TERMS OF SERVICE:

TERMS OF SERVICE

BETTERCARTE LLC ("TUMMY")

Effective Date: March 16, 2026

IMPORTANT SAFETY DISCLAIMER — READ BEFORE USING TUMMY

Tummy is an informational tool only. It is NOT a substitute for professional medical advice, diagnosis, or direct communication with restaurant staff. If you have food allergies, intolerances, sensitivities, dietary restrictions, or ANY health condition affected by food, you MUST confirm ingredient and allergen information directly with the restaurant before consuming any food. Tummy does not guarantee the accuracy, completeness, timeliness, or safety of any data displayed on the platform — including data displayed under the "Tummy Verified" designation. Restaurant menus, ingredients, suppliers, and preparation methods may change at any time without notice to Tummy. Cross-contamination risks, shared cooking equipment, shared preparation surfaces, and airborne allergen exposure CANNOT be fully captured by any digital platform. Tummy does not and cannot account for these risks. Additionally, Tummy uses artificial intelligence and algorithmic systems to generate content and match users with compatible dishes. These systems may produce errors, omissions, or inaccurate results. AI-generated matches and content are not a guarantee of safety or accuracy. YOUR RELIANCE ON TUMMY'S INFORMATION IS AT YOUR OWN RISK. IN A MEDICAL EMERGENCY RELATED TO FOOD CONSUMPTION, CALL 911 IMMEDIATELY.

Welcome to BetterCarte LLC ("BetterCarte," "Tummy," "we," "us," or "our"). BetterCarte LLC is a Delaware limited liability company with business operations in Texas and Florida. By accessing or using our website, mobile application, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use the Services. These Terms constitute a legally binding agreement between you and BetterCarte LLC. Please read them carefully.

1. ELIGIBILITY

1.1. The Services are intended for users aged 16 and older. By using the Services, you represent and warrant that you are at least 16 years of age.

1.2. If you are between the ages of 16 and 18, you represent that a parent or legal guardian has reviewed and consented to these Terms on your behalf and agrees to be bound by them. We may require verification of parental consent at any time.

1.3. We do not knowingly collect personal information from anyone under the age of 16. If we become aware that a user is under 16, we will terminate the account and delete associated personal data promptly.

1.4. If you are a restaurant or business user, you represent that you have the authority to bind the entity you represent to these Terms.

1.5. By using the Services, you represent that you have not been previously suspended or removed from the Services.

2. PLATFORM ROLE AND CONTENT

2.1. Tummy is a technology platform that aggregates and displays restaurant menu, ingredient, allergen, and nutritional information. Tummy's role is strictly limited to organizing, presenting, and facilitating access to this information.

2.2. Tummy does not prepare, cook, serve, sell, deliver, or handle food. Tummy does not operate as a restaurant, food service establishment, healthcare provider, nutritionist, dietitian, or medical professional.

2.3. Restaurants are solely responsible for the accuracy, completeness, timeliness, and lawfulness of the data they provide or that is attributed to them on the platform.

2.4. Tummy may also source allergen and menu information from publicly available data, restaurant-published menus, third-party databases, or other publicly accessible sources. This information is not independently verified by Tummy and is presented on an "as available" basis. Tummy makes no representation regarding the accuracy or currency of third-party sourced data.

2.5. Certain content on the platform, including but not limited to restaurant descriptions, informational summaries, dietary guidance, blog posts, and educational materials, may be generated, drafted, or assisted by artificial intelligence ("AI") systems. While Tummy reviews AI-generated content for quality and accuracy, such content may contain errors, omissions, or inaccuracies. AI-generated content is provided for informational purposes only and is subject to the same disclaimers as all other content on the platform.

2.6. The Services use AI-powered systems and algorithms to match users with dishes and restaurants based on their dietary profiles, preferences, and restrictions. These matching systems process ingredient and allergen data provided by restaurants or sourced from third parties and attempt to identify compatible options. Due to the nature of AI and algorithmic matching technology: (a) results may contain errors, false positives, or false negatives; (b) the system may fail to flag an allergen or ingredient that is present in a dish; (c) the system may incorrectly flag a dish as incompatible when it is in fact safe; (d) the system relies on the accuracy of underlying data, which Tummy does not independently verify; and (e) the system cannot account for cross-contamination, preparation variations, supplier changes, or other real-world factors not captured in the data. AI-based matching is a tool to assist your decision-making. It is not a guarantee of safety. You must always confirm ingredient and allergen information directly with the restaurant before consuming any food.

