This Agreement is made between Food Truck Eats, Inc., a corporation duly organized under the laws of the State of Florida, United States of America (hereinafter referred to as "Company"), and the User (hereinafter referred to as "User" or "You"), collectively referred to as the "Parties."

WHEREAS, the Company operates an online platform accessible through FoodTruckEats.com and its related mobile applications (collectively, the "Platform"), which facilitates the ordering of food from food trucks;

WHEREAS, the User desires to access and use the Platform either as a Food Truck Owner or as a Customer in accordance with the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements contained herein, the Parties agree as follows:

1. Acceptance and Compliance

1.1. By accessing or using the Platform, the User agrees to be bound by the terms and conditions of this Agreement, as may be amended by the Company from time to time.

• Access and Use Agreement: By accessing or using the Platform, the User is automatically agreeing to comply with and be bound by the terms and conditions outlined in this Agreement.

• Amendments by the Company: The Company reserves the right to amend the terms and conditions of this Agreement at any time. It is the User's responsibility to review the Agreement periodically for any such amendments.

• Continued Use as Acceptance: Continued access or use of the Platform after any amendments signifies the User's acceptance of the updated terms and conditions.

1.2. The User agrees to regularly review this Agreement for updates or changes. Continued use of the Platform after any such changes shall constitute the User's consent to such changes.

• Commitment to Review: The User commits to regularly reviewing this Agreement to stay informed of any updates or changes.

• Consent Through Continued Use: If the User continues to use the Platform following any updates or changes to the Agreement, this action constitutes the User's consent and acceptance of those changes.

2. Platform Use and Restrictions

2.1. The Company hereby grants the User a non-exclusive, non-transferable, revocable license to use the Platform strictly in accordance with this Agreement.

• Grant of License: The Company grants the User a non-exclusive, non-transferable, revocable license.

• Purpose of License: This license is for the use of the Platform.

• Conditions of Use: The use of the Platform must be in strict accordance with the terms and conditions outlined in this Agreement.

2.2. The Food Truck Eats Website ("the Website") is equipped with various communication facilities including, but not limited to, bulletin board services, chat areas, news groups, forums, communities, personal web pages, and calendars (hereafter referred to as "Communication Services"). These services are designed to enable Users to engage in communication either with the public at large or within specific groups. Users commit to utilizing these Communication Services exclusively for posting, sending, and receiving messages and materials that are appropriate and relevant to the specific Communication Service being used.

User Conduct Within Communication Services:

• In the course of utilizing the Communication Services, Users are bound by the following terms, aimed at ensuring respectful and lawful communication:

• Users shall refrain from engaging in any form of defamation, abuse, harassment, stalking, threatening, or any other behavior that infringes upon the legal rights of others, including but not limited to rights of privacy and publicity.

• The publication, posting, uploading, distribution, or dissemination of any content that is inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful is strictly prohibited.

• Users are forbidden from uploading files that infringe on intellectual property laws or privacy/publicity rights unless they possess or have obtained all necessary ownership rights and consents.

• It is prohibited to upload files containing viruses, corrupted files, or any other forms of malicious software that could potentially harm the operation of another individual's computer system.

• Advertising, selling, or buying goods or services for business purposes via the Communication Services is only permitted if such activities are explicitly allowed by the specific Communication Service in question.

• Users must not conduct, promote, or forward surveys, contests, pyramid schemes, or chain letters through the Communication Services.

• Downloading files posted by another user that cannot be legally distributed, or which the User knows, or reasonably should know, cannot be legally distributed, is prohibited.

• Users must not falsify or delete any author attributions, legal notices, or proprietary designations or labels related to the uploaded files.

• Restricting or inhibiting any other user from using and enjoying the Communication Services is against the terms of use.

• Violating any codes of conduct, guidelines, or other regulations applicable to any particular Communication Service is not permitted.

• Harvesting or otherwise collecting information about others, including email addresses, without their express consent, is prohibited.

• Users are obligated to comply with all applicable laws and regulations in their use of the Communication Services.

Enforcement and Remedies:

The Website reserves the right, without assuming the obligation, to review, monitor, and remove materials posted to the Communication Services at its sole discretion. Additionally, the Website may terminate or restrict access to the Communication Services for any User who violates these terms. This Article aims to promote a safe, respectful, and lawful environment for all Users of the Communication Services.

