Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the DriverEats platform, including the website, mobile applications, and all related services operated by DriverEats ("DriverEats"). By creating an account or using our services, you agree to be bound by these Terms and our Privacy Policy.

2. Driver Responsibilities

• Maintain a valid driver's license and vehicle insurance at all times
• Provide accurate GPS location during active delivery sessions
• Not falsify or mock GPS location data — doing so results in immediate deactivation
• Complete deliveries in a timely and professional manner
• Hold and maintain required certifications for specialty delivery types (B2B, medical, alcohol, hazmat)
• Verify recipient ID for all alcohol deliveries — no exceptions

3. Independent Contractor Status

Drivers who use DriverEats are independent contractors, not employees, agents, or partners of DriverEats. This relationship is fundamental to how the platform operates and is non-negotiable. By registering as a driver, you acknowledge and agree to the following:

• You control your own schedule. DriverEats does not set required hours, shifts, or minimum availability. You decide when, where, and how often you use the platform.
• You may work for other platforms simultaneously. DriverEats does not require exclusivity. You are free to provide services through any other delivery platform or for any other client.
• You run your own delivery service and are paid directly. Drivers are independent businesses that run their own delivery service and keep 100% of the delivery fee and tips, paid directly by the customer on the driver's own payment account — DriverEats does not pay drivers. DriverEats does not guarantee a minimum number of deliveries, a minimum amount of earnings, or any level of income. See drivereats.com/driver/pay for how independent drivers are paid for deliveries.
• You provide your own tools. You are responsible for your own vehicle, fuel, insurance, smartphone, and any other equipment needed to perform deliveries. DriverEats does not provide or reimburse these.
• No employment benefits. As an independent contractor, you are not entitled to and will not receive workers' compensation, unemployment insurance, health insurance, paid time off, retirement benefits, overtime pay, or any other benefit reserved for employees under applicable law.
• You are responsible for your own taxes. DriverEats does not withhold income taxes, Social Security, or Medicare from your earnings. You are responsible for reporting all earnings to the IRS as self-employment income and paying all applicable self-employment taxes. DriverEats will issue a 1099-NEC for any driver earning $600 or more in a calendar year.
• You may accept or decline orders freely. DriverEats does not penalize you for declining orders or for choosing not to use the platform on any given day. Acceptance rate is tracked internally for dispatch scoring only and is never disclosed to you.
• Deactivation is not termination of employment. If DriverEats deactivates your account for violations of these Terms (including GPS fraud, fake accounts, or verified misconduct), this is a termination of your license to use the platform — not a termination of employment. No employment law protections apply to this relationship.

Nothing in these Terms, in the DriverEats app, or in any communications from DriverEats shall be construed to create an employment, agency, partnership, or joint venture relationship between you and DriverEats.

4. Customer Responsibilities

• Provide accurate delivery addresses
• Be available or designate an authorized recipient for delivery
• Be present and provide valid government-issued photo ID when ordering alcohol (must be 21+)
• Not dispute charges without first contacting DriverEats support
• Not submit fraudulent orders or abuse the refund process

5. Payment Terms

Payments are handled by Stripe. By placing an order, you authorize a direct charge to your payment method that is split at the time of payment to the independent businesses fulfilling your order: the food/goods amount is charged by the restaurant on the restaurant's own Stripe account, and the distance-based delivery fee plus 100% of your tip is charged by the driver on the driver's own account. A single flat service fee (covering DriverEats' cost to dispatch the order and clear the payment, including the underlying card cost), applicable taxes, and any optional add-ons you select are also included. DriverEats is a neutral dispatch and clearing platform: it never holds, escrows, or captures your funds, and is never the merchant of record for your order.

Refunds are handled by DriverEats support and are subject to our refund policy. Chargebacks initiated without first contacting support may result in account suspension.

