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, 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: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, 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.
19. User DataWe will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
20. Electronic Communications, Transactions, And Signaturesvisiting the site, sending us emails, and completing online forms constitute electronic communications. you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing. you hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
23. Contact Us
For any questions or concerns regarding these Terms or the Services, you may contact us at:boons Inc.5994 W Las Positas Blvd, Pleasanton, CA 94588
info@boons.io

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