Terms of Use

DelivApp, Inc., a Delaware corporation (Delaware file number 6841506) ("DelivApp", "we", "our" or "us"), provides the DelivApp technology platform. The DelivApp platform, the "DelivApp" name and the related intellectual property are owned by GeoRest Ltd., an Israeli company affiliated with DelivApp ("GeoRest"), and DelivApp provides the Services under licence from GeoRest. These Terms of Use ("Terms") govern your use of the Services described below where these Terms are presented to you or otherwise validly apply. "You" means the individual using the relevant Service.

By accessing or using a Service to which these Terms apply, or by affirmatively accepting them where requested, you agree to these Terms. Our Privacy Policy describes our handling of personal information and is available at https://delivapp.com/privacy. Where applicable law requires a separate notice or consent, we will provide or obtain it separately.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE A SERVICE TO WHICH THEY APPLY. YOUR RIGHTS UNDER MANDATORY LAW ARE NOT AFFECTED.

1. The Services

DelivApp is an ordering and delivery management technology platform provided to restaurants, retailers, restaurant groups, delivery operators, marketplaces and other business customers (each a "Customer"). Depending on the context, the Services include:

• Courier app: our mobile application used by couriers and dispatchers to receive, manage and complete deliveries.
• Ordering channels: ordering websites, mobile apps, self-service kiosks and loyalty functions operated for Customers, including under their own names and brands. These channels may present only the applicable Customer’s terms of sale or use. Publication of these Terms on our Website does not by itself mean an end customer has accepted them.
• Tracking and feedback pages: web pages that show the status of a delivery and collect feedback on it.
• Website: delivapp.com.

The Services may include contact information, text, images, logos, icons, maps, data, documentation, designs, the "look and feel" of the Services, interfaces, algorithms, code and other features (the "Content").

The Services may send transactional or service notifications and, where legally permitted, promotional communications or content from DelivApp, the relevant Customer or third parties. You may manage push notifications in device settings, subject to essential service communications and applicable law.

Our apps may be available only for certain operating systems. You may use them only on a device running a validly licensed copy of the operating system they were designed for. You are responsible, at your own risk and expense, for the devices, software and Internet connection you need to use the Services, including any data charges of your network provider.

2. Who these Terms apply to

These Terms concern individuals accessing relevant DelivApp services. A Customer’s end users may also be subject to that Customer’s own terms. In particular, a white-label ordering channel commonly presents the Customer’s terms rather than DelivApp’s Terms; those Customer terms govern the purchase and related consumer relationship.

Owners, managers and personnel using the DelivApp back-office portal on behalf of a Customer are primarily governed by that Customer’s separate Business Terms of Service. These Terms apply to them only insofar as they use a Service to which these Terms validly apply.

DelivApp’s contractual service commitments and support obligations to each Customer are set out in its separate agreement with that Customer. Unless mandatory law provides otherwise, an individual user is not a third-party beneficiary of that business agreement. For help with orders or courier engagements, contact the relevant Customer; you may also write to support@delivapp.com.

3. Registration and account

Couriers. Couriers are currently invited or enrolled by a Customer and generally authenticate using their phone number and an SMS code. A courier may use one DelivApp Courier application to access separate accounts or workspaces of different Customers. Access to deliveries for each Customer requires that Customer’s authorisation. If self-registration becomes available, it will not entitle the courier to receive deliveries until an applicable Customer approves access.

End customers. Depending on the ordering channel, you may sign in using a phone number and one-time SMS code, Apple or Google sign-in, or check out as a guest. Available methods vary by Customer and channel.

For everyone:

• You must provide accurate and complete information, keep it up to date and not misrepresent your identity.
• You must keep your login details and devices confidential and supervise the use of your account. You are responsible for all activity that occurs under your account.
• You may not assign or transfer your account to anyone else without our prior written consent.
• You must notify us immediately at support@delivapp.com of any unauthorised use of your account or any other security breach.
• We are not liable for any loss or damage caused by your failure to comply with this section, including where someone else accesses your account using details obtained from you.

