Agreement with Tooleyo, LLC. These Terms & Conditions (“Terms”) form a binding agreement between you and Tooleyo, LLC (“Tooleyo,” “Phood Truck,” “we,” “us,” or “our”) concerning the Phood Truck websites, public food truck pages, owner-facing services, software-enabled tools, communications, integrations and related services that link to these Terms (collectively, the “Services”). If you use the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.
1. Eligibility & Accounts
You must be legally capable of entering into a binding agreement to use the Services. Business accounts must be created and used by an owner, employee or authorized representative of the applicable business.
You are responsible for providing accurate account information, keeping login credentials secure, restricting unauthorized access to your account and promptly notifying us if you believe your account has been compromised. You are responsible for activity occurring through your account except to the extent prohibited by applicable law.
2. What Phood Truck Provides
Phood Truck provides technology and business tools designed to help food truck businesses manage and grow their operations and customer relationships. Depending on your plan and configuration, the Services may include public food truck pages, schedules, booking-request tools, customer list-building tools, CRM functionality, communications, social planning, marketing tools, review tools, analytics, automations, estimates, invoices, calendars, pipelines, integrations and AI-assisted features.
Features may vary by plan, account configuration, device, geography, third-party availability and product updates. A feature described on our website is included only when it is identified as part of the plan or service you purchased.
Phood Truck is a technology platform. Unless expressly stated otherwise in writing, Tooleyo is not the food truck, venue, event host, caterer, payment card issuer or other party to transactions between food truck businesses and their customers, hosts or venues.
3. Free Listings & Paid Services
Phood Truck may offer free public food truck listings or other free features separately from paid Phood Truck business services. A free listing does not require the purchase of a paid subscription unless clearly disclosed otherwise.
Paid subscriptions provide the features identified for the purchased plan. Purchasing a paid service does not guarantee preferential placement, ranking or visibility in Phood Truck discovery results unless a separate sponsored or promotional placement is expressly identified as such.
4. Subscriptions, Fees & Billing
Paid Phood Truck plans are billed at the price and billing frequency shown at checkout. By purchasing a recurring subscription, you authorize Tooleyo and its payment processor to charge the payment method you provide for recurring subscription fees and applicable taxes until the subscription is canceled.
Subscription fees are charged in advance for the applicable billing period. Prices, features and plan structures may change in the future. If a change affects an existing recurring subscription, we will provide notice when required by law or our applicable billing practices.
You are responsible for maintaining a valid payment method and accurate billing information. Failed or overdue payments may result in suspension or loss of access to paid features.
5. Cancellation & Refunds
You may cancel a recurring Phood Truck subscription at any time. Unless otherwise required by law or expressly stated at the time of purchase, cancellation stops future renewal charges and your paid access continues through the end of the billing period already paid.
Subscription fees already charged are non-refundable except where required by law or where Tooleyo expressly agrees otherwise. Canceling a paid subscription does not automatically require removal of a separately available free Phood Truck listing; free-listing status may continue subject to these Terms.
6. Setup, Onboarding & Customer Responsibilities
Where setup or onboarding is included with a plan, Tooleyo may request business information, logos, images, links, menus, schedules, contact information and other materials needed to configure the Services. You are responsible for providing accurate information and for reviewing your setup for accuracy.
You remain responsible for your business decisions, pricing, availability, schedules, bookings, customer communications, taxes, licenses, permits, insurance, food safety, regulatory compliance and performance of services to your customers and hosts.
Phood Truck may simplify, organize or automate business tasks, but you are responsible for reviewing important information and confirming that automated actions, schedules, messages, bookings, estimates, invoices and public information are appropriate for your business.
7. Booking Requests, Events & Transactions
A booking request submitted through Phood Truck is an inquiry or request unless the applicable food truck business affirmatively confirms the booking. Phood Truck does not guarantee that a requested date, location, event or service will be accepted, available or completed.
Food truck owners and event hosts are responsible for agreeing on pricing, deposits, minimums, menus, attendance expectations, site access, permits, power, water, cancellation terms and other event details. Tooleyo is not responsible for disputes, cancellations, no-shows, food or service quality, venue conditions, event attendance or the performance of a food truck, host, venue or customer.
8. Customer Lists, Email & Text Messaging
If you use Phood Truck to collect customer information or send email, text messages or other communications, you are responsible for complying with applicable privacy, marketing, telemarketing, anti-spam and consumer-protection laws and for obtaining any consent required for the communications you send.
You may not upload purchased, scraped or unlawfully obtained contact lists, send deceptive or unlawful messages, or use the Services to contact people in violation of their communication preferences. You must honor unsubscribe and opt-out requests.
Carrier, messaging, email-delivery and third-party platform rules may apply. Delivery of any email, text message or other communication is not guaranteed.
9. Your Content
You retain ownership of content you submit to the Services, including business names, logos, photos, menus, descriptions, schedules, social content and other materials (“Your Content”).
You grant Tooleyo a non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, display, transmit and otherwise use Your Content as reasonably necessary to provide, operate, promote and improve the Services and to display public information you choose to publish through Phood Truck. This license lasts for as long as necessary to provide the Services and address legitimate operational, archival or legal requirements.
You represent that you own Your Content or have the rights and permissions necessary to provide and use it through the Services. You may not submit content that infringes intellectual property, privacy, publicity or other rights of another person or business.
10. Public Phood Truck Pages
Information designated for a public Phood Truck page may be publicly accessible and may be shared, indexed by search engines or viewed by customers and other users. You are responsible for deciding what business information you publish and for keeping public information reasonably accurate.
