terms & conditions

As aTRAP EATS CUSTOMER TERMS & CONDITIONS

**Effective Date:** 08/02/2022

**Last Updated:** 09/02/2026

These Customer Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and **Trap Eats, [Trap Eats LLC**, including its parents, subsidiaries, affiliates, and related entities (“Trap Eats,” “we,” “us,” or “our”).

These Terms govern your access to and use of the Trap Eats website, mobile applications, ordering platforms, marketplaces, delivery services, payment services, communications, promotions, and other products and services made available by Trap Eats (collectively, the “Services”).

By creating an account, accessing the Services, placing an order, or otherwise using Trap Eats, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not use the Services.

1. THE TRAP EATS MARKETPLACE

Trap Eats is a technology-enabled marketplace designed to connect Customers with participating restaurants, food trucks, private chefs, specialty food businesses, retailers, and other participating merchants (“Businesses”).

Trap Eats may facilitate ordering, payment processing, delivery coordination, customer support, marketing, promotions, and other marketplace services.

Unless expressly identified as a Trap Eats-owned or operated product, the food, beverages, merchandise, and other products available through the Services are supplied by independent Businesses.

Trap Eats does not generally prepare, manufacture, package, or control the food or products sold by independent Businesses.

A Business is responsible for the products it offers, including preparation, ingredients, allergens, quality, packaging, accuracy, and compliance with applicable laws.

2. ELIGIBILITY

You must be legally capable of entering into a binding agreement to use Trap Eats.

If you are under the applicable age of majority, you may only use Trap Eats with the involvement and permission of a parent or legal guardian where permitted by law.

You agree to provide accurate, current, and complete information when creating and maintaining your account.

Trap Eats may require additional information or verification when reasonably necessary to protect Customers, Businesses, Drivers, and the platform.

3. YOUR TRAP EATS ACCOUNT

You are responsible for maintaining the confidentiality of your account credentials.

You may not:

* create an account using false information;

* impersonate another person;

* create multiple accounts for fraudulent purposes;

* sell, transfer, or provide access to your account;

* use another person's account without authorization;

* manipulate promotions, credits, refunds, ratings, or other platform features;

* use the Services for unlawful purposes.

You are responsible for activity occurring through your account unless the activity resulted from Trap Eats' failure to maintain reasonable security measures.

Trap Eats may suspend, restrict, or terminate an account when we reasonably believe the account has been used fraudulently, abusively, unlawfully, or in violation of these Terms.

4. ORDERS

When you place an order through Trap Eats, you are requesting products from the applicable Business.

Submitting an order does not guarantee acceptance by the Business.

A Business may reject, modify, or cancel an order because of:

* product availability;

* operating hours;

* kitchen or staffing limitations;

* technical issues;

* suspected fraud;

* incorrect pricing;

* safety concerns;

* inability to fulfill the order;

* circumstances outside the Business's reasonable control.

Trap Eats may also cancel an order when necessary to protect the platform, Customers, Businesses, Drivers, or the public.

Once an order has been accepted and preparation has begun, cancellation may result in limited or no refund depending on the circumstances.

5. FOOD, ALLERGIES, AND SPECIAL INSTRUCTIONS

Trap Eats allows Customers to communicate dietary preferences and special instructions to Businesses.

However, Trap Eats does not guarantee that a Business can accommodate a particular allergy, dietary restriction, ingredient substitution, preparation request, or cross-contamination concern.

Customers with serious food allergies or medical dietary restrictions are responsible for communicating directly with the Business and determining whether an item is appropriate for them.

Trap Eats is not responsible for allergic reactions, foodborne illness, contamination, inaccurate ingredient information, or other harm arising from food prepared or supplied by an independent Business, except to the extent caused by Trap Eats' own negligence or other liability that cannot legally be excluded.

6. PRICES AND FEES

Prices displayed through Trap Eats may differ from prices offered directly by a Business.

Your checkout total may include:

* the price of products;

* applicable taxes;

* delivery fees;

* service or customer fees;

* other disclosed charges;

* applicable promotional adjustments.

Trap Eats currently utilizes a customer fee structure that may include a platform/customer fee. Fees may vary by market, order, delivery distance, promotions, product type, or other factors.

Trap Eats may modify fees and pricing structures in the future.

The applicable charges presented before you submit your order will generally constitute the charges applicable to that order.

7. PAYMENT

You authorize Trap Eats and its payment processors to charge your selected payment method for approved orders and applicable fees.

Payments may be processed through third-party payment providers.

You agree not to use fraudulent, stolen, unauthorized, or otherwise invalid payment methods.

If a payment is reversed, declined, disputed, or otherwise not successfully collected, Trap Eats may seek to recover the amount owed and may restrict your account.

8. DELIVERY

Trap Eats may facilitate delivery through independent Drivers/Delivery Partners.

Delivery estimates are estimates only and are not guaranteed.

