DINEVATE TERMS OF USEV1.0Last updated October 27, 2025TABLE OF CONTENTS1. INTRODUCTION
2. PLATFORM VS. MERCHANT RELATIONSHIP
3. AGE REQUIREMENTS & ACCOUNT REGISTRATION
4. ORDERS, PRICING & PAYMENT
5. DELIVERY DISCLAIMER
6. TIPS
7. REFUNDS, CANCELLATIONS & DISPUTES
8. PROHIBITED CONDUCT
9. USER-GENERATED CONTENT & REVIEWS
10. THIRD-PARTY LINKS & SERVICES
11. INTELLECTUAL PROPERTY
12. PRIVACY & YOUR DATA
13. SERVICE AVAILABILITY & MODIFICATIONS
14. DISCLAIMER OF WARRANTIES
15. LIMITATION OF LIABILITY
16. DISPUTE RESOLUTION & ARBITRATION
17. GOVERNING LAW
18. MODIFICATIONS TO THESE TERMS
19. CALIFORNIA RESIDENTS
20. CONTACT INFORMATION
1. INTRODUCTION
Welcome to Dinevate! These Terms of Use ("Terms") govern your use of the Dinevate website, mobile applications, and related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms.
Dinevate LLC ("Dinevate," "we," "us," or "our") is a Delaware limited liability company with its principal office at 106 Kent Court, West Chester, PA 19380, United States. You can contact us at info@dinevate.com.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.
2. PLATFORM VS. MERCHANT RELATIONSHIP
Dinevate is NOT a Restaurant. Dinevate operates the platform that connects you (the "Customer" or "Diner") with" with independent restaurants (each a "Merchant" or "Restaurant"). When you place an order through the Platform:
• The Restaurant is the Seller of Record. Each Restaurant is an independent business that prepares, packages, and provides the food and beverages you order. The Restaurant—not Dinevate—is responsible for the quality, safety, accuracy, and legal compliance of all food items.
• Restaurant Compliance. Restaurants are required to comply with all federal, state, and local laws governing food preparation, safety, labeling, allergen disclosure, and licensing. Dinevate does not prepare, handle, or inspect food and does not verify the Restaurant's compliance with food safety laws.
• No Liability for Food. Dinevate is not responsible or liable for food quality, food safety, allergen information, mislabeling, or any illness, injury, or damages arising from food purchased through the Platform. All such matters are between you and the Restaurant.
3. AGE REQUIREMENTS & ACCOUNT REGISTRATION
Age Requirement. You must be at least 18 years of age to use the Platform and place orders. If you are under 18, you may only use the Platform with the involvement and consent of a parent or legal guardian.
Account Registration. To place orders, you may be required to share your information with the Restaurant and the Platform. You agree to:
• Provide accurate, current, and complete information.
• Maintain and promptly update your account information;
• Keep your password confidential and secure if you create an account;
• Accept responsibility for all activity that occurs under your account;
• Notify us immediately of any unauthorized use of your account.
One Account Per Person. You may create and maintain only one account. You may not share your account with others or use another person's account without permission.
We reserve the right to suspend or terminate your account if you provide false information, violate these Terms, or are used for fraudulent purposes.
4. ORDERS, PRICING & PAYMENT
Placing Orders. When you place an order through the Platform, you are making an offer to purchase food from the Restaurant. The Restaurant may accept or decline your order. Once accepted, a binding contract is formed between you and the Restaurant for the sale of food.
Payment Agent. When you pay for an order via the Platform, Dinevate acts as a limited payment agent on behalf of the Restaurant. This means:
• Your payment to Dinevate satisfies your payment obligation to the Restaurant;
• Dinevate collects funds and remits them to the Restaurant (less applicable fees and commissions);
• Dinevate is authorized to process payments, refunds, and chargebacks on the Restaurant's behalf.
Pricing Transparency. Prices displayed on the Platform are set by each Restaurant. Online prices may differ from in-restaurant prices. Restaurants may charge higher prices for online orders to cover platform fees and operational costs. All prices, taxes, delivery fees, service fees, and any surcharges will be clearly displayed at checkout before you complete your purchase.
