Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Falco, Inc., a Delaware corporation ("Falco," "we," "us," or "our"), governing your access to and use of the Falco mobile application, website at www.thefalco.com, and all related services (collectively, the "App" or "Service").

By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not use the Service.

Age Requirement: You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you meet this requirement. Users between 13 and 17 may use the App only with verified parental or guardian consent.

Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you of material changes via in-app notification or email. Your continued use of the App after such changes constitutes acceptance.

Falco is an AI-powered food ordering and delivery platform that connects consumers with local restaurants, grocery stores, and retail vendors. The App provides:

• Food and Grocery Ordering: Browse menus, place orders for delivery or pickup from local restaurants, grocery stores, and other vendors
• Nomi AI Assistant: An AI-powered assistant that helps you discover food, provides personalized recommendations, and assists with ordering
• Rewards Program: Earn points and rewards with every order, redeemable for discounts and perks
• Dine-In Reservations: Reserve tables at participating restaurants
• Stories and Reels Feed: Discover local businesses through an immersive content feed
• Real-Time Tracking: Track your delivery driver in real time

Falco is a technology platform and marketplace. We facilitate transactions between you and independent vendors and delivery partners. Falco does not prepare food or employ delivery drivers as employees.

Creating an Account

To use most features of the App, you must create an account by providing a valid phone number and/or email address. You agree to:

• Provide accurate, current, and complete information during registration
• Keep your account credentials confidential and not share them with others
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activity that occurs under your account

Phone Number Verification

During registration and login, Falco will send a one-time passcode (OTP) to your phone number to verify your identity. By providing your phone number and proceeding with registration, you consent to receive SMS verification messages from Falco. Standard message and data rates may apply.

Account Termination

You may delete your account at any time through the App settings. Falco reserves the right to suspend or terminate your account for violations of these Terms, fraudulent activity, or misuse of the Service.

This section describes Falco's SMS text messaging program in compliance with the Telephone Consumer Protection Act (TCPA) and carrier requirements.

Program Name

Falco OTP and Notifications

Program Description

Falco sends SMS text messages to users for the following purposes:

• One-time passcodes (OTP) for account verification and secure login
• Order confirmation and receipt notifications
• Delivery status updates (order accepted, picked up, on the way, delivered)
• Driver arrival notifications
• Account security alerts (e.g., login from a new device)

How to Opt In

You opt in to receive SMS messages from Falco when you provide your phone number and create or log in to a Falco account. By entering your phone number and completing registration, you consent to receive the SMS messages described above.

Message Frequency

Message frequency varies. OTP messages are sent only when you initiate a login or account verification action (typically 1–2 messages per login). Order notification messages are sent based on the status of your active orders (typically 3–5 messages per order).

Message and Data Rates

Message and data rates may apply. Your mobile carrier's standard messaging and data rates apply to all SMS messages sent to or from Falco. Falco does not charge additional fees for SMS messages.

Opt-Out Instructions

To stop receiving SMS messages from Falco, reply STOP to any Falco text message. After opting out, you will receive a single confirmation message confirming your opt-out. No further messages will be sent unless you opt back in. Note: Opting out of SMS will prevent delivery of OTP codes; you may need to use an alternative login method.

Help

For assistance with the Falco SMS program, reply HELP to any Falco text message or contact us at:

Supported Carriers

Falco's SMS service is available on all major US carriers, including AT&T, Verizon, T-Mobile, and Sprint. Carrier availability may vary.

Privacy of SMS Data

Your phone number and SMS usage data are used solely to deliver the messages described above and to detect fraud or abuse. Your information will not be shared with third parties for their marketing purposes. Please see our Privacy Policy at www.thefalco.com/privacy for full details on how we handle your data.

Placing Orders

When you place an order through the App, you are entering into a transaction directly with the vendor (restaurant or store). Falco facilitates the transaction but is not a party to the contract between you and the vendor. Vendors are responsible for the accuracy of menu information, item availability, and order preparation.

Delivery

Delivery is performed by independent delivery partners. Delivery fees and estimated delivery times are displayed in the App before you confirm your order. Actual delivery times may vary based on distance, traffic, and order volume. Falco is not liable for delays caused by circumstances outside our reasonable control.

Pricing and Fees

• Item prices are set by vendors and displayed in the App at the time of ordering
• Delivery fees are calculated based on distance and displayed before order confirmation
• Service fees may apply to each order
• Applicable taxes are calculated and displayed at checkout
• Tips for drivers are optional and go directly to the driver

Payment

All payments are processed securely through Stripe. By submitting an order, you authorize Falco to charge your selected payment method for the total amount shown at checkout. Charges are made at the time of order placement.

Cancellations and Refunds

You may cancel an order within a limited window after placement (before the vendor begins preparation). Once preparation has begun, cancellations may not be possible. Refund eligibility depends on order status and the reason for cancellation. Contact support@thefalco.com for refund requests.

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App for any fraudulent, illegal, or unauthorized purpose
• Place orders with no intention of paying or accepting them
• Provide false information about yourself, your address, or your order
• Harass, abuse, or harm vendors, drivers, or Falco employees
• Attempt to reverse engineer, hack, or interfere with the App or its systems
• Use automated tools, bots, or scripts to access or interact with the App
• Circumvent geographic or account restrictions
• Resell items purchased through the App for commercial purposes without authorization

Violation of these rules may result in suspension or permanent termination of your account.

The Falco App, including its design, graphics, software, trademarks, and all content ("Falco IP"), is owned by Falco, Inc. and protected by United States and international intellectual property laws.

We grant you a limited, personal, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or otherwise exploit any portion of Falco IP without our express written permission.

User-submitted content (reviews, photos) remains your property, but you grant Falco a worldwide, royalty-free license to use, display, and distribute such content in connection with operating the App.

Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FALCO DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Food Safety

Falco is not responsible for the quality, safety, or legality of food prepared by third-party vendors. If you have a food allergy or dietary restriction, you are responsible for verifying menu information directly with the vendor before ordering.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FALCO'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO FALCO IN THE 30 DAYS PRECEDING THE CLAIM.

IN NO EVENT SHALL FALCO BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Informal Resolution

Before filing a formal dispute, please contact us at support@thefalco.com. Most issues can be resolved through direct communication.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Binding Arbitration

Any dispute arising out of or related to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or another mutually agreed location. The arbitrator's decision shall be final and binding.

Class Action Waiver

YOU AND FALCO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Falco regarding the App.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, pandemics, or infrastructure outages.

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