Delivery times may be affected by:

* restaurant preparation times;

* traffic;

* weather;

* Driver availability;

* inaccurate addresses;

* Customer unavailability;

* road closures;

* technical issues;

* demand;

* circumstances outside Trap Eats' control.

Customers are responsible for providing accurate delivery information and ensuring that the delivery location is reasonably accessible.

9. CUSTOMER RESPONSIBILITIES DURING DELIVERY

You agree to provide a safe and reasonable delivery environment.

You may not threaten, harass, assault, intimidate, discriminate against, or otherwise abuse a Driver, Business employee, Trap Eats representative, or other platform participant.

You may not intentionally provide a false address or location to obtain a fraudulent delivery, refund, promotion, or other benefit.

Trap Eats may suspend or terminate accounts for abusive or unsafe conduct.

10. DELIVERY COMPLETION

An order may be considered completed when it has been delivered to the address or location provided by the Customer, placed in a designated delivery location, or otherwise reasonably delivered in accordance with the Customer's instructions.

Trap Eats is not responsible for loss, theft, damage, or deterioration occurring after an order has been reasonably delivered, except where caused by Trap Eats' own negligence or other liability that cannot legally be excluded.

11. REFUNDS, CREDITS, AND ORDER DISPUTES

If your order is missing, materially incorrect, damaged, or otherwise does not meet reasonable expectations, you should report the issue through Trap Eats customer support as soon as reasonably possible.

Trap Eats may, in its discretion, issue:

* a refund;

* partial refund;

* account credit;

* replacement;

* other appropriate resolution.

Refunds are not guaranteed for every complaint.

Trap Eats may investigate repeated or suspicious refund requests.

Abuse of the refund system—including false claims, fraudulent photographs, fraudulent payment disputes, or repeated inaccurate complaints—may result in account suspension or termination.

12. TIPS

Where tipping is offered, Customers may voluntarily provide a tip to the Driver.

Tips are intended for the Driver responsible for the applicable delivery, subject to applicable law and Trap Eats' payment procedures.

Trap Eats does not represent that a tip is required to use the Services.

13. PROMOTIONS AND CREDITS

Trap Eats may offer promotional codes, discounts, referral credits, loyalty programs, or other incentives.

Promotions may be subject to additional terms.

Unless otherwise stated:

* promotions have no cash value;

* promotions may not be duplicated or transferred;

* promotions may not be combined;

* promotions may expire;

* Trap Eats may cancel promotions obtained through fraud, abuse, or technical error.

14. RATINGS AND REVIEWS

Trap Eats may allow Customers to rate Businesses and Drivers.

Ratings and reviews must be honest and based on your actual experience.

You may not:

* purchase or sell reviews;

* submit reviews for orders you did not place;

* manipulate ratings;

* threaten someone to obtain a favorable rating;

* post knowingly false information;

* use ratings to harass or discriminate against another person.

Trap Eats may remove content that violates these Terms or applicable law.

15. CUSTOMER CONTENT

You may submit photographs, reviews, comments, videos, feedback, or other content through the Services (“Customer Content”).

You retain ownership of Customer Content.

However, by submitting Customer Content, you grant Trap Eats a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, display, distribute, modify, and publish that content for purposes related to operating, marketing, improving, and promoting Trap Eats.

You represent that you have the rights necessary to provide the content and that the content does not violate another person's rights.

16. TRAP EATS COMMUNICATIONS

By creating an account, you agree that Trap Eats may communicate with you regarding:

* orders;

* deliveries;

* account activity;

* customer support;

* security;

* promotions;

* platform updates;

* other Services.

Where required by law, promotional communications will provide appropriate opt-out mechanisms.

17. FUTURE TRAP EATS SERVICES

Trap Eats is intended to evolve beyond traditional food delivery.

Future Services may include, without limitation:

* Trap Eats-owned food brands;

* ghost kitchens;

* delivery-only concepts;

* Trap Eats retail products;

* Trap Eats-branded products;

* specialty food products;

* social commerce features;

* personalized recommendations;

* artificial intelligence-powered ordering and discovery;

* loyalty programs;

* advertising and promotional services;

* additional categories of merchants and products.

Additional terms may apply to particular Services.

18. ARTIFICIAL INTELLIGENCE AND PERSONALIZATION

Trap Eats may introduce technology that uses artificial intelligence, machine learning, automated recommendations, or conversational interfaces to help Customers discover products or place orders.

AI-generated recommendations are intended to assist Customers and do not constitute medical, nutritional, allergy, or professional advice.

Customers remain responsible for reviewing their orders before submission.

Trap Eats does not guarantee that AI-generated recommendations will be complete, accurate, or appropriate for every Customer.

19. PROHIBITED USE

You may not use Trap Eats to:

* violate applicable law;

* commit fraud;

* interfere with platform operations;

* access accounts or data without authorization;

* reverse engineer the platform;

* introduce malicious software;

* scrape or copy platform data without permission;

* manipulate orders;

* abuse promotions;

* harass or threaten users;

* submit false information;

* exploit technical errors;

* circumvent platform security.

