TERMS OF SERVICE:

Terms of Service (TOS) — BETTERCARTE LLC (“TUMMY”)

Effective Date: October 20, 2025

Welcome to BETTERCARTE LLC (“BetterCarte”, “Tummy,” “we,” “us,” or “our”). By using our website, mobile application, and services (collectively “Services”), you agree to these Terms of Service (“Terms”). Please read carefully.

Disclaimer: Tummy is a platform where restaurants share menu, ingredient, allergen, and nutritional information. Tummy does not create, verify, or guarantee the accuracy, completeness, or safety of this information. Restaurants are solely responsible for the accuracy of their menu and ingredient data. Tummy provides ingredient and allergen information “as provided by the restaurant.” We make no guarantees as to the accuracy, completeness, or safety of menu or allergen data. If you have allergies, dietary restrictions, or health conditions, you must confirm details directly with the restaurant before consuming any food. Tummy is an informational tool only. It is not a substitute for professional medical advice or communication with restaurants.

1. Eligibility

Use permitted only if you are 13+; minors 13–17 only with parental consent.

You attest you are eligible to use the Services.

2. Platform Role and Content

Tummy is a platform where restaurants share menu, ingredient, allergen, and nutritional information.
Tummy does not create, verify, or guarantee the accuracy, completeness, or safety of this information.
Restaurants are solely responsible for the accuracy of their menu and ingredient data.

3. Health & Allergy Disclaimer

Tummy provides ingredient and allergen information “as provided by the restaurant.”
We make no guarantees as to the accuracy, completeness, or safety of menu or allergen data.
If you have allergies, dietary restrictions, or health conditions, you must confirm details directly with the restaurant before consuming any food.
Tummy is an informational tool only. It is not a substitute for professional medical advice or communication with restaurants.

4. Restaurant Data Responsibility and License

Restaurants represent and warrant that all information they provide is accurate, complete, and lawful to share.
By submitting data, restaurants grant Tummy a non-exclusive, worldwide, royalty-free license to use, publish, and distribute their menu and ingredient information.
Restaurants agree to indemnify and hold Tummy harmless from claims arising out of the inaccuracy or omission of restaurant-provided information.

5. Use Restrictions

You agree not to:
Hack, disrupt, or attempt to scrape data from the Services.
Misuse the Services for unlawful purposes.

6. Payments & Subscriptions

Free access to select features during launch; subscriptions and paid tiers may be introduced .Subscription tiers and advertising options may be introduced and services may be limited only to paying restaurants.

Payment terms will be provided transparently upon signup.

7. Intellectual Property

BetterCarte LLC owns all rights to its platform, branding, design, and technology.
Restaurants retain ownership of their menu content but grant Tummy rights to display it on the platform.

8. Termination

Accounts violating Terms may be suspended or terminated.

Restaurants may request data removal subject to agreements.

9. Limitation of Liability and Disclaimer of Warranties

BETTERCARTE LLC provides the Services “AS IS” without warranties of any kind.
To the fullest extent permitted by law, BETTERCARTE LLC disclaims liability for:
Errors, inaccuracies, or omissions in restaurant-provided data.
Adverse reactions, illness, or injury resulting from food consumed.
Service interruptions or third-party actions.
Users and restaurants agree that Tummy is not liable for any direct, indirect, incidental, special, or consequential damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless BETTERCARTE LLC, its owners, affiliates, and employees from any claims, liabilities, damages, or expenses arising from:
Your use of the Services.
Your reliance on restaurant-provided information.
Any violation of these Terms.

11. Governing Law and Jurisdiction

  • Governed by laws of Florida, with principles excluding conflict of law.

  • To the extent applicable, also comply with laws of Texas and Delaware as detailed below.

12. State-Specific Disclosures and Compliance

Florida:

  • As of July 1, 2024, Florida’s Digital Bill of Rights requires explicit consent before selling sensitive personal data.

  • Our services comply by obtaining appropriate consents and offering opt-out mechanisms.

  • We do not knowingly process sensitive data without required permissions.

  • Florida requires transparency about data collection/use, which we disclose herein.

Texas:

  • The Texas Data Privacy and Security Act (effective July 1, 2024) mandates consumer rights notices, data security controls, and limitations on data use and sale.

  • Tummy has implemented procedures to honor consumer rights and maintain data security in accordance with Texas law.

Delaware:

  • Under the Delaware Personal Data Privacy Act effective January 1, 2025, we limit data collection to necessary info, maintain data security, and honor consumer privacy rights for Delaware residents.

  • We provide clear privacy notices and opt-out options consistent with Delaware requirements.

Note: Because Tummy processes data from multiple states, we maintain compliance with all applicable state laws as described.

13. Changes to Terms

  • We may update these Terms from time to time. The “Effective Date” will reflect the latest version. Continued use of the Services after changes means you accept the new Terms.

14. SMS Consent

By creating an account within the Tummy application, end users voluntarily provide their mobile phone number and grant explicit consent to receive SMS communications from Tummy. Such messages may include, but are not limited to, one-time passcodes (OTPs) used for account authentication, verification codes, or other transactional notifications directly related to the user’s account activity.
As part of the registration process, users are presented with a mandatory consent checkbox confirming their agreement to receive SMS messages. This consent must be actively provided by the user; Tummy does not enable this option by default. Users who do not check the consent box during registration will not receive any SMS messages from Tummy.
Users may withdraw their consent at any time. To do so, they can access the Profile Settings section within the application and uncheck the SMS consent box. Once the consent is withdrawn, the user’s opt-out status will take immediate effect, and they will no longer receive any SMS communications from Tummy, including one-time passcodes or other account-related notifications. Users should be aware that opting out may limit access to certain features that rely on SMS-based verification or security confirmation.
Tummy maintains and processes user consent records in compliance with applicable privacy and telecommunications regulations. These records are used solely for the purpose of managing opt-in and opt-out preferences and ensuring that SMS communications are sent only to users who have provided valid consent.