3. Billing and Payment

3.1. Convenience Fee: The Platform charges a convenience fee for each order placed, which is borne by the Customer. The Company reserves the right to modify the convenience fee at any time without prior notice.

• Imposition of Fee: The Platform imposes a convenience fee of $1.00 USD (one United States Dollar) for each order placed through the Platform, which is borne by the Customer. This fee is in addition to the price of the food order itself and any applicable taxes.

• Right to Modify Fee: The Company reserves the exclusive right to modify, adjust, or change the convenience fee amount at any time and without prior notice to either the Customer or the Food Truck Owner. Such modifications may reflect changes in market conditions, the cost of offering the Platform, or any other business consideration at the sole discretion of the Company.

• Transparency and Disclosure: The convenience fee will be clearly itemized and disclosed to the Customer during the order process, ensuring transparency and informed consent before the completion of any transaction through the Platform.

• Collection and Allocation: The convenience fee is collected directly by the Company as part of the transaction process. The fee is separate from and in addition to any payments made to Food Truck Owners for food orders. 

3.2. Payment Processing: The Food Truck Owner is responsible for any payment processing fees associated with the convenience fee. The exact amount of such fees will be communicated to the Food Truck Owner through the Platform.

3.3. Profit Sharing: The Company may offer profit-sharing opportunities under specific conditions. These conditions and the profit-sharing rate are subject to change at the discretion of the Company.

Food Truck Eats introduces a profit-sharing program designed to incentivize and reward food trucks or vendors ("Referrers") for referring other food trucks ("Referees") to join the platform. This program allows Referrers to earn a commission for every order placed with a Referee they successfully refer to Food Truck Eats.

Program Structure and Earnings:

• Commission Rate: Referrers will earn a commission of $0.20 for every order placed through the Food Truck Eats platform by a Referee they have referred.

• Daily Calculation: The commission is calculated on a daily basis, ensuring timely tracking of orders and earnings.

• Monthly Payment: Payments are disbursed on the 5th of each month, covering commissions earned in the previous calendar month.

• Payment Account Requirement: Referrers are required to set up a designated payment account on the Food Truck Eats platform to receive their commissions.

Conditions and Requirements:

• Eligibility: To participate in the profit-sharing program, Referrers must be active vendors on the Food Truck Eats platform and in good standing.

• Referral Verification: Referees must acknowledge their referral by the Referrer at the time of joining the platform for the Referrer to be eligible for commissions.

• Payment Account Setup: Referrers must set up their payment account before the last day of the calendar month to qualify for that month's commission payments.

• Forfeiture of Commissions: Failure to set up a payment account by the end-of-month deadline will result in the forfeiture of commissions for that month.

Changes and Modifications:

• Rate and Program Changes: Food Truck Eats reserves the right to change the commission rate, payment terms, and any other aspect of the profit-sharing program at its discretion.

• Notification of Changes: Referrers will be notified of any changes to the program through official communication channels provided by Food Truck Eats.

Disputes and Resolutions:

• Dispute Resolution: In case of disputes related to the profit-sharing program, Referrers should contact Food Truck Eats through the designated contact channels for resolution.

• Program Discrepancies: Food Truck Eats will investigate and resolve any discrepancies in commission calculations or payments in a timely manner.

Program Termination:

• Termination Rights: Food Truck Eats reserves the right to terminate the profit-sharing program at any time, with prior notice to participants.

• Effect of Termination: Upon termination of the program, no further commissions will be calculated or paid, but any earned commissions up to the point of termination will be disbursed in accordance with the payment schedule.

4. Data Management and User Obligations

4.1. The User agrees to provide accurate, current, and complete information as necessary for the use of the Platform and to maintain and promptly update this information to keep it accurate, current, and complete.

• Provision of Required Information: Users must supply all information required by the Platform for its proper functioning.

• Responsibility for Data Updates: Users are obligated to make timely updates to their information whenever changes occur to ensure ongoing accuracy.

• Verification of Information: Users should periodically verify their information on the Platform to ensure its correctness.

• Notification of Changes: Users must notify the Platform immediately if they discover inaccuracies or discrepancies in their provided information.

