Flash Grub™ Inc. (“Flash Grub,” “we,” “us,” or “our”) operates a mobile platform that enables food businesses to offer pre-order and surplus meals to customers in select locations. This Business Terms of Service (“Agreement”) governs the relationship between Flash Grub and food businesses, restaurants, and food service providers who partner with us (collectively, “Business Partner” or “you”). 

1. Definitions

• Platform: The Flash Grub mobile application, website, and associated technology services
• Meal: Pre-agreed food items offered by Business Partner through the Platform
• Pre-Order Meal: A meal available for advance reservation within defined ordering windows
• Surplus Meal: End-of-service inventory made available for pickup on an as-available basis
• Merchant Agreement: The individual, confidential agreement between Flash Grub and Business Partner specifying operational terms, commission structure, payment schedule, and other commercial details
• Service Area: New York state, as expanded by Flash Grub at its sole discretion

2. Eligibility and Verification

To be approved as a Business Partner on Flash Grub, all applicants must:

2.1 Provide Business Information

Business Partners are required to provide basic information about their business, including:

• Legal business name
• Business location and address
• Owner/operator name and contact information
• Employer Identification Number (EIN) or equivalent business identifier

Flash Grub uses this information to validate your entity and verify legitimacy.

2.2 Compliance with Law

Business Partners must:

• Possess all required licenses, permits, and certifications to legally operate a food business in New York, including but not limited to:
  
  • Valid general business license
  • Valid food service license or health department approval
  • Any other licenses required by state or local law
• Comply with all applicable federal, state, and local health, food safety, sanitation, and regulatory requirements
• Maintain accurate and current license documentation during the partnership

2.3 Application Approval

Flash Grub reserves the right to approve, deny, or revoke access to the Platform based on:

• Verification of information provided
• Business fit with Flash Grub’s platform and values
• Capacity and operational readiness
• Any other factors Flash Grub deems relevant to partnership success

Approval is at Flash Grub’s sole discretion. Flash Grub is under no obligation to accept any applicant.

3. Individual Merchant Agreements

3.1 Customized Terms

All operational terms, commission structures, payment schedules, meal categories, ordering windows, inventory rules, and other commercial terms specific to your partnership are detailed in an individual Merchant Agreement negotiated and agreed upon prior to your activation on the Platform.

Your Merchant Agreement is the binding document governing your specific relationship with Flash Grub and supersedes this general Business Terms of Service on all matters of specific terms and conditions.

3.2 Confidentiality of Merchant Agreement

Your Merchant Agreement and all terms outlined within it are confidential and may not be shared with third parties, including other Business Partners, competitors, or publicly, without prior written consent from Flash Grub.

3.3 Entire Agreement

This Business Terms of Service together with your individual Merchant Agreement constitute the entire agreement between you and Flash Grub regarding your partnership and operation on the Platform.

3.4 Account Security Business Partners are responsible for:

 Maintaining the confidentiality of your login credentials – Not sharing account access with unauthorized users – Notifying Flash Grub immediately of any suspected unauthorized access Flash Grub is not liable for unauthorized access caused by Business Partner’s failure to maintain account security.

3.5 Registration, Verification, and Documentation

3.5.1 Application and Email Verification

To become a Business Partner, you must:

1. You must complete the business application on flashgrub.com with accurate, current information

2. You must verify your email address (a verification link will be sent to the email address you provide)

3. Upon email verification, you must upload required documentation

4. Upon document review and approval, you will receive access to the Flash Grub app

Business Partners are responsible for maintaining the accuracy and timeliness of all information provided during registration. Flash Grub is not liable for missed communications due to unverified email, invalid email addresses, or email delivery failures.

3.5.2 Required Documentation for Verification

To become a Business Partner, you must provide:

• Legal business name and location
• Owner/authorized representative information
• Employer Identification Number (EIN)

Financial onboarding, including bank account information, must be completed directly within the secure Stripe Connect platform, and not with Flash Grub directly.

Business Partners must verify compliance with all applicable New York State and local laws and regulations, including health, food safety, and business licensing requirements.

Specific documentation may be requested during the verification process to
confirm eligibility and regulatory compliance. All information must be accurate
and current.