The DriverEats service fee is non-refundable. DriverEats is a neutral dispatch and clearing platform. The flat service fee compensates DriverEats for dispatching your order and clearing the payment, and is non-refundable — including when you choose to cancel an order after it has been placed, because that service has already been performed. The delivery fee is the independent driver's charge for the delivery service, and 100% of it goes to the driver; the food/goods amount is the restaurant's. This is separate from the goods you purchase: if an order you paid for is never delivered to you, you will be made whole by the merchant and/or driver for amounts paid for goods and services you did not receive. By creating a DriverEats account and by placing an order, you acknowledge and agree to this policy, whether or not you have read these Terms in full.

6. Alcohol Delivery

Alcohol delivery is available only to individuals 21 years of age or older. By ordering alcohol through DriverEats, you confirm you are 21 or older. A government-issued photo ID is required at delivery — no exceptions. We reserve the right to refuse delivery if the recipient appears intoxicated, cannot produce valid ID, or if there is any reason to believe the alcohol will be given to a minor.

Delivery of alcohol to a minor is a criminal offense under Arkansas state law. DriverEats and its drivers take this obligation seriously. See our Alcohol Delivery Policy for full details.

7. Driver Certifications

Certain delivery types require drivers to hold and upload valid credentials — for example, a government-issued 21+ ID for alcohol delivery, or a CDL, hazmat endorsement, or medical certificate where applicable. DriverEats verifies the credentials a driver uploads; it does not sell certification courses and does not charge certification fees. Credentials expire as noted in the driver app and must be re-verified to keep delivering in that category.

8. B2B Business Accounts

DriverEats B2B is a corporate delivery credit program for approved business customers. Business accounts allow companies to place delivery orders on a credit line, consolidated into periodic invoices. By applying for or using a B2B account, you agree to the following:

• Approval required. B2B accounts are subject to review and approval by DriverEats. Approval is not guaranteed and may be revoked at any time.
• Credit limits. Each approved account is assigned a credit limit. Orders that would cause the balance to exceed the limit may be declined.
• Payment terms. Outstanding balances are due within the payment period specified in your account agreement. Late payments may result in suspension of delivery privileges.
• Authorized users. You are responsible for all orders placed under your B2B account, including orders placed by authorized employees or representatives.
• Account suspension. DriverEats reserves the right to suspend or terminate a B2B account for non-payment, misuse, or violation of these Terms.

8a. Restaurant Pricing & Founder Rate

Restaurants are independent businesses that access DriverEats on a Per-Dispatch plan: a per-order clearing fee (currently 10% of the food subtotal) for each order dispatched to DriverEats drivers, with no monthly fee. A standalone POS Only rental is available and billed monthly as selected at signup; POS rental fees are non-refundable except as required by law. See the Restaurant Partner Agreement for full terms, including the reduced self-delivery rate.

Founder rate lock: The first foundational restaurant partners lock a founder clearing-fee rate (5%) for the life of their account while on the Per-Dispatch plan. Founder pricing applies only to the original subscribing account and is non-transferable.

9. Parcel & Haul Delivery

In addition to food delivery, DriverEats offers on-demand parcel delivery (packages and envelopes) and Haul & Deliver service (larger items, furniture, appliances). These services are subject to the following terms:

• Prohibited items. You may not use parcel or haul delivery to transport illegal items, dangerous goods (unless a certified hazmat delivery is selected), firearms, controlled substances, or any item that would violate applicable law.
• Item description. You must accurately describe all items being transported. Providing false or incomplete item descriptions may result in cancellation and account suspension.
• GPS proximity. Parcel handoffs are verified using GPS within a 50-meter radius. You must be physically present at the stated address to receive delivery.
• Haul service area. Haul & Deliver is available within a maximum route distance published in the app. Routes exceeding this limit require a custom arrangement — contact us in advance.
• No liability for fragile items. DriverEats drivers exercise reasonable care, but DriverEats is not liable for damage to fragile, improperly packaged, or inherently breakable items.
• Pricing. Parcel and Haul pricing is based on size tier and distance. Current pricing is displayed at checkout.
• Haul Plus (vehicle transport & commercial freight). DriverEats also offers Haul Plus for vehicle/auto transport and commercial freight (Class 2/3) through a technology clearinghouse that matches independent, credential-verified motor carriers with shippers. Participating carriers operate under their own FMCSA/USDOT/MC operating authority and insurance; DriverEats does not broker, set spreads on, negotiate rates for, or take custody of freight, and is not a party to the transport contract. Haul Plus transactions are additionally governed by the Freight Clearinghouse Terms.

