Platform Terms of Service
Last Updated: March 26, 2026
Welcome, and thank you for your interest in TinyGiantLabs LLC, doing business as Munch ("Munch," "we," or "us") and our websites, mobile applications, and other services provided by us (collectively, the "Platform"). These Platform Terms are a legally binding contract between you and Munch regarding your use of the Platform.
BY CLICKING "I ACCEPT," BY MAKING A PURCHASE ON OR THROUGH THE PLATFORM, OR BY OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MUNCH'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Platform.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 20, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MUNCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Overview
Munch's Platform is a virtual marketplace that connects users with local restaurants ("Restaurants"). You may order food through the Platform from Restaurants for pickup or delivery.
2. Munch is Not a Restaurant
Munch is not a restaurant or food preparation entity. The Restaurants operate independently of Munch and are required to comply with all applicable laws pertaining to the preparation, sale, and marketing of food. Munch is not liable for Restaurants' food preparation or safety and does not verify their compliance with applicable laws. Munch does not guarantee the quality of what the Restaurants sell.
3. Munch is Not a Delivery Service
Munch does not directly provide delivery services. Delivery of your orders may be fulfilled by the Restaurants themselves or by third-party delivery service providers. Munch makes no promises or guarantees with respect to any delivery services.
4. Eligibility
You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform; and (c) your use of the Platform is in compliance with all applicable laws and regulations. If you are an entity, the individual accepting these Terms represents that they have authority to bind the entity.
5. Alcoholic Beverages
Some Restaurants may permit ordering of alcoholic beverages. If you place an order including alcoholic beverages, you represent and warrant that you are at least 21 years of age. You agree that receipt of alcoholic beverages will be subject to presentation of valid government-issued identification. Delivery of alcoholic beverages may be withheld if you appear intoxicated.
6. Accounts and Registration
To access certain features of the Platform, you may need to register for an account. You agree to provide accurate information and keep it up to date. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities under your account.
7. Purchases
7.1 Price
You acknowledge that Munch does not determine the prices set by Restaurants on the Platform. Restaurants reserve the right to determine their own pricing. Munch will make reasonable efforts to keep pricing information current.
7.2 Authorization
You authorize Munch and its third-party payment processors to charge all sums for purchases you make on the Platform, including applicable taxes, to the payment method you provide.
7.3 Delinquent Accounts
Munch may suspend or terminate access to the Platform for any account with outstanding unpaid amounts.
8. Rewards Programs; Promotions
Restaurants may offer loyalty programs, promotions, or rewards programs through the Platform. These are not managed by Munch, and Munch disclaims any liability arising from such programs. Unless otherwise agreed, rewards or points have no cash value and may not be exchanged for cash.
9. Authorization to Use; Restrictions
9.1 Authorization
Subject to your compliance with these Terms, Munch grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for personal, non-commercial use, including installation of any associated mobile application.
9.2 Restrictions
Except to the extent a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Platform; (b) make modifications to the Platform; or (c) interfere with or circumvent any feature of the Platform.
9.3 Feedback
If you provide suggestions regarding improvements to the Platform ("Feedback"), you grant Munch an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback for any purpose.
10. Ownership; Proprietary Rights
The Platform is owned and operated by Munch. All visual interfaces, graphics, design, code, and other elements of the Platform ("Materials") are the property of TinyGiantLabs LLC or its licensors and are protected by intellectual property laws.
11. Third-Party Services
The Platform may contain links to or integrations with third-party services. Munch does not control and is not responsible for third-party services or their content, products, or practices.
12. User Content
You may submit content to the Platform, such as reviews and feedback. You retain ownership of your content but grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display your content in connection with the Platform. You are solely responsible for your content and represent that it does not violate any third-party rights.
13. Prohibited Conduct
BY USING THE PLATFORM YOU AGREE NOT TO:
- Use the Platform for any illegal purpose
- Violate any third-party rights
- Interfere with the Platform's security or operation
- Perform fraudulent activity or impersonate others
- Use automated means to access the Platform without permission
- Harvest or collect user information
- Attempt to circumvent any access controls
14. Indemnification
You will indemnify and hold harmless TinyGiantLabs LLC, d/b/a Munch, and its officers, directors, employees, and agents from any claims, damages, or expenses arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Content.
15. Disclaimers
THE PLATFORM AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." MUNCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MUNCH'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MUNCH IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL MUNCH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
17. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws provisions.
18. Modifications to the Platform
Munch reserves the right to modify or discontinue, temporarily or permanently, the Platform or any features thereof without notice. Munch will not be liable for any modification, suspension, or discontinuance of the Platform.
19. Changes to Terms
We may revise these Terms from time to time. The most current version will always be posted on the Platform. Your continued use of the Platform after changes constitutes acceptance of the revised Terms.
20. Dispute Resolution and Arbitration
Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in Louisville, Kentucky. You and Munch agree that arbitration will be conducted on an individual basis. You may opt out within 30 days of first accepting these Terms by sending written notice.
21. General
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Platform. Our failure to enforce any provision shall not constitute a waiver.
22. Contact
TinyGiantLabs LLC, d/b/a Munch
Louisville, Kentucky
Phone: (855) 933-5474
Email: legal@joinmunch.com