Taxes & Fees. The total amount you pay includes:
• Menu item prices (as set by the Restaurant);
• Applicable sales taxes;
• Delivery fees (if applicable);
• Service fees or platform fees (if applicable);
• Any other surcharges disclosed at checkout.
The final total price, including all fees and taxes, will be shown before you confirm your order. By completing your purchase, you agree to pay the total amount displayed.
Payment Methods. We accept major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as indicated on the Platform. Payment processing is handled securely by third-party payment processors. We do not store your full credit card information.
5. DELIVERY DISCLAIMER
Delivery Provided by Restaurant or Third Parties. If your order includes delivery, please note:
• Dinevate does not provide delivery services. Delivery (if available) is performed by the Restaurant itself, independent contractors, or third-party delivery services not employed by Dinevate.
• No Delivery Guarantees. Dinevate makes no guarantees, representations, or warranties regarding delivery times, delivery quality, or delivery personnel. We are not responsible for late, incorrect, damaged, or undelivered orders.
• Third-Party Couriers. If a Restaurant uses a third-party courier or delivery platform, those services are governed by their own terms and conditions. Dinevate has no control over and assumes no liability for third-party delivery services.
• Contact the Restaurant. All delivery issues (late delivery, wrong address, damaged items, etc.) should be directed to the Restaurant that fulfilled your order.
6. TIPS
Tips are collected by Dinevate as the Restaurant's payments agent and remitted to the Restaurant net of applicable platform commissions and standard card processing fees, unless otherwise required by law. The Restaurant is responsible for distributing tips to its staff in accordance with applicable law. For details about a specific Restaurant's tip practices, please contact the Restaurant.
• Tipping is optional but appreciated by restaurant and delivery staff.
If you have questions about how a specific Restaurant distributes tips, please contact the Restaurant directly.
7. REFUNDS, CANCELLATIONS & DISPUTES
Restaurant Handles Refunds. All order fulfillment matters, including refunds, cancellations, and order corrections, are handled by the Restaurant. The Restaurant—not Dinevate—decides whether to issue a refund or credit.
• Sales Are Generally Final. Unless the Restaurant agrees otherwise, all sales are final and non-refundable.
• Order Issues. If your order is incorrect, incomplete, or unsatisfactory, please contact the Restaurant directly. The Restaurant's contact information is available on your order receipt or through the Platform.
• Dinevate's Role. Dinevate may assist in facilitating communication between you and the Restaurant, but we cannot force a Restaurant to issue a refund. We will pass complaints to the Restaurant on your behalf when appropriate.
• Chargebacks. If you initiate a chargeback with your credit card company, please be aware that chargebacks may delay or prevent refunds through other channels and may result in disputes with the Restaurant or payment processor. We encourage you to work with the Restaurant first before initiating a chargeback.
8. PROHIBITED CONDUCT
You agree not to engage in any of the following prohibited activities:
• Fraud or Misrepresentation: Providing false information, using stolen payment methods, or placing fraudulent orders;
• Unauthorized Access: Hacking, scraping, using bots, or attempting to bypass security measures;
• Abuse or Harassment: Harassing, threatening, or abusing Restaurants, delivery personnel, or Dinevate staff;
• Intellectual Property Infringement: Copying, reproducing, or misusing Dinevate's or Restaurants' trademarks, logos, content, or software;
• Spam or Malicious Activity: Distributing viruses, malware, spam, or engaging in phishing;
• Reverse Engineering: Decompiling, disassembling, or reverse-engineering the Platform's software or code;
• Multiple Accounts for Fraud: Creating multiple accounts to abuse promotions, referral programs, or circumvent bans;
• Illegal Activity: Using the Platform for any unlawful purpose or in violation of any applicable laws or regulations.
Consequences. Violation of these prohibited conduct rules may result in immediate suspension or termination of your account, forfeiture of any credits or balances, and potential legal action.
9. USER-GENERATED CONTENT & REVIEWS
Reviews and Feedback. The Platform may allow you to post reviews, ratings, photos, or other content ("User Content") about Restaurants and food items.
