Website Terms of Use

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 website (the "Site"). These Terms of Use are a legally binding contract between you and Munch regarding your use of the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE 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 Site. YOUR USE OF THE SITE, MOBILE APPS, APIS AND SERVICES (COLLECTIVELY THE "SITE") AND TINYGIANTLABS LLC'S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY TINYGIANTLABS LLC AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15, 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

The Site provides information about Munch, our online ordering solution for restaurants, and related products and services.

2. Munch is Not a Restaurant

Munch is not a restaurant or food preparation entity. Munch is a technology platform that provides services to restaurants and food businesses, such as development of websites, mobile applications, online ordering systems, marketing tools, and other technology management that helps these businesses more efficiently reach consumers. The restaurants and food businesses that use our products or services operate independently of TinyGiantLabs LLC (collectively "Restaurant Partners") and are required to comply with federal, state, and local laws pertaining to the preparation, sale, and marketing of food. Munch is not liable or responsible for Restaurant Partners' food preparation, product or service quality, safety, or efficacy. Munch does not independently verify and is not liable for any statements or representations made by any Restaurant Partners.

3. Eligibility

You must be at least 18 years old to use the Site. 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 Site; and (c) your use of the Site is in compliance with all applicable laws and regulations.

4. Licenses

4.1 Limited License

Subject to your complete and ongoing compliance with these Terms, Munch grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site. All rights not expressly granted to you are reserved by Munch.

4.2 License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism.

4.3 Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site ("Feedback"), then you hereby grant Munch an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.

5. Ownership; Proprietary Rights

The Site is owned and operated by Munch. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Site ("Materials") provided by Munch are protected by intellectual property and other laws. All Materials included in the Site are the property of TinyGiantLabs LLC or its third-party licensors. Except as expressly authorized by Munch, you may not make use of the Materials. Munch reserves all rights to the Materials not granted expressly in these Terms.

6. Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).

7. Linked Websites

The Site may contain links to third-party websites. Linked websites are not under Munch's control, and Munch is not responsible for their content.

8. Text Message Communications

When you create an account with Munch, we may ask for your consent to communicate with you via text messages. You may opt in to receive text messages related to our Services. If you no longer wish to receive these messages, text "STOP" at any time. Standard message and data rates may apply. Message frequency varies. Text HELP for help.

Restaurant Partners that you transact with may also send you marketing and promotional communications. These Restaurant Partners control and are responsible for the content of their communications with you, and Munch does not accept liability in connection with those communications. Your consent to receive marketing SMS messages is not a condition of purchase.

9. Prohibited Conduct

BY USING THE SITE YOU AGREE NOT TO:

Use the Site for any illegal purpose or in violation of any applicable law
Violate, or encourage others to violate, any right of a third party, including by infringing any intellectual property right
Interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit use, or reverse engineering any portion of the Site
Interfere with the operation of the Site or any user's enjoyment of it, including by uploading malicious code
Perform any fraudulent activity including impersonating any person or entity
Sell or transfer the access granted under these Terms
Harvest or collect information about users of the Site
Use any robot, spider, bot, or automated means to access the Site without our express written permission

10. Indemnification

You will indemnify, defend, and hold harmless TinyGiantLabs LLC, d/b/a Munch, and our officers, directors, employees, agents, and successors from and against any claims, disputes, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Site; (b) your violation of these Terms; or (c) your violation of any rights of another.

11. Disclaimers

THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. MUNCH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MUNCH OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE. MUNCH'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

13. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. TinyGiantLabs LLC is headquartered in Louisville, Kentucky.

14. Changes to Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by updating the date at the top of these Terms. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

15. Dispute Resolution and Arbitration

Any dispute arising from these Terms or your use of the Site shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall take place in Louisville, Kentucky. You and Munch agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action. You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms.

16. Contact Information

If you have any questions about these Terms, please contact us at:

TinyGiantLabs LLC, d/b/a Munch
Louisville, Kentucky
Phone: (855) 933-5474
Email: legal@joinmunch.com