20. INTELLECTUAL PROPERTY

Trap Eats and its licensors own all rights in the Trap Eats name, trademarks, logos, software, designs, interfaces, content, technology, and other intellectual property except third-party materials.

Nothing in these Terms grants you ownership of Trap Eats intellectual property.

You may not use the Trap Eats name, logo, branding, or other intellectual property without written permission.

21. THIRD-PARTY SERVICES

Trap Eats may rely on third parties for payment processing, mapping, communications, hosting, analytics, identity verification, technology infrastructure, marketing, and other services.

Third-party services may be governed by their own terms and privacy policies.

22. DISCLAIMERS

To the maximum extent permitted by law, the Services are provided on an “as available” and “as is” basis.

Trap Eats does not guarantee that:

* the Services will always be available;

* every Business will be available;

* every menu item will be available;

* delivery times will be exact;

* product descriptions will always be error-free;

* the Services will be uninterrupted or error-free.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

23. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Trap Eats will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the Services.

To the maximum extent permitted by law, Trap Eats' total liability arising from the Services will be limited to the greater of:

(a) the amount you paid to Trap Eats during the six months preceding the event giving rise to the claim; or

(b) $100.

This limitation does not apply where prohibited by law or to liability that cannot legally be limited.

24. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Trap Eats and its affiliates, officers, directors, employees, agents, and representatives from claims, damages, losses, liabilities, costs, and expenses arising from:

* your violation of these Terms;

* your unlawful conduct;

* your misuse of the Services;

* your violation of another person's rights;

* fraudulent activity associated with your account.

25. ACCOUNT SUSPENSION OR TERMINATION

Trap Eats may suspend, restrict, or terminate your account if we reasonably believe you have:

* violated these Terms;

* engaged in fraud;

* abused refunds or promotions;

* threatened or harmed another user;

* violated applicable law;

* interfered with the platform;

* created a safety or security risk.

You may stop using the Services at any time.

Sections that by their nature should survive termination will survive termination.

26. DISPUTE RESOLUTION AND ARBITRATION

Except where prohibited by applicable law, disputes between you and Trap Eats relating to the Services or these Terms shall be resolved through individual binding arbitration rather than through a class action or jury trial, subject to the procedures and exceptions described in this section.

You and Trap Eats agree that claims may only be brought individually and not as part of a class, collective, consolidated, or representative action, except where such waiver is prohibited by law.

You may have a limited period after accepting these Terms to opt out of arbitration by following the procedure specified by Trap Eats.

Nothing in this section prevents either party from seeking emergency injunctive relief where legally available.

27. GOVERNING LAW

These Terms shall be governed by the laws of the State of Ohio, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

28. CHANGES TO THESE TERMS

Trap Eats may modify these Terms from time to time.

Material changes may be communicated through the Services, email, or other reasonable methods.

Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms to the extent permitted by law.

29. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

30. ENTIRE AGREEMENT

These Terms, together with the Trap Eats Privacy Policy and any applicable additional terms, constitute the agreement governing your use of the Services.

31. CONTACT

Questions regarding these Terms may be directed to:

Trap Eats LLC

support@trapeats.co

614-568-3628

CUSTOMER ACKNOWLEDGMENT

By selecting “I Agree,” creating a Trap Eats account, placing an order, or otherwise using the Services, you acknowledge that you have read and agree to these Customer Terms & Conditions and the Trap Eats Privacy Policy.

customer, you agree to provide accurate delivery information and to enjoy your food responsibly. Remember, sharing is caring, but only if you want to! Our delivery service is here to bring the taste to your doorstep, but we can't be responsible for any food fights that may ensue.

# TRAP EATS BUSINESS / MERCHANT AGREEMENT

**Effective Date:** 08/02/2022

**Last Updated:** 09/02/2026

This Business / Merchant Agreement (“Agreement”) is entered into between **Trap Eats, Trap Eats LLC** (“Trap Eats,” “we,” “us,” or “our”) and the restaurant, food truck, private chef, food business, retailer, ghost kitchen, or other business accepting this Agreement (“Business,” “Merchant,” “you,” or “your”).

By registering a Business account, signing up for Trap Eats, accepting orders, using the Business Dashboard, or otherwise participating in the Trap Eats marketplace, you agree to this Agreement.

1. THE TRAP EATS MARKETPLACE

Trap Eats operates a technology-enabled marketplace connecting Customers with participating Businesses and independent Delivery Partners.

Trap Eats may provide:

* marketplace exposure;

* online ordering;

* payment processing;

* customer communication;

* delivery coordination;

* promotional opportunities;

* customer support;

* business analytics;

* marketplace technology;

* marketing services;

* other technology-enabled services.

Trap Eats may expand the Services to include additional categories, products, and business models.

