AGREEMENT BETWEEN USER AND KUHNSOFT, LLC (DBA FOODTRUCK.PUB / FOOD TRUCK PUB)

The Food Truck Pub Web Site is comprised of various Web pages operated by Food Truck Pub (KUHNSOFT, LLC).

The Food Truck Pub Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Food Truck Pub Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Food Truck Pub reserves the right to change the terms, conditions, and notices under which the Food Truck Pub Web Site is offered, including but not limited to the charges associated with the use of the Food Truck Pub Web Site.

BILLING

Food Truck Pub offers this free food truck ordering system on our web site and our 'Apps' for iOS and Android free of charge for Food Truck Owners. We simply charge a small $1.25 fee per order as a convenience fee (for Square and PayPal merchants on Premium Plan $0.60, Clover merchants still have $0.85 as a convenience fee when on Premium Plan) anytime a customer places an order with you. This charge is paid by the customer and not the food truck owner. There is nothing to hide and it is clear as day on their order total and subtotal that they will be charged the convenience fee. This fee is added onto the cost of the order and is transferred directly to the Food Truck Pub (KuhnSoft, LLC) Square, Clover, or PayPal account . For example, a $10.00 food order will be added on a $1.25 convenience fee for a total of $11.25 that the customer pays. $10.00 (plus any taxes you have configured) arrives into your Square or PayPal account and then $1.25 is transferred to our Food Truck Pub account. This fee is subject to change at any time as well as any fees that Square, Clover, or PayPal charges are not our responsibility and are not under the control of Food Truck Pub. It should be known that the truck may be responsible for the credit card rate on the $1.25 convenience fee. Typically, this may cost you around 2.9 cents based on your rate through processors such as Square or Clover. Any convenience fee sent to Food Truck Pub are FINAL at the time the order is placed and no refunds of our convenience fee will be made to the customer if they happen to call you and/or cancel their food order with you. Customers will see any convenience fee amount before they agree and place their order. By signing up as a Food Truck Owner, you are agreeing to allow us to charge your customers a convenience fee when orders are placed. You are also agreeing to allow us to take a parallel payment with you through Square and/or PayPal so we can collect our convenience fee from the customer as well as for Clover (you are billed monthly for our Food Truck Pub Clover app so we can reclaim our convenience fees). You are also agreeing to any fees or credit card charges that Square, Clover, or PayPal must impose and these can change over time. As a customer, you are agreeing to pay the convenience fee and not hold FoodTruckPub/KuhnSoft, LLC accountable for any missing orders or for placing orders that for whatever reason cannot be fulfilled or even if you cancel your order.

For trucks/restaurants located in the United States and using Food Truck Pub with Square, the convenience fee paid by the customer temporarily goes into your Square account and then passes over to Food Truck Pub's Square account automatically and at the time the order is placed. This will show as a Fee if you view it under Square Transactions. Just remember, the customer paid for this fee. For trucks/restaurants located outside of the United States, we will send you a monthly invoice in order to reclaim our convenience fees. When invoiced, you have 10 days to make payment and allow Food Truck Pub to recoup our convenience fee money off of you or we may terminate your service with us and seek legal means in order to receive our convenience fee money off of you.

For trucks/restaurants using Clover with Food Truck Pub, the convenience fee paid by the customer temporarily goes into your Clover account and then Clover will deduct the fees through what they refer to as Metered Billing. This occurs monthly and whatever total convenience fees were added onto the cost of the monthly orders, will be charged to you so that Food Truck Pub can recoup this money via Clover's Metered Billing. We do not support Clover outside of the United States at this point in time.

For trucks/restaurants using PayPal with Food Truck Pub, the convenience fee paid by the customer flows to Food Truck Pub through what PayPal refers as a Parallel Payment. You receive your full amount specified for your menu items and this additional $1.25 convenience fee is added to the grand total and the customer pays this fee (for Square and PayPal merchants on Premium Plan $0.60, Clover merchants $0.85 as a convenience fee when on Premium Plan). This fee passes over to us at the time the order is submitted and you receive your full amount into your PayPal account and we receive the convenience fee amount into the Food Truck Pub PayPal account. PayPal can be used internationally with Food Truck Pub.

