Business Terms of Service

EvryBite Business Terms (United States)

Effective date: January, 2026
Last updated: June, 2026

These EvryBite Business Terms (“Business Terms”) are a binding agreement between you (the business entity you represent, a “Business”) and Rescuing Leftover Cuisine, Inc., a New York 501(c)(3) non-profit corporation that operates the EvryBite marketplace and an associated charitable food rescue program (“EvryBite,” “RLC,” “we,” “us,” “our”).

EvryBite helps reduce food waste in two complementary ways. First, the Marketplace lets Businesses list surplus food as Rescue Bags for discounted Consumer pickup. Second, surplus food not sold through the Marketplace, or otherwise flagged by a Business for donation, is routed to RLC for free distribution to homeless shelters, rescue missions, and other charitable organizations (“RLC clients”). Both pathways are governed by these Business Terms.

1. Definitions

1.1 Marketplace: EvryBite websites, apps, dashboards, and related services.

1.2 Consumer: A person using the Marketplace to reserve surplus food from a Business.

1.3 Listing: A Business’s offer on the Marketplace for surplus food available for pickup.

1.4 Order: A Consumer’s reservation of a Listing through the Marketplace. An Order is not a purchase until Pickup is completed.

1.5 Rescue Bag: Surplus food offered by the Business via the Marketplace for pickup at a discounted price. A Rescue Bag may be either:

• Itemized: specific items selected by the Consumer; or

• Assorted Variety: an assortment not fully specified at the time of reservation.

1.6 Pickup Code: A reservation identification number or in-app confirmation mechanism that the Consumer presents at pickup.

1.7 Pickup: The in-person handoff of the Rescue Bag by the Business to the Consumer at the Business’s designated pickup location and time window. Pickup concludes the transaction between Business and Consumer.

1.8 Donated Food: Surplus food that is transferred from the Business to RLC, free of charge, for charitable distribution, either through Donation Conversion or by direct Business request.

1.9 Donation Conversion: The process by which a Rescue Bag that goes unsold by the close of its pickup window becomes Donated Food and is routed to RLC for charitable distribution, as further described in Section 3.7.

2. What these Business Terms cover

2.1 These Business Terms define:

• what you can expect from the Marketplace and the food rescue program;

• what we expect from you;

• how Listings, Orders, cancellations, Pickups, and Donation Conversion work; and

• dispute resolution, liability limits, and other legal terms.

3. Using EvryBite (how the Marketplace works)

3.1 Account and accuracy. You must register for a Business account and keep all account information accurate and current, including banking information needed for payouts.

3.2 Listings. You create Listings for Rescue Bags and specify:

• pickup address (must be a physical location);

• pickup window; and

• quantity and any Listing constraints (if supported).

3.3 Orders are reservations. A Consumer places an Order through the Marketplace. The Order is a reservation and is not a purchase until Pickup is completed.

3.4 Pickup only. EvryBite is pickup-only. No delivery is supported unless you and EvryBite agree in writing to a specific pilot or feature.

3.5 Pickup process and sale. You sell the Rescue Bag to the Consumer when the Consumer arrives during the pickup window and redeems the Pickup Code. Pickup is validated in the Marketplace, and the Consumer leaves with the Rescue Bag. The sale is exclusively between you and the Consumer.

3.6 Cancellations.

• In-app cancellations by Business. You may cancel Orders in-app, but you should not cancel within 2 hours of the listed pickup window start except in exceptional circumstances. Repeated late cancellations may lead to limitation or suspension of listing capabilities.

• In-app cancellations by Consumer. A Consumer may cancel in-app. A Consumer may also cancel if you materially change the pickup time or if you delay fulfillment beyond a reasonable time after arrival (for example, more than 30 minutes).

• In-store cancellation right. A Consumer may cancel any time before or during Pickup until Pickup is concluded, including for Assorted Varieties where the contents were not fully known at reservation time.

• EvryBite removals. We may remove Listings or cancel Orders when necessary (for example, recall, dispute, safety, fraud, or legal reasons).

3.7 Donation Conversion (default opt-out). Unless you notify EvryBite that you would like to not donate unsold Rescue Bags, any Rescue Bag that remains unsold at the close of its pickup window will be automatically eligible for rescue: the items become Donated Food and RLC will arrange a pickup window for charitable distribution to RLC clients. You may opt out of Donation Conversion at any time by emailing hello@evrybite.com. RLC may decline to collect Donated Food at its discretion (for example, where logistics, food type, or quantity make distribution impractical), in which case the food remains the Business’s responsibility.

4. Your key responsibilities as a Business

4.1 Authority. The person accepting these Business Terms represents and warrants that they are duly authorized and have legal capacity to bind the Business, and that acceptance has been duly authorized.

