Terms of Service

1. Agreement to Terms

Welcome to Upscale ("Upscale," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Upscale platform, including our website at upscale.menu and all related services, features, and content (collectively, the "Platform").

BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

These Terms constitute a legally binding agreement between you and Analog Research & Design LLC, a limited liability company operating as Upscale ("Upscale"). We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Platform after any changes indicates your acceptance of the modified Terms.

2. Description of Service

Upscale is a platform that connects small food businesses ("Businesses") with customers ("Customers"). The Platform enables:

• Businesses to create profiles, host menus, manage products, and receive orders

• Customers to discover businesses, browse menus, and place orders for food products

• Communication and transaction facilitation between Businesses and Customers

• Payment processing and order management tools

Upscale acts as a technology platform and marketplace facilitator. We are not a food service provider, restaurant, or delivery service. The contractual relationship for food orders is directly between the Business and the Customer.

3. User Accounts

3.1 Account Creation

To use certain features of the Platform, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information

• Maintain and promptly update your account information

• Maintain the security and confidentiality of your password

• Accept responsibility for all activities under your account

• Notify us immediately of any unauthorized access or security breach

3.2 Account Eligibility

You must be at least 18 years old to create an account and use the Platform. By creating an account, you represent and warrant that:

• You are at least 18 years of age

• You have the legal capacity to enter into binding contracts

• You are not prohibited from using the Platform under applicable laws

• All information you provide is truthful and accurate

3.3 Business Account Requirements

If you register as a Business, you additionally represent and warrant that:

• You have all necessary licenses, permits, and approvals to operate a food business

• You comply with all applicable food safety, health, and business regulations

• You have the authority to bind the business entity you represent

• Your food products meet all applicable safety and labeling requirements

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms, fraudulent activity, or misuse of the Platform. You may also terminate your account at any time by contacting us at support@upscale.menu.

4. Business Terms and Responsibilities

4.1 Menu and Product Information

As a Business, you are solely responsible for:

• Accuracy of menu items, descriptions, prices, and availability

• Product quality, freshness, and food safety

• Allergen information and dietary labeling

• Compliance with food labeling laws and regulations

• Timely updates to menu changes and product availability

4.2 Order Fulfillment

Businesses agree to:

• Accept or reject orders within a reasonable timeframe

• Fulfill accepted orders in a timely and professional manner

• Package food safely and appropriately

• Communicate clearly with Customers regarding order status

• Honor stated preparation times and pickup/delivery windows

• Handle cancellations and refunds in accordance with your stated policies

4.3 Legal Compliance

Businesses must:

• Maintain all required business licenses, permits, and insurance

• Comply with local, state, and federal food safety regulations

• Adhere to health department requirements and inspections

• Collect and remit all applicable taxes on transactions

• Comply with employment, labor, and worker safety laws

• Maintain appropriate liability insurance coverage

5. Customer Terms and Responsibilities

5.1 Placing Orders

When placing an order, Customers agree to:

• Provide accurate contact and delivery/pickup information

• Review menu items, prices, and order details before confirming

• Pay the full amount for orders, including applicable taxes and fees

• Be available to receive orders at the scheduled time

• Communicate dietary restrictions or allergies to the Business

5.2 Payment

Customers authorize Upscale and its payment processors to charge the payment method provided for:

• The full order amount, including food, taxes, and any applicable fees

• Tips or gratuities, if added by the Customer

• Any additional charges resulting from order modifications

You are responsible for maintaining valid payment information. Failed payments may result in order cancellation.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws or regulations

• Infringing on intellectual property rights of Upscale or third parties

• Posting false, misleading, or deceptive content

• Engaging in fraudulent activities or payment disputes in bad faith

• Harassing, threatening, or abusing other users

• Impersonating any person or entity

• Attempting to gain unauthorized access to the Platform or other accounts

• Introducing viruses, malware, or harmful code

• Scraping, crawling, or harvesting data from the Platform

• Interfering with or disrupting the Platform's operation

• Using automated systems or bots without authorization

• Reselling or redistributing the Platform or its content

• Using the Platform for any illegal or unauthorized purpose

20. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us: