Merchant Agreement Terms & Conditions

Updated June 2026

These Merchant Agreement Terms & Conditions (the “Terms”) are entered into by and between FamilyMeal Concepts Inc. (d/b/a Disco Cater) (“Disco Cater,” “we,” “us,” or “our”) and the restaurant, caterer, or other food-service business that registers for or uses the Services (“Merchant,” “you,” or “your”). By accepting these Terms, by signing a Merchant Order Form that references these Terms, or by accessing or using the Services, Merchant agrees to be bound by these Terms.

1. Definitions

As used in these Terms, the following capitalized terms have the meanings set forth below:

• “Services” means the Disco Cater catering marketplace, websites, mobile and web applications, merchant dashboard, ordering and menu-management tools, payment-processing facilitation, and related software and services made available by Disco Cater.
• “Software” means any software, application programming interfaces, widgets, or code provided or made accessible by Disco Cater as part of the Services.
• “Merchant Data” means menus, pricing, descriptions, images, hours, locations, and other content or information that Merchant submits to or makes available through the Services.
• “Customer” means an end user who places, or seeks to place, a catering order through the Services.
• “Customer Data” means information relating to a Customer that is collected or processed in connection with an order, including name, contact details, delivery address, and order history.
• “Order” means a request by a Customer to purchase catering products or services from Merchant through the Services.
• “Fees” means the amounts payable in connection with the Services as described in Section 5 and in any applicable Merchant Order Form.

2. Scope

These Terms govern Merchant’s access to and use of the Services. Disco Cater operates a marketplace and technology platform that enables Merchant to list catering offerings, receive and manage Orders, and accept payment from Customers. Disco Cater is not a restaurant, caterer, or food-service provider, and does not prepare, handle, or deliver food. Merchant is solely responsible for the preparation, quality, packaging, fulfillment, and—where applicable—delivery of all products ordered through the Services.

3. Right to Use the Services

2.1. Subject to Merchant’s continued compliance with these Terms, Disco Cater grants Merchant a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services solely for Merchant’s internal business purpose of offering and fulfilling catering Orders.

2.2. Disco Cater may update, modify, enhance, or discontinue any part of the Services at any time. Disco Cater will use commercially reasonable efforts to provide notice of material changes that adversely affect Merchant’s use of the Services.

2.3. Merchant is responsible for obtaining and maintaining all equipment, devices, and internet connectivity needed to access the Services, and for the security of Merchant’s account credentials and all activity that occurs under Merchant’s account.

4. Usage Restrictions

Merchant shall not, and shall not permit any third party to:

3.1. Copy, modify, translate, or create derivative works of the Services or Software.

3.2. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the Software, except to the extent expressly permitted by applicable law.

3.3. Sell, resell, rent, lease, sublicense, distribute, or otherwise commercially exploit the Services except as expressly authorized.

3.4. Use the Services to transmit any unlawful, infringing, defamatory, deceptive, or harmful content, or any malware or malicious code.

3.5. Interfere with or disrupt the integrity or performance of the Services, or attempt to gain unauthorized access to the Services or related systems or networks.

3.6. Use the Services to solicit Customers away from the Services in a manner that misappropriates Disco Cater’s legitimate interests, or to circumvent applicable Fees.

3.7. List products that Merchant is not legally authorized to sell, or that violate any applicable law, regulation, or third-party right.

3.8. Use the Services in violation of any applicable law, including food-safety, labeling, health, licensing, tax, consumer-protection, and data-protection laws.

5. Ownership: Merchant Data, Customer Data & Trademarks

4.1. As between the parties, Merchant retains all right, title, and interest in and to Merchant Data. Merchant grants Disco Cater a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting), display, and distribute Merchant Data as necessary to operate, promote, and improve the Services and to fulfill Orders.

4.2. As between the parties, Disco Cater owns all right, title, and interest in and to the Services, the Software, and all related intellectual property, including all improvements, enhancements, and derivative works thereof. No rights are granted to Merchant other than as expressly set forth in these Terms.

4.3. Customer Data collected through the Services is processed in accordance with the Disco Cater Privacy Policy. Merchant may use Customer Data solely to fulfill Orders and provide related customer service, and may not use Customer Data for independent marketing or any other purpose without the Customer’s consent and compliance with applicable law.

4.4. Merchant grants Disco Cater a non-exclusive, royalty-free license to use Merchant’s name, logos, and trademarks (“Merchant Marks”) to identify Merchant and market its offerings on and in connection with the Services. Disco Cater grants Merchant no right to use the Disco Cater name, logos, or trademarks except as expressly authorized in writing.

4.5. Each party’s use of the other party’s marks shall be consistent with any brand guidelines provided, and all goodwill arising from such use inures to the benefit of the owner of the marks.

4.6. Disco Cater may collect and use aggregated and de-identified data derived from use of the Services for analytics, benchmarking, and improvement of the Services, provided such data does not identify Merchant or any Customer.

6. Billing and Payment

5.1. Merchant shall pay all Fees applicable to its use of the Services as set forth in the applicable Merchant Order Form or as otherwise communicated by Disco Cater. Unless otherwise stated, Fees are exclusive of taxes, and Merchant is responsible for all taxes associated with its sales other than taxes based on Disco Cater’s net income. Disco Cater may deduct or net Fees from amounts collected on Merchant’s behalf. Undisputed amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

7. Payment Processing

6.1. Payment-processing services for Orders are provided by one or more third-party payment processors and are subject to those processors’ terms and conditions. By using the Services to accept payment, Merchant agrees to the applicable payment-processor terms.