4.2 Payment collection authorization (agency). You appoint EvryBite as your limited agent (power of attorney) to collect payments from Consumers on your behalf for Rescue Bags sold via the Marketplace, in full discharge of the Consumer’s payment obligation to you. No payment is collected for Donated Food.

4.3 Compliance with law and food rules. You are responsible for complying in all material respects with all laws and regulations applicable to your food offerings and operations, whether sold as Rescue Bags or transferred as Donated Food. This includes food safety, handling, labeling, allergen disclosures, licensing, sanitation, and consumer protection rules (and, by way of example, if your business is in New York, the laws and rules of the New York City Department of Health). Upon request, you will provide copies of any inspection or examination report conducted by any state or local inspector or examiner with respect to operations at the locations from which food is picked up, plus ingredient, allergen, storage, and “consume by” information as required by law.

4.4 Food safety representation. You will only make available, whether as a Rescue Bag or as Donated Food, food that at the time of Pickup or transfer to RLC you believe is safe for human consumption and is not spoiled, contaminated, or likely to be harmful if consumed.

4.5 Marketplace rules (surplus integrity and value). You agree:

• to list only surplus food (unless otherwise agreed in writing);

• not to produce more food than you ordinarily would in order to sell through the Marketplace or to generate Donated Food;

• to ensure the stated or minimum retail value requirements (as shown in the Marketplace) are met for Rescue Bags.

4.6 Recalls and license loss. You must immediately remove Listings, halt any pending Donation Conversion, and notify EvryBite if there is a recall, safety risk, loss of license, or other legal non-compliance related to items offered through the Marketplace or transferred as Donated Food. We may retract pending Orders, cancel scheduled donation pickups, and issue refunds when appropriate.

4.7 Good organization standing. You are duly organized, validly existing, and at all times during your use of EvryBite shall be in good standing under the laws of your State of organization and hold all licenses necessary to conduct your business.

4.8 No prohibited content. You will not use the Marketplace or the food rescue program for unlawful activity, fraud, harassment, spam, scraping, or misuse of platform access.

5. EvryBite’s and RLC’s role

5.1 Marketplace: platform intermediary only. EvryBite does not own, control, or manage your Listings and is not a party to the sale of food between you and Consumers. You are responsible for the food you provide and for fulfilling your obligations to Consumers.

5.2 Charitable distribution of Donated Food. RLC is a duly qualified non-profit organization under § 501(c)(3) of the Internal Revenue Code. RLC will distribute Donated Food to RLC clients exclusively for charitable purposes of caring for the ill, needy, or infants, and will distribute it free of charge. RLC will not sell, barter, or otherwise exchange Donated Food for money or other items of value. RLC will comply with legal standards of hygiene in the handling, storage, and supply of Donated Food.

5.3 Consumer complaints. We may handle Marketplace-related complaints under internal processes and may request information from you. If a complaint is about food quality or contents, we may direct the Consumer to you. If you receive a complaint about EvryBite, you agree to direct it to EvryBite.

6. Payments, fees, refunds, and taxes

6.1 Marketplace fees. We may charge:

• a Partnership Fee for access to the Marketplace; and/or

• a per-Order Transaction Fee (or Reservation Fee equivalent). Fees and payout timing will be shown in your Business dashboard or a separate commercial terms addendum.

6.2 Collection and payout mechanics. EvryBite collects Consumer payments associated with completed Pickups and pays you the net amounts after deducting applicable fees.

6.3 No payments for Donated Food. No fees are charged to you and no payments are paid to you for Donated Food. From time to time, RLC will provide you with a monthly donation report or other reports relating to food you have donated.

6.4 Documentation. EvryBite may provide a receipt after Pickup validation and will provide periodic fee summaries and/or invoices.

6.5 Payout schedule. Payouts are made on the schedule shown in your Business dashboard or commercial addendum. We may withhold payouts where necessary (for example, fraud investigation, chargebacks, disputes, legal compliance), and we will provide notice when reasonable.

6.6 Refunds. EvryBite may refund Consumers to resolve issues (including complaints and recalls). If a refund is issued, the corresponding amounts may be deducted or offset from payouts and no additional amounts will be due between you and EvryBite for that Order.

6.7 Tax substantiation for Donated Food. To support eligibility for an enhanced tax deduction under section 170(e)(3) of the Internal Revenue Code for the receipt, transfer, and use of donated food products (subject to your qualifying status, cost, profit, and tax profile), RLC will, upon your request, provide you a written statement (i) describing the contributed property, including the date of its receipt, (ii) representing that the property will be used in compliance with the requirements of Internal Revenue Code section 170(e)(3), (iii) stating that RLC is recognized as exempt from federal income tax under Internal Revenue Code section 501(c)(3), and (iv) stating that adequate books and records will be maintained and made available to the Internal Revenue Service upon request.

