1.About these Terms#
These Terms of Service ("Terms") are an agreement between you and Forkfluence LLC, a North Carolina limited liability company ("Forkfluence," "we," "us," "our"). They govern your use of forkfluence.com, the Forkfluence mobile app, and everything we offer through them (the "Service").
By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Two things to flag up front, because they affect your legal rights:
- Section 20 contains a binding arbitration agreement and a waiver of class actions. It changes how disputes between us are resolved. You may opt out within 30 days.
- Sections 17 and 18 limit our liability to you.
Other agreements may also apply to you. If you sell through Forkfluence, the Merchant Terms apply. If you earn commission, the Creator Terms apply. Anything you post is covered by the Content and Media Rights Policy, and our handling of your information is covered by the Privacy Policy.
2.Definitions#
- Service
- The Forkfluence website, mobile app, and related tools and services.
- Restaurant
- A restaurant, butcher, or other merchant that lists and sells items through the Service.
- Creator
- A person approved to participate in the Forkfluence Creator Program.
- Order
- A request you submit through the Service for items from a Restaurant.
- Content
- Anything you post, upload, or submit through the Service — photos, video, captions, comments, reviews, and messages.
3.Eligibility#
You must be at least 18 years old to use the Service. By using it, you represent that you are 18 or older and legally able to enter into this agreement.
The Service takes payment card details and delivery addresses, and creators are paid through a payment provider that independently requires participants to be adults. We do not offer a version of the Service for minors, and we do not knowingly collect information from anyone under 18.
You also represent that you are not barred from using the Service under the laws of your jurisdiction, and that you are not on any applicable sanctions list.
4.Your account#
You may browse without an account, and you may place an order as a guest by giving us a name and phone number.
If you create an account, you agree to give accurate information and keep it current. You are responsible for your account credentials and for everything that happens under your account. Tell us promptly at support@forkfluence.com if you believe someone else has accessed it.
Usernames. Choose one that is not misleading or impersonating. We may reclaim a username that infringes someone's rights or impersonates a person or business. Released usernames are never reassigned to anyone else.
You may close your account at any time — see your privacy rights. We may suspend or close an account under section 16.
5.How ordering works#
Forkfluence is a marketplace. Restaurants set their own menus, decide their own prices, and prepare the food. We provide the platform you order through, and we handle the payment.
When you submit an Order you are making an offer to the Restaurant. The Order is accepted when the Restaurant accepts it, not when you tap the button. Until then, either of us may decline. We or the Restaurant may refuse or cancel an Order for reasons including unavailable items, a pricing error, a Restaurant being closed or at capacity, suspected fraud, or an address we cannot serve. If we cancel an accepted Order, you are refunded in full.
Forkfluence processes the payment for your Order and is the merchant of record for that transaction. The Restaurant prepares and provides the food.
You are responsible for the accuracy of what you submit — your address, your phone number, and your item selections. Check your order before paying.
6.Prices, taxes, and tips#
Restaurants set their own prices. A Restaurant may price items on Forkfluence differently from its dine-in menu or from other platforms, and it may change prices at any time. The price you pay is the price shown at checkout.
Your total may include the item prices, applicable sales and prepared-food taxes, a delivery fee where you choose delivery, and any tip you add. Everything is itemised at checkout before you pay. Prices are in U.S. dollars.
Taxes. Applicable sales and prepared-food taxes are calculated and collected at checkout, and remitted to the relevant authorities.
Tips. Tipping is optional and you choose the amount. Tips go to the Restaurant.
Promotions. Discounts and promotional prices are limited-time and subject to their own terms. We may end or change a promotion at any time, though not retroactively for an Order you have already placed.
7.Cancellations and refunds#
Before the Restaurant accepts, you can cancel for a full refund.
After the Restaurant accepts, it may already be cooking, so cancellation is not guaranteed. Contact us and we will work with the Restaurant.
If something is wrong — an item missing, the wrong order, food that arrived in unacceptable condition — contact us at support@forkfluence.com within 48 hours, with your order number and, where relevant, a photo. We investigate with the Restaurant and may issue a full or partial refund. Refunds go back to your original payment method and typically take 5–10 business days to appear.
Refund decisions are made case by case. Nothing here limits any refund right you have under applicable consumer protection law.
