Delivery Partner Terms

These Delivery Partner Terms ("Terms") form an agreement between you and Falco, Inc. ("Falco," "we," "us," or "our") governing your use of the Falco Driver application and your provision of delivery services on the Falco platform.

By creating a driver account, accepting a delivery offer, or otherwise using the Falco Driver app, you agree to these Terms. If you do not agree, do not use the Falco Driver app.

These Terms are separate from the consumer Terms of Service, which govern your use of Falco as a customer placing orders.

You must be at least 18 years old to enter into these Terms.

• You decide whether, when, where, and how often to make yourself available for deliveries. There is no minimum number of hours, deliveries, or acceptances required.
• You are free to accept or decline any delivery offer, and to work for other delivery platforms or in any other occupation at the same time, including while online with Falco.
• You supply your own vehicle, phone, data plan, fuel, insurance, and any equipment you use to deliver, and you bear the costs of those items.
• You are responsible for your own taxes, including self-employment tax, and for any licences or permits your jurisdiction requires. Falco does not withhold taxes from your earnings.
• You are not entitled to employee benefits such as health insurance, paid leave, retirement contributions, workers’ compensation, or unemployment insurance from Falco.

Falco provides the technology platform that connects customers, vendors, and delivery partners. Falco does not prepare food, does not own or control the vehicles used, and does not direct the manner or means by which you perform a delivery, beyond the quality and safety standards set out in these Terms and the requirements imposed by law.

To deliver on the Falco platform you must, at all times:

• Be at least 18 years old to deliver on the platform, and at least 21 years old to accept any order containing alcohol.
• Hold a valid driver’s licence for the class of vehicle you use.
• Hold vehicle insurance that meets or exceeds the minimum required by your jurisdiction, and that covers your use of the vehicle for delivery.
• Deliver using a vehicle that is registered, roadworthy, and listed on your Falco account.
• Have the legal right to work in the country in which you deliver.
• Pass any background, identity, or driving-record check we or our verification providers reasonably require.

Documents

You must upload and keep current your driver’s licence, government-issued identification, proof of insurance, and vehicle registration. You are responsible for replacing any document before it expires. We may suspend your ability to accept offers if a required document is missing, expired, or cannot be verified.

Accuracy

You must provide accurate, current, and complete information, and keep it up to date. Providing false information, or submitting a document that is not yours, is grounds for immediate and permanent deactivation.

Your account is personal

Your account is yours alone. You may not let another person use it, deliver on your behalf, or access it. Account sharing endangers customers and is grounds for immediate deactivation.

Offers

When you are online, the platform may send you delivery offers showing the estimated pay, the pickup and drop-off locations, and the estimated distance and time. You may accept or decline any offer. Accepting an offer is a commitment to complete that delivery.

Completing a delivery

• Collect the correct order from the vendor and confirm it using the method the app presents — a code, a QR scan, or an item check.
• Keep the order secure, upright, and at an appropriate temperature while in transit. Do not open, tamper with, or consume any part of an order.
• Deliver to the address and in the manner the customer selected, and follow the delivery instructions attached to the order.
• Complete the verification step the order requires. Depending on the order this may be a handoff code, a photograph of the delivered order, a signature, or an identification scan.
• If you cannot complete a delivery, use the in-app flow to report the problem rather than abandoning the order.

Age-restricted orders

You may not leave an age-restricted order unattended under any circumstances, regardless of the customer’s instructions.

The parties

Services to be provided

You provide on-demand local courier services: collecting prepared food, groceries and other permitted goods from a vendor and delivering them to the customer named on the order, using a vehicle registered to your account, and completing the verification step that order requires.

Rate and method of compensation

• Rate. Each delivery is priced individually. The amount payable is shown to you in full before you accept, and may include a base amount, distance and time components, and any promotion or bonus then in effect. Accepting the offer sets the rate for that delivery.
• Adjustments. Where a delivery takes materially longer or covers materially more distance than estimated, the amount may be adjusted upward. We do not adjust it downward after acceptance except to recover a payment made in error or a delivery found to be falsified.
• Tips. One hundred percent of every customer tip is paid to you. Falco takes no portion of any tip and does not use tips to reduce or subsidise the amount Falco itself pays you.
• Method. Payment is made in United States dollars by electronic transfer to the bank account you register, processed by Stripe.

When you are paid

Earnings for a completed delivery become payable on completion and are transferred to your registered bank account on the payout schedule shown in the app, and in any event no later than thirty (30) days after the delivery is completed. Where you request an earlier or on-demand payout and that option is available to you, payment is made on that request instead.

Records

We retain a copy of this contract, together with the record of every delivery you complete and every amount paid to you, for at least two years, and we will provide a copy to you on request and to the Illinois Department of Labor if it requires one. You can see and export your own earnings records at any time in the app under Earnings.

No retaliation

We will not deactivate you, withhold work from you, or otherwise penalise you for asserting a right under the Freelance Worker Protection Act, for requesting a written contract, or for asking to be paid what you are owed.