2.7. The inclusion of any restaurant on the platform does not constitute an endorsement, recommendation, or certification of that restaurant by Tummy.

3. TUMMY VERIFIED PROGRAM

3.1. Certain restaurants on the platform may display a "Tummy Verified" badge or designation. This indicates the following and nothing more:

(a) The restaurant has engaged directly with Tummy's structured onboarding and data collection process to provide detailed ingredient, sourcing, and preparation information for its menu items.

(b) The restaurant has reviewed and affirmatively confirmed the data displayed on the platform through Tummy's collection and review process.

3.2. The "Tummy Verified" badge does NOT mean, and shall not be construed to mean, that:

(a) Tummy has independently tested, analyzed, laboratory-verified, or audited any food, ingredient, allergen, or nutritional claim.

(b) Tummy guarantees or warrants the accuracy, completeness, currency, or safety of the restaurant's data.

(c) Tummy has inspected the restaurant's kitchen, preparation areas, suppliers, storage facilities, or food handling practices.

(d) Tummy assumes any liability for errors, omissions, or changes in the restaurant's menu, ingredients, suppliers, preparation methods, or operational practices, whether occurring before or after verification.

(e) The data is current at the exact moment of your visit. Restaurants may change ingredients, suppliers, recipes, preparation methods, or equipment at any time without prior notice to Tummy.

(f) Cross-contamination risks have been assessed or eliminated.

(g) The restaurant complies with any particular food safety regulation, health code, or industry standard.

3.3. "Tummy Verified" means only that the restaurant has participated in our structured data collection process and has confirmed the information through that process. It does not create any warranty, guarantee, certification, or assumption of liability by BetterCarte LLC.

3.4. The disclaimers and limitations in Sections 2, 4, 10, and 11 of these Terms apply fully and equally to all data on the platform, including Tummy Verified restaurant data.

3.5. REGARDLESS OF VERIFICATION STATUS, USERS WITH FOOD ALLERGIES, INTOLERANCES, OR HEALTH CONDITIONS MUST ALWAYS CONFIRM DETAILS DIRECTLY WITH RESTAURANT STAFF BEFORE ORDERING OR CONSUMING FOOD.

4. HEALTH AND ALLERGY DISCLAIMER; ASSUMPTION OF RISK

4.1. Tummy provides ingredient and allergen information as reported by restaurants or sourced from publicly available data. This information is provided strictly on an "as-is" and "as-available" basis. Tummy makes no representations or warranties of any kind regarding:

(a) The accuracy, completeness, currency, or reliability of any menu, ingredient, allergen, or nutritional information.

(b) Whether any dish is safe for any individual to consume based on their specific health conditions, allergies, intolerances, sensitivities, or dietary requirements.

(c) Whether restaurant practices — including but not limited to cross-contamination, shared cooking equipment, shared fryers, shared preparation surfaces, shared utensils, airborne allergen exposure, ingredient substitutions, or supplier changes — are reflected in the displayed data.

(d) Whether displayed data accounts for seasonal menu variations, daily specials, or temporary ingredient substitutions.

4.2. Tummy is not a healthcare provider, medical professional, nutritionist, or dietitian. The Services do not constitute medical advice, nutritional counseling, or a diagnosis of any kind. Users should consult qualified healthcare professionals regarding food allergies, intolerances, or any health conditions affected by diet.

4.3. ASSUMPTION OF RISK. By using the Services, you expressly acknowledge and assume all risks associated with: (a) relying on information displayed on the platform to make food consumption decisions; (b) the possibility that displayed information may be inaccurate, incomplete, or outdated; (c) the inherent risks of dining at restaurants when you have food allergies, intolerances, or sensitivities — including cross-contamination and undisclosed ingredient changes; and (d) the limitations of AI-powered matching and content generation systems, which may produce errors, fail to identify allergens or ingredients present in a dish, or generate inaccurate or incomplete information.

