FNGRFOOD.com

Terms and Conditions of Service

Last Updated: February 11, 2026

1. Introduction and Acceptance of Terms

Welcome to FNGRFOOD. FNGRFOOD is a white-label food ordering and customer engagement platform (the “Service”), operated by MoxiePHL, Inc. d/b/a FNGRFOOD, (“FNGRFOOD,” “we,” “our,” or “us”) and made available via web ordering, our website (the “Site”), and as an application for mobile devices (the “App”) in conjunction with restaurants, food service establishments, and other merchants who participate in the Service (“Merchants”).

These Terms and Conditions (“Terms”) govern your use of and access to the Site, App, and all related services and content made available through the Service. By accessing or using any part of the Site, App, and/or Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

In order to use our Service, you must:

Be an individual person at least 18 years of age;
Possess the legal authority and capacity to enter into a binding agreement in your jurisdiction of residence;
Not be a person barred from receiving the Service under the laws of the United States or any other applicable jurisdiction; and
Comply with all applicable local, state, national, and international laws and regulations.

3. Account Registration

In order to access certain features of the Service, you will be required to create an account. You may only create one account, and accounts are non-transferable. When you create an account, you agree to:

Provide accurate, current, and complete information about yourself;
Maintain and promptly update your account information to keep it accurate, current, and complete;
Maintain the security and confidentiality of your login credentials; and
Accept responsibility for all activities that occur under your account.

You must notify us immediately if you believe your account credentials have been lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

4. Privacy Policy

Your privacy is important to us. Please refer to our Privacy Policy, which is incorporated into these Terms by reference, for information on how we collect, use, store, and disclose information from our users. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

5. Description of the Service

FNGRFOOD provides a platform that enables consumers to browse menus, place food and beverage orders, participate in loyalty and rewards programs, and receive personalized offers, promotions, and other engagement opportunities (collectively, “Opportunities”) from participating Merchants. The Service may be delivered via the Site, the App, email, push notifications, SMS, and other communication channels.

Key features of the Service may include, but are not limited to:

Online and mobile food and beverage ordering;
Loyalty rewards programs and points accumulation;
Personalized offers, discounts, and promotions;
Payment processing and stored payment methods;
Order history and reordering functionality; and
Customer engagement communications from Merchants.

6. Orders and Purchases

6.1 Placing Orders

When you place an order through the Service, you are submitting a purchase request to the applicable Merchant. All orders are subject to acceptance by the Merchant. We act as a technology platform facilitating the transaction between you and the Merchant; we are not a party to the transaction for the sale of food, beverages, or other products.

6.2 Pricing and Availability

All prices displayed on the Service are set by the applicable Merchant and are subject to change without notice. Menu items and availability are determined by the Merchant and may vary by location, time of day, or other factors. We do not guarantee the accuracy of pricing, descriptions, or availability of any items listed on the Service.

6.3 Payment

You may be required to provide a valid payment method to place orders through the Service. By providing a payment method, you represent and warrant that you are authorized to use the payment method and authorize us and/or our third-party payment processor(s) to charge the payment method for orders placed through the Service, including applicable taxes, fees, and gratuities. Payment processing services may be provided by third-party payment processors, and your use of such services is subject to their respective terms and conditions.

6.4 Cancellations and Refunds

Cancellation and refund policies are determined by the applicable Merchant. If you wish to cancel an order or request a refund, you must contact the applicable Merchant directly. We may, at our sole discretion, assist in facilitating communications between you and the Merchant regarding cancellations or refunds, but we are not obligated to do so and bear no liability for the Merchant’s decisions regarding the same.

7. Loyalty Rewards and Promotions

7.1 Earning Rewards

The Service may allow you to earn loyalty points, rewards, or other benefits (“Rewards”) through qualifying purchases or other activities as defined by the applicable Merchant. Reward programs, including the criteria for earning and redeeming Rewards, are established by each Merchant and may vary.

7.2 Redeeming Rewards

Rewards must be redeemed in accordance with the terms and conditions set by the applicable Merchant. Rewards are not transferable, are not redeemable for cash or any monetary value, and may be subject to expiration or forfeiture as determined by the Merchant.

7.3 Modification or Termination of Rewards Programs

We and/or the applicable Merchant reserve the right to modify, suspend, or terminate any Rewards program at any time, with or without notice. Any accrued Rewards may be forfeited upon termination of the program or your account.

7.4 Linked Payment Cards

The Service may allow you to link one or more payment cards to your account (“Linked Cards”) to enable automatic accrual and/or redemption of Rewards. By linking a payment card, you agree that your payment network may examine transactions on your Linked Card to identify qualifying purchases and share transaction data with FNGRFOOD for the purposes of administering Rewards. Not all payment cards or transaction types may be eligible. PIN-based purchases, payments made through third-party digital wallets (other than Apple Pay), and other transactions not processed through the payment network’s own system may not qualify.