Who holds which licence

The vendor holds the retail licence that permits the sale of alcoholic liquor. Illinois Public Act 104-0451, effective 1 July 2026, expressly permits a licensed retailer to contract with a third-party delivery service for direct-to-consumer delivery, and confirms that doing so is not an unlawful resale of alcohol. Falco delivers under that arrangement, on the vendor’s licence. You do not need a liquor licence of your own, and you may not deliver alcohol on the Falco platform other than through an order assigned to you in the app.

You must be 21 or older

Training is mandatory

Illinois requires delivery personnel handling alcohol to be trained under Section 6-27.1 of the Liquor Control Act. You must complete that training through an approved provider and keep the certification current. We will not offer you an order containing alcohol unless a valid certification is on file for you, and you must provide it to us on request.

Age at handoff

• You must verify in person that the person accepting the order is at least 21, by scanning their identification in the app. A visual check is not sufficient and is not accepted.
• You must refuse the handoff, without exception, if the recipient cannot produce valid identification, is under 21, or appears intoxicated.
• You may never leave an alcohol order unattended, at a door, with a neighbour, or in any location, regardless of what the customer has asked for.
• Mixed drinks prepared by the retailer must remain in the tamper-evident sealed container in which they were supplied. If a seal is broken or missing when you collect the order, do not accept it — report it in the app.

Refusing a handoff on any of these grounds is always the correct decision. It will never count against your acceptance rate, your ratings, or your standing on the platform, and you will be compensated for the trip.

Chicago: additional rules, and one hard prohibition

Public Act 104-0451 does not preempt municipalities with a population over one million, so Chicago sets its own rules on top of the state ones, under Chicago Municipal Code 4-60-082. Where a Chicago rule is stricter, the stricter rule applies to you.

What we do carry in Chicago is alcohol in its original, manufacturer-sealed packaging — beer, wine and spirits as they left the producer — which a third-party service is permitted to deliver.

• Certification. Chicago requires a person delivering alcohol to be 21 or older and to hold current BASSET or TIPS certification, in addition to the state training under 235 ILCS 5/6-27.1. Hold whichever your work requires and keep it current.
• Age verification before handoff. The recipient\u2019s age must be verified before the alcohol changes hands, not after.
• Transport. Alcohol must travel in the boot of your vehicle, or in a rear compartment not readily accessible from the passenger area \u2014 never on a seat, in a footwell, or anywhere within reach while you are driving.

Consequences

Delivering alcohol to a person under 21 or to an intoxicated person, or bypassing the in-app age check, exposes you to personal criminal liability under Illinois law and jeopardises the vendor’s liquor licence and Falco’s ability to carry alcohol at all. It results in immediate and permanent deactivation, and we will cooperate fully with any regulatory or law-enforcement investigation.

While using the Falco Driver app you must not:

• Drive unsafely, or operate a vehicle while impaired by alcohol, drugs, or fatigue.
• Interact with the app in a way that distracts you from driving. Set your route before you move, and stop safely before responding to the app.
• Harass, threaten, discriminate against, or behave abusively toward customers, vendors, other delivery partners, or Falco staff.
• Contact a customer outside the platform, or use a customer’s address, phone number, or any other information for any purpose other than completing their delivery.
• Falsify a delivery — including marking an order delivered that was not delivered, submitting a photograph that does not show the delivered order, or entering a handoff code you obtained by any means other than from the recipient at the door.
• Manipulate the platform, including using automation, location spoofing, or multiple accounts to obtain offers.
• Deliver using a vehicle other than one registered on your account.

We may monitor delivery quality, on-time performance, completion rate, and customer ratings, and may limit or end your access if your performance falls persistently below platform standards.

How you are paid

Your earnings for a delivery are shown to you before you accept it. Pay may include a base amount, distance and time components, and promotions or bonuses that are in effect at the time. Where the delivery takes materially longer or covers materially more distance than estimated, the final amount may be adjusted upward.

Tips

Customers may add a tip before or after a delivery. One hundred percent of every tip goes to you. Falco does not take any portion of a tip and does not use tips to offset the amount we pay you.

Payouts

Payouts are processed by Stripe to the bank account you provide. You are responsible for the accuracy of your bank details; we are not liable for funds sent to an account you entered incorrectly. Payout timing depends on your bank and on Stripe’s processing schedule.

Adjustments and recovery

We may withhold, reverse, or recover amounts paid to you where a delivery is found to have been falsified, where payment was made in error, or where we are required to do so by law. We will tell you the reason for any adjustment, and you may dispute it through in-app support.

Taxes

You are solely responsible for reporting and paying tax on your earnings. We will issue the tax documents required in your jurisdiction based on the taxpayer identification information you provide.

The Falco Driver app collects your precise location continuously while you are online, including while the app is in the background and your phone is locked. This is necessary to send you nearby offers, to let customers and vendors track an active order, to navigate, and to calculate distance-based pay. Location collection stops when you go offline.

The app also collects verification documents, proof-of-delivery photographs and signatures, voice messages you record in chat, and payout information. What we collect, why, how long we keep it, and how to delete your account is set out in full in the Driver Privacy Policy.

