DishPair Terms of Service

1. Platform Services

1.1 Platform Overview

DishPair provides tools that allow Restaurants to:

• Launch creator-driven campaigns, experiences, or collaborations
• Work with vetted creators
• Facilitate logistics, check-in, and compliance verification
• View attribution

DishPair is a technology platform only. DishPair is not a restaurant operator, marketing agency, employer, or guarantor of results.

1.2 Campaigns

A "Campaign" is a creator collaboration, experience, or promotion initiated by a Restaurant through the Platform. Campaign details may include:

• Creator eligibility criteria
• Campaign duration and scope
• In-kind or cash compensation (if any)
• Content, attendance, or participation expectations
• Attribution, verification, or check-in requirements

Restaurants control Campaign design and creator participation, subject to Platform rules and availability.

2. Creator Participation & Content

2.1 Creator Availability & No Exclusivity

DishPair does not guarantee the availability, participation, performance, or exclusivity of any specific creator. Creators are independent third parties and may work with other restaurants, including competitors, unless otherwise expressly agreed in writing.

2.2 Creator Selection

Creators may apply, be invited, or be approved based on Campaign sets. DishPair does not guarantee that any Campaign will be fully staffed or that creators will be accepted or retained.

2.3 Content Creation

Creators retain ownership of the content they create. DishPair does not control the creative process or opinions expressed by creators beyond facilitating agreed-upon guidelines.

Restaurants acknowledge that creator content reflects the creator's genuine experience and opinions, and DishPair does not guarantee tone, sentiment, or audience reception.

3. Attribution, Verification, and Analytics

DishPair provides attribution, verification, and analytics tools to help Restaurants understand creator-driven engagement, including in-store and offline interactions.

Restaurants acknowledge and agree that:

• Attribution and analytics are provided for informational and decision-support purposes only
• DishPair does not guarantee the accuracy, completeness, or exclusivity of attribution results
• Results may be affected by factors outside DishPair's control, including staff execution, consumer behavior, third-party platforms, technical limitations, or point-of-sale systems

DishPair makes no guarantee that Campaigns will result in increased traffic, revenue, or sales.

4. Operational Responsibility

Restaurants are solely responsible for:

• Training staff on Campaign execution and check-in procedures
• Honoring any experiences, offers, or in-kind benefits associated with Campaigns
• Ensuring proper in-venue execution and customer experience

DishPair is not responsible for operational errors, staff non-compliance, or failure to execute Campaigns as designed.

5. Compensation

5.1 In-Kind Compensation

Restaurants may offer in-kind compensation (e.g., food, beverages, products). The Restaurant is the merchant of record and solely responsible for fulfillment. In-kind compensation is non-refundable.

5.2 Optional Cash Compensation

Restaurants may optionally offer cash compensation to creators. Payment terms, if any, will be displayed in the Platform. DishPair may facilitate payment processing but is not responsible for creator tax obligations or classification.

5.3 Fees

Platform subscription fees, pilot fees, or founder pricing are charged as displayed at checkout or agreed in writing. Fees are non-refundable unless otherwise stated.

6. Subscription Term & Billing

6.1 Term

Subscriptions begin on the date of purchase and continue for the selected term unless canceled in accordance with the Platform's billing settings.

6.2 Renewal & Cancellation

Subscriptions may renew automatically unless canceled prior to renewal. Cancellation applies to future billing only and does not entitle the Restaurant to refunds for fees already paid.

7. Compliance & Advertising Guidelines

Restaurants agree to comply with all applicable laws and regulations, including advertising and endorsement laws such as U.S. FTC guidelines.

Restaurants may not:

• Require false or misleading statements
• Suppress honest creator opinions
• Encourage undisclosed sponsored content
• Engage in deceptive or manipulative marketing practices

DishPair reserves the right to suspend or terminate Campaigns or accounts that violate these standards.

8. Confidentiality

Each party may receive confidential or proprietary information. Confidential information must be used solely for purposes of the Platform and not disclosed to third parties except as required by law.

9. Intellectual Property

DishPair retains all rights, title, and interest in the Platform, software, and related intellectual property. These Terms do not grant ownership of DishPair intellectual property.

Creator content rights are governed by applicable Campaign terms and creator agreements.

10. Data Usage & Product Improvement

DishPair may use aggregated and anonymized Campaign and Platform data to:

• Improve the Platform
• Develop new features
• Generate industry insights or benchmarks

Such data will not identify individual users or Restaurants.