2. BUSINESS ELIGIBILITY

You represent and warrant that:

* you are legally authorized to operate your business;

* you have authority to enter into this Agreement;

* information provided to Trap Eats is accurate;

* you possess required licenses and permits;

* your business complies with applicable laws;

* your products may legally be sold through the Services.

Trap Eats may require documentation demonstrating eligibility.

3. BUSINESS ACCOUNT

You are responsible for maintaining accurate account information.

You must promptly update:

* business name;

* address;

* phone number;

* email;

* hours;

* menu;

* pricing;

* ownership information;

* payment information;

* licenses;

* other material information.

You may not permit unauthorized individuals to access administrative features.

4. MENU AND PRODUCT INFORMATION

You are responsible for providing accurate information regarding products offered through Trap Eats.

This includes, where applicable:

* product names;

* descriptions;

* ingredients;

* prices;

* sizes;

* options;

* photographs;

* allergens;

* availability;

* preparation times.

You must promptly notify Trap Eats when information changes.

Trap Eats may modify formatting or presentation of Business information for purposes of displaying it through the platform.

5. FOOD SAFETY AND PRODUCT RESPONSIBILITY

The Business is solely responsible for the preparation, manufacture, storage, packaging, labeling, quality, and safety of products it sells, except to the extent Trap Eats itself is legally responsible.

You agree to comply with all applicable:

* health regulations;

* food safety requirements;

* sanitation requirements;

* allergen disclosure requirements;

* labeling requirements;

* licensing requirements;

* local, state, and federal laws.

You must immediately notify Trap Eats of any known or suspected food safety issue, recall, health department action, contamination issue, or other circumstance that may affect Customers.

6. ALLERGENS

Businesses are responsible for accurately identifying known allergens and responding appropriately to Customer dietary inquiries.

Trap Eats may provide tools for Customers to communicate dietary preferences and requests.

Trap Eats does not guarantee that a Business can prevent cross-contact or accommodate a particular allergy.

The Business remains responsible for its food preparation and allergen practices.

7. ORDER ACCEPTANCE

Businesses are responsible for monitoring incoming orders during their stated operating hours.

When an order is accepted, the Business agrees to make commercially reasonable efforts to prepare the order accurately and within the estimated preparation time.

A Business may not routinely accept orders it knows it cannot fulfill.

8. BUSINESS OPERATING HOURS

Businesses must maintain accurate operating hours within the Trap Eats system.

Businesses should promptly update Trap Eats regarding:

* temporary closures;

* holidays;

* staffing issues;

* kitchen closures;

* menu changes;

* unexpected circumstances.

Repeated failure to maintain accurate availability may result in reduced marketplace visibility, temporary suspension, or termination.

9. ORDER PREPARATION

Businesses are responsible for:

* preparing the correct products;

* including requested modifications where reasonably possible;

* packaging orders appropriately;

* ensuring orders are complete;

* securely sealing orders when appropriate;

* labeling orders accurately;

* making orders available for pickup.

10. PACKAGING

Businesses must package products in a manner reasonably appropriate for transportation.

Businesses are responsible for packaging that prevents reasonably foreseeable spills, contamination, damage, or deterioration.

Trap Eats may establish packaging standards for certain product categories.

11. DRIVER PICKUP

When a Driver arrives to collect an order, the Business should make the order available within a reasonable timeframe.

Businesses should not intentionally delay Drivers.

If an order is unavailable, incorrect, or materially delayed, the Business should promptly communicate with Trap Eats or follow the applicable support procedure.

12. MARKETPLACE COMMISSION

Trap Eats may charge a marketplace commission on orders generated through the Services.

Unless otherwise agreed in writing, the standard Trap Eats marketplace commission is currently **17.5% of the Business's applicable order subtotal**, subject to the applicable pricing schedule and any legally required adjustments.

The exact commission base may be further defined in the Business onboarding documentation or applicable order form.

Trap Eats may establish different rates for specific programs, markets, products, promotional arrangements, or strategic partnerships.

13. CUSTOMER FEES

Trap Eats may charge Customers separate delivery, service, platform, or other fees.

Customer fees are generally separate from the Business's marketplace commission.

Trap Eats may modify Customer fees in accordance with applicable law and its customer terms.

14. DRIVER FEES

Trap Eats may collect a Driver-related platform fee from the Driver's compensation.

Businesses acknowledge that Driver compensation is a separate component of the Trap Eats marketplace economics and is not generally deducted from the Business's marketplace commission except as expressly stated in the applicable pricing agreement.

15. PAYMENT PROCESSING

Trap Eats may process Customer payments through third-party payment processors.

The Business authorizes Trap Eats and its payment-processing providers to facilitate collection and settlement of amounts associated with Business orders.

Applicable payment-processing expenses, refunds, chargebacks, adjustments, taxes, and other amounts may be reflected in Business settlements as disclosed through the platform or applicable agreement.

16. BUSINESS PAYOUTS

Trap Eats will remit amounts owed to the Business according to the applicable settlement schedule.

