Customer Terms of Service

1. Acceptance of Terms

These Customer Terms of Service ("Terms") are a legally binding agreement between you ("Customer," "you," or "your") and Types LLC, a California limited liability company doing business as OmNom ("OmNom," "we," "us," or "our"). By accessing or using the OmNom platform — including our website, mobile applications, and any related services (collectively, the "Platform") — you agree to these Terms. If you do not agree, do not use the Platform.

2. Description of Service

OmNom is an online ordering platform that connects customers with restaurants. We provide the technology that allows you to browse restaurant menus, place orders, and pay electronically.

OmNom facilitates payment processing through Stripe, Inc. ("Stripe"). When you place an order, you are purchasing directly from the restaurant, which is the merchant of record for the transaction. OmNom does not hold, control, or have custody of your payment funds at any time.

3. Account Registration & Eligibility

You may browse restaurant menus without an account, but you must provide valid contact and payment information to place an order. When you create an account or place an order, you agree to:

• Provide accurate, current, and complete information.
• Keep your account credentials confidential.
• Notify us immediately of any unauthorized use of your account.
• Accept responsibility for all activity that occurs under your account.

Age Requirements

There is no minimum age to use OmNom as a customer, provided you have a valid form of payment. However, if you are under 13 years of age, you must have parental or guardian consent to use the Platform, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Platform on behalf of a minor under 13, the parent or guardian agrees to these Terms on the minor's behalf.

4. Ordering & Payment

When you place an order through OmNom:

• Your transaction is with the restaurant. OmNom facilitates the order but is not a party to the sale of food or beverages.
• Payment is processed by Stripe. Your payment information is collected and processed securely by Stripe in accordance with their terms and privacy policy. OmNom does not store your full payment card details.
• OmNom does not charge you a separate platform fee. The prices displayed are set by the restaurant.
• Order confirmation. After you submit an order and your payment is authorized, you will receive a confirmation. This confirmation constitutes the restaurant's acceptance of your order, subject to availability.

You agree that all payment information you provide is accurate, that you are authorized to use the payment method, and that you will pay all charges incurred through your account at the prices in effect when the charges are incurred.

5. Pricing & Availability

All menu items, prices, descriptions, and availability are determined and managed solely by the restaurant. OmNom does not control and is not responsible for:

• The accuracy of menu descriptions, allergen information, or nutritional data.
• The prices charged by restaurants.
• The availability of any menu item at any given time.
• Changes to menus, pricing, or restaurant operating hours.

Restaurants may modify their menus, prices, and availability at any time without prior notice to you.

6. Refunds & Cancellations

Because your purchase is a transaction between you and the restaurant:

• Refunds are handled entirely by the restaurant. If you have an issue with your order — including incorrect items, missing items, quality concerns, or any other problem — you must contact the restaurant directly.
• OmNom does not process refunds and has no obligation to mediate disputes between you and a restaurant regarding your order.
• Cancellations are subject to the restaurant's own policies. Once an order has been accepted and preparation has begun, cancellation may not be possible.

We encourage you to review your order carefully before submitting it.

7. Pickup & Delivery

OmNom currently supports pickup orders, with delivery being added in the future. Regardless of fulfillment method:

• The restaurant is solely responsible for preparing your order and making it available for pickup or delivery.
• Estimated preparation and pickup times are provided by the restaurant and are not guaranteed by OmNom.
• OmNom is not liable for any delays, errors, or issues related to order fulfillment.

8. User Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws.
• Place fraudulent orders or use stolen or unauthorized payment methods.
• Attempt to interfere with, disrupt, or compromise the integrity or security of the Platform.
• Use automated tools, bots, or scripts to access the Platform without our express written permission.
• Harass, abuse, or harm restaurant staff or other users through the Platform.
• Reverse-engineer, decompile, or otherwise attempt to derive the source code of the Platform.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

9. Intellectual Property

The OmNom name, logo, mascot, website design, software, and all related content are the property of Types LLC and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Platform without our prior written consent.

Restaurant names, logos, menu content, and images displayed on the Platform are the property of their respective owners and are displayed under license or with permission.

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, OmNom disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, OmNom does not warrant that:

• The Platform will be uninterrupted, secure, or error-free.
• Any food or beverages ordered through the Platform will meet your expectations or dietary requirements.
• Information provided by restaurants (including menu descriptions, allergen data, and prices) is accurate or complete.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMNOM, TYPES LLC, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — including but not limited to loss of profits, data, use, goodwill, or other intangible losses — arising out of or in connection with:

• Your use of or inability to use the Platform.
• Any food or beverages purchased through the Platform.
• Any conduct or content of any restaurant or third party on the Platform.
• Unauthorized access to or alteration of your transmissions or data.

In no event shall OmNom's total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Platform exceed the amount you paid through the Platform in the twelve (12) months preceding the claim, or fifty dollars ($50), whichever is greater.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@omnom.monster and attempt to resolve the dispute informally for at least thirty (30) days.

12.2 Binding Arbitration

If we cannot resolve the dispute informally, you and OmNom agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Sacramento County, California, unless you and OmNom agree otherwise or the AAA rules provide for a different location.

12.3 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court if the claim falls within the court's jurisdictional limits.

12.4 Class Action Waiver

YOU AND OMNOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

13. Termination

OmNom reserves the right to suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, at our sole discretion. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent activity, or conduct that is harmful to other users or restaurants.

You may discontinue your use of the Platform at any time. Upon termination, your right to use the Platform ceases immediately. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 10, 11, 12, and 14.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and OmNom agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Sacramento County, California.

15. Changes to These Terms

OmNom reserves the right to modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this page and may notify you through the Platform or via email. Your continued use of the Platform after such changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Platform.

16. Contact Information