4.4. BY USING THE SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT YOU BEAR SOLE RESPONSIBILITY FOR VERIFYING FOOD SAFETY WITH THE RESTAURANT BEFORE CONSUMING ANY FOOD. TUMMY'S ROLE IS LIMITED TO PROVIDING INFORMATION. THE DECISION TO CONSUME ANY FOOD IS YOURS ALONE.

5. RESTAURANT DATA RESPONSIBILITY AND LICENSE

5.1. Restaurants that submit data to Tummy represent and warrant that: (a) all information provided is accurate, complete, current, and lawful to share; (b) they will promptly update information when menus, ingredients, suppliers, preparation methods, equipment, or recipes change; (c) they have the right, authority, and any necessary consents to share all submitted information; (d) the information does not infringe upon the intellectual property rights or other rights of any third party; and (e) they comply with all applicable federal, state, and local food safety laws, health codes, and allergen disclosure requirements in their jurisdiction.

5.2. By submitting data, restaurants grant BetterCarte LLC a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, display, reproduce, distribute, modify, adapt, and create derivative works of their menu and ingredient information in connection with the operation and promotion of the Services. This license continues for the duration of the restaurant's account and thereafter as described in Section 9.

5.3. Restaurants acknowledge that information submitted to Tummy may be displayed publicly and indexed by search engines.

5.4. Restaurants agree to indemnify and hold Tummy harmless from any claims, damages, liabilities, or expenses arising from inaccuracies, omissions, misrepresentations, or delays in updating restaurant-provided data. This indemnification obligation survives termination of the restaurant's account.

6. USER ACCOUNTS AND CONDUCT

6.1. To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

6.2. You agree to provide accurate and complete registration information and to update it promptly if it changes.

6.3. You agree not to: (a) use the Services for any unlawful purpose or in violation of any applicable law or regulation; (b) scrape, harvest, crawl, or extract data from the Services by automated means, including bots, spiders, or scrapers, without Tummy's prior written consent; (c) interfere with, disrupt, degrade, or compromise the integrity, security, or performance of the Services or any associated systems; (d) impersonate any person or entity, or misrepresent your affiliation with any person or entity; (e) transmit spam, malware, viruses, or other harmful or deceptive content; (f) reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Services; (g) use the Services to develop a competing product or service; (h) access the Services through any unauthorized third-party application; or (i) circumvent or attempt to circumvent any access controls, rate limits, or security measures.

6.4. Tummy reserves the right to investigate suspected violations and to cooperate with law enforcement authorities in the prosecution of users who violate these Terms or any applicable law.

7. PAYMENTS AND SUBSCRIPTIONS

7.1. Tummy currently offers free access to its core features for both diners and restaurants. We may introduce paid features, subscription tiers, premium placement, enhanced analytics, or advertising options in the future.

7.2. If paid features are introduced: (a) pricing, billing frequency, and the scope of paid features will be clearly disclosed before any charge is incurred; (b) paid subscriptions will renew automatically at the then-current rate unless canceled before the renewal date; (c) we reserve the right to modify pricing upon no less than 30 days' advance written notice, and continued use after the effective date of a price change constitutes acceptance of the new price; (d) certain features or levels of service may be available only to paying customers; and (e) refund policies will be disclosed at the time of purchase, and unless otherwise stated, all fees are non-refundable.

7.3. Any paid features will be subject to additional terms presented at the time of purchase or enrollment.

8. INTELLECTUAL PROPERTY

8.1. BetterCarte LLC owns all rights, title, and interest in and to the Services, including but not limited to the platform, software, algorithms, databases (excluding restaurant-owned content), user interface, branding, design, documentation, and all associated intellectual property rights.

8.2. The Tummy name, logo, "Tummy Verified" badge, and related marks are trademarks or service marks of BetterCarte LLC. You may not use these marks without our prior written permission.

8.3. Restaurants retain ownership of their original menu content. The license granted in Section 5 governs Tummy's right to display and distribute that content.

8.4. Users may not reproduce, distribute, publicly display, create derivative works from, or commercially exploit any Tummy content without prior written permission from BetterCarte LLC.