Chargebacks. Please contact us before disputing a charge with your bank — we can usually resolve it faster. We may suspend an account with a pattern of unfounded chargebacks.
8.Delivery#
Where delivery is offered, it is performed either by the Restaurant itself or by a third-party courier service we arrange on your behalf. Couriers are independent of Forkfluence and are not our employees or agents.
Delivery times are estimates, not guarantees. They depend on the Restaurant's kitchen, courier availability, traffic, and weather.
You are responsible for giving an accurate address and usable delivery instructions, and for being reachable at the phone number you provide. If a delivery fails because nobody could be reached or the address was wrong, we may not be able to refund it.
Alcohol is not sold through the Service.
9.Food safety and allergens#
Restaurants prepare the food. We do not. Forkfluence does not cook, handle, package, or inspect any item. The Restaurant is solely responsible for food safety, preparation, hygiene, labelling, and compliance with food and health regulations.
Allergen information comes from the Restaurant and we cannot verify it. Menu descriptions, ingredient lists, and dietary labels are supplied by the Restaurant and may be incomplete or out of date. Restaurants prepare food in shared kitchens where cross-contact is possible.
If you have a food allergy or intolerance, do not rely on the Service. Contact the restaurant directly before ordering. Forkfluence makes no representation or warranty about the ingredients, preparation, or allergen content of any item.
Notes you add to an Order are passed to the Restaurant, but we cannot guarantee they will be seen or followed.
10.Promo codes and referrals#
Creators have referral codes. Entering one at checkout may give you a discount and credits the Creator with a commission.
- A code only counts when it is typed at checkout. Telling us elsewhere that a Creator referred you is helpful for our planning but does not credit anyone.
- Referral attribution lasts 30 days from when you follow a Creator's link.
- Codes are for personal use, are not transferable, have no cash value, and cannot be combined unless we say so.
- We may void a discount or commission obtained through fraud, self-referral, automated means, or other abuse, and may close accounts involved.
11.Acceptable use#
You agree not to:
- Use the Service for any unlawful purpose, or in violation of these Terms
- Impersonate anyone, or misrepresent your affiliation with a person or business
- Post Content that is unlawful, defamatory, harassing, hateful, threatening, obscene, or that infringes anyone's rights
- Post Content that is knowingly false about a Restaurant, its food, or its practices
- Place fraudulent Orders, use stolen payment credentials, or abuse refunds or promotions
- Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or its infrastructure
- Scrape, crawl, or use automated systems to access the Service without our written permission
- Reverse engineer or attempt to derive the source code of the Service, except where that restriction is prohibited by law
- Collect other users' personal information, or use the Service to send unsolicited messages
- Use the Service to compete with us or to build a similar product
We may investigate and take appropriate action, including removing Content, suspending accounts, and reporting conduct to law enforcement.
12.Your content#
You keep ownership of your Content. We claim no ownership of what you post.
By posting Content you grant Forkfluence a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, adapt for format, publish, distribute, and display it in connection with operating and promoting the Service — and, where your Content tags a Restaurant, you grant that Restaurant a comparable license.
The full scope, the duration, and the limits of that license are set out in the Content and Media Rights Policy, which forms part of these Terms. Read it before you post. It covers advertising use, how long the rights last, watermarking, and what we will never do.
You represent that you have the rights to everything you post, that it does not infringe anyone else's rights, and that anyone identifiable in it has consented to its use as described.
We may remove Content that violates these Terms, and we are not obliged to store or return it.
13.Our intellectual property#
The Service — including its software, design, text, graphics, and the Forkfluence name and logo — is owned by Forkfluence or its licensors and is protected by intellectual property law.
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. That license does not let you copy, modify, distribute, sell, or create derivative works from the Service, or use our name, logo, or branding without our written permission.
If you send us feedback or suggestions, we may use them freely and without obligation to you.
14.Copyright and DMCA#
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act.
To report infringement, send a written notice to support@forkfluence.com with the subject "DMCA Notice", including: your physical or electronic signature; identification of the work you say is infringed; identification of the material on the Service and enough detail to locate it; your contact details; a statement that you believe in good faith the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner.
Counter-notice. If your Content was removed and you believe that was a mistake or misidentification, you may send a counter-notice with the same contact details, identification of the removed material and where it appeared, a statement under penalty of perjury to that effect, and your consent to the jurisdiction of the federal court for your district.