In the case where premium add-on services are offered, upon signing up for these add-on upgrades, you agree to allow Paypal to process your payments on a recurring basis and can cancel any of these upgrades at any time by emailing us at support@foodtruck.pub. No proration amount will be offered, however you will not be billed again as long as you cancel within 48 hrs of your next billing date. All upgrade options are charged immediately on the first day of signing up and terminate immediately if and when you cancel these add-on services. Any remaining service time at the point of cancellation is forfeited in terms of functionality. Any already-paid costs whether they were paid monthly or yearly will not be refunded.

PROFIT SHARING

In some cases, Food Truck Pub offers profit sharing to businesses such as Food Trucks, Food Truck Associations, and Brick and Mortar buildings that frequently bring in food trucks such as Brew Pubs. We can also offer it to food trucks that refer their fellow food trucks. The profit sharing rate is always subject to change (currently is $0.20 per order) and there can be certain circumstances when the profit sharing amount will need to get split between one or more parties. As an example, if a Food Truck Association is linked to a particular food truck, but then that same food truck has food orders places at a Brick and Mortar business such as a Brew Pub that has also signed up for profit sharing. In this situation, both the Food Truck Association as well as the Brew Pub would end up having their amount split 50/50. Profit sharing is only paid out for orders wherein payment is taken directly in Food Truck Pub and cannot be paid out in any circumstances wherein there is a walk-up payment to a truck such as with cash or directly within the truck's POS system terminal. Electronic payout payments take place at the beginning of each month, for the accrued amounts in the previous month, as long as a minimum amount of $5.00 was accumulated (money does not roll over to the following month), and as long as you are also ACTIVELY using Food Truck Pub (if you are in fact a food truck yourself). We reserve the right to determine if you are actively using Food Truck Pub before paying you out on the basis of OTHER food trucks' activity. (This statement only applies if you're a food truck as opposed to an Association or brew pub). We will do our best to get these payments sent out in a reasonable amount of time but cannot be held liable for them reaching you late at times due to unforeseen circumstances. Your accrued amount is good for 30 days and does not carry over to the following month. (We cannot have the same situation as when you held onto all of the birthday cards your grandma gave you as a kid and then tried to cash them all at once and bankrupt us!) If you have not provided an electronics means to pay you (PayPal or Venmo are the mechanisms accepted and can be setup on your Profit Sharing Dashboard), then your payment is forfeighted by the start of the 1st day of the following month. We reserve the right to change or alter our profit sharing payouts at any time as well as set minimum or maximum payouts. Profit Sharing is considered an appreciative step that we have taken to help thank you for referring trucks to our system. If you own multiple food trucks yourself, we do not allow the linking of one of your trucks underneath the other one for profit sharing purposes. Profit sharing is meant to be for you referring other truckers to the system.

DATA/CONTENT

Food Truck Pub has the right to purge data in the system periodically as needed in order to recover disk space. We also have the right to terminate or disable your account at any time if we feel it is no longer being utilized or if you fail to properly fulfill your customer orders as they arrive to you or you fail to keep your correct food truck location updated on the map to show your proper geographic location.Upon service cancellation, your data will be purged and become inaccessible. Food Truck Pub reserves the right to alter settings and appearance of our system contained within the FoodTruck.pub domain and our 'Apps'. Screens, look and feel, and functionality may be changed at our discretion and in order to provide continuous enhancements to our systems and to our functionality. We will not ever sell your data or pin you up against your competitors... stuff like that just isn't nice. We like food and we like food trucks so we want to keep you happy! By the way... you need internet connectivity such as through some type of device such as a SmartPhone or Computer (android, iphone, tablet, ipad, PC, laptop) to be able to use our product and check and monitor your orders. We cannot be held responsible for your internet connectivity issues or for any data charges you incur while using our software. We also need to store cookies on your computer so we can remember who you are and prefill information for you as well as making ordering much easier on you! Don't worry, they're encrypted when they are passed from you to us over SSL.