Account closure may make order history, saved addresses, available benefits or other features unavailable to you. Closure does not necessarily cause immediate deletion of all underlying records; personal information is handled in accordance with the Privacy Policy, the relevant Customer’s instructions and applicable law.

4. Orders through ordering channels

Seller and platform roles. When you order through an ordering channel, the seller or provider of the goods or services is the relevant restaurant, retailer or other identified business, not DelivApp. DelivApp supplies the technology and does not sell goods to individual end customers. Where a service fee or other charge payable to DelivApp itself applies to an order, it is disclosed before the order is confirmed, and DelivApp receives it in its own right and not on behalf of the seller. A marketplace, delivery operator or other intermediary may receive and collect payment in its own capacity and subsequently settle with the seller. The identity and responsibilities of the seller, intermediary and any delivery provider depend on the specific order and must be disclosed by the relevant business.

The relevant selling business and, where applicable, a marketplace or delivery operator are responsible for the matters assigned to them under their own terms and applicable law, including:

• the menu or catalogue, product descriptions, ingredients and allergen information, prices, fees and availability;
• accepting or rejecting your order, preparing it and the quality and safety of what you receive;
• delivery, including delivery times, delivery areas and fees, whether made by its own couriers or by a delivery company;
• cancellations, refunds, consumer complaints and mandatory consumer rights, to the extent applicable to their respective roles.

The relevant Customer’s consumer terms govern the purchase, including conditions of sale, delivery, refunds and loyalty benefits. These Terms address DelivApp’s technology only where they validly apply. No provision excludes or transfers a responsibility imposed on any party by mandatory law.

Placing an order. Orders are submitted to the relevant business for acceptance. Preparation and delivery times shown in the Services are estimates. You must provide correct delivery instructions and remain available to receive the order. Age-restricted products may require you to confirm that you meet the applicable minimum age, including by an 18+ declaration where enabled. The relevant business remains responsible for any legally required age verification and lawful sale or delivery. Requests to cancel an order must be directed to the relevant business, subject to your statutory rights.

Problems with an order, including cancellations, compensation and refunds, should be raised with the relevant Customer or responsible operator. DelivApp may forward enquiries received through its support channels, but does not independently decide consumer refunds or compensation for orders.

5. Payments, coupons and loyalty

Payments. The ordering channel may arrange for a payment processor to authorise an amount for later capture or to charge it immediately. Funds may be collected by the seller or by a relevant intermediary, such as a marketplace or delivery operator; except where otherwise disclosed in the ordering channel, DelivApp does not itself collect payments from end consumers for their orders, other than a service fee or other charge payable to DelivApp itself, as described in section 4. Payment-card entry is handled by payment providers; DelivApp does not receive or store full card numbers or card security codes. Any applicable refund may be made to the original payment method or, where lawful and appropriately agreed, as credit for future purchases. Decisions and execution of refunds are the responsibility of the relevant business or payment recipient.

Tips and fees. Tips added by a purchaser through the ordering channel are collected by the relevant business, which is responsible for any subsequent settlement with a courier. Delivery, service and other applicable fees should be disclosed by the responsible business before the order is confirmed.

Coupons, gift cards and loyalty. Coupons, gift cards, loyalty points, discounts, referral rewards and similar benefits are offered and managed by the relevant Customer, which may be a restaurant group, marketplace, delivery operator or another business. Their use, validity, redemption and changes are governed by that Customer’s applicable rules and mandatory law. A Customer may adjust or discontinue its program to the extent permitted by law. DelivApp provides the underlying technology and does not independently guarantee or fund those benefits. Fraudulent or erroneous use may be restricted by the relevant Customer or, where needed to protect the platform, DelivApp.

6. Courier app and location

Subject to device permissions, the courier app collects precise location during an active shift for dispatching, navigation and delivery tracking, including when the app runs in the background. Transmission stops when the courier ends the shift or signs out. Authorised personnel of the relevant Customer may view location and route information for delivery operations. The Privacy Policy describes retention and other processing practices.