6.2. Disco Cater, directly or through its payment processor, will facilitate the collection of Customer payments and the remittance of net proceeds to Merchant, less applicable Fees, refunds, chargebacks, and adjustments.

6.3. Merchant is responsible for the accuracy of its payout account information. Disco Cater is not liable for delays or losses resulting from inaccurate or outdated account details provided by Merchant.

6.4. Merchant is responsible for refunds, chargebacks, and disputes arising from its Orders. Disco Cater may offset or recover such amounts, together with associated fees, from amounts otherwise payable to Merchant.

6.5. Disco Cater may place a reserve on, delay, or withhold payouts to the extent reasonably necessary to cover anticipated refunds, chargebacks, disputed amounts, or suspected fraudulent or unlawful activity.

6.6. Merchant shall comply with all applicable rules of the payment-card networks and with applicable laws relating to the processing of payments, including the Payment Card Industry Data Security Standard (PCI-DSS) to the extent applicable to Merchant.

8. Term and Termination

7.1. These Terms commence on the date Merchant first accepts them or first uses the Services and continue until terminated. Either party may terminate these Terms for convenience upon notice to the other party. Disco Cater may suspend or terminate Merchant’s access immediately if Merchant breaches these Terms, poses a risk to Customers or the Services, or engages in fraudulent or unlawful activity.

7.2. Upon termination, Merchant’s right to use the Services ceases. Termination does not relieve Merchant of obligations to fulfill Orders accepted before termination or to pay amounts accrued before termination. Sections that by their nature should survive termination (including Sections 4, 5, 6, 8, 9, 10, 11, 12, and 15) will survive.

9. Representations; Disclaimer of Warranties

8.1. Merchant represents and warrants that it has the full right, power, and authority to enter into and perform under these Terms; that it holds all licenses, permits, and registrations required to operate its business and to prepare and sell the products it lists; and that its products and Merchant Data comply with all applicable laws.

8.2. Merchant represents and warrants that all menus, pricing, allergen and ingredient information, and other Merchant Data are accurate and not misleading.

10. Limitation of Liability

11. Indemnification

10.1. Merchant shall defend, indemnify, and hold harmless Disco Cater and its affiliates, and their respective officers, directors, employees, and agents, from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Merchant’s products, including food safety, quality, allergens, and fulfillment; (b) Merchant Data; (c) Merchant’s breach of these Terms or violation of law; or (d) Merchant’s acts or omissions.

10.2. The indemnifying party’s obligations are conditioned on the indemnified party providing prompt notice of the claim, reasonable cooperation, and sole control of the defense and settlement (provided that any settlement that imposes liability or obligations on the indemnified party requires its prior written consent).

12. Confidential Information

11.1. “Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential. Each party shall use the other’s Confidential Information solely to perform under these Terms and shall protect it using at least reasonable care.

11.2. Confidential Information does not include information that is or becomes public through no fault of the receiving party, is rightfully known without restriction, is independently developed, or is rightfully obtained from a third party. A party may disclose Confidential Information if required by law, provided it gives reasonable advance notice where permitted.

13. Data Privacy & Security

12.1. Each party shall comply with all applicable data-protection and privacy laws in connection with the Services.

12.2. Disco Cater processes Customer Data in accordance with the Disco Cater Privacy Policy.

12.3. Merchant shall access and use Customer Data only as necessary to fulfill Orders and provide related customer service, and shall not retain, disclose, or use Customer Data for any other purpose without a lawful basis.

12.4. Merchant shall maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, or disclosure.

12.5. Merchant shall promptly notify Disco Cater of any actual or suspected security incident involving Customer Data obtained through the Services and shall reasonably cooperate in the investigation and response.

12.6. Upon termination, Merchant shall cease using and, except as required by law, delete Customer Data in its possession that was obtained through the Services.

12.7. Merchant shall not sell Customer Data and shall honor applicable Customer rights requests as required by law.

14. Arbitration

13.1. Except for claims for injunctive relief or claims relating to intellectual property, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by a recognized arbitration body under its applicable commercial rules. The arbitration shall be conducted by a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction.

15. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, labor disputes, governmental action, utility or internet failures, or other force majeure events. The affected party shall use commercially reasonable efforts to resume performance.

16. General Provisions

15.1. Entire Agreement; Order of Precedence. These Terms, together with any applicable Merchant Order Form and the Disco Cater Privacy Policy, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements on the subject. In the event of a conflict, a signed Merchant Order Form controls over these Terms with respect to its specific subject matter.

15.2. Amendments. Disco Cater may update these Terms from time to time. Updated Terms become effective upon posting or upon the effective date stated. Merchant’s continued use of the Services after an update constitutes acceptance of the updated Terms.

15.3. Assignment. Merchant may not assign or transfer these Terms without Disco Cater’s prior written consent. Disco Cater may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and inure to the benefit of the parties’ permitted successors and assigns.

15.4. Notices. Notices to Disco Cater may be sent to concierge@discocater.com. Notices to Merchant may be sent to the contact information associated with Merchant’s account.

15.5. Miscellaneous. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. No waiver is effective unless in writing. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties; the parties are independent contractors. Section headings are for convenience only.

Questions about these Terms? Contact us at concierge@discocater.com.