11. Platform Integrity & Right to Refuse Service

DishPair reserves the right to refuse, suspend, or remove any Campaign or account that:

• Violates these Terms or applicable laws
• Poses brand safety, legal, or operational risk
• Undermines Platform integrity or user trust

12. Non-Circumvention (Limited)

Restaurants agree not to knowingly circumvent the Platform to avoid DishPair fees for creator relationships initiated through DishPair for a reasonable period following introduction, unless otherwise agreed in writing.

13. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISHPAIR DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DISHPAIR DOES NOT GUARANTEE RESULTS, CREATOR PERFORMANCE, CAMPAIGN SUCCESS, OR BUSINESS OUTCOMES.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISHPAIR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA.

DISHPAIR'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE RESTAURANT TO DISHPAIR IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify and hold harmless DishPair from any claims arising out of:

• Your Campaigns or business operations
• Your violation of these Terms or applicable laws
• Your instructions to creators or use of creator content

16. Force Majeure

DishPair shall not be liable for delays or failures caused by events beyond its reasonable control, including acts of God, government actions, labor disputes, internet outages, third-party platform failures, point-of-sale disruptions, or venue closures.

17. Suspension & Termination

DishPair may suspend or terminate access for violations of these Terms, misuse of the Platform, non-payment, or conduct that harms creators, users, or the DishPair ecosystem.

Termination does not relieve payment obligations already incurred.

18. Independent Contractor Relationship

Nothing in these Terms creates a partnership, joint venture, franchise, agency, or employment relationship between DishPair and the Restaurant or between the Restaurant and any creator.

23. SMS and Text Message Terms

23.1 SMS Program Terms

By providing your mobile phone number and explicitly opting in through DishPair's platform, you agree to receive transactional SMS or text messages from DishPair. Opt-in methods include:

• Submitting consent via our SMS Consent Page
• Providing your phone number during a restaurant interaction with a participating DishPair partner
• Opting in through a QR code, creator link, or DishPair mobile application

23.2 Message Types and Content

SMS messages from DishPair are transactional in nature and may include:

• Secure links to QR codes for restaurant access
• Exclusive menu items, secret menu access, or special experiences
• One-time promo codes or discount codes
• Order confirmations, redemption notifications, and visit-related updates
• Account security alerts and service notifications
• Exclusive offers from participating restaurant partners

23.3 Consent Requirements

Explicit Consent Required: SMS messages are sent only after you provide explicit written consent by checking the consent checkbox and submitting your phone number. Consent must be freely given and is specific to SMS communications from DishPair.

Not a Condition of Purchase: Consent to receive SMS messages is not a condition of purchasing any goods or services from DishPair or participating restaurants. You can use DishPair services without opting in to SMS communications.

23.4 Message Frequency and Costs

Message frequency varies based on your activity and interactions with participating restaurants. You may receive messages when claiming offers, accessing exclusive experiences, or when redemption status changes.

Message and data rates may apply based on your mobile carrier's plan. You are responsible for any charges incurred from your carrier. DishPair is not responsible for carrier fees or charges.

23.5 Opt-Out and Help Commands

You may opt out of receiving SMS messages at any time using the following methods:

• Text STOP: Reply STOP to any SMS message from DishPair to immediately unsubscribe. You will receive one final confirmation message.
• Text HELP: Reply HELP to receive customer support information and assistance.
• Email Support: Contact us at hello@dishpair.com to opt out or manage your SMS preferences.

After opting out, no further SMS messages will be sent unless you opt in again through one of our consent mechanisms.

23.6 Privacy and Data Protection

DishPair respects your privacy and protects your phone number information. We do not send unsolicited messages, and we do not sell, rent, or share mobile phone numbers with third parties for their marketing purposes.

Your phone number and related consent data are stored securely and used solely for the purposes described in these Terms and our Privacy Policy.

23.7 Supported Carriers and Devices

DishPair SMS services are available to users with compatible mobile devices and wireless carriers in the United States. Supported carriers include, but are not limited to, AT&T, T-Mobile, Verizon, Sprint, and other major US carriers. Service availability may vary by carrier.

23.8 Modifications to SMS Services

DishPair reserves the right to modify, suspend, or discontinue SMS services at any time, with or without notice. We may also modify the types of messages sent or the message frequency as needed to improve service.

19. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Venue shall be in state or federal courts located in California.

20. Modifications

DishPair may update these Terms from time to time. Continued use of the Platform constitutes acceptance of updated Terms.

21. Entire Agreement

These Terms, together with the Privacy Policy and any in-Platform Campaign terms, constitute the entire agreement between you and DishPair.

22. Contact Information

DishPair, Inc.
Email: hello@dishpair.com
Website: https://dishpair.com