Skip to content

Platform Terms of Service

EvryBite Platform Terms of Service

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

1) Who we are

These Platform Terms of Service (“Terms”) govern your access to and use of the EvryBite website(s), mobile application(s), and related services (collectively, the “Platform”).
“EvryBite,” “we,” “us,” and “our” refer to Rescuing Leftover Cuisine, Inc. and its affiliates (if any).

“You” and “your” refer to any person or entity using the Platform.

2) What EvryBite does

EvryBite helps connect:

  • Customers who want discounted food and goods (“Rescue Items”), and
  • Businesses (restaurants, bakeries, grocers, cafes, and other sellers) that list Rescue Items on the Platform (“Sellers”).

Unless we explicitly say otherwise in writing, EvryBite is not the Seller of items listed on the Platform. Sellers control their listings and are responsible for fulfilling orders and complying with food safety and consumer protection laws.

We may also coordinate donation logistics for certain unsold items through Rescuing Leftover Cuisine or partners, but donation is not guaranteed and depends on timing, location, and operational constraints.

3) Eligibility and account registration

You must be able to form a binding contract where you live.
To use certain features, you may need an account. You agree to:

  • Provide accurate information
  • Keep your login credentials secure
  • Notify us promptly if you suspect unauthorized use

We may refuse registration, suspend accounts, or remove access if we reasonably believe there is fraud, misuse, or policy violations.

4) Key definitions

  • Listing: A Seller’s offer describing Rescue Items, price, pickup window, quantity, and any restrictions.
  • Reservation / Order: Your request to purchase a Listing through the Platform.
  • Pickup Window: The time period a Seller designates for collection.
  • Service Fees: Fees EvryBite may charge to operate the Platform (shown at checkout where applicable).

5) Listings, accuracy, and “as available” inventory

Rescue Items are often time-sensitive and may be limited. You understand:

  • Quantities can change quickly
  • Photos and descriptions may be representative, not exact
  • Availability is not guaranteed until an order is confirmed

Sellers are responsible for Listing accuracy, including allergen and ingredient disclosures where required.

6) Ordering, pickup, and no-show rules

Pickup: You must pick up your order at the designated location during the Pickup Window and follow any in-app instructions (for example, showing an in-app confirmation).
No-shows: If you do not pick up in time, the Seller may treat the order as forfeited. Depending on the Seller’s policy and local law, you may still be charged and may not be entitled to a refund.
Your responsibility: Check your order details and arrive on time. Late pickup may be refused for quality, safety, or operational reasons.

7) Changes and cancellations

Because Rescue Items are time-sensitive:

  • Customer cancellations: Cancellation options, deadlines, and any refund eligibility will be shown in the Platform or in the Seller’s policy at checkout. Some orders may be non-cancellable.
  • Seller cancellations or substitutions: Sellers may cancel an order if inventory is not available or operational issues arise. If a Seller cancels, you may receive a refund of amounts paid for the order (subject to payment processor timing).

We may issue credits, partial refunds, or other resolutions at our discretion when we believe it is fair and permitted by law.

8) Pricing, taxes, payments, and refunds

Pricing: Prices are set by Sellers.
Fees: EvryBite may add Service Fees and applicable taxes, which will be disclosed upon request at checkout.
Payments: Payments may be processed by third-party payment providers. EvryBite does not store full payment card numbers if a payment processor handles them.

Refunds: If a refund is approved, it will be issued to the original payment method unless we state otherwise. Timing depends on your bank and payment processor.

9) Food quality, allergens, and food safety

You understand that Rescue Items may be:

  • Near the end of their sell-by period
  • Prepared earlier in the day
  • Offered in limited quantities and variable assortments

Sellers are responsible for food preparation, storage, labeling, and compliance with food safety rules.
Allergens: If you have allergies or dietary restrictions, do not assume suitability. Contact the Seller before pickup when possible.

To the maximum extent allowed by law, you accept that consuming food carries inherent risks.

10) Donations of unsold items (where offered)

Some Sellers may opt to donate certain unsold items after attempting to sell through the Platform. If donation logistics are available, EvryBite and/or Rescuing Leftover Cuisine may facilitate routing items to recipient organizations.

Important notes:

  • Donation timing and eligibility vary by Seller and location.
  • Donation is not guaranteed for any specific item or day.
  • Sellers remain responsible for compliance with applicable donation and food safety laws.

11) User content, reviews, and communications

You may be able to submit reviews, ratings, photos, messages, or other content (“User Content”). You grant EvryBite a worldwide, royalty-free license to host, use, reproduce, modify (for formatting), and display User Content for operating and promoting the Platform.

You promise you have the rights to post your User Content and that it does not violate law or third-party rights.

12) Prohibited conduct

You agree not to:

  • Misrepresent your identity or create accounts to evade enforcement
  • Harass, threaten, or discriminate against others
  • Scrape, reverse engineer, or interfere with Platform security or functionality
  • Post illegal, deceptive, or infringing content
  • Use the Platform to facilitate unlawful activity

13) Intellectual property

EvryBite and its licensors own the Platform and related intellectual property, including software, branding, and design.
We give you a limited, revocable, non-transferable license to use the Platform for its intended purpose.

14) Feedback

If you send suggestions or ideas, you agree we may use them without restriction or compensation.

15) Third-party services and links

The Platform may integrate with services like maps, payment processors, analytics SDKs, or links to third-party sites. Those services are governed by their own terms and privacy practices. We are not responsible for third-party services.

16) Suspension and termination

We may suspend or terminate your access if we reasonably believe you violated these Terms, used the Platform fraudulently, or created risk to others or to the Platform. You may stop using the Platform at any time.

Sections that by their nature should survive termination (like liability limits, dispute terms, and licenses) will survive.

17) Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee:

  • Listings will always be available
  • Orders will always be fulfilled
  • Sellers’ information will always be accurate

18) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • EvryBite WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
  • EvryBite’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO EvryBite IN SERVICE FEES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

19) Indemnification

You agree to defend, indemnify, and hold harmless EvryBite from claims arising out of your misuse of the Platform, your User Content, or your violation of these Terms or applicable law.

20) Dispute resolution, arbitration, and class action waiver

Any dispute arising from these Terms will be resolved by binding arbitration on an individual basis, except where prohibited by law. You and EvryBite waive the right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms by emailing hello@evrybite.com with your name, email, and a clear opt-out statement.

21) Governing law

These Terms are governed by the laws of New York, excluding conflict-of-law rules, unless your local law requires otherwise.

22) Changes to these Terms

We may update these Terms from time to time. If changes are material, we will provide notice (for example, via the Platform). Continued use after the effective date means you accept the updated Terms.

23) Contact

Questions about these Terms:
Email: hello@evrybite.com
Mail: EvryBite / Rescuing Leftover Cuisine, Inc. 25 Broadway, 12th Fl, New York, NY 10004