License to Use Your Content. By posting User Content, you grant Dinevate a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, display, reproduce, modify, and distribute your User Content on the Platform and in our marketing materials. You retain ownership of your User Content, but you give us permission to use it.
Content Standards. You agree that your User Content will not:
• Be false, misleading, or not written in good faith;
• Be defamatory, obscene, abusive, harassing, or threatening;
• Violate any person's privacy, intellectual property, or other rights;
• Contain spam, advertising, or promotional material;
• Violate any applicable laws or regulations.
Right to Remove Content. We reserve the right to remove, edit, or refuse to display any User Content that violates these Terms, is illegal, or is otherwise objectionable in our sole discretion. We do not pre-screen User Content and are not responsible for what users post.
DMCA Notice. If you believe any content on the Platform infringes your copyright, please send a DMCA takedown notice to info@dinevate.com with: (1) identification of the copyrighted work; (2) identification of the infringing material and its location; (3) your contact information; (4) a statement of good faith belief; and (5) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner.
No Liability for User Content. Dinevate disclaims all liability for User Content. We do not endorse or verify the accuracy of reviews or user-posted information.
10. THIRD-PARTY LINKS & SERVICES
The Platform may contain links to third-party websites, apps, or services (e.g., restaurant websites, delivery platforms, payment processors). These third-party services are not controlled by Dinevate.
• No Endorsement. We do not endorse or assume responsibility for any third-party content, products, or services.
• Your Risk. You access third-party sites and services at your own risk. We are not liable for any issues, damages, or losses arising from your use of third-party services.
• Review Their Terms. Third-party sites and services are governed by their own terms and privacy policies. We encourage you to review them before using those services.
11. INTELLECTUAL PROPERTY
Dinevate's IP. All content on the Platform—including software, text, graphics, logos, images, videos, and trademarks—is owned by Dinevate or our licensors and is protected by copyright, trademark, and other intellectual property laws.
Limited License to Use. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms. You may not:
• Copy, reproduce, distribute, or create derivative works from the Platform;
• Reverse engineer, decompile, or disassemble any software;
• Remove or alter any copyright, trademark, or proprietary notices;
• Use the Platform or its content for any commercial purpose without our written permission.
Termination of License. Your license to use the Platform terminates immediately if you violate these Terms. You must cease all use of the Platform and destroy any downloaded materials.
Restaurant Trademarks. Restaurant names, logos, and trademarks displayed on the Platform are owned by the respective Restaurants and are used with permission. Nothing in these Terms grants you any rights to those trademarks.
12. PRIVACY & YOUR DATAPrivacy Policy. Your use of the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your personal information.
Information We Collect. When you use the Platform, we collect information such as your name, email address, phone number, delivery address, payment information, order history, and device information.
Sharing with Restaurants. To fulfill your orders, we share necessary information (name, contact info, delivery address, order details) with the Restaurant. Restaurants use this information solely to prepare and deliver your order.
Marketing Communications. With your consent, we may send you promotional emails, SMS messages, and push notifications about special offers, new features, and updates. You can opt out at any time by clicking "unsubscribe" in our emails or adjusting your account settings.
Data Retention. We retain your information for as long as your account is active and as needed to comply with legal obligations. You may request deletion of your account and personal data by contacting us at info@dinevate.com.
Your Rights. You have the right to access, correct, or delete your personal information, and to withdraw consent for marketing communications. See our Privacy Policy for details on exercising your rights. 13. SERVICE AVAILABILITY & MODIFICATIONS
No Guarantee of Availability. We strive to keep the Platform available 24/7, but we cannot guarantee uninterrupted access. The Platform may be unavailable due to maintenance, updates, technical issues, or other reasons beyond our control.
Right to Modify or Discontinue. We reserve the right to modify, suspend, or discontinue any part of the Platform (including features, Restaurants, or geographic availability) at any time, with or without notice. We are not liable for any modification, suspension, or discontinuance of the Platform.
Changes to Restaurants. Restaurants may join or leave the Platform at any time. Menu items, prices, and availability are determined by each Restaurant and may change without notice.
14. DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
Dinevate Does Not Warrant That:
• The Platform will be error-free, secure, or uninterrupted;
• Restaurants will fulfill orders accurately or on time;
• Food will be safe, of acceptable quality, or correctly labeled;
• Delivery will occur as scheduled or at all;
• Pricing or content on the Platform is accurate or up-to-date;
• Your use of the Platform will meet your expectations.
YOU USE THE PLATFORM AT YOUR OWN RISK. DINEVATE IS NOT RESPONSIBLE FOR FOOD QUALITY, FOOD SAFETY, ALLERGEN INFORMATION, OR ANY ISSUES ARISING FROM FOOD PURCHASED THROUGH THE PLATFORM.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You may have additional rights under applicable consumer protection laws.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DINEVATE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS BEFORE THE CLAIM AROSE, OR (B) $100 USD.
Examples of Excluded Damages:
• Food poisoning, allergic reactions, or other health issues;
• Incorrect, late, or missing orders;
• Loss of data or account access;
• Damages caused by third-party delivery or restaurant negligence;
• Unauthorized account access or fraud.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
16. DISPUTE RESOLUTION & ARBITRATION
Read This Section Carefully. It affects your legal rights, including your right to file a lawsuit in court.
Informal Resolution. If you have a dispute with Dinevate, please contact us at info@dinevate.com and provide a detailed description of the issue. We will attempt to resolve the dispute informally within 30 days.
Binding Arbitration. If we cannot resolve the dispute informally, you and Dinevate agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.
YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND DINEVATE ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Arbitration Process:
• Arbitration will be conducted in Delaware or remotely by phone, video, or written submission, at your option.
• The arbitrator's decision is final and binding, and judgment may be entered in any court of competent jurisdiction.
• You and Dinevate will share arbitration fees as determined by AAA rules, but Dinevate will pay your fees if they exceed the cost of filing a lawsuit.
• Each party is responsible for their own attorneys' fees unless the arbitrator awards them.
Class Action Waiver. You and Dinevate agree that any arbitration or legal proceeding will be conducted only on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action against Dinevate.
Small Claims Court. Either party may bring an individual action in small claims court instead of arbitration if the claim qualifies.
Opt-Out Right. You have the right to opt out of this arbitration agreement by sending a written notice to info@dinevate.com within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Dinevate may pursue disputes in court.
Exception for IP Claims. Either party may seek injunctive or other equitable relief in court to protect intellectual property rights, without first engaging in arbitration.
17. GOVERNING LAW
These Terms and your use of the Platform are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
Any disputes not subject to arbitration (as described above) will be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction and venue of those courts.
18. MODIFICATIONS TO THESE TERMS
Right to Update Terms. We may revise these Terms at any time by posting updated Terms on the Platform and updating the "Last Updated" date at the top of this page.
Notification of Changes. We will notify you of material changes by email (if you have provided one) or by a prominent notice on the Platform. For non-material changes, continued use of the Platform after the changes take effect constitutes your acceptance of the revised Terms.
Your Options. If you do not agree to the revised Terms, you must stop using the Platform and may delete your account.
We encourage you to review these Terms periodically to stay informed of any updates.
19. CALIFORNIA RESIDENTSCalifornia Consumer Notice. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Provider: Dinevate LLC, 106 Kent Court, West Chester, PA 19380
Complaints: If you have a complaint or question regarding the Platform, please contact us at info@dinevate.com. If your complaint is not satisfactorily resolved, you may contact:
Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone: (800) 952-5210 or (916) 445-1254
Website: www.dca.ca.gov
California Privacy Rights. California residents have additional rights under the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for details on your California privacy rights, including rights to access, delete, and opt out of the sale of personal information. 20. CONTACT INFORMATION
Questions or Concerns? If you have any questions, complaints, or concerns about these Terms or the Platform, please contact us:
Dinevate LLC
106 Kent Court
West Chester, PA 19380
United States
Email: info@dinevate.com
For Order Issues: Please contact the Restaurant directly using the contact information on your order receipt or in your order confirmation email. Dinevate customer support can assist in facilitating communication but cannot guarantee refunds or resolve food quality issues.
By using the Dinevate Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.