NIBBLS INC

Terms of Service

Last Updated: July 14, 2026

1. INTRODUCTION AND ACCEPTANCE

1.1 Agreement

These Terms of Service ("Terms") govern your access to and use of the NIBBLS platform, including our website at nibbls.app, our mobile applications, and the related features and services we provide (together, the "Service"). The Service is operated by NIBBLS INC ("NIBBLS," "we," "us," or "our"). Please read these Terms carefully.

1.2 Acceptance

By creating an account, placing an order, posting content, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

1.3 Additional Agreements

If you participate as a restaurant or operator, your participation is also governed by a separate Merchant Agreement. If you participate as a creator eligible to earn commissions, your participation is also governed by a separate Creator Agreement. Where a separate agreement applies to you, it controls over these Terms for the subject matter it covers.

1.4 Changes

We may update these Terms from time to time. We will post the updated version and revise the "Last Updated" date, and where the changes are material we will provide additional notice or ask you to accept them. Your continued use of the Service after an update takes effect means you accept the revised Terms.

2. DEFINITIONS

2.1 "Restaurant"

means a food service establishment or operator that lists menus and receives orders through the Service.

2.2 "Diner"

means a user who browses, orders, or purchases through the Service.

2.3 "Creator"

means a user who posts food-related video content and who may be eligible to earn commissions when that content drives qualifying orders.

2.4 "Content"

means any video, image, caption, comment, review, or other material posted through the Service.

2.5 "Order"

means a request placed by a Diner for food or other items offered by a Restaurant through the Service.

2.6 "Attribution"

means our determination that a Creator's Content drove a particular Order under the rules described in Section 10.

2.7 "Payment Processor"

means the third-party provider that processes payments and payouts through the Service.

3. THE NIBBLS SERVICE

3.1 What We Do

NIBBLS is a technology platform that connects Diners, Restaurants, and Creators. Diners discover local food through short-form video and place Orders. Restaurants list menus, sync their point-of-sale systems, and receive and fulfill Orders. Creators post food-related video content and may earn commissions when their Content drives qualifying Orders.

3.2 What We Do Not Do

NIBBLS is an intermediary. We do not prepare, cook, handle, sell, package, deliver, inspect, or store food, and we do not own or operate any Restaurant. Each Restaurant is solely responsible for the food it offers and for fulfilling the Orders it accepts. We are not a party to the sale of food between a Restaurant and a Diner, and we do not act as the agent, employer, or partner of any Restaurant, Creator, or Diner.

3.3 No Guarantee

We do not guarantee that any Restaurant, item, price, or Creator Content will be available, accurate, or of any particular quality, or that any Order will be accepted or fulfilled.

4. ELIGIBILITY

4.1 General

You must be able to form a binding contract to use the Service. By using the Service you represent that you meet the requirements of this Section and that your use complies with applicable law.

4.2 Age

You must be at least 13 years old to use the Service as a Diner. If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf. You must be at least 18 years old to create a Creator or Restaurant account. The Service is not directed to children under 13, and we do not knowingly collect their information. If you allow a minor to use the Service, you are responsible for the minor's use, including all Orders, charges, and account activity, and for their compliance with these Terms.

5. ACCOUNTS AND SECURITY

5.1 Registration

Some features require an account. You agree to provide accurate and current information and to keep it up to date.

5.2 Credentials

You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us promptly at the address in Section 24 if you suspect unauthorized use.

5.3 Verification

We may, but are not required to, verify any user, account, Restaurant, or Content. Any verification we perform is limited and does not guarantee the identity, quality, safety, or conduct of any user or Restaurant.

5.4 Enforcement

We may suspend, restrict, or terminate any account, and remove any listing or Content, where we reasonably believe there has been a violation of these Terms, a legal or safety risk, fraud, or conduct that harms the Service or other users.

6. ACCEPTABLE USE AND PROHIBITED CONDUCT

You agree not to:

use the Service for any unlawful, fraudulent, or deceptive purpose;
impersonate any person or misrepresent your affiliation;
harass, threaten, or harm others, or violate their privacy or intellectual property rights;
place fake, fraudulent, or self-referred Orders, or manipulate Attribution, commissions, reviews, or engagement metrics;
interfere with or circumvent the Service, including scraping, reverse engineering, introducing malware, or bypassing security, access, or payment controls;
access another user's account or a Restaurant's point-of-sale system without authorization; or
use the Service to abuse payments, chargebacks, promotions, or refunds.

7. ORDERS, MENUS, AND FULFILLMENT

7.1 Placing Orders

When you place an Order, you make an offer to purchase from the Restaurant. The Order becomes binding when the Restaurant accepts it. The Restaurant, not NIBBLS, is the seller of the food and any other items in your Order.