LINKS TO THIRD PARTY SITES

The Food Truck Pub Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Food Truck Pub and Food Truck Pub is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Food Truck Pub is not responsible for webcasting or any other form of transmission received from any Linked Site. Food Truck Pub is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Food Truck Pub of the site or any association with its operators.

By using our Facebook App integration, you are permitting Food Truck Pub to post your information on activities to your Facebook page. You are able to revise the suggested text and confirm it prior to going active in Food Truck Pub. This integration is a benefit to you in that anytime you are taking orders using food using Food Truck Pub, your Facebook page will get posts to inform the details of when and where you will be serving food. By enabling this integration under settings, you agree to allow us to post this information and you agree that the information to be posted is in compliance with any Facebook policies concerning post content. No profanity or other misuse will be permitted and could result in the closure of your Food Truck Pub account. You are always freely available to modify or delete the post after it is posted and the post typically occurs within 10-15 minutes of you creating your event in Food Truck Pub. Food Truck Pub cannot be held liable for posting event information that you later alter or change. It is your responsibility to ensure the details are correct. If you later modify the information in Food Truck Pub, it is up to you to manually alter and update your post on Facebook to ensure accuracy of where and when you are serving food. If your truck schedule or location changes, you should manually edit your Facebook post directly in Facebook. We do NOT update your post afterwards based on you making edits to your activity in Food Truck Pub.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Food Truck Pub Web Site, you warrant to Food Truck Pub that you will not use the Food Truck Pub Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Food Truck Pub Web Site in any manner which could damage, disable, overburden, or impair the Food Truck Pub Web Site or interfere with any other party's use and enjoyment of the Food Truck Pub Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Food Truck Pub Web Sites.

USE OF COMMUNICATION SERVICES

The Food Truck Pub Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Food Truck Pub has no obligation to monitor the Communication Services. However, Food Truck Pub reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Food Truck Pub reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Food Truck Pub reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Food Truck Pub's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Food Truck Pub does not control or endorse the content, messages or information found in any Communication Service and, therefore, Food Truck Pub specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Food Truck Pub spokespersons, and their views do not necessarily reflect those of Food Truck Pub.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Food Truck Pub OR POSTED AT ANY Food Truck Pub WEB SITE

Food Truck Pub does not claim ownership of the materials you provide to Food Truck Pub (including feedback and suggestions) or post, upload, input or submit to any Food Truck Pub Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Food Truck Pub, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Food Truck Pub is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Food Truck Pub's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Food Truck Pub WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Food Truck Pub AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Food Truck Pub WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Food Truck Pub WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Food Truck Pub AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Food Truck Pub WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Food Truck Pub AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Food Truck Pub AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Food Truck Pub WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Food Truck Pub WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Food Truck Pub WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Food Truck Pub WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Food Truck Pub OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Food Truck Pub WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Food Truck Pub WEB SITE.

SERVICE CONTACT : support@foodtruck.pub
TERMINATION/ACCESS RESTRICTION

Food Truck Pub reserves the right, in its sole discretion, to terminate your access to the Food Truck Pub Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Food Truck Pub Web Site. Use of the Food Truck Pub Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Food Truck Pub as a result of this agreement or use of the Food Truck Pub Web Site. Food Truck Pub's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Food Truck Pub's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Food Truck Pub Web Site or information provided to or gathered by Food Truck Pub with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Food Truck Pub with respect to the Food Truck Pub Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Food Truck Pub with respect to the Food Truck Pub Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Food Truck Pub Web Site are: Copyright 2020 Kuhnsoft, LLC and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

PRIVACY STATEMENT

By using our site, you also agree to our PRIVACY STATEMENT which can be viewed here.

CONTACT INFORMATION

Food Truck Pub welcomes your comments regarding this agreement. If you believe that Food Truck Pub has not adhered to this Statement, please contact Food Truck Pub at info@FoodTruck.pub. Or, call us at +1 (412) 748-1025. We will use commercially reasonable efforts to promptly determine and remedy the problem.