• Consequences of Inaccurate Information: Users acknowledge that providing inaccurate, outdated, or incomplete information may affect their use of the Platform and potential services offered.

• Cooperation with Data Requests: Users agree to cooperate with any requests by the Company for additional information or clarification needed for the operation or improvement of the Platform.

4.2. The Company reserves the right to manage and delete User data as necessary for the operation of the Platform.

5. Intellectual Property Rights

5.1. The User acknowledges that all intellectual property rights in the Platform and any content provided on the Platform remain the property of the Company or its licensors.

• Acknowledgment of Ownership: The User recognizes that all intellectual property rights associated with the Platform and its content are owned by the Company or its licensors.

• Protection of Intellectual Property: Users must respect the intellectual property rights of the Company, refraining from any actions that would infringe upon these rights.

• Prohibition of Unauthorized Use: Users are prohibited from copying, distributing, or creating derivative works of the Platform content without explicit permission from the Company.

• Recognition of Company's Rights: Users understand that the use of the Platform does not grant them any ownership or rights to the intellectual property contained within the Platform.

• Compliance with Intellectual Property Laws: Users agree to comply with all applicable intellectual property laws in relation to their use of the Platform and its content.

6. Termination and Access Restriction

The Company reserves the right to terminate this Agreement and the User's access to the Platform at any time and for any reason without notice.

• Unilateral Termination Rights: The Company unilaterally reserves the right to terminate this Agreement and/or the User's access to the Platform, underscoring the asymmetrical power dynamic in favor of the Company.

• Indeterminate Reasons for Termination: Termination can be instigated by a diverse array of reasons or motivations, not limited to user misconduct or contractual breaches, indicating the Company's broad discretion in enforcing this provision.

• Absence of Prior Notice: The Company is not obligated to provide prior notice to Users before terminating the Agreement or access, highlighting a lack of procedural safeguards for Users regarding termination.

• Lack of Appeal Process: There is no mention of an appeal or review process for Users whose access has been terminated, suggesting an absence of recourse or remediation for affected Users.

• Potential for Immediate Disruption: The provision allows for immediate termination, potentially disrupting User access to the Platform without warning, which could affect Users' reliance on the service for business or personal use.

• No Requirement for Explanation: The Company is not required to provide an explanation or justification for the termination, leaving Users without clarity on the cause of action.

• Implications for User Content and Data: The termination clause does not specify the handling or fate of User data or content post-termination, raising questions about data retention and privacy.

• Broad Discretionary Power: This clause exemplifies the Company's broad discretionary power over the Platform's user base, emphasizing the unilateral nature of the service provision and management.

• User Preparedness for Sudden Change: Users are implicitly advised to be prepared for sudden changes in their access status, underscoring the importance of maintaining backups of important data or information stored on the Platform.

• Operational Flexibility for the Company: This provision grants the Company significant operational flexibility, allowing it to modify its user base and enforce its policies without the constraint of lengthy notice periods or detailed explanations.

7. Disclaimer of Warranties and Limitation of Liability

7.1. The Platform is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied.

7.2. The Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of or inability to use the Platform.

• "As Is" and "As Available" Provision: The Platform is offered to Users without any guarantees, on an "as is" and "as available" basis, indicating that Users accept the service with all its imperfections and without warranty.

• Express Disclaimer of Warranties: The Company explicitly rejects all warranties, both express and implied, which includes but is not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.

• No Guarantee of Uninterrupted Service: This clause implies that the Company does not guarantee continuous, uninterrupted, or secure access to the Platform, reflecting the potential for disruptions and technical issues.

• Exclusion of Liability for Damages: The Company is not responsible for any form of damages, be they direct, indirect, incidental, special, consequential, or punitive, that may arise from using or the inability to use the Platform.

• Broad Scope of Non-liability: The scope of non-liability includes, but is not limited to, damages for loss of profits, data, goodwill, and other intangible losses, even if the Company has been advised of the possibility of such damages.

• Absence of Remedial Recourse: Users have no entitlement to compensation or remedial action for any failure, malfunction, or dissatisfaction associated with the Platform, underscoring the risk assumed by Users in using the service.

• Understanding of Assumed Risk: By agreeing to these terms, Users acknowledge and accept the inherent risks involved in using an online platform that may not fully meet their expectations or requirements.