7.2 Menus, Pricing, and Availability

Menu items, descriptions, prices, modifiers, taxes, availability, and preparation estimates are provided by Restaurants or their point-of-sale systems. We display this information but do not guarantee that it is accurate or current. The price shown at checkout when you submit an Order applies to that Order, subject to correction of obvious errors, unavailable items, approved substitutions, applicable taxes and fees, and any Restaurant cancellation.

7.3 Food Safety and Allergens

Each Restaurant is solely responsible for the preparation, safety, quality, labeling, and packaging of its food, and for compliance with food safety, allergen, sanitation, and health requirements. If you have a food allergy or dietary restriction, contact the Restaurant directly before ordering. We do not verify ingredients or allergen information and do not guarantee that any item is safe for you.

7.4 Pickup and Delivery

Depending on the Restaurant, an Order may be available for pickup or delivery. Where delivery is offered, it is performed by the Restaurant or a third-party courier, not by NIBBLS, and the party performing delivery is responsible for it. Estimated pickup and delivery times are estimates only and are not guaranteed.

8. PRICING, PAYMENTS, AND TAXES

8.1 Charges

By placing an Order you authorize us and our Payment Processor to charge your selected payment method for the food, applicable taxes, fees, tips, and any delivery or service charges shown at checkout.

8.2 Payment Processor

Payments and payouts are handled by a third-party Payment Processor and are subject to its terms. We do not store full payment card numbers. A payment may be declined, delayed, or reversed as a result of processor rules, fraud controls, or disputes.

8.3 Taxes

Prices may not include taxes. Where we are required to collect and remit tax, we will do so, and we may request tax information from Restaurants and Creators and issue tax forms as required by law. You are responsible for any taxes that are your responsibility under applicable law.

8.4 Tips

Where the Service allows tipping, tips are voluntary unless stated otherwise and are directed to the Restaurant or delivery provider as indicated at checkout.

9. CANCELLATIONS, REFUNDS, AND ORDER ISSUES

9.1 Cancellations by You

You may cancel an Order only before the Restaurant accepts it or begins preparation. Once preparation has begun, an Order generally cannot be canceled and may not be refundable.

9.2 Cancellations by a Restaurant

A Restaurant may cancel an Order for reasons such as unavailable items, closure, equipment failure, or safety concerns. If a Restaurant cancels an Order you have paid for, you will generally receive a refund or credit for the affected items.

9.3 Missing or Incorrect Items

If your Order is missing items, incorrect, or otherwise not as accepted, contact us through the Service within a reasonable time and no later than any window we specify. We may issue a refund or credit, arrange a resolution with the Restaurant, or decline where the report is outside the applicable window or appears abusive.

9.4 Refund Method and Timing

Refunds are issued to your original payment method and may take time to appear depending on your Payment Processor and bank.

9.5 Chargebacks

If you have a problem with an Order, contact us before disputing a charge with your bank. Fraudulent or abusive chargebacks may result in suspension or termination of your account.

9.6 Effect on Creator Commissions

An Order that is canceled, refunded, reversed, fraudulent or subject to a chargeback does not result in a final, earned Creator commission.

10. CREATOR CONTENT, ATTRIBUTION, AND SPONSORED CONTENT

10.1 Creator Content

The Service features Content posted by Creators. Creator Content reflects the views of the Creator, not NIBBLS, and is not a guarantee of any Restaurant, item, price, availability, or experience. NIBBLS acts as a provider of an interactive computer service within the meaning of 47 U.S.C. § 230 and is not the publisher or speaker of any Creator Content or other Content provided by users.

10.3 Restaurant Acknowledgment

By using the Service, each Restaurant acknowledges and agrees that Creators may post Content featuring, reviewing, or depicting the Restaurant, its food, menu items, premises, trade dress, or dining experience, without requiring the Restaurant's prior approval. NIBBLS does not control, endorse, or assume any liability for Creator Content about a Restaurant. A Restaurant's sole remedy for Content it believes violates these Terms or applicable law is to report the Content through the mechanisms provided in Sections 13 and 14.

10.4 Sponsored and Incentivized Content

Some Creator Content is commission-linked, sponsored, affiliated, or otherwise incentivized. Creators are required to disclose material connections as described in Section 12 and applicable law.

10.5 Attribution

Where a Creator may earn a commission, we determine whether the Creator's Content drove a given Order using our attribution rules and records. Our attribution records control absent manifest error, fraud, or system malfunction. Commission eligibility, calculation, and payout are governed by the separate Creator Agreement.