4. Liability and Food Safety

4.1 Flash Grub’s Role

Flash Grub is a technology platform only. We do not:

• Prepare, cook, package, store, handle, or transport food
• Guarantee the quality, freshness, allergen information, or safety of meals
• Verify the accuracy of menu descriptions, ingredient lists, or nutritional claims
• Control preparation methods, portion sizes, or food handling practices

4.2 Business Partner Responsibility

You are solely responsible for:

• The quality, safety, freshness, and accuracy of all meals offered
• Compliance with all food safety regulations and best practices
• Accurate disclosure of all ingredients, including common allergens
• Proper food preparation, storage, and handling
• Maintaining all required licenses and certifications
• Ensuring meals meet all applicable health department standards

4.3 Indemnification

You agree to defend, indemnify, and hold harmless Flash Grub, its directors, officers, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising out of or related to:

• Your preparation and supply of meals
• Food safety incidents, contamination, or illness
• Allergen information or ingredient accuracy
• Violations of food safety, health, or regulatory requirements
• Any food-related injury or harm to customers

This indemnification obligation survives any termination of your partnership with Flash Grub.

4.4 No Warranty

The Platform and Flash Grub’s services are provided “as-is.” Flash Grub makes no warranties regarding the fitness of the Platform for your specific use or any guarantees of performance, uptime, or functionality.

5. Data Collection and Confidentiality

5.1 Data We Collect

When you operate as a Business Partner, Flash Grub collects:

• Business registration information (name, location, EIN, ownership)
• Payment verification status (processed entirely through Stripe Connect; direct banking data is never collected or stored by Flash Grub)
• Meal catalog data (descriptions, pricing, photos, ingredients)
• Sales data (meal names, quantities sold, revenue, customer timing)
• Operational data (upload frequency, cancellation rates, availability patterns)

5.2 How We Use Your Data

We use this data to process orders, facilitate payouts, manage platform functionality, monitor performance, and improve overall service delivery.

5.3 Confidentiality

While individual data is confidential, the Business Partner grants Flash Grub the right to anonymize and aggregate transactional, supply, and platform activity data. This data is used solely for internal platform operations and system optimization, and is the sole intellectual property of Flash Grub.

5.4 Data Retention

Your data is retained as follows:

• Sales and transaction data: 7 years (for tax and accounting compliance)
• Payment records: 5 years (for financial compliance)
• Business registration information: 2 years after termination of partnership
• Meal catalog (photos, descriptions): For duration of active partnership

The deletion of data upon request or contract termination applies strictly to identifiable business records and does not extend to any data that has been anonymized or aggregated under Section 5.3.

6. Communications and Dispute Resolution

6.1 Primary Communication

Primary communication between Flash Grub and Business Partner is conducted via email at the address provided during onboarding.

6.2 Urgent Issues

Urgent operational issues may be escalated directly to legal@flashgrub.com.

6.3 Good Faith Resolution

In the event of a dispute or disagreement, both parties agree to attempt resolution through good faith negotiation prior to pursuing any formal proceedings. This includes:

• Prompt communication of the issue
• Reasonable efforts to understand the other party’s perspective
• Good faith attempt to reach a mutually acceptable resolution

7. Termination

7.1 Termination Terms

Specific termination procedures, notice periods, and wind-down obligations are detailed in your individual Merchant Agreement.

7.2 Effect of Termination

Upon termination of your partnership with Flash Grub:

• Your access to the Platform will be suspended
• All outstanding payments due to Flash Grub must be settled
• Your meal listings will be removed
• Your data will be handled according to Section 5.4 above
• Your indemnification obligations (Section 4.3) survive termination

8. Modifications to This Agreement

Flash Grub may modify this Business Terms of Service at any time by posting the updated version on our website with a new “Last Updated” date. Your continued use of the Platform following such modifications constitutes acceptance of the updated terms.

For material changes, Flash Grub will provide notice to Business Partners via email. If you do not accept the updated terms, you may terminate your Merchant Agreement.

9. Governing Law

This Business Terms of Service and your Merchant Agreement are governed by and interpreted in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

10. Independent Contractors

Flash Grub and Business Partner are independent contractors. This Agreement does not create a partnership, joint venture, agency relationship, or employment relationship.

11. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. All other provisions remain in full force and effect.

12. Entire Agreement

This Business Terms of Service, together with your individual Merchant Agreement and any referenced documents or policies, constitute the entire agreement between you and Flash Grub regarding your partnership. Any prior understandings, negotiations, or agreements are superseded by this Agreement.

13. Contact Us

For questions about these Business Terms of Service, please contact:

 Flash Grub™ Inc.

 legal@flashgrub.com

 New York, NY 10018, USA