• Comprehensive Limitation Clause: This comprehensive disclaimer and limitation of liability serve to protect the Company from legal claims and financial liabilities related to the use of the Platform, emphasizing the User's responsibility to bear the risk.

8. Indemnification

The User agrees to indemnify and hold the Company harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's use of the Platform, violation of this Agreement, or infringement by the User of any intellectual property or other rights of any person or entity.

• User's Agreement to Indemnify: Users agree to indemnify, or compensate, the Company for any losses, damages, or costs arising from their actions on the Platform.

• Protection Against Third-Party Claims: This includes protecting the Company against claims or demands made by any third party that are related to the User's activities on the Platform.

• Coverage of Legal Expenses: Users are responsible for covering reasonable attorneys' fees incurred by the Company in defending against such claims.

• Responsibility for Platform Use: The indemnity applies to issues arising out of the User's use of the Platform, indicating that Users must use the Platform responsibly and in accordance with the Agreement.

• Violation of the Agreement: Users who violate the terms of this Agreement are specifically required to indemnify the Company against any resulting claims or legal actions.

• Intellectual Property Infringement: Users must also indemnify the Company if they infringe on the intellectual property or other rights of any person or entity, underscoring the importance of respecting legal rights while using the Platform.

• Comprehensive Indemnity: The indemnification clause is broad, covering a wide range of potential legal and financial liabilities that the Company might face due to the User's actions.

• Proactive Risk Management: This clause encourages Users to act in a legally compliant manner, knowing they are financially responsible for the consequences of their actions.

• Financial and Legal Shield for the Company: Indemnification provides a financial and legal shield for the Company, ensuring it remains protected from costs associated with the User's breach of the Agreement or wrongful acts.

9. Governing Law and Jurisdiction

This Agreement, including but not limited to its formation, execution, validity, and any claims, controversies, disputes, or differences arising out of or in connection with this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, United States of America, excluding its conflict of laws rules to the extent such rules would apply the law of another jurisdiction.

The Parties to this Agreement irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in or serving the State of Florida, United States of America, in connection with any action or litigation arising out of or related to this Agreement or the transactions it contemplates. This consent extends to any and all disputes, claims, or controversies directly or indirectly arising from or related to this Agreement, including those involving the Company's affiliates, successors, and assigns.

The Parties explicitly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, should it be otherwise applicable.

The Parties further agree that any litigation arising out of or related to this Agreement shall be filed and prosecuted exclusively in the aforementioned courts, and they irrevocably waive any objection to such jurisdiction or venue, including any objection based on a purportedly more convenient forum.

Furthermore, the Parties agree that the provisions of this Article shall survive the termination or expiration of this Agreement, ensuring the resolution of disputes under the agreed-upon legal framework. The prevailing party in any such litigation shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.

This Section is a fundamental part of the basis of the bargain between the Parties and reflects a reasonable allocation of risk.

10. Entire Agreement

This Agreement embodies the full and complete understanding and agreement between the User ("Party One") and Food Truck Eats, Inc. ("Party Two"), collectively referred to herein as the "Parties," concerning the subject matter hereof. It supersedes, cancels, and nullifies all prior or contemporaneous agreements, understandings, negotiations, representations, communications, and proposals, whether written or oral, between the Parties regarding the use of the Food Truck Eats, Inc. platform and any and all related services and content.

The Parties acknowledge that, in entering into this Agreement, neither relies on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this Agreement. Furthermore, the Parties agree that all representations, understandings, agreements, or warranties among them that are not expressly included in this Agreement shall have no effect and are hereby expressly excluded to the fullest extent permitted by law.

This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

The provisions of this section shall survive the termination or expiration of this Agreement, ensuring the integrity of the Parties' agreement as the definitive compilation of their understanding and commitments regarding the subject matter.

11. Contact Information

For any inquiries or concerns regarding this Agreement, the User may contact the Company at info@FoodTruckEats.com.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the User's acceptance by using the Platform.

This detailed version aims to provide a clear understanding of the terms under which the Platform is offered to Users, encompassing rights, obligations, billing practices, and the legal framework governing the relationship between Food Truck Eats, Inc. and its Users.