8.5. DMCA and Copyright Complaints. If you believe that content on the Services infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to our designated agent: Copyright Agent, BetterCarte LLC, Email: legal@thetummyapp.com. Your notice must include: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on the Services; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized agent. We will respond to valid DMCA notices in accordance with applicable law.

9. TERMINATION AND DATA REMOVAL

9.1. Tummy may suspend or terminate any account that violates these Terms, or for any other reason, at our sole discretion and with or without prior notice.

9.2. For Restaurants: (a) Restaurants may request removal of their Tummy page and associated data by sending a written request to legal@thetummyapp.com. (b) Upon receiving a valid removal request, Tummy will remove the restaurant's page and public profile from the platform within 30 business days. (c) Tummy will make a good-faith effort to remove or anonymize associated data from active systems, subject to the following exceptions: (i) Tummy may retain data as required by applicable law, regulation, or legal process, or for the establishment, exercise, or defense of legal claims; (ii) Tummy may retain aggregated or anonymized data that does not identify the restaurant; (iii) Tummy may retain data for legitimate internal record-keeping, analytics, and compliance purposes; and (iv) cached, archived, or third-party copies of previously published data may persist beyond Tummy's control. (d) Upon termination of a restaurant's account and completion of the removal process, the license granted in Section 5 shall terminate with respect to future public display. Tummy retains the right to use previously collected data for internal analytics, legal compliance, dispute resolution, and archival purposes.

9.3. For Users: (a) Users may delete their account at any time through the app settings or by contacting support@thetummyapp.com. (b) Account deletion will remove your profile, dietary preferences, and personal data from active systems, subject to the same retention exceptions described in Section 9.2(c). (c) Account deletion is permanent. We cannot recover deleted accounts.

9.4. Sections 3.2, 3.3, 3.4, 4, 5.4, 10, 11, 12, 13, and 18 survive termination of your account or these Terms.

10. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

10.1. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BETTERCARTE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TITLE, AND NON-INFRINGEMENT.

10.2. WITHOUT LIMITING THE FOREGOING, BETTERCARTE LLC DOES NOT WARRANT THAT: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) the information provided through the Services is accurate, complete, current, or reliable; (c) any defects in the Services will be corrected; (d) the Services will meet your specific requirements or expectations; or (e) AI-powered matching, recommendations, or content generation will be accurate, complete, or free from errors, omissions, or misidentifications, including with respect to allergens, ingredients, or dietary compatibility.

10.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BETTERCARTE LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO: (a) your use of or inability to use the Services; (b) any errors, inaccuracies, omissions, or delays in data provided by restaurants, third parties, or publicly available sources; (c) any adverse reactions, allergic reactions, anaphylaxis, illness, injury, hospitalization, or death resulting from food consumed at any restaurant, regardless of whether that restaurant's information appeared on the platform; (d) any decisions you make based on information obtained through the Services; (e) service interruptions, downtime, data loss, or unauthorized access to your data; (f) actions or omissions of any third party, including restaurants; (g) any content posted by restaurants or other users; or (h) errors, omissions, false positives, false negatives, or inaccuracies produced by AI-powered matching systems, algorithms, or AI-generated content, including the failure to identify an allergen or ingredient present in a dish.

10.4. IN NO EVENT SHALL BETTERCARTE LLC'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO TUMMY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

10.5. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER BETTERCARTE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.6. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. In such jurisdictions, our liability and warranties are limited to the maximum extent permitted by applicable law.

11. INDEMNIFICATION

11.1. You agree to indemnify, defend, and hold harmless BetterCarte LLC, its members, officers, directors, employees, agents, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (a) your use of or access to the Services; (b) your reliance on any information provided through the Services; (c) any food consumption decisions you make based on information obtained through the Services; (d) your violation of these Terms; (e) your violation of any applicable law, regulation, or third-party right; (f) any dispute between you and a restaurant; or (g) any content you submit, post, or transmit through the Services.

11.2. Tummy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims.

12. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

12.1. Informal Resolution. Before initiating any formal dispute proceeding, you agree to first contact us at legal@thetummyapp.com and attempt to resolve the dispute informally for at least 30 days. If the dispute is not resolved within 30 days of your initial notice, either party may proceed as described below.