Trap Eats may delay, withhold, offset, or adjust payments where reasonably necessary to address:

* refunds;

* chargebacks;

* fraudulent transactions;

* duplicate payments;

* pricing errors;

* unauthorized transactions;

* compliance investigations;

* amounts owed to Trap Eats;

* other legitimate payment discrepancies.

Nothing in this provision authorizes withholding prohibited by applicable law.

17. CUSTOMER REFUNDS

Trap Eats may issue refunds or credits to Customers for legitimate order issues.

Where the issue is attributable to the Business, Trap Eats may allocate the associated amount against the Business's settlement where permitted by applicable law and the applicable pricing arrangement.

Examples may include:

* missing items;

* incorrect items;

* materially incorrect orders;

* Business cancellation;

* food quality issues;

* packaging failures.

Trap Eats may establish reasonable procedures for determining responsibility.

18. CANCELLATIONS

Businesses should not cancel accepted orders except when reasonably necessary.

Repeated cancellations may negatively affect marketplace visibility and may result in suspension or termination.

Trap Eats may charge or recover amounts associated with Business-caused cancellations where permitted under the applicable agreement and law.

19. CUSTOMER DATA

Businesses may receive limited Customer information necessary to fulfill orders.

Customer information is confidential.

Businesses may use Customer information only for legitimate order fulfillment, customer service, and other purposes expressly authorized by Trap Eats and applicable law.

Businesses may not:

* sell Customer information;

* create unauthorized marketing lists;

* contact Customers outside authorized purposes;

* solicit Customers away from Trap Eats using information obtained through Trap Eats;

* share Customer information with unauthorized third parties.

20. NO CIRCUMVENTION

A Business may independently market itself; however, information obtained through Trap Eats may not be used to intentionally circumvent Trap Eats' marketplace relationship.

For example, a Business may not use Customer contact information obtained through Trap Eats to intentionally redirect customers away from Trap Eats for the purpose of avoiding applicable Trap Eats fees.

This section does not prohibit Customers and Businesses from having lawful relationships that existed independently of Trap Eats.

21. BUSINESS MARKETING AND BRANDING

You grant Trap Eats a non-exclusive license to use your business name, trademarks, logos, photographs, menu information, product information, and other materials supplied by you for purposes of operating, marketing, advertising, and promoting the Services.

You represent that you have the authority to grant this license.

Trap Eats may feature participating Businesses in:

* marketplace listings;

* social media;

* advertisements;

* email marketing;

* promotional materials;

* press materials;

* marketplace campaigns.

22. PROMOTIONS

Trap Eats may offer promotions involving participating Businesses.

The financial responsibility for a promotion will depend on the applicable promotion terms.

Trap Eats will not intentionally impose promotional costs on a Business where the Business has not agreed to bear those costs, except as otherwise expressly authorized by the applicable agreement.

23. RATINGS AND REVIEWS

Customers may rate Businesses.

Businesses may not manipulate, purchase, incentivize, or fraudulently influence ratings.

Businesses may not retaliate against Customers for negative reviews.

Trap Eats may remove content that violates applicable policies or law.

24. INTELLECTUAL PROPERTY

You retain ownership of your Business intellectual property.

You grant Trap Eats a license to use Business content necessary to operate and promote the marketplace.

Trap Eats retains ownership of:

* Trap Eats trademarks;

* software;

* platform architecture;

* interfaces;

* proprietary systems;

* marketplace data;

* analytics systems;

* platform-generated materials.

Nothing in this Agreement transfers ownership of Trap Eats intellectual property to the Business.

25. MARKETPLACE DATA

Trap Eats may collect and analyze information concerning marketplace activity, including:

* orders;

* transactions;

* product performance;

* customer interactions;

* delivery information;

* marketplace activity;

* operational metrics.

Trap Eats may use aggregated or de-identified information to operate, improve, analyze, market, and develop its Services.

26. TRAP EATS-OWNED BRANDS

Trap Eats may develop, acquire, operate, license, or distribute its own food, beverage, retail, ghost kitchen, delivery-only, or other brands.

Businesses acknowledge that participation in the Trap Eats marketplace does not grant exclusivity against Trap Eats-owned or affiliated concepts unless expressly agreed in writing.

27. FUTURE TECHNOLOGY

Trap Eats may introduce:

* AI-powered ordering;

* personalized recommendations;

* conversational ordering;

* social commerce;

* augmented menus;

* loyalty programs;

* advertising tools;

* analytics;

* new marketplace categories;

* new customer acquisition tools.

Additional terms may apply to new products.

28. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

* your business is legally authorized to operate;

* your products comply with applicable laws;

* your information is accurate;

* you have rights to sell the products listed;

* your menu information is accurate;

* your intellectual property does not knowingly infringe another person's rights;

* you maintain required licenses and permits.

29. INSURANCE

Businesses are responsible for maintaining insurance appropriate for their operations and as required by applicable law.

Depending on the Business type, this may include commercial general liability, workers' compensation, commercial auto, product liability, or other applicable coverage.