7.5 Nature of Rewards

Rewards, points, promotional benefits, and Statement Credits:

Have no cash value and are not property
Do not constitute a bank account, stored value account, deposit, or financial instrument
Are not transferable, assignable, or redeemable for cash
May be modified, suspended, revoked, or terminated at any time in our sole discretion or at the discretion of the applicable Merchant

Participation in any Rewards program does not create any vested right or property interest in accumulated Rewards. In cases of suspected fraud, abuse, misuse, or violation of these Terms, we reserve the right to void Rewards, reverse Statement Credits, or terminate participation in the program without notice.

8. Statement Credits

You may be eligible to receive Rewards in the form of statement credits to eligible Linked Cards (“Statement Credits”) in connection with certain Merchant offers. Statement Credits will not appear on your transaction receipt at the time of purchase, but will instead be reflected on your periodic card statement, typically within 3–5 business days after the qualifying transaction, subject to eligibility verification and settlement.

Statement Credits cannot be processed if your Linked Card number has expired, changed, or if your account is not in good standing. Neither FNGRFOOD nor any applicable card network shall be considered as maintaining any type of financial obligation, deposit, or asset account on your behalf.

9. Merchant Relationship and Disclaimers

You acknowledge and agree that:

FNGRFOOD is a technology platform that facilitates transactions between you and Merchants. We are not a restaurant, food service establishment, or retailer;
All food, beverages, goods, and services purchased through the Service are provided by the applicable Merchant, and the purchase of such items is subject to the Merchant’s own terms and conditions;
We do not control and are not responsible for the quality, safety, legality, or availability of any food, beverages, or other products offered by Merchants;
Redemption of Rewards is at the sole discretion of the applicable Merchant; and
Any disputes regarding food quality, order accuracy, food safety, pricing, or other Merchant-related issues must be directed to the applicable Merchant.

We may, at our sole discretion, assist you in resolving disputes with Merchants, but we are under no obligation to do so.

10. Release of Liability — Merchant Disputes

If you have a dispute with a Merchant about an order, an Opportunity, your Rewards, or any other matter related to goods or services purchased through the Service (collectively, “Disputes”), your dispute is with the Merchant and not with us or our service providers. You hereby release FNGRFOOD, our affiliates, and our officers, directors, employees, agents, successors, assigns, and service providers from any and all liability, claims, demands, actions, damages, or suits of any kind arising out of or related to such Disputes.

YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE §1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

10.2 Merchant Responsibility

You acknowledge and agree that each Merchant is solely responsible for the quality, safety, legality, preparation, labeling, and fulfillment of all food, beverages, goods, and services offered through the Service. FNGRFOOD does not control and is not responsible for Merchant operations, food safety practices, ingredient disclosures, allergen information, or regulatory compliance.

To the maximum extent permitted by law, FNGRFOOD shall not be liable for any claim arising from or relating to any act, omission, negligence, misconduct, or violation of law by a Merchant.

11. Payment Cards and Transaction Data

By registering for the Service and linking a payment card, you agree that your payment network (e.g., Visa, Mastercard) may examine transactions on your Linked Card to identify qualifying purchases and share transaction data with FNGRFOOD for the purposes of administering the Service.

The following types of payment cards may not be eligible for use with the Service:

Corporate and purchasing cards;
Health Savings Account (HSA) and Flexible Spending Account (FSA) cards;
Government-administered prepaid cards, including EBT cards;
Insurance prepaid cards; and
Other cards whose transactions are not processed through the payment network’s own system.

12. Mobile Application Terms

The following additional terms apply to your use of the App when accessed through or downloaded from any app store or distribution platform (each, an “App Provider”):

These Terms are between you and FNGRFOOD, not the App Provider. FNGRFOOD is solely responsible for the App;
The App Provider has no obligation to provide maintenance or support services for the App;
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider for a refund of the purchase price (if applicable); any other warranty claims are our responsibility;
The App Provider is not responsible for addressing any claims relating to the App, including product liability, regulatory compliance, or consumer protection claims;
In the event of any third-party intellectual property infringement claim related to the App, FNGRFOOD is responsible for investigation, defense, settlement, and discharge of such claim; and
The App Provider and its subsidiaries are third-party beneficiaries of these Terms with respect to your license of the App.

You must also comply with all applicable terms of service provided by the App Provider.