11. USER CONTENT AND LICENSE

11.1 Your Content

You retain ownership of the Content you post. You are responsible for your Content and represent that you have the rights needed to post it and to grant the license below, and that your Content does not infringe or violate the rights of any third party.

11.2 License to NIBBLS

You grant NIBBLS a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, distribute, and modify for formatting your Content, and to use it to operate, promote, and improve the Service. Broader use of Creator Content in NIBBLS advertising is governed by the separate Creator Agreement. This license continues for Content you have posted even after you remove it, to the extent needed for backups, records, and prior distribution, and otherwise ends within a reasonable time after removal.

11.3 Feedback

If you send us suggestions or feedback, we may use them without obligation or compensation to you.

12. CONTENT STANDARDS

12.1 General

Content must be lawful, truthful, and not misleading, and must comply with these Terms and any posted community guidelines.

12.2 Food Authenticity

Content must not misrepresent food, a Restaurant, prices, availability, portions, preparation, freshness, ingredients, or your actual experience.

12.3 AI and Synthetic Media

You may not post or monetize AI-generated, synthetic, deepfake, materially altered, or simulated food content, or staged content, if it is presented in a way that misleads users into believing it shows real food currently available from a Restaurant. AI-assisted editing is allowed only where it is not misleading and is disclosed where our policies require.

12.4 Disclosures

You must clearly and conspicuously disclose any commission, sponsorship, free or discounted meal, affiliate relationship, or other material connection.

12.5 Reviews and Endorsements

You may not post fake or paid reviews, fabricate experiences, post undisclosed insider reviews, suppress honest reviews, or buy or use fake followers, likes, comments, or other engagement.

12.6 Third-Party Rights

You may not post music, footage, images, logos, or other material you do not have the rights to use, and you may not violate the privacy or publicity rights of others.

12.7 Prohibited Content

Content must not be harassing, hateful, threatening, sexually explicit, dangerous, unlawful, or deceptive, and must not include spam, scams, or malware.

13. COPYRIGHT AND DMCA POLICY

13.1 Notices

We respect intellectual property rights and respond to notices of claimed infringement under the Digital Millennium Copyright Act. To submit a notice, provide our designated agent with: (a) your signature; (b) identification of the copyrighted work; (c) identification of the material claimed to infringe and its location on the Service; (d) your contact information; (e) a statement that you have a good faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

13.2 Counter-Notices

If your Content was removed, you may submit a counter-notice that includes your signature, identification of the removed material and its prior location, your contact information, a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification, and your consent to jurisdiction .

13.3 Repeat Infringers

We terminate the accounts of repeat infringers in appropriate circumstances.

13.4 Designated Agent

Send copyright notices to legal@nibbls.app or to NIBBLS INC at the address in Section 24, marked for the attention of the copyright agent. Notices that misrepresent infringement may result in liability.

14. CONTENT MODERATION AND ENFORCEMENT

14.1 Our Rights

We may review, remove, label, restrict, or reduce the distribution of Content, disable monetization, suspend or terminate accounts, remove Restaurant listings, withhold or reverse commissions, and take other action we consider appropriate to enforce these Terms or protect users or the Service. Without limiting the foregoing, we may withhold publication of, or remove, any Content that we believe lacks disclosures or permissions required by these Terms or applicable law.

14.2 No Obligation to Monitor

We are not obligated to monitor Content, but we may do so. The exercise of any moderation, curation, promotion, or enforcement right under this Section does not make NIBBLS the publisher or speaker of any Content and does not create any duty to monitor, edit, or remove Content.

15. INTELLECTUAL PROPERTY

15.1 Our Rights

The Service, including its software, design, trademarks, logos, attribution logic, analytics, and the way Content is presented, is owned by NIBBLS or its licensors and is protected by law. Except for the rights expressly granted in these Terms, we reserve all rights.

15.2 Limited License to You

We grant you a limited, revocable, non-exclusive, and non-transferable license to use the Service for its intended purpose, subject to these Terms. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service except as permitted by law.

16. THIRD-PARTY SERVICES

The Service relies on and links to third parties, including Restaurants, point-of-sale providers, Payment Processors, couriers, hosting and analytics providers, and social platforms. We do not control these third parties and are not responsible for their acts, omissions, content, or terms. Your use of a third-party service is subject to that provider's terms.

17. DISCLAIMERS AND ASSUMPTION OF RISK

17.1 As Is

The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

17.2 No Guarantees

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that food, Orders, menus, prices, Creator Content, or Attribution will be available, accurate, safe, or of any particular quality.