Repeat infringers. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe.
15.Third-party services#
The Service depends on third parties — a payment processor, authentication, hosting, messaging, couriers, and receipt printing. Their handling of your information is described in the Privacy Policy.
The Service may link to third-party sites and content, including creators' social media profiles. We do not control them, do not endorse them, and are not responsible for them. Your dealings with a third party are between you and them.
16.Suspension and termination#
You may stop using the Service at any time and may ask us to close your account.
We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably suspect fraud or unlawful activity, if it is necessary to protect the Service or other users, or if we are required to by law. Where it is reasonable to do so, we will tell you why and give you a chance to respond.
We may also discontinue the Service, or any part of it, on reasonable notice.
On termination, your license to use the Service ends. Sections 12 through 22, and any payment obligations already incurred, survive. Content already licensed under the Media Policy remains subject to that policy's terms — see how long the license lasts.
17.Disclaimers#
The service is provided "as is" and "as available," without warranties of any kind, express or implied. To the maximum extent permitted by law, Forkfluence LLC disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any information on the service — including menus, prices, availability, images, and allergen information supplied by restaurants — is accurate, complete, or current.
Forkfluence does not prepare food and is not responsible for the quality, safety, legality, or timeliness of any item a restaurant provides, or for the acts or omissions of any restaurant, creator, or courier.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
18.Limitation of liability#
To the maximum extent permitted by law, Forkfluence LLC and its officers, members, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the service — whether based in contract, tort, negligence, strict liability, or otherwise, and whether or not we were advised of the possibility of such damages.
Our total aggregate liability for all claims relating to the service in any 12-month period shall not exceed the greater of (a) the total amount you paid to Forkfluence in that period, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you. Nothing here limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law.
19.Indemnification#
You agree to indemnify and hold harmless Forkfluence LLC and its officers, members, employees, and agents from any claim, demand, loss, liability, or expense — including reasonable attorneys' fees — arising out of your use of the Service, your Content, your breach of these Terms, or your violation of any law or of anyone else's rights.
We will notify you of any such claim and may participate in its defense with counsel of our choosing. You may not settle a claim in a way that imposes any obligation on us without our written consent.
20.Dispute resolution and arbitration#
Please read this section carefully. It affects how disputes between you and Forkfluence are resolved, and it limits the ways you can seek relief.
20.1Talk to us first
Most problems can be sorted out quickly. Before starting arbitration, send a written description of your dispute and what you want to support@forkfluence.com. We will do the same for any dispute we have with you. If it is not resolved within 60 days, either of us may start arbitration.
20.2Agreement to arbitrate
Except as stated below, you and Forkfluence agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, not in court, and not before a jury.
Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The arbitration will take place in Mecklenburg County, North Carolina, or — at your election — by telephone, videoconference, or on written submissions. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. This agreement is governed by the Federal Arbitration Act.
20.3Class action waiver
You and Forkfluence agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim shall proceed in court and the rest of this section shall remain in force.
20.4What is not covered
Either of us may bring an individual claim in small claims court, and either of us may seek injunctive relief in court to stop infringement or misuse of intellectual property.
20.5Your right to opt out
You can opt out of this arbitration agreement. Send an email to support@forkfluence.com with the subject "Arbitration Opt-Out", including your name and the email address on your account, within 30 days of first accepting these Terms.
Opting out costs you nothing. It does not affect your account, your access, or anything else in this agreement — only sections 20.2 and 20.3 stop applying to you.
21.Governing law#
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules, and by the Federal Arbitration Act where it applies.
For any dispute not subject to arbitration, you and Forkfluence consent to the exclusive jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina, and waive any objection to venue there.
22.Changes to these Terms#
We may update these Terms. The version and date at the top of this page always identify the current version.
For material changes we will give at least 14 days' notice before they take effect, by email to the address on your account, by notice in the Service, or both. Continuing to use the Service after the effective date means you accept the updated Terms. If you do not accept them, stop using the Service and close your account.
Changes do not apply retroactively to a dispute that arose before their effective date.
23.Contact#
Entire agreement. These Terms, together with the Privacy Policy and the Media Policy, are the entire agreement between you and Forkfluence about the Service. If any provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.