We may correct formatting, remove prohibited content, address duplicate or inaccurate listings, or restrict public content when reasonably necessary to operate the platform, respond to rights claims, protect users or enforce these Terms.
11. Third-Party Services & Integrations
Phood Truck relies on or may connect with third-party platforms and services, including HighLevel/GoHighLevel/LeadConnector, Stripe, Square, Lovable, Supabase, social networks, communications providers, APIs and other technology providers.
Your use of a third-party service may also be governed by that provider's terms and privacy policy. When you authorize an integration, you authorize the exchange of information reasonably necessary for the integration to function.
Third-party services are not controlled by Tooleyo. Their features, APIs, pricing, availability, permissions and policies may change or become unavailable. We do not guarantee uninterrupted availability of a third-party integration and may modify, replace or discontinue an integration when reasonably necessary.
12. Payments & Payment Processors
Payments for Phood Truck subscriptions may be processed by third-party payment processors such as Stripe. Square may also be used in connection with supported payment, point-of-sale or connected-account functionality. Payment processors may impose their own terms, requirements and privacy practices.
You authorize the applicable payment processor to process payment information and transactions necessary for services you request. Tooleyo is not a bank, card network or payment-card issuer and is not responsible for a payment processor's independent acts or omissions except to the extent required by law.
13. AI & Automated Features
Phood Truck may provide AI-assisted or automated functionality, including tools that help answer questions, generate ideas or content, organize information, route inquiries, assist with marketing, or support customer and host interactions.
AI output requires judgment. AI-generated or automated output may be incomplete, inaccurate or unsuitable for a particular situation. You are responsible for reviewing output before relying on, publishing, sending or acting on it.
You may not use Phood Truck's AI or automation features for unlawful, deceptive, harmful or abusive purposes. AI-assisted features are tools and do not provide legal, tax, accounting, financial, medical or other licensed professional advice.
14. Acceptable Use
You may not use the Services to:
- violate any applicable law, regulation or third-party right;
- send spam, unlawful marketing messages or fraudulent communications;
- impersonate another person or business or misrepresent your affiliation;
- upload malicious code, interfere with security, probe vulnerabilities or disrupt the Services;
- scrape, harvest or collect data from the Services except as expressly authorized;
- reverse engineer, copy or attempt to derive protected source code except where such restriction is prohibited by law;
- use the Services to distribute infringing, defamatory, deceptive, abusive or unlawful material; or
- use the Services in a way that materially harms Phood Truck, Tooleyo, our providers, users or the integrity of the platform.
15. Intellectual Property
Except for Your Content and third-party materials, the Services and their software, designs, branding, graphics, text, interfaces, workflows, documentation and other content are owned by Tooleyo or its licensors and are protected by applicable intellectual-property laws.
Phood Truck, Tooleyo and associated branding may not be copied or used in a manner that suggests sponsorship, endorsement or affiliation without permission. These Terms do not transfer ownership of Tooleyo's intellectual property to you.
16. Service Changes & Availability
We may improve, modify, add, remove or discontinue features as Phood Truck evolves. We may also perform maintenance or make changes required by security, legal, technical or third-party platform requirements.
We work to provide reliable Services, but we do not guarantee that the Services, any particular feature or any third-party integration will always be available, uninterrupted or error-free. Internet, mobile, email, SMS, social network, payment and third-party platform outages can affect availability.
17. Suspension & Termination
We may suspend or terminate access to all or part of the Services if you materially violate these Terms, fail to pay applicable fees, create security or legal risk, misuse the Services, or if suspension is reasonably necessary to protect Tooleyo, our providers, users or third parties.
You may stop using the Services at any time and may cancel paid subscriptions as described above. Provisions that by their nature should survive termination—including payment obligations already incurred, ownership provisions, disclaimers, limitations of liability and dispute provisions—will survive.
18. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TOOLEYO DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not guarantee a particular number of customers, leads, bookings, followers, reviews, sales, revenue or other business result from using Phood Truck. Business outcomes depend on many factors outside Tooleyo's control.
Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOOLEYO AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL OR LOSS OF DATA, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOOLEYO'S TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO TOOLEYO FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you.
20. Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless Tooleyo, its affiliates, officers, members, employees and contractors from third-party claims, damages, losses, liabilities and reasonable costs arising from your unlawful use of the Services, Your Content, your violation of these Terms, or your violation of another person's rights. This obligation does not apply to the extent a claim results from Tooleyo's own conduct for which indemnification cannot lawfully be required.
21. Privacy
Our collection and use of personal information is described in the Phood Truck Privacy Policy. By using the Services, you acknowledge that information will be handled as described in that policy and as otherwise permitted by applicable law.
READ THE PHOOD TRUCK PRIVACY POLICY →
22. Governing Law & Venue
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except where applicable law requires otherwise. Subject to any rights you may have under applicable consumer law, disputes arising from these Terms or the Services will be brought in the state or federal courts with jurisdiction in North Carolina, and the parties consent to the jurisdiction of those courts.
23. Changes to These Terms
We may update these Terms as Phood Truck, our business practices, technology or legal requirements change. When we update the Terms, we will revise the “Last Updated” date above. If required by law, we will provide additional notice of material changes. Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.
24. General Terms
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect and the unenforceable provision will be enforced to the maximum extent permitted by law. Our failure to enforce a provision is not a waiver of that provision. You may not assign your rights or obligations under these Terms without our consent, except where applicable law provides otherwise. Tooleyo may assign these Terms in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all relevant assets.
These Terms, together with the Privacy Policy and any additional terms presented for a specific service or purchase, constitute the agreement between you and Tooleyo concerning the applicable Services and supersede prior agreements on the same subject matter.
25. Contact Us
Questions about these Terms & Conditions may be sent to:
