Vendor Terms of Service

Truq provides software that enables Vendors to display menus, accept customer orders, and receive payments via QR-code-initiated mobile ordering. 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 2.0% + $0.25, presented by default as a customer-paid order fee at checkout. Vendor may elect to absorb the fee into its prices via Platform settings. 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, 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, 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. Marketing messages to customers require appropriate consent.

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, 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. Where required, Stripe or Truq will issue Form 1099-K to Vendor; Vendor agrees to provide accurate taxpayer information.

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.