Vendor Terms of Service

Truq provides software that enables Vendors to display menus, accept customer orders, and receive payments through QR-code-initiated mobile ordering and online catering requests. Truq is a technology provider only.

Truq is not the seller of any food or goods. Vendor is solely responsible for all products sold, including preparation, quality, safety, accuracy of menu descriptions, allergen information, pricing, licensing, permits, health-code compliance, and fulfillment of every order.

Payments are processed by Stripe through Stripe Connect. Vendor must create and maintain a Stripe connected account and agrees to the Stripe Connected Account Agreement (opens in a new tab), including the Stripe Terms of Service. Truq is not a bank, money transmitter, or payment processor.

Charges for Vendor's orders are processed on Vendor's connected account. Vendor is the merchant of record for all sales and is responsible for applicable payment processing fees charged by Stripe.

Platform Fee. Truq charges a platform fee per order, currently 3.5% of the order subtotal (the items, before tax and tip), capped at $3.00 per order. By default, the Platform Fee is charged to customers and shown at checkout as a “Service fee.” Truq may instead set Vendor's account so that Vendor absorbs the Platform Fee, in which case it is deducted from Vendor's proceeds and no service fee is shown to customers; Vendor may request either setting by contacting Truq. The service fee is not a tip and is not payable to Vendor or its staff. Tips are optional for customers and offered only if Vendor enables them (separately for walk-up and catering orders); Vendor chooses the preset tip percentages and which one, if any, is preselected, and customers can always choose no tip. Truq does not take any portion of tips. Truq may modify the fee with at least thirty (30) days' notice via email or dashboard notice; continued use after the effective date constitutes acceptance.

Vendor is responsible for all refunds, chargebacks, disputes, reversals, and associated fees arising from its orders.

Debit Authorization.Vendor authorizes Truq and Stripe to debit Vendor's connected Stripe account balance, future payouts, and — where the balance is insufficient — the bank account linked to Vendor's connected account, to cover refunds, chargebacks, dispute fees, negative balances, and amounts owed under these Terms.

When a full refund is issued through the Platform, Truq will return its Platform Fee for that order. Partial-refund fee treatment is at Truq's reasonable discretion.

Vendor agrees to respond to dispute-evidence requests within five (5) business days. Truq may, but is not obligated to, assist with dispute evidence (e.g., fulfillment confirmation records).

Truq may delay, withhold, or offset payouts, or require a reserve, where reasonably necessary to cover anticipated refunds, disputes, or suspected fraud.

Vendor shall:

• hold all licenses and permits required to operate (including food-service and mobile-vendor licenses);
• comply with all applicable laws, including health, safety, tax, and consumer-protection laws;
• keep menus, prices, and availability accurate;
• fulfill paid orders promptly or refund them;
• not use the Platform for any business or product prohibited by Stripe's Restricted Businesses list (opens in a new tab) or by law;
• provide accurate registration and identity information and keep it current.

As between the parties, Vendor owns its customer relationships and customer order data (names, phone numbers, email addresses, order history) generated through Vendor's storefront.

Vendor grants Truq a non-exclusive license to collect, store, and process such data to operate, secure, and improve the Platform, to send transactional communications (e.g., order-status texts), and to comply with law.

Each party shall comply with applicable privacy and telemarketing laws (including the TCPA) with respect to customer data. Vendor shall not use phone numbers or other contact information collected through the Platform for marketing, promotional, or any purpose other than fulfilling the associated order, consistent with Truq's Privacy Policy. Customer relationships and contact information Vendor obtains independently of the Platform are not restricted by this paragraph.

Text Message Program.Vendor authorizes Truq to send transactional text messages (SMS/MMS) about order status — for example, confirmation and ready-for-pickup notifications — to customers who opt in at checkout, on Vendor's behalf and under Truq's messaging registrations and carrier compliance framework. Message content, frequency (currently up to 3 messages per order), and opt-in/opt-out handling are managed by Truq as described in the Diner Terms of Service and Privacy Policy. Vendor shall not send text messages to numbers collected through the Platform and shall not represent itself as the sender of Platform messages.

Reports. Vendor can view sales reports and export its sales, refunds, and tax collected as CSV files, including for a single event. These exports do not include customer names, phone numbers, or email addresses. Each walk-up order records the location Vendor has set for the outlet at the time of the order.

Event Information.Vendor is responsible for the event information it and its team members enter into the Platform, including an event host's name and contact information, the event address, and notes, and represents that it has the right to provide that information to Truq for processing as described in the Privacy Policy. Vendor should not include personal information, such as a host's full name, in an event's name: event names are shown to customers who order using the event's QR code and are kept after other event details are deleted.

Vendor shall defend, indemnify, and hold harmless Truq, its members, and personnel from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Vendor's products, including food-safety, allergen, dietary-tag, or injury claims; (b) Vendor's breach of these Terms or of law; (c) disputes between Vendor and its customers or staff; (d) Vendor's taxes.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TRUQ DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUQ'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE PLATFORM FEES PAID TO TRUQ BY OR ATTRIBUTABLE TO VENDOR IN THE THREE (3) MONTHS PRECEDING THE CLAIM. TRUQ SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS.

Either party may terminate at any time with notice; Vendor may stop using the Platform at will.

Truq may suspend or terminate Vendor's access immediately for: suspected fraud; excessive disputes; breach of these Terms; risk, legal, or Stripe compliance reasons.

Sections 3, 5, 6, 7, 9, and 10 survive termination. Amounts owed (including future disputes on past orders) survive termination.

Vendor is solely responsible for its taxes, including sales tax collection and remittance. The Platform calculates sales tax using the tax settings on Vendor's account. Where required, Stripe or Truq will issue Form 1099-K to Vendor; Vendor agrees to provide accurate taxpayer information.

The Platform allows Vendor to label its products with dietary tags (e.g. Vegan, Vegetarian, Halal, Spicy, High-Protein) and allergen tags (e.g. Contains Dairy, Contains Gluten, Contains Nuts). These tags are self-reported by Vendor. Truq does not verify, test, or audit their accuracy and does not independently confirm ingredients, recipes, preparation methods, or cross-contamination risk at any Vendor location.

Allergen tags disclose the presence of an allergen in a product. The absence of an allergen tag is not a representation or guarantee that a product is free of that allergen or otherwise safe for a customer's dietary restriction or medical condition.

Vendor represents that any dietary or allergen tag it applies is accurate to the best of its knowledge as of the time it is applied, and agrees to promptly correct or remove a tag it knows or should know is inaccurate. Claims arising from inaccurate dietary or allergen tags are within the scope of Vendor's indemnification obligations under Section 6.

To the maximum extent permitted by law, Truq disclaims all liability for allergic reactions, illness, or other harm arising from a customer's reliance on dietary or allergen tags displayed through the Platform. This is in addition to, and does not narrow, the disclaimers and limitation of liability in Section 7.

Governing law: Illinois, without regard to conflicts rules. Venue: state or federal courts located in Cook County, Illinois.

Truq may update these Terms with notice; continued use constitutes acceptance.

Vendor may not assign these Terms without consent; Truq may assign to an affiliate or successor.

If any provision is unenforceable, the remainder stays in effect. No waiver is implied by inaction.

Notices may be given by email to the addresses on file and via dashboard notice.