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BoatBites Terms of Service

BOATBITES, INC. – TERMS OF SERVICE
Effective Date: 5/1/2025
Last Updated: 10/16/2025

1. Agreement to Terms

By accessing, downloading, or using BoatBites’ website, mobile app, or services (collectively, the “Platform”), you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Platform. Continued use constitutes acceptance of any future modifications.

2. Service Description

BoatBites, Inc. (“BoatBites,” “we,” “us,” or “our”) provides a food delivery platform that connects users (“Customers”) with independent restaurants and food vendors (“Partners”) for delivery via waterway couriers or affiliated service providers (“Couriers”). BoatBites does not own, prepare, or control the Partner’s products.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use BoatBites. By registering, you represent that you have full authority to enter this agreement.

4. Account Registration

You may need an account to place orders. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately of any unauthorized use. BoatBites may suspend or terminate accounts involved in fraud, abuse, or policy violations.

5. Ordering, Pricing, and Payments

When you place an order, you authorize BoatBites (or its third-party processor) to charge your selected payment method for the full amount, including food, taxes, delivery, and service fees. Prices are set by Partners and may vary by location or demand. All payments are processed securely via [insert payment processor]. BoatBites does not store full credit card details.

6. Delivery Terms

BoatBites strives for timely delivery but cannot guarantee exact times due to weather, marine conditions, or Partner delays. Delivery areas may vary. You assume risk once an order is delivered to your boat or designated location.

7. Cancellations and Refunds

Orders can be canceled only before Partner acceptance. After acceptance, cancellation and refund eligibility follow the Partner’s policy. Refunds, when applicable, will be processed to the original payment method.

8. Partner Responsibilities

Partners are solely responsible for food preparation, labeling, and safety compliance; proper handling, temperature control, and allergen disclosure; required permits, insurance, and compliance with applicable laws. BoatBites disclaims liability for the quality, safety, or legality of Partner offerings.

9. Courier Responsibilities

Couriers operate as independent contractors, not employees or agents of BoatBites. They are responsible for maintaining valid marine operation licenses, insurance, and safe navigation practices. BoatBites is not liable for accidents, losses, or damages caused by Couriers.

10. User Conduct

You agree not to use the Platform for illegal or fraudulent purposes; interfere with others’ use or security of the Platform; provide false or misleading information; or circumvent service fees or engage in unauthorized communication with Partners or Couriers. BoatBites reserves the right to suspend or terminate users violating this section.

11. Intellectual Property

All BoatBites trademarks, logos, content, and software are owned by BoatBites or its licensors. You may not copy, modify, distribute, or exploit any content without express permission.

12. User-Generated Content

If you submit reviews, images, or feedback, you grant BoatBites a worldwide, royalty-free, perpetual, and transferable license to use, reproduce, modify, and display such content in marketing, promotions, and operations.

13. SMS and Communications Consent

By providing your mobile number, you consent to receive SMS or push notifications from BoatBites related to orders, billing, and delivery updates; promotional offers; account or membership notifications; and customer support. You can opt out at any time by replying “STOP” or emailing support@boatbites.app. Message and data rates may apply.

14. TCPA Compliance

BoatBites complies with the Telephone Consumer Protection Act (TCPA) and all FCC regulations. You will receive only the categories of messages to which you consent. Each sender (BoatBites, Partners, or affiliates) requires individual consent. Consent is not a condition of purchase. You may revoke consent by any reasonable means, including replying “STOP” or contacting support@boatbites.app.

15. Dispute Resolution and Arbitration

Any dispute between you and BoatBites shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), conducted in Florida. You waive the right to participate in any class action or jury trial.

16. Limitation of Liability

BoatBites is not liable for indirect, incidental, punitive, or consequential damages. The total liability of BoatBites for any claim shall not exceed the total fees paid by you during the three (3) months preceding the claim.

17. Indemnification

You agree to indemnify and hold BoatBites, its affiliates, and their officers, employees, and agents harmless from any claims, damages, or expenses arising from your use of the Platform or any violation of these Terms.

18. Force Majeure

BoatBites is not liable for any failure or delay in performance due to causes beyond its reasonable control, including weather, accidents, strikes, acts of God, or government restrictions.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law principles. Venue for any dispute shall be in Hillsborough County, Florida.

20. Severability

If any provision of these Terms is held invalid, the remaining provisions shall continue in full force and effect.

21. Non-Waiver

Failure to enforce any provision of these Terms shall not be considered a waiver of that right or provision.

22. Assignment

BoatBites may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, or sale of assets.

23. Changes to Terms

BoatBites may update these Terms periodically. Updates become effective upon posting. Continued use after such updates constitutes acceptance.

24. Contact Us

For questions, comments, or concerns, contact us at support@boatbites.app or by mail at BoatBites, Inc., 7901 4th St N STE 300, St. Petersburg, FL 33702 ].

SMS TERMS & CONDITIONS

  1. Consent: Phone numbers collected for SMS communication will not be sold or shared.
  2. Message Types: Orders, delivery updates, promotions, and account alerts.
  3. Frequency: Up to 4 messages per week (varies by account activity).
  4. Fees: Standard carrier message and data rates may apply.
  5. Opt-Out: Text “STOP” to cancel at any time.
  6. Help: Text “HELP” or contact support@boatbites.app.
  7. Data Usage: See our Privacy Policy for details on data retention and use.