12.2. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and BetterCarte LLC (a "Dispute") that is not resolved through informal resolution shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are a business user), as applicable. (a) The arbitration shall be conducted by a single arbitrator. (b) The arbitration shall take place in Austin, Texas, unless the parties mutually agree to an alternative location or to virtual proceedings. (c) The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. (d) The arbitrator shall apply applicable substantive law consistent with these Terms. (e) Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award costs and fees to the prevailing party.

12.3. Class Action Waiver. YOU AND BETTERCARTE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MULTI-DISTRICT, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

12.4. Jury Trial Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BETTERCARTE LLC EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

12.5. Exceptions. Notwithstanding the foregoing: (a) either party may bring a claim in small claims court if the claim qualifies under the court's jurisdictional limits; (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information; and (c) nothing in this section prevents either party from reporting violations of law to any governmental agency or cooperating with any governmental investigation.

12.6. Opt-Out. You may opt out of the arbitration and class action waiver provisions of this Section 12 by sending written notice to legal@thetummyapp.com within 30 days of first accepting these Terms. The notice must include your full name, mailing address, account identifier (if applicable), and a clear statement that you wish to opt out of arbitration. If you validly opt out, disputes will be resolved in the courts specified in Section 13. Opting out does not affect any other provision of these Terms.

12.7. Severability of Arbitration Provisions. If the class action waiver in Section 12.3 is found to be unenforceable, then the entirety of this Section 12 (other than this severability clause) shall be null and void, and the Dispute shall proceed in court under Section 13. If any other provision of this Section 12 is found unenforceable, the remaining provisions shall continue in full force and effect.

13. GOVERNING LAW AND JURISDICTION

13.1. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions in Section 12.

13.2. BetterCarte LLC is organized under the laws of the State of Delaware. For matters relating to the internal affairs of the company (membership, governance, formation, dissolution), Delaware law applies exclusively.

13.3. To the extent a Dispute is not subject to arbitration under Section 12, or if you have validly opted out of arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Travis County, Texas (Austin). You waive any objection to venue, personal jurisdiction, or forum non conveniens in those courts.

13.4. Because the Services are available to users in multiple states, BetterCarte LLC complies with applicable data privacy and consumer protection laws in the jurisdictions where it operates, including but not limited to: (a) Delaware: Delaware Personal Data Privacy Act (effective January 1, 2025), including data minimization requirements, consumer access and deletion rights, and restrictions on the sale of personal data; (b) Texas: Texas Data Privacy and Security Act (effective July 1, 2024), including consumer rights notices, data security controls, data processing assessments for high-risk activities, and limitations on the sale and use of personal data; and (c) Florida: Florida Digital Bill of Rights (effective July 1, 2024), including requirements for affirmative consent before processing sensitive personal data, restrictions on the sale of personal data, and requirements for data security practices.

13.5. Additional state-specific disclosures, including information about your rights under applicable state privacy laws and how to exercise them, are provided in our Privacy Policy at thetummyapp.com/privacy.

13.6. If you are a resident of a state with consumer protection laws that provide rights beyond those described in these Terms, those rights are not waived and apply to the extent required by applicable law.

14. SMS CONSENT AND ELECTRONIC COMMUNICATIONS

14.1. By creating an account, you may be asked to provide your mobile phone number and consent to receive SMS communications from Tummy. These messages may include one-time passcodes (OTPs) for authentication, verification codes, transactional notifications, service updates, and other account-related communications.

14.2. SMS consent is opt-in only. Tummy does not enable SMS communications by default. You must actively provide consent during registration or in your account settings.

14.3. You may withdraw SMS consent at any time by adjusting your preferences in Profile Settings. Withdrawal takes effect immediately. Opting out of SMS may limit your ability to use features that require SMS-based verification or authentication.

14.4. Message frequency varies based on account activity. Tummy does not charge for SMS messages, but your carrier's standard messaging and data rates may apply.

14.5. Consent to Electronic Communications. By using the Services, you consent to receive communications from Tummy electronically, including via email, in-app notifications, and SMS (where separately consented). You agree that all notices, disclosures, agreements, and other communications that Tummy provides electronically satisfy any legal requirement that such communications be in writing.

14.6. Tummy maintains consent records in compliance with applicable telecommunications and privacy regulations, including the Telephone Consumer Protection Act ("TCPA") and FCC regulations.