17.3 Assumption of Risk

You are responsible for your decisions about which Restaurants to order from and which items to consume, including in light of any allergy or dietary restriction. Food is prepared by Restaurants outside our control. Creator Content may reflect personal opinions, preferences, or experiences and may not address allergens, ingredients, or dietary suitability. You acknowledge that you rely on Creator Content at your own risk and release NIBBLS from any claims arising from food-related harm connected to your reliance on Content available through the Service.

17.4 Exclusions

Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

18. LIMITATION OF LIABILITY

18.1 Exclusion of Certain Damages

To the fullest extent permitted by law, NIBBLS will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service.

18.2 Cap

To the fullest extent permitted by law, our total liability arising out of or relating to the Service and these Terms will not exceed the greater of the amounts you paid through the Service in the three months before the event giving rise to the claim, or one hundred dollars ($100).

18.3 Carve-Outs

Nothing in these Terms limits liability that cannot be limited by law, including liability for our fraud, willful misconduct, or gross negligence.

19. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold harmless NIBBLS and its officers, directors, employees, and agents from any claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Service, your Content (including any claim by a third party that your Content is defamatory, libelous, false, misleading, or otherwise actionable), your misconduct in connection with an Order, your violation of these Terms, your violation of any law, or your infringement of any third-party right. We will notify you of any such claim and may participate in its defense with our own counsel.

20. TERMINATION

20.1 By You

You may stop using the Service and close your account at any time.

20.2 By Us

We may suspend or terminate your access at any time for the reasons described in these Terms, including violations, fraud, chargeback abuse, safety or legal risk, or conduct that harms the Service.

20.3 Effect

On termination, your right to use the Service ends. Amounts owed remain payable, and any Content license granted for continued operation, records, or prior distribution, along with the provisions that by their nature should survive, including those on amounts owed, content licenses, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions, will survive.

21. DISPUTE RESOLUTION AND ARBITRATION

Please read this Section carefully. It affects how disputes are resolved and includes a class action waiver.

21.1 Informal Resolution

Before starting an arbitration or court proceeding, you agree to contact us at the address in Section 24 and give us thirty (30) days to resolve the dispute informally.

21.2 Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules.

21.3 Arbitration

Any dispute that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in New York, New York. The arbitrator decides all issues, except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or to stop misuse of the Service. Unless the arbitrator decides otherwise, the arbitration may be conducted by video conference, telephone, or written submissions.

21.4 Class Action Waiver

Disputes will be resolved only on an individual basis. You and NIBBLS each waive any right to bring or participate in a class, collective, or representative action.

21.5 Mass Filings

If twenty-five (25) or more similar arbitration demands are made by or with the assistance of the same or coordinated counsel, the demands will be administered in staged batches, with a limited number of bellwether cases arbitrated first and the remainder held pending, to keep the process efficient and fair. Awards in the bellwether cases bind only the parties to those cases and have no preclusive effect in any other arbitration involving a different party.

21.6 Opt-Out

You may opt out of arbitration and the class action waiver by sending written notice to the address in Section 24 within thirty (30) days after you first accept these Terms. Opting out does not affect the other provisions of these Terms.

21.7 Savings

If any part of this Section is found unenforceable, the remainder stays in effect to the fullest extent permitted by law.

22. CHANGES TO THESE TERMS

We may modify these Terms as described in Section 1.4. The "Last Updated" date shows when the current version took effect.

23. GENERAL PROVISIONS

23.1 Entire Agreement

These Terms, the Privacy Policy, and any agreement that applies to you as a Restaurant or Creator are the entire agreement between you and NIBBLS regarding the Service and replace any prior understanding.

23.2 Severability

If any provision is found unenforceable, the rest remains in effect.

23.3 Waiver

Our failure to enforce a provision is not a waiver of it.

23.4 Assignment

You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, sale of assets, or by operation of law.

23.5 Notices

We may provide notices through the Service or to the contact information associated with your account. Notices to us should be sent to the address in Section 24.

23.6 Electronic Communications

You consent to receive communications from us electronically, and you agree that electronic agreements and notices satisfy any legal requirement that they be in writing.

23.7 Force Majeure

We are not responsible for any failure or delay caused by events beyond our reasonable control, including government orders, emergencies, labor disputes, network or infrastructure failures, or acts of nature.

23.8 Relationship

These Terms do not create any agency, partnership, employment, or joint venture between you and NIBBLS.

23.9 Export and Sanctions

You represent that you are not located in, and will not use the Service in violation of, any applicable export control or sanctions law.

24. CONTACT INFORMATION

30 East 37th Street, 3F

New York, NY 10016

General support: support@nibbls.app