13. Prohibited Activities

The Service may be used and accessed for lawful purposes only. You agree that you will not, directly or indirectly:

Access or attempt to access non-public areas of the Service, our computer systems, or the systems of our providers;
Gather or use information from the Service to transmit unsolicited advertising, spam, or other forms of solicitation;
Use the Service for any commercial purpose or for the benefit of any third party except as expressly permitted by these Terms;
Violate any applicable law, regulation, or ordinance;
Use any automated means (including bots, scrapers, spiders, or crawlers) to access, copy, or monitor the Service without our prior written consent;
Provide fraudulent or false information;
Access the personal information of other users without authorization;
Tamper with or circumvent any security measures of the Service;
Resell or redistribute Opportunities, Rewards, or promotional offers;
Intentionally overload or disrupt our servers or infrastructure; or
Encourage or enable any other individual to engage in any of the foregoing activities.

We reserve the right to investigate and prosecute violations of these Terms and to cooperate with law enforcement authorities in prosecuting users who violate these Terms.

14. Account Cancellation and Suspension

You may cancel your account at any time through the Service or by contacting us. If you cancel your account, you will lose all accumulated Rewards and Reward progress.

You may remove a Linked Card from the Service at any time through your account settings. When you do so, we will no longer capture future transactions associated with that card, but we will retain transaction data from historical transactions as necessary to maintain your program records.

We may suspend, disable, or terminate your access to or use of the Service at any time if:

You have violated or breached any provision of these Terms;
We believe it is required by law; or
We provide notice to you of termination.

Accounts that remain inactive for more than 6 months may be subject to automatic cancellation. Once your account is cancelled, you will no longer be able to access your account information, and we will have no further obligation to provide the Service to you.

15. Intellectual Property

The Service, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, is owned by FNGRFOOD and/or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or otherwise exploit any part of the Service except as expressly permitted by these Terms.

Any feedback, comments, or suggestions you provide regarding the Service (“Feedback”) is entirely voluntary and non-confidential. We are free to use, disclose, reproduce, license, and distribute such Feedback without restriction or obligation to you.

16. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources. These links are provided for convenience only, and we do not endorse or assume responsibility for the content, products, or services of any third-party sites. Access to third-party sites is at your own risk.

17. Indemnification

You agree to indemnify, defend, and hold harmless FNGRFOOD, its affiliates, service providers, suppliers (including payment card networks and payment processors), and their respective officers, directors, employees, agents, successors, and assigns from and against all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys’ fees) resulting from:

A violation or breach of these Terms by you;
Any activity related to access to or use of your account; or
Any activity related to your redemption of Rewards or Opportunities.

18. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FNGRFOOD AND ITS SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR MEET YOUR REQUIREMENTS OR EXPECTATIONS.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FNGRFOOD, ITS SERVICE PROVIDERS, OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FNGRFOOD AND ITS SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE SHALL NOT EXCEED FIFTY DOLLARS ($50.00).

20. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. In such jurisdictions, the limitations and exclusions set forth above may not apply to you, and you may have additional rights.

21. Force Majeure

FNGRFOOD shall not be liable for any delay, disruption, or failure to provide the Service or any portion thereof resulting from causes beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, pandemics, or public health emergencies
Internet, telecommunications, or cloud service outages
Payment processor, payment network, or banking system failures
Delays in transaction settlement or authorization systems
Cybersecurity incidents not caused by our gross negligence
Government actions or regulatory changes
Labor disputes or supply chain disruptions

FNGRFOOD shall not be liable for any delay or failure in issuance of Rewards, Statement Credits, or promotional benefits resulting from payment network processing delays, merchant reporting delays, or third-party system outages.

22. Dispute Resolution and Governing Law

22. Dispute Resolution; Binding Arbitration; Class Action Waiver

22.1 Agreement to Arbitrate

You and FNGRFOOD agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, any Rewards program, Statement Credits, or your relationship with FNGRFOOD (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, except as otherwise provided herein.

This agreement to arbitrate is governed by the Federal Arbitration Act (“FAA”) and applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

22.2 Arbitration Procedures

Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. Arbitration may be conducted remotely or in the county of your residence, unless otherwise agreed by the parties.

The arbitrator shall have exclusive authority to resolve all threshold arbitrability issues, including enforceability, scope, and validity of this arbitration agreement.

Judgment on the arbitration award may be entered in any court having jurisdiction.

22.3 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies and remains on an individual basis.

22.4 30-Day Opt-Out

You may opt out of this arbitration agreement by sending written notice to info@fngrfood.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration.

If you opt out, neither party will be bound by this arbitration provision.

22.5 Class Action Waiver

YOU AND FNGRFOOD AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

If this Class Action Waiver is found to be unenforceable, then the entirety of this Section 22 shall be null and void.

23. Changes to These Terms

We may revise these Terms from time to time. We will endeavor to provide at least 30 days’ notice prior to any material changes taking effect. By continuing to access or use the Service after revised Terms become effective, you agree to be bound by the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the Service.

24. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

25. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and FNGRFOOD with respect to the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

26. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of FNGRFOOD.

27. Contact Information

If you have any questions or concerns about these Terms, please contact us at: info@fngrfood.com

Terms & Conditions