Trap Eats may request proof of insurance.

30. INDEMNIFICATION

To the maximum extent permitted by law, the Business agrees to defend, indemnify, and hold harmless Trap Eats and its affiliates, officers, directors, employees, agents, and representatives from claims, damages, liabilities, costs, and expenses arising from:

* the Business's products;

* food safety issues;

* Business negligence or misconduct;

* violation of law;

* violation of this Agreement;

* infringement of third-party rights;

* Business employees or contractors;

* Business premises;

* inaccurate product information.

This provision does not require indemnification for losses caused by Trap Eats' own negligence or conduct to the extent prohibited by law.

# 31. PLATFORM ACCESS AND SUSPENSION

Trap Eats may temporarily suspend or terminate a Business's access to the platform for:

* fraud;

* food safety concerns;

* illegal activity;

* repeated order failures;

* excessive cancellations;

* customer safety concerns;

* payment issues;

* misuse of Customer information;

* violation of this Agreement;

* failure to maintain required licenses;

* conduct that materially harms the Trap Eats marketplace.

Where appropriate, Trap Eats may provide a Business with notice and an opportunity to appeal.

32. CONFIDENTIALITY

Each party agrees to protect confidential information received from the other party.

Confidential information does not include information that:

* is publicly available;

* was independently known;

* is lawfully received from another source;

* is independently developed.

Confidentiality obligations survive termination where appropriate.

33. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Trap Eats will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.

Trap Eats' total liability under this Agreement shall be limited to the maximum extent permitted by applicable law and, where legally enforceable, the fees paid or payable to Trap Eats by the Business during the preceding six months.

Nothing in this Agreement excludes liability that cannot legally be excluded.

34. DISPUTE RESOLUTION

Except where prohibited by applicable law, disputes arising under this Agreement shall be resolved through individual binding arbitration.

The Agreement shall include legally compliant procedures governing arbitration, venue, applicable rules, and any available opt-out procedure.

Class, collective, or representative proceedings shall be waived to the extent legally permitted.

35. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Ohio except where applicable law requires otherwise.

36. CHANGES TO THIS AGREEMENT

Trap Eats may update this Agreement from time to time.

Material changes may be communicated through the Business Dashboard, email, or other reasonable means.

Continued participation in the marketplace after the effective date of updated terms constitutes acceptance to the extent permitted by law.

37. RELATIONSHIP OF THE PARTIES

Nothing in this Agreement creates a partnership, joint venture, franchise, employment relationship, or agency relationship between Trap Eats and the Business unless expressly agreed in writing.

The Business remains an independent business responsible for its own operations.

38. SEVERABILITY

If any provision is found unenforceable, the remaining provisions remain effective.

39. ENTIRE AGREEMENT

This Agreement, applicable pricing schedules, order forms, addenda, platform policies, and other written agreements between Trap Eats and the Business constitute the agreement governing the Business's participation in the marketplace.

40. BUSINESS ACKNOWLEDGMENT

By selecting “I Agree,” creating a Business account, accepting orders, or continuing to participate in the Trap Eats marketplace, the Business acknowledges that it has read, understood, and agreed to this Business / Merchant Agreement.

Trap Eats LLC

support@trapeats.co

614-568-3628

TRAP EATS DRIVER / DELIVERY PARTNER AGREEMENT

**Effective Date:** 08/02/2022

**Last Updated:** 09/02/2026

This Driver / Delivery Partner Agreement (“Agreement”) is entered into between **Trap Eats, Trap Eats LLC (“Trap Eats,” “we,” “us,” or “our”) and the individual or business entity accepting this Agreement (“Driver,” “Delivery Partner,” “you,” or “your”).

By registering as a Trap Eats Driver, accessing the Driver application, accepting delivery opportunities, or performing deliveries through Trap Eats, you agree to this Agreement.

1. THE TRAP EATS DRIVER MODEL

Trap Eats operates a technology platform that connects Customers, Businesses, and independent Delivery Partners.

Trap Eats does not generally employ Drivers to perform deliveries.

Unless otherwise expressly agreed in a separate written agreement, you are an **independent contractor** and operate an independently established delivery business.

You are responsible for determining how, when, where, and whether you perform delivery opportunities made available through the Trap Eats platform, subject to applicable law and platform safety requirements.

2. NO GUARANTEE OF WORK

Trap Eats does not guarantee:

* a minimum number of delivery opportunities;

* a minimum number of hours;

* a minimum amount of earnings;

* a particular delivery area;

* a particular number of orders.

You may decide whether to accept or decline available delivery opportunities, subject to applicable law and platform policies.

3. INDEPENDENT CONTRACTOR RELATIONSHIP

You acknowledge that you are not an employee, partner, joint venturer, franchisee, or agent of Trap Eats solely by using the platform or performing delivery services.