10. Prohibited Uses

• Using the platform to transport illegal items
• Creating fake accounts or manipulating ratings
• Abusing promotions or referral programs
• Circumventing membership or clearing fees
• Using automated bots or scrapers on any DriverEats service
• Harassing drivers, restaurants, or DriverEats staff

11. Limitation of Liability

DriverEats is a neutral dispatch and clearing platform connecting customers, restaurants, and independent contractor drivers — it routes orders, clears payments, and provides business tools. Restaurants sell the food/goods as the merchant of record on their own payment accounts, and independent drivers sell the delivery service on their own accounts; DriverEats is never the merchant of record for an order, never holds or escrows customer funds, and never pays drivers. Restaurants set their own menu prices; drivers are independent businesses that run their own delivery service and keep 100% of the delivery fee and tips. Drivers are independent contractors, not employees of DriverEats. To the maximum extent permitted by law, DriverEats shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform, or for the acts, omissions, food, goods, or delivery services of the independent restaurants and drivers it connects.

Our total liability to you for any claim arising from use of the platform shall not exceed the total amount you paid to DriverEats in the 30 days preceding the claim.

12. Governing Law

These Terms are governed by the laws of the State of Arkansas, without regard to its conflict of law provisions.

13. Dispute Resolution — Binding Arbitration

Please read this section carefully. It affects your legal rights.

Except for claims that may be brought in small claims court, you and DriverEats agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the DriverEats platform will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration proceedings will take place in Benton County, Arkansas, or by video conference at your election. The arbitrator's decision shall be final and binding.

Class Action Waiver: You and DriverEats each waive any right to participate in a class action lawsuit or class-wide arbitration. All claims must be brought on an individual basis only.

Opt-Out: You may opt out of this arbitration agreement within 30 days of creating your DriverEats account by emailing jason@drivereats.com with the subject "Arbitration Opt-Out." If you opt out, disputes will be resolved in the courts of Benton County, Arkansas.

Nothing in this section prevents you from filing a complaint with a regulatory agency or pursuing claims for injunctive relief to prevent irreparable harm.

14. Service Area, Zone Coverage & Geographic Expansion

DriverEats operates a self-growing delivery network that activates cities and states autonomously based on local supply and demand signals. We do not use artificial launch dates or blanket advertising rollouts. Here is exactly how it works:

• Cities go live automatically. When a market accumulates the minimum number of approved local drivers (typically 3), active partner restaurants (minimum 2), and waitlist signups (typically 20+), that city's zone activates on its own — no manual decision required.
• State-by-state conquest model. DriverEats expands one state corridor at a time. Each state must reach a saturation threshold (currently 80% of qualifying population centers active) before the platform begins activating markets in adjacent states. This prevents thin coverage across too many geographies at once.
• Coverage starts at the commercial core. Each zone begins with a 2-mile radius around the busiest restaurant concentration in the market. The radius expands outward as more drivers come online.
• Waitlist priority. If you signed up on the waitlist in any city or state, you will receive an automated email the moment that market goes live — before any general public announcement.
• The queue is public. You can see every city, its current signal score, and how many drivers and restaurants are needed at drivereats.com/coverage.
• No guarantees of coverage. DriverEats does not guarantee service availability in any specific location. Coverage is contingent on local driver supply, restaurant participation, and state-level activation status.

By using DriverEats, you acknowledge that service availability in your area may change — including temporary zone pauses — and that these changes are driven by real-time capacity signals, not arbitrary business decisions.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification. Continued use of the platform after changes take effect constitutes acceptance of the revised Terms.

16. Contact

jason@drivereats.com