Parkday Terms of Service

Effective Date: January 1, 2024

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Parkday, Inc. (“Parkday,” “we,” “us,” or “our”) governing your access to and use of our website, mobile application, and related services (collectively, the “Service”).

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree, you may not access or use the Service.

2. Nature of the Service

2.1 Parkday facilitates the discovery and reservation of meals offered through participating restaurant partners on behalf of corporate clients. Employees (“Users”) of these clients may access and reserve meals via the Service under their employer’s designated meal benefit plan.

2.2 Parkday does not itself prepare, cook, or handle any food. While we coordinate delivery logistics and assist in curating menus in partnership with restaurants, the sole responsibility for food preparation, ingredient sourcing, handling practices, and compliance with food safety laws lies with the restaurant.

2.3 Restaurant partners operate independently and are not employees, agents, or subcontractors of Parkday. We do not guarantee that any meal complies with specific dietary restrictions, nutritional preferences, or allergen-free assurances. Restaurants are solely responsible for their compliance with applicable federal, state, and local food safety regulations.

3. User Eligibility and Account Registration

3.1 The Service is available only to individuals at least 18 years of age and authorized by a participating employer. By using the Service, you represent and warrant that you meet this requirement.

3.2 You agree to provide accurate and complete information upon registering, and to keep such information up to date. You are responsible for maintaining the confidentiality of your login credentials, and for all activity under your account.

3.3 You may access the Service using your organization’s single sign-on (SSO) credentials, including Google SSO, where applicable.

4. Allergen and Dietary Information

4.1 Parkday employs proprietary technology, including artificial intelligence and user-submitted preference data, to flag potential allergens and dietary concerns based on the information available to us.

4.2 While we make reasonable efforts to display ingredient tags, allergens, and dietary markers, we do not warrant the accuracy, completeness, or reliability of such information. Cross-contamination or unlisted ingredients may occur, and meals may differ from those described.

4.3 It remains the sole responsibility of the User to evaluate whether a meal is safe or appropriate for their consumption. Users with dietary restrictions, allergies, or medical concerns should exercise caution and are encouraged to independently verify ingredient information directly with the restaurant if necessary.

5. Orders and Billing

5.1 Users may reserve meals via the Service under the scope of their employer’s meal benefit agreement. Parkday does not collect or process individual payments from Users unless expressly agreed otherwise.

5.2 All billing is managed directly between Parkday and the User’s employer. Reservation data is aggregated and invoiced monthly to the corporate client.

5.3 Parkday reserves the right to limit availability, cancel reservations, or modify menus for operational or compliance reasons.

6. Refunds and Meal Corrections

6.1 In the event of a materially delayed, incorrect, or incomplete meal delivery caused by Parkday or its restaurant partner, Parkday may, at its sole discretion:

• (a) Provide a replacement meal of comparable value; or

• (b) Credit the invoiced amount associated with the affected meal on the applicable employer’s monthly invoice.

6.2 Parkday does not issue direct refunds to Users.

6.3 Parkday’s total liability for any claim related to a specific meal shall not exceed the invoiced value of that meal, and Parkday shall not be liable for any indirect, incidental, consequential, or punitive damages.

7. Restaurant Indemnification

7.1 Each restaurant partner agrees to maintain all necessary permits, licenses, certifications, and insurance required under applicable law.

7.2 As a condition of participation, restaurants agree to indemnify, defend, and hold harmless Parkday, its officers, employees, and agents, from and against any third-party claims, losses, damages, or liabilities (including reasonable attorneys’ fees) arising from:

• (a) Foodborne illness, allergic reaction, or injury attributable to a meal;

• (b) Violation of food safety, health, or labor laws; or

• (c) Acts or omissions of restaurant staff, including negligence.

8. User Content and Feedback

8.1 Users may submit feedback, reviews, or other content related to their experience. By submitting such content, you grant Parkday a non-exclusive, royalty-free, transferable license to use, reproduce, modify, and display it in connection with the Service.

8.2 You represent and warrant that you have the rights to submit such content and that it does not violate any third-party rights or laws.

9. Intellectual Property

9.1 All content on the Service, including but not limited to logos, text, graphics, software, and trademarks, is the property of Parkday or its licensors and protected by applicable intellectual property laws.

9.2 You are granted a limited, non-exclusive, non-transferable right to access and use the Service solely in connection with your authorized employment-related benefit.

10. Prohibited Conduct

You agree not to:

• Use the Service in violation of any law or regulation

• Interfere with or disrupt the operation of the Service

• Access or scrape the Service using bots or automated methods

• Misrepresent your affiliation or identity

• Upload malicious code or content

11. Force Majeure

Parkday shall not be held liable for delays or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, strikes, transportation disruptions, pandemics, technical outages, or restaurant closures.

12. Limitation of Liability

To the maximum extent permitted by law, Parkday disclaims all warranties and shall not be liable for any indirect, incidental, special, or consequential damages, including loss of data, revenue, or personal injury, even if advised of the possibility of such damages. Our total aggregate liability shall not exceed the lesser of the invoiced value of the meal giving rise to the claim or the amount paid by the employer for the Service in the 30 days preceding the event.

13. Assignment

You may not assign your rights or obligations under these Terms without prior written consent. Parkday may assign these Terms without restriction.

14. Survival

All provisions which by their nature should survive termination of your access to the Service shall survive, including but not limited to indemnities, disclaimers, limitations of liability, and dispute provisions.

15. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute shall be resolved exclusively in the state or federal courts located in New York County, NY, unless otherwise agreed in a separate commercial agreement.

16. Modifications

We reserve the right to update or revise these Terms at any time. The most current version will be posted on our website with a new effective date. Your continued use of the Service constitutes acceptance of the revised Terms.

17. Contact

If you have questions about these Terms, please contact us at:

📩 Email: app@heyparkday.com