You are responsible for:

* your own taxes;

* licenses;

* permits;

* insurance;

* vehicle expenses;

* fuel;

* maintenance;

* equipment;

* mobile phone;

* data service;

* business expenses;

* compliance with applicable laws.

Nothing in this Agreement is intended to waive any rights that cannot legally be waived or alter any classification required by applicable law.

4. ELIGIBILITY

To become and remain a Trap Eats Driver, you must satisfy applicable eligibility requirements.

Trap Eats may require:

* valid government-issued identification;

* driver's license;

* vehicle information;

* insurance information;

* background screening;

* identity verification;

* other legally permitted verification.

You must provide accurate and current information.

You may not provide false information or attempt to bypass eligibility requirements.

5. PERSONAL ACCOUNT REQUIREMENT

Your Driver account belongs exclusively to you unless Trap Eats expressly authorizes an alternative arrangement in writing.

You may not:

* rent your account;

* sell your account;

* permit another person to use your account;

* allow another person to perform deliveries under your identity;

* provide login credentials to another person.

Trap Eats may require periodic identity verification.

6. VEHICLE AND EQUIPMENT

You are responsible for ensuring that the vehicle used for deliveries is legally registered, properly maintained, safe to operate, and appropriate for the deliveries you accept.

You are responsible for any vehicle-related costs.

You must comply with all applicable traffic, transportation, parking, licensing, and safety laws.

7. INSURANCE

You are responsible for maintaining insurance required by applicable law and appropriate for your vehicle and delivery activities.

Trap Eats may require proof of insurance.

Nothing in this Agreement guarantees that Trap Eats provides insurance coverage for you, your vehicle, your passengers, your property, or third parties.

You should review your insurance policy to determine whether it covers delivery activity.

8. DELIVERY OPPORTUNITIES

Trap Eats may present delivery opportunities through the Driver application.

A delivery opportunity may include:

* pickup location;

* delivery location;

* estimated distance;

* estimated compensation;

* order information;

* applicable delivery instructions.

You may accept or decline opportunities subject to applicable law.

Once you accept an opportunity, you agree to make reasonable efforts to complete it safely and in accordance with platform requirements.

9. DRIVER COMPENSATION

Compensation for delivery opportunities may include amounts paid by Trap Eats and/or amounts designated as Customer tips, subject to applicable law and the applicable compensation structure.

Trap Eats may use different compensation structures by market, order type, promotional period, distance, demand, or other lawful factors.

Any applicable Driver platform fee or other deduction will be disclosed through the platform or applicable agreement.

Trap Eats may establish minimum payout policies or incentives from time to time.

10. TIPS

Customers may voluntarily provide tips.

Tips are intended for Drivers, subject to applicable law and Trap Eats' payment procedures.

Trap Eats will not intentionally use Customer tips to satisfy a Trap Eats obligation to pay compensation where prohibited by law.

11. PAYMENTS

Driver payments may be processed through third-party payment providers.

You are responsible for providing accurate payment information.

Payment timing may vary based on processing requirements, banking systems, verification, disputes, adjustments, and other factors.

Trap Eats may withhold or adjust payments when reasonably necessary to investigate fraud, duplicate payments, technical errors, chargebacks, or other legitimate payment issues, subject to applicable law.

12. DELIVERY STANDARDS

When accepting a delivery, you agree to:

* pick up the correct order;

* handle food and products carefully;

* keep orders reasonably secure;

* avoid unnecessary delays;

* follow reasonable delivery instructions;

* deliver to the correct location;

* communicate appropriately with Customers and Businesses;

* comply with applicable laws.

13. FOOD SAFETY

You must handle food and other products in a manner reasonably designed to protect their safety and integrity.

You may not:

* open sealed food containers without authorization;

* consume Customer food;

* intentionally contaminate an order;

* smoke around food;

* transport food in an unsafe manner;

* intentionally alter an order;

* knowingly deliver food that has been compromised.

You must comply with applicable food-handling and transportation requirements.

14. CUSTOMER INTERACTION

Drivers are expected to treat Customers respectfully.

You may not:

* threaten;

* harass;

* assault;

* intimidate;

* discriminate against;

* stalk;

* sexually harass;

* retaliate against;

* threaten retaliation against;

a Customer, Business employee, Trap Eats employee, or another Driver.

You may not request personal or romantic relationships with Customers as a condition of delivery.

15. BUSINESS INTERACTION

You must treat Businesses and their employees respectfully.

You may not interfere with Business operations or intentionally create unnecessary disruption.

If an order is unavailable, delayed, incorrect, or otherwise problematic, you should follow the applicable Trap Eats support process.

16. CUSTOMER PRIVACY

Customer information made available to you through Trap Eats is confidential.

You may only use Customer information to complete the applicable delivery and provide authorized delivery-related communications.

You may not:

* save Customer addresses for personal use;

* contact Customers after delivery without legitimate authorization;

* sell Customer information;

* share Customer information;

* photograph Customer information for personal use;

* use Customer information for marketing;

* stalk or monitor Customers.