A courier’s pay, working hours, insurance and other engagement terms are determined by the business or businesses for which that courier performs services. DelivApp is a technology provider, not the courier’s employer. Each Customer manages and may independently withdraw access to its own workspace, without necessarily affecting the courier’s access to other Customers.

Couriers must comply with traffic and safety laws and must not operate an app while driving or riding where prohibited. Navigation or mapping may be provided through third-party services; the courier remains responsible for travelling safely and lawfully.

7. User restrictions

The following conduct is prohibited. Depending on severity and applicable law, violations may lead to restriction, suspension or termination of relevant access and other remedies.

You may not, whether by yourself or anyone on your behalf:

• use the Services or the Content for any illegal, immoral, unlawful or unauthorised purpose;
• use the Services or Content outside the purposes authorised for the relevant user, including courier work performed for an authorised Customer, or exploit the Services commercially without permission;
• remove or disassociate from the Content or the Services any restrictions or signs indicating proprietary rights of DelivApp or its licensors, including notices such as ©, ™ or ®;
• interfere with or violate other users' privacy or other rights, or harvest or collect personal information about users without their express consent, whether manually or by robot, spider, crawler, search or retrieval application or any other automatic means, or otherwise access the Services to retrieve, index or data-mine information;
• interfere with or disrupt the operation of the Services or the servers or networks that host them;
• impersonate any person or entity, including any DelivApp representative, misrepresent your affiliation with any person or entity, or present false information about the Services;
• place fictitious or fraudulent orders, misuse coupons, referral or loyalty programs, or make unjustified chargebacks;
• take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as determined by us;
• bypass any measure we use to prevent or restrict access to the Services;
• copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Services or the Content, create derivative works from them, or sell, rent, lend, sublicense or otherwise commercially exploit them, except as expressly permitted in these Terms or by law;
• frame the Services or the Content, or use inline linking to them, or create a database by systematically downloading and storing the Content;
• transmit any virus, worm, Trojan horse, time bomb, spyware or other code that may damage or hijack the operation of any hardware, software or telecommunications equipment; or
• otherwise breach these Terms.

8. Your content

Reviews, ratings and messages. Where enabled, you may submit ratings, reviews, delivery feedback and messages ("User Content"). Reviews or ratings may be published to other users under the relevant Customer’s settings and policies. Management, publication, moderation and removal of reviews and ratings are controlled by that Customer, not DelivApp. Private chat messages are intended for the relevant communications and operational purposes and are not licensed for advertising merely because they are sent through the Services. You are responsible for not submitting unlawful, defamatory, misleading or infringing content. You grant DelivApp a limited, non-exclusive licence to host, transmit, process and display User Content as needed to provide the Services and comply with law, and grant the relevant Customer the rights needed to administer its channel and any authorised publication of reviews.

Feedback. If you voluntarily provide DelivApp suggestions or ideas about its technology (excluding private customer communications and personal data), you grant DelivApp and GeoRest a non-exclusive, worldwide, perpetual, irrevocable and royalty-free licence to use and incorporate that feedback into its products and services without compensation, to the extent permitted by law. Do not submit feedback that you are not entitled to share.

9. Privacy, licence and intellectual property

Privacy. Our Privacy Policy at https://delivapp.com/privacy explains how personal information is processed, including when DelivApp acts as controller and when it handles information on behalf of a Customer. Where separate consent is legally required, the responsible party will seek it separately.

Licence. Subject to these Terms and any applicable Customer authorisation, DelivApp grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the relevant Services and apps for their intended purposes. Permitted purposes include an individual’s personal ordering and a courier’s authorised professional delivery work for one or more Customers. This licence does not confer any ownership of DelivApp or GeoRest intellectual property.

Updates. DelivApp has no obligation to provide updates or new versions of the apps. If it does, they may be installed automatically, with or without notice, and these Terms will govern them unless they come with a separate licence.

Intellectual property. The Services, the Content and DelivApp's proprietary assets, and all intellectual property rights in them, including inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of registration ("Intellectual Property"), are owned by GeoRest or its licensors, are licensed to DelivApp, and are protected by copyright and other intellectual property laws and international treaties. All rights not expressly granted to you are reserved by DelivApp, GeoRest and their licensors.

Trademarks. "DelivApp", "GeoRest" and the related marks and logos are trademarks or trade names of GeoRest, whether or not registered, and are used by DelivApp under licence. The names, logos, menus, images and other materials of a Customer that appear in its ordering channel belong to that Customer. All other marks belong to their owners. No right, licence or interest in any of these marks is granted to you.

10. Third parties

Links and third-party services. The Services may connect to mapping, navigation, payment, identity or other services operated independently of DelivApp. Their availability, content, terms and privacy practices are controlled by their respective operators. DelivApp is not responsible for third-party services to the extent permitted by law.

Advertising. DelivApp and authorised third parties, including the Customer, may display advertising and commercial content in the Services, subject to the limitations we set. We may remove any such content that breaches these Terms. Content not published on behalf of DelivApp is the responsibility of whoever published it, and its appearance in the Services is not a recommendation by DelivApp.

Usage Rules. Our apps are downloaded from third-party platforms such as the Apple App Store and Google Play ("Platform Provider"), whose usage rules ("Usage Rules") also apply to you and are incorporated into these Terms. Where a conflict relates solely to the Platform Provider's own representations, warranties, restrictions, obligations or liability, its Usage Rules prevail. You represent that no law or Usage Rule prohibits you from downloading or using the apps.

Apple. If you downloaded an app from the Apple App Store: (i) your licence is limited to a non-transferable licence to use the app on an Apple device that you own or control, including through Family Sharing as permitted by the App Store terms; (ii) these Terms are between you and DelivApp only, not Apple Inc. ("Apple"), and Apple has no responsibility for the app or its content; (iii) Apple has no obligation to provide maintenance or support for the app; (iv) if the app fails to conform to any applicable warranty, you may notify Apple, which will refund any purchase price you paid for it, and Apple has no other warranty obligation; (v) DelivApp, not Apple, is responsible for any claims relating to the app, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and consumer protection claims; (vi) DelivApp, not Apple, is responsible for the investigation, defence, settlement and discharge of any claim that the app infringes a third party's intellectual property rights; and (vii) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Third-party components. The apps may include open-source and other third-party software ("Third Party Components"), which are subject to their own licence terms. If those terms conflict with these Terms, they prevail for the relevant component. DelivApp makes no warranties regarding Third Party Components. No part of the apps, other than the Third Party Components, is open-source or publicly available software.

11. Availability and changes to the Services

The availability and functionality of the Services depend on networks, software, hardware and external service providers. DelivApp does not warrant continuous, uninterrupted, error-free or risk-free access. Any mandatory rights and any express commitments made to a Customer under a separate business agreement remain unaffected.

DelivApp may modify, correct, enhance, restrict, suspend or discontinue all or part of the Services, temporarily or permanently, with or without prior notice to individual users to the extent permitted by law. Such changes do not override DelivApp’s contractual obligations to Customers or mandatory legal requirements.

12. Disclaimers, limitation of liability and indemnity

Disclaimers. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". DELIVAPP AND ITS VENDORS, OFFICERS, SHAREHOLDERS, SUBCONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS AND SUPPLIERS ("DELIVAPP'S REPRESENTATIVES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DELIVAPP AND DELIVAPP'S REPRESENTATIVES DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ERRORS WILL BE CORRECTED; THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE OR SOFTWARE; OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. DELIVAPP IS NOT RESPONSIBLE FOR ANY ERROR IN CONTENT OR INFORMATION DISPLAYED IN THE SERVICES, INCLUDING MENUS, PRICES AND PRODUCT INFORMATION PROVIDED BY CUSTOMERS.

DELIVAPP IS NOT RESPONSIBLE AND HAS NO LIABILITY FOR ANY PRODUCT OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN DELIVAPP, INCLUDING ANY ORDER SUPPLIED OR DELIVERED BY A CUSTOMER OR A DELIVERY COMPANY, OR FOR ANY CONSEQUENCE OF TECHNICAL PROBLEMS OF THE INTERNET OR OF ANY TELECOMMUNICATIONS PROVIDER. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELIVAPP AND DELIVAPP’S REPRESENTATIVES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES, INCLUDING LOST PROFITS, GOODWILL OR BUSINESS OPPORTUNITIES, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES. ANY LIMITATION OF LIABILITY APPLIES ONLY TO THE EXTENT IT IS LAWFUL AND ENFORCEABLE IN THE PARTICULAR CIRCUMSTANCES.