Biometric consent and release

By completing identity verification you consent to, and give Falco and its identity-verification provider a written release to, collect, capture, store and use your biometric identifiers and biometric information for the sole purpose of confirming that you are the person shown on your identification and preventing fraud and account takeover.

The Driver Privacy Policy sets out our publicly available retention schedule and destruction guideline: we destroy this data when the purpose for collecting it has been satisfied, or within three years of your last interaction with Falco, whichever occurs first. We do not sell, lease, trade or otherwise profit from it, and we disclose it only as that policy describes.

Consent is not buried in these Terms alone: the app asks for it separately, in writing, before verification begins, and you may decline. Identity verification is required to deliver on the platform, so declining means we cannot approve your delivery-partner account. You may withdraw consent at any time by deleting your account.

Read the Driver Privacy Policy →

By accepting these Terms you consent to that collection and use. You may withdraw consent at any time by revoking permission in your device settings or deleting your account, but the platform cannot dispatch deliveries to a driver whose location it cannot see.

We send you a one-time verification code by SMS when you register or sign in. If you opt in, we may also send operational SMS about deliveries and payouts.

• Message frequency varies with your activity on the platform.
• Message and data rates may apply.
• Reply STOP to any message to opt out of SMS, or HELP for assistance.
• Opting out of SMS does not stop verification codes, which are required to sign in.

The app also sends push notifications for delivery offers and order updates. You can manage push notifications in your device settings, but disabling them means you will not be alerted to new offers.

You may leave at any time

You may stop using the Falco platform at any time, with no notice period and no penalty. To close your account entirely, open Profile in the app and choose Delete Account.

When we may deactivate you

• A required document has expired or cannot be verified.
• You no longer meet the eligibility requirements in these Terms.
• You have falsified a delivery, tampered with an order, or delivered an age-restricted item without a valid check.
• You have behaved unsafely, abusively, or unlawfully toward a customer, vendor, or another delivery partner.
• Your performance falls persistently below platform standards.
• We are required to do so by law.

Where the circumstances allow, we will tell you the reason for a deactivation and give you an opportunity to respond through in-app support. In cases involving safety, fraud, or a legal requirement, deactivation may be immediate. Deactivation does not affect earnings you have already accrued, which will be paid out in the ordinary course.

You are responsible for maintaining vehicle insurance that covers your use of the vehicle for delivery. Many personal auto policies exclude commercial or delivery use; it is your responsibility to confirm your coverage with your insurer and to obtain any additional cover you need.

You are responsible for your own conduct while delivering, including compliance with all traffic, transport, food-handling, and alcohol-service laws, and for any fines, penalties, or damage arising from it.

To the extent permitted by law, you agree to indemnify Falco against claims, losses, and expenses arising from your breach of these Terms, your negligence, or your violation of any law while providing delivery services.

THE FALCO DRIVER APP AND THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that delivery offers will be available at any given time, in any given area, or at any particular rate of pay. Earnings estimates shown in the app are estimates and not a promise of income.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FALCO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST EARNINGS, ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS PAID TO YOU BY FALCO IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you.

Most problems can be resolved quickly through in-app support, and we ask that you contact us first so we have an opportunity to put things right.

Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

Arbitration

Any dispute arising out of or relating to these Terms that is not resolved informally will be settled by binding arbitration administered under the rules of a recognised arbitration body, before a single arbitrator. The arbitration will take place in Wilmington, Delaware, or another mutually agreed location, or by videoconference where available. The arbitrator’s decision will be final and binding.

Class action waiver

YOU AND FALCO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Small claims and injunctive relief

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or prevent unauthorised access to the platform.

Your right to opt out of arbitration

You may opt out of this arbitration agreement, including the class action waiver, without any effect on your delivery-partner account or the offers you receive. To opt out, email founder@thefalco.com within 30 days of first accepting these Terms with your name, the email address on your account, and a statement that you are opting out of arbitration. If you opt out, disputes between us are resolved in court, and every other part of these Terms continues to apply.

If arbitration does not apply

If a court determines that the Federal Arbitration Act does not govern this agreement — including because you belong to a class of workers engaged in interstate commerce and therefore fall within section 1 of that Act — this section is enforced under applicable state arbitration law to the fullest extent permitted. If arbitration cannot be compelled at all, the dispute proceeds in court on an individual basis, and the class action waiver is severed only if a court holds it unenforceable, in which case the remainder of these Terms survives.

Changes to these Terms

We may update these Terms from time to time. When we make material changes we will update the "Last Updated" date above and notify you in the app or by email before the change takes effect. Continuing to accept deliveries after a change takes effect means you accept the updated Terms.

Entire agreement

These Terms, together with the Driver Privacy Policy, are the entire agreement between you and Falco regarding your provision of delivery services on the platform.

Severability

If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full force.

Assignment

You may not assign these Terms. Falco may assign them in connection with a merger, acquisition, or sale of assets.

Contact

Driver Privacy Policy · Consumer Terms of Service