Terms of Service

These Terms of Service (Terms) govern your use of www.wecater.ai and related websites, apps and services (the Platform), operated by HAR LLC dba WeCater (WeCater, we, us, or our).

1. Accepting these Terms

These Terms form a binding agreement between you and WeCater. By creating an account, placing an order, joining our founding member list, or otherwise using the Platform, you agree to these Terms and to our Privacy Policy, which is part of these Terms.

If you do not agree, do not use the Platform.

2. Eligibility

You must be at least 18 years old and live in the United States to use the Platform. By using it, you confirm that you meet these requirements and that you have not previously been suspended or removed from the Platform.

3. Your account

Creating an account

Some features require an account. Give us accurate, current and complete information, and keep it up to date. Each account is for one person.

Keeping it secure

Keep your sign-in details, sign-in codes and email account secure. You are responsible for everything that happens under your account. Tell us right away at hello@wecater.ai if you think someone else has accessed it.

Ordering for a business

If you order on behalf of a company or organization, you confirm that you are authorized to do so and that the organization is responsible for those orders along with you.

4. What WeCater does

WeCater is an AI-native catering marketplace launching in Phoenix, Arizona. The Platform helps people who order food for groups find, build and place catering orders with independent local restaurants.

Restaurants are independent

WeCater is not a restaurant and does not prepare or deliver food. Each restaurant on the Platform is an independent business and is the merchant of record for the orders it accepts. The restaurant sets its own menu and prices, prepares the food, and delivers the order with its own team.

Restaurants are responsible for their food, menu descriptions, pricing, allergen and ingredient information, food safety, licensing and delivery. We do not inspect restaurants and do not guarantee the quality, safety or timing of any restaurant's food or service.

Restaurant partners

Restaurants that sell through WeCater also agree to separate partner terms. If those partner terms conflict with these Terms for a restaurant's use of the Platform, the partner terms control.

5. AI-assisted ordering

WeCater uses AI to help you build orders. It uses the details you give us, such as headcount, budget per person, dietary needs and delivery window, along with each restaurant's catering menu, to suggest quantities and menu items.

• AI suggestions are a starting point. They can be incomplete or wrong.
• Review every item, quantity and total before you place an order. You are responsible for the order you confirm.
• Do not rely on AI suggestions for allergy or medical decisions. See the Food safety, allergens and dietary needs section below.

6. Placing orders

How an order works

When you place an order, you are sending a request to the restaurant. The order is confirmed only when the restaurant accepts it. A restaurant may decline or ask to change an order, for example if an item is unavailable or the delivery time does not work.

Order details

You are responsible for giving accurate details, including headcount, delivery address, delivery date and time, access instructions and an on-site contact. Changes or errors in these details can affect your order and its cost.

Advance notice and minimums

Restaurants may set their own order minimums, delivery areas and advance notice requirements. These are shown before you order.

Receiving your order

Make sure someone is available to receive the order at the delivery time. If the restaurant cannot complete delivery because no one is available or the details were wrong, you may still be charged for the order.

7. Prices, payments and taxes

No markup and no service fee

WeCater does not mark up restaurant menu prices and does not add a service fee to your total. Menu prices are set by the restaurant. Before you confirm, you will see your full total, including applicable taxes, any charges set by the restaurant, and any tip.

Payment authorization

By placing an order, you authorize us and our payment processor, Stripe, to charge your chosen payment method for the full order total on behalf of the restaurant. We may place a temporary authorization on your card before the order is confirmed. Your payment obligation to the restaurant is met once the payment is received.

Tips

Tips are optional. Tips go to the catering team that prepares and delivers your order.

Pricing errors

If a price or item is listed in error, we or the restaurant may cancel or update the affected order.

Questions about a charge

If you have a question about a charge, contact us at hello@wecater.ai and we will be happy to help.

8. Cancellations and changes

Each restaurant sets its own cancellation and change policy, which is shown before you order. Orders cancelled or changed after the restaurant's deadline may still be charged.

If you have a question about your order, contact us and we will work with the restaurant to help.

9. Food safety, allergens and dietary needs

Menu information, including dietary tags such as vegan or vegetarian, comes from the restaurant. Restaurants may use shared equipment and ingredients, so cross-contact is possible.

• If anyone in your group has a food allergy or strict dietary requirement, confirm the details directly with the restaurant before ordering.
• Label food clearly for your group and follow safe food handling and holding times once the order is delivered.
• WeCater is not responsible for allergic reactions or illness caused by food prepared by a restaurant.

10. Bites rewards

Bites are WeCater's rewards program.