Nothing in these Terms limits any right you have under consumer protection law that cannot be limited by contract, or any liability that cannot be limited by law.

Indemnity. To the extent permitted by applicable law, you agree to indemnify DelivApp for reasonable, direct losses and third-party claims arising from your deliberate unlawful misuse of the Services, infringement of third-party rights or material breach of these Terms, excluding losses caused by DelivApp’s own acts or omissions. Any indemnity is subject to mandatory consumer rights and applicable law.

13. Termination and suspension

These Terms remain in effect until terminated as set out below.

Couriers. A courier’s access to a particular Customer’s workspace ends when that Customer withdraws authorisation or its engagement with DelivApp ends. This does not automatically remove access granted by another Customer. DelivApp may separately restrict access to the whole application or platform for justified security, fraud-prevention, unlawful activity or serious misuse reasons.

End customers. A Customer’s ordering channel may become unavailable when that Customer’s agreement with DelivApp ends. To request account closure, contact the relevant Customer or support@delivapp.com. Closure and retention of records are addressed in the Privacy Policy. A Customer may limit access within its own channel; DelivApp may also impose a platform-wide restriction for serious fraud, security or misuse concerns.

Breach. If you materially breach these Terms, DelivApp may, to the extent legally permitted, restrict, suspend or terminate your access to the relevant Service. Where appropriate and practicable, we may provide notice or an opportunity to resolve the issue; immediate action may be necessary for security, fraud or legal compliance.

Suspension. DelivApp may restrict access, including across different Customer channels or courier workspaces where technically applicable, when it reasonably believes this is necessary to address security risks, fraud, unlawful conduct, significant Terms violations, threats to other users or a legal requirement. Restrictions may be linked to an account or phone number. Each Customer may separately control access to its own workspace. We may restore access when the reason for restriction is resolved, where appropriate.

On termination, the affected licence and access rights end. Clauses that by their nature should continue—including intellectual property, lawful limitations of liability, indemnity and general provisions—survive to the extent enforceable. Account closure does not necessarily erase all information, which is handled under the Privacy Policy and applicable law.

14. Amendments to the Terms

DelivApp may revise these Terms from time to time. Where material changes affect users to whom these Terms apply, we will take reasonable steps to provide notice through the relevant Services or available contact details. Unless a different period is required by law, material changes will generally take effect seven days after notice; other revisions take effect on the stated update date. Where law requires affirmative consent, continued use alone will not substitute for it.

15. General

Export. Our apps are subject to export control laws. You will not export or transfer them to, or use them in, any country or manner prohibited by law. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Other terms. (a) These Terms constitute the agreement between you and DelivApp regarding the relevant Services to which they validly apply, without superseding a Customer’s separate consumer terms or DelivApp’s Business Terms of Service. (b) These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, subject to any mandatory consumer protections of the country where you live. (c) Subject to mandatory jurisdiction rules, including any right you have as a consumer to bring proceedings in the courts where you live, disputes are submitted to the state and federal courts located in the State of Delaware. (d) Nothing in these Terms creates an employment, agency, partnership or joint venture relationship between DelivApp and individual users. (e) Failure to enforce a provision does not waive future enforcement. (f) If a provision is invalid or unenforceable, the remaining provisions remain effective to the extent possible. (g) You may not transfer rights under these Terms without DelivApp’s written consent; DelivApp may assign its rights subject to applicable law. (h) These Terms are written in English. Any translation is provided for convenience only, and the English version prevails in the event of a discrepancy, to the extent permitted by law.

Contact. For questions or comments about these Terms, email support@delivapp.com. We will make an effort to reply within a reasonable time.

DelivApp, Inc., a Delaware corporation (Delaware file number 6841506)