6.8 Taxes and reporting. You are responsible for all taxes applicable to your Marketplace sales and payouts (including sales tax, if applicable) unless required otherwise by law. You agree to provide tax and identity information needed for payouts and compliance reporting (including reporting of transaction counts and proceeds where required).

7. Security and authorized users

7.1 You control who can access your Business account and are responsible for all activity by your authorized users. You must protect credentials and keep your email current.

8. Data and privacy

8.1 Each party will comply with applicable privacy laws (including, where applicable, CCPA). EvryBite controls Consumer personal data collected through the Marketplace and does not share it with Businesses except as permitted by law and our privacy practices.

9. Confidentiality

9.1 Each party will take reasonable steps to protect the other party’s confidential information, with standard exceptions (already known, public, lawfully obtained) and permitted disclosures (legal, regulatory, advisors).

10. Intellectual property and marketing

10.1 Your brand on EvryBite. You grant EvryBite and RLC a non-exclusive, worldwide, royalty-free license to display your Business name, logo, photos, menus, descriptions, and other Business-provided content to (i) operate and promote the Marketplace and your Listings, and (ii) recognize you as a donor or partner in connection with RLC’s listing of donors or partners. We may revoke or suspend either use for misuse.

10.2 Optional marketing and ads. EvryBite may offer optional promotional features (for example, featured placement, sponsored Listings, promotional discounts). These may be governed by additional terms or settings in your Business dashboard.

10.3 Use of EvryBite name. You may reference your participation in EvryBite in a factual way, subject to reasonable brand guidelines we provide. We may revoke permission for misuse.

11. Indemnity and limitation of liability

11.1 Indemnity (Marketplace). You will indemnify and defend EvryBite and its directors, officers, employees, and contractors from third-party claims arising out of your unlawful use of the Marketplace or violation of these Business Terms.

11.2 Good Samaritan protection and donor liability flip. The parties acknowledge that food donation is encouraged by federal and many state governments and that liability protection for injuries arising from the consumption of donated food is provided under the Bill Emerson Good Samaritan Food Donation Act and similar state and local laws, for qualifying food donation made in good faith. With respect to Donated Food specifically, and notwithstanding Section 11.1, you shall have no liability for claims arising out of or as a consequence of any act, neglect, or default of RLC, its agents, or employees, and RLC shall indemnify you for any breach by RLC of its obligations under these Business Terms relating to Donated Food.

11.3 Disclaimer. EvryBite is provided “as is” and without warranties to the extent permitted by law.

11.4 Liability cap. To the extent permitted by law, EvryBite’s total liability arising out of or relating to these Business Terms or your use of the Marketplace is limited to the amount EvryBite paid you during the three (3) months before the event giving rise to the claim. In no event shall RLC or EvryBite be liable to you or any other person for special, indirect, incidental, punitive, or consequential damages.

11.5 No exclusion where prohibited. Nothing limits liability for fraud, willful misconduct, or other categories that cannot be limited under applicable law.

12. Term, suspension, and termination

12.1 EvryBite may suspend or terminate access to the Marketplace or to the food rescue program (including deletion of a Business account) for material or repeated breaches, legal requirements, harm or liability risk, misuse, or extended inactivity.

12.2 You may stop using the Marketplace or the food rescue program at any time. Stopping one pathway does not, by itself, terminate your participation in the other.

13. Miscellaneous

13.1 Changes. We may update these Business Terms from time to time. Revised terms apply prospectively and apply upon continued use after the effective date.

13.2 Assignment. You may not assign these Business Terms without our prior written consent. We may assign with notice as required by law.

13.3 Governing law. These Business Terms are governed by the laws of the State of New York, without regard to conflict of laws principles.

13.4 Dispute resolution; arbitration; class action waiver. Most issues can be resolved by contacting us first. If not resolved, disputes will be resolved by final and binding arbitration in English. Arbitration will be administered by a recognized arbitration provider and conducted in New York County, New York, unless required otherwise by law. Disputes must be brought in the parties’ individual capacities and not as part of any class or representative action.

13.5 Entire agreement; headings. These Business Terms supersede all prior agreements, understandings, and discussions between the parties on the subject matter, including any prior food donation agreement. Section and clause headings are for convenience only and do not affect interpretation.

13.6 Contact.

Rescuing Leftover Cuisine, Inc. DBA EvryBite

25 Broadway, 12th Floor, New York, NY 10004

Marketplace support: hello@evrybite.com

Donation partnerships: partnerships@rescuingleftovercuisine.org

Phone: (646) 592-2229