15. PRIVACY

15.1. Your use of the Services is governed by our Privacy Policy, available at thetummyapp.com/privacy. The Privacy Policy describes in detail how we collect, use, store, share, and protect personal information.

15.2. By using the Services, you acknowledge that you have read the Privacy Policy and consent to the practices described therein.

15.3. Data Security. Tummy implements reasonable administrative, technical, and physical safeguards to protect personal information from unauthorized access, use, alteration, or destruction. However, no method of electronic storage or transmission is 100% secure, and Tummy cannot guarantee absolute security.

15.4. Data Breach Notification. In the event of a data breach affecting your personal information, Tummy will notify affected users and applicable regulatory authorities as required by the data breach notification laws of Delaware (6 Del. C. § 12B-102), Texas (Tex. Bus. & Com. Code § 521.053), Florida (Fla. Stat. § 501.171), and any other applicable jurisdiction. Such notification will be provided within the timeframes required by applicable law.

16. THIRD-PARTY LINKS AND SERVICES

16.1. The Services may contain links to or integrations with third-party websites, applications, or services. Tummy does not control, endorse, sponsor, or assume responsibility for any third-party content, products, services, privacy practices, or terms of use.

16.2. Your interactions with third parties, including restaurants, are solely between you and the third party. Tummy is not a party to any transaction or agreement between you and any restaurant or other third party.

16.3. If you access third-party services through the Tummy platform, you do so at your own risk and subject to the third party's terms and policies.

17. USER-GENERATED CONTENT

17.1. The Services may allow you to submit, post, or share content such as reviews, ratings, comments, or feedback ("User Content").

17.2. By submitting User Content, you grant BetterCarte LLC a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to use, display, reproduce, distribute, modify, adapt, and create derivative works of your User Content in connection with the Services.

17.3. You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate any law or infringe any third-party rights.

17.4. Tummy reserves the right to remove or moderate any User Content at our sole discretion, without notice or liability.

17.5. Tummy does not endorse any User Content and is not liable for any User Content posted by users.

18. MODIFICATIONS TO SERVICES

18.1. Tummy reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

18.2. We will make reasonable efforts to provide advance notice of material changes that significantly affect your use of the Services.

18.3. Tummy shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

19. MODIFICATIONS TO TERMS

19.1. We may update these Terms from time to time. When we make changes, we will update the "Effective Date" at the top of this document.

19.2. For material changes, we will provide notice through the app, by email to the address associated with your account, or by other reasonable means at least 15 days before the changes take effect.

19.3. Your continued use of the Services after any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services and may delete your account.

20. GENERAL PROVISIONS

20.1. Entire Agreement. These Terms, together with the Privacy Policy and any supplemental terms presented at the time of purchase, enrollment, or feature activation, constitute the entire agreement between you and BetterCarte LLC regarding the Services and supersede all prior agreements, understandings, and representations.

20.2. Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20.3. Waiver. Our failure or delay in enforcing any provision of these Terms does not constitute a waiver of that provision or any other provision. A waiver of any provision is effective only if made in writing and signed by BetterCarte LLC.

20.4. Assignment. You may not assign, delegate, or transfer your rights or obligations under these Terms without our prior written consent. BetterCarte LLC may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

20.5. No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights. Restaurants, users, and other third parties do not have standing to enforce any provision of these Terms against BetterCarte LLC except as expressly stated herein.

20.6. Force Majeure. Tummy shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, epidemics, government actions or orders, civil unrest, acts of terrorism, internet or telecommunications failures, power outages, fire, flood, or labor disputes.

20.7. Notices. Notices to BetterCarte LLC must be sent to legal@thetummyapp.com and are deemed received when delivery is confirmed by the email provider. Notices to you will be sent to the email address associated with your account or through in-app notification, and are deemed received 24 hours after sending.

20.8. Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and BetterCarte LLC.

20.9. Headings. Section headings are for convenience only and have no legal effect.

20.10. Construction. These Terms shall not be construed against BetterCarte LLC merely because we drafted them. Ambiguities shall be resolved without presumption against either party.

CONTACT INFORMATION

BetterCarte LLC

A Delaware Limited Liability Company

All Inquiries: info@thetummyapp.com