• You earn Bites on eligible orders. Bites rates are set and funded by each restaurant, so they can differ between restaurants and change over time.
• Bites can be applied to future WeCater orders as shown in your account.
• Bites have no cash value. They cannot be sold, transferred, combined between accounts or exchanged for cash.
• Bites may be removed if an order is cancelled, or if Bites were earned through error, fraud or a breach of these Terms.
• Any expiration rules are shown in your account.
• If your account is closed, unused Bites may be lost.
• We may change, limit or end the Bites program at any time.

11. Promotions

From time to time we or a restaurant may run a promotion. Any promotion has its own terms, which are shown with it and apply along with these Terms. Unless its terms say otherwise, a promotion has no cash value, cannot be transferred, cannot be combined with other promotions, and may end at any time.

12. Communications

By creating an account or placing an order, you agree that we may contact you by email and through the Platform about your account and orders, and by phone when needed to resolve an order issue. These messages are part of the service.

We send marketing emails only in line with applicable law, and every marketing email includes an unsubscribe link. We send text messages only if you opt in through the chat widget on our website, as described in the SMS Program section below.

You agree that notices and agreements we send electronically satisfy any legal requirement that they be in writing.

13. SMS Program

14. Acceptable use

You agree not to:

• Break any law or anyone else's rights.
• Place fake, fraudulent or abusive orders, or use a payment method you are not authorized to use.
• Harass, threaten or mistreat restaurant staff, delivery teams or our team.
• Scrape, copy, frame or commercially redistribute the Platform or its content.
• Use bots or automated tools to access the Platform, except as we allow.
• Try to get around security features, access other accounts, or disrupt the Platform.
• Upload malware or harmful code.
• Post false, misleading, offensive or unlawful content.
• Use the Platform for anything other than its intended purpose.

15. Reviews, content and feedback

Your content

You are responsible for reviews, ratings, photos, instructions and other content you submit. Content must be honest, lawful and your own. By submitting content, you give WeCater a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, display and share it to operate, improve and promote the Platform. We may remove content at our discretion. We share personal information only as described in our Privacy Policy.

Feedback

If you send us ideas or suggestions about the Platform, we may use them without any obligation to you.

16. Intellectual property

The Platform, including its software, design, text, graphics, and the WeCater and Bites names and logos, belongs to WeCater or its licensors and is protected by law. Restaurant names, logos and menu content belong to the restaurants.

We give you a limited, personal, revocable, non-transferable right to use the Platform under these Terms. All other rights are reserved.

17. Third-party services

The Platform works with services we do not control, including restaurants, Stripe for payments, and mapping and communication tools. Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services, websites or content.

18. Privacy

Our Privacy Policy explains how we collect, use and share information. You agree that we may access, keep and disclose your information and content if required by law or if we believe in good faith that doing so is reasonably necessary to comply with legal process, enforce these Terms, or protect the rights, property or safety of WeCater, our users or others.

19. Disclaimers

THE PLATFORM, ITS AI FEATURES AND ALL CONTENT ARE PROVIDED AS IS AND AS AVAILABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, WECATER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ACCURATE, SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY RESTAURANT'S FOOD OR SERVICE WILL MEET YOUR EXPECTATIONS.

20. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, WECATER AND ITS OWNERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING FROM OR RELATED TO THE PLATFORM, ANY ORDER, OR ANY RESTAURANT'S FOOD OR SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM.

21. Indemnification

You agree to defend, indemnify and hold harmless WeCater and its owners, employees and agents from any claims, losses and costs, including reasonable legal fees, arising from your use of the Platform, your content, or your breach of these Terms or of anyone's rights.

22. Governing law

These Terms are governed by the laws of the State of Arizona.

23. Suspension and termination

You may stop using the Platform at any time and may ask us to close your account by emailing hello@wecater.ai.

We may suspend or end your access at any time if you break these Terms, misuse the Platform, or if we need to for legal or security reasons. Sections that by their nature should continue, including payment obligations, disclaimers, limitation of liability and indemnification, continue after termination.

24. Changes to the Platform and these Terms

We may change, add or remove features of the Platform at any time. We may also update these Terms. When we do, we will post the new version here and update this page. For material changes, we will give notice through the Platform or by email. Continuing to use the Platform after changes take effect means you accept the updated Terms.

25. General

• Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and WeCater about the Platform.
• Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Waiver. Our failure to enforce any part of these Terms is not a waiver.
• Severability. If any part of these Terms is unenforceable, the rest stays in effect.
• Headings. Headings are for convenience only.

26. Accessibility

If you need these Terms in another format, or need help using the Platform because of a disability, contact us at hello@wecater.ai or (602) 326-3703.

27. Contact us