These obligations survive termination of your relationship with Trap Eats.

17. DELIVERY PHOTOS AND PROOF OF DELIVERY

Trap Eats may require photographs, delivery confirmation, GPS information, timestamps, or other information to verify completion of deliveries.

Any photograph or information collected through the Driver application must be used only for legitimate delivery and platform purposes.

18. SAFETY

Safety takes priority over delivery speed.

You should not violate traffic laws or drive unsafely to complete a delivery.

Trap Eats does not require you to speed, drive recklessly, use a mobile device unlawfully, or violate applicable safety laws.

You are responsible for determining whether a delivery can be safely completed.

19. ALCOHOL, CONTROLLED, AND RESTRICTED PRODUCTS

Trap Eats may restrict or prohibit the delivery of alcohol, tobacco, controlled substances, weapons, illegal products, or other regulated items.

You may not accept or deliver a restricted product unless Trap Eats expressly authorizes the delivery and you satisfy all applicable legal requirements.

Trap Eats may implement additional identity verification, age verification, or delivery procedures where required.

20. FRAUD AND PLATFORM ABUSE

You may not:

* manipulate GPS information;

* create fraudulent orders;

* intentionally delay orders;

* falsely claim delivery completion;

* accept orders you do not intend to complete;

* manipulate payment systems;

* create duplicate accounts;

* share accounts;

* manipulate ratings;

* falsify delivery information;

* collude with Customers or Businesses;

* engage in theft.

Fraud may result in immediate account suspension, termination, payment adjustment, and referral to law enforcement where appropriate.

21. DRIVER CONTENT

If you submit photographs, videos, reviews, feedback, or other content to Trap Eats, you grant Trap Eats a license to use that content for operating, improving, marketing, and promoting the Services, subject to applicable law.

You represent that you have the right to provide such content.

22. TECHNOLOGY

Trap Eats provides technology intended to facilitate delivery opportunities.

Trap Eats does not guarantee that the Driver application or platform will always operate without interruption.

You acknowledge that technology may experience:

* outages;

* errors;

* GPS inaccuracies;

* delayed notifications;

* connectivity problems;

* maintenance;

* technical failures.

You remain responsible for complying with applicable law while using the platform.

23. DEACTIVATION AND PLATFORM ACCESS

Trap Eats may temporarily suspend or permanently terminate your access to the platform when reasonably necessary because of:

* safety concerns;

* fraud;

* identity issues;

* account sharing;

* criminal conduct;

* repeated violations;

* customer safety complaints;

* Business complaints;

* platform abuse;

* violation of this Agreement;

* failure to satisfy eligibility requirements;

* applicable legal requirements.

Where appropriate, Trap Eats may provide an opportunity to appeal a platform-access decision.

24. NO RETALIATION

You may not retaliate against a Customer, Business, or Trap Eats representative for making a complaint, reporting safety concerns, submitting a rating, or participating in an investigation.

25. DRIVER RESPONSIBILITY FOR TAXES

You are solely responsible for determining and satisfying your federal, state, and local tax obligations arising from your delivery activities.

Trap Eats may provide tax forms where legally required.

26. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Trap Eats and its affiliates, officers, directors, employees, agents, and representatives from claims, damages, losses, liabilities, and expenses arising from:

* your negligent or unlawful conduct;

* your violation of this Agreement;

* your operation of a vehicle;

* your violation of another person's rights;

* your failure to maintain required licenses or insurance;

* your misuse of Customer information.

27. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Trap Eats will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the platform.

Trap Eats' liability will be limited to the maximum extent permitted by applicable law.

Nothing in this Agreement excludes liability that cannot legally be excluded.

28. DISPUTE RESOLUTION AND ARBITRATION

Except where prohibited by law, disputes arising from or relating to this Agreement or your relationship with Trap Eats shall be resolved through individual binding arbitration rather than a class, collective, or representative proceeding.

The Agreement shall include a legally compliant procedure for opting out of arbitration.

Nothing in this provision is intended to waive rights that cannot legally be waived.

29. GOVERNING LAW

This Agreement shall be governed by Ohio law except where applicable law requires otherwise.

30. CHANGES

Trap Eats may update this Agreement from time to time.

Material changes may be communicated through the Driver application, email, or other reasonable means.

Continued access to the platform after the effective date of updated terms constitutes acceptance to the extent permitted by law.

31. SEVERABILITY

If any provision is determined to be unenforceable, the remaining provisions remain effective.

32. ENTIRE AGREEMENT

This Agreement, applicable platform policies, and any additional written agreements constitute the agreement between you and Trap Eats regarding your use of the Driver platform.

33. DRIVER ACKNOWLEDGMENT

By selecting “I Agree,” registering as a Trap Eats Driver, accepting a delivery opportunity, or performing delivery services through Trap Eats, you acknowledge that you have read, understood, and agreed to this Driver / Delivery Partner Agreement.

Trap Eats LLC

support@trapeats.co

614-568-3628