Terms and Conditions

Terms and Conditions

Please read these terms and conditions carefully as they affect your rights with respect to the use of the Extra Dough App and website.

These Terms and Conditions represent a valid and binding Agreement (the “Agreement”) between you (the “User”) and Extra Dough, LLC (“Extra Dough”).

Section 10 contains provisions regarding how claims will be resolved between Extra Dough and the User. PLEASE CAREFULLY REVIEW SECTION 10 BECAUSE IT CONTAINS A MANDATORY ARBITRATION AGREEMENT BETWEEN THE USER AND EXTRA DOUGH. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE YOUR RIGHT TO HAVE CLAIMS HEARD BEFORE A JURY AND INSTEAD AGREE TO SUBMIT ALL CLAIMS TO BINDING ARBITRATION.

1. Acceptance of this Agreement

Extra Dough is a technology company that creates a marketplace for the selling of baked goods. Extra Dough uses its software to connect home bakers with customers who are seeking to purchase baked goods (the “Service”). In addition, Extra Dough connects independent contractor drivers with delivery opportunities. Extra Dough is not a bakery and it is not a delivery service. Extra Dough does not produce any baked goods and it does not hire drivers to execute deliveries.

By using this website and/or by downloading the Extra Dough App, you agree to be bound by the terms and conditions of this Agreement.

In acceptance of this Agreement, you represent that (a) you have been given the opportunity to read, understand, agree to be bound tot eh Agreement (b) you are at least 13 years of age; (c) you are of legal age to download the App or to provide your information to the Extra Dough website in the jurisdiction in which you reside; and (d) you have authority to enter into this agreement individually.

2. Modifications

Extra Dough reserves the right to modify this agreement in its sole discretion. It shall be your responsibility to review this Agreement from time to time in order to make yourself aware of changes to the Agreement. At all times, you shall be responsible for knowledge of the terms of this Agreement.

3. Rules and Prohibitions

As you download the app and use the Service, You agree that:

(a) you will only use the Service for lawful purposes, which shall include a prohibition on the purchase of any illegal or prohibited items;

(b) all purchases of items that were made available to You through the Service shall be purchased only through the Extra Dough App;

(d) you will not make payments to bakers that you find on the Extra Dough App outside of the Extra Dough App – meaning all payments must be conducted through the Extra Dough App;

(e) you will not use content on the Extra Dough App or Website for any commercial purposes;

(f) you will not use the Service to cause a nuisance;

(g) you will not use another’s account to impersonate the other person;

(h) you will not create account on behalf of existing entity without authority to do so;

(i) you will keep your account, including your username and password, secure;

(j) the information you provided is accurate;

(k) you will not test vulnerability of system;

(l) you will not attempt to harm users of Extra Dough;

(m) you will not engage in threatening, harassing, racist, sexist or any other behavior that Extra Dough deems inappropriate when using the Service;

(n) you will report any errors that you discover while using the Service, including, but not limited to, the sale of any prohibited item; and

(o) you will not abuse the promotional system by redeeming multiple coupons through opening multiple accounts to benefit from offers that are made to first-time users only.

If Extra Dough believes you have breached any of the aforementioned warranties and representations, Extra dough reserves the right to suspend and/or permanently deactivate your account at Extra Dough’s sole discretion.

4. Contractors are Independent

Extra Dough provides a technology platform for connecting consumers with independent contractor bakers (“IC Bakers”) and for connecting delivery opportunities for delivery of baked goods with independent contractor drivers (“IC Drivers”). You acknowledge that Extra Dough does not prepare food or offer delivery services, and has no responsibility or liability for acts or omissions of IC Bakers or IC Drivers.

You agree that Extra Dough is not responsible for IC Bakers’ food preparation or the safety of food or whether photographs accurately reflect food prepared by the IC Bakers or delivered by the IC Drivers. You agree that goods you purchase will be prepared by IC Bakers. You agree that Extra Dough never, at any time, holds title to or acquires ownership interest in goods you order through the service.

5. User Account

You agree to keep your user account accurate, current and complete. You are responsible for activities that occur under your password or account. You will monitor your account to prevent use by minors. You may not authorize others to use your account. Extra Dough will not be liable for expenses or fees incurred by Extra Dough or a third party arising from someone using your account. You agree not to create an account if you have previously been banned from use of the service.

6. User Content

User Content shall include all content that you contribute to the Extra Dough platform. At this time, it is anticipated the only way the User can contribute to the Extra Dough platform is through Ratings and Reviews. You represent that you are the owner of all User Content that you submit and that such information does not contain material that is false, intentionally misleading, or defamatory. You hereby grant Extra Dough full rights to license, use, copy, display, publish, modify, remove translate, distribute, or otherwise use the User Content without approval by you. This license and right shall survive termination of services or your account. You agree that Extra Dough may monitor and/or delete your User Content for any reason in Extra Dough’s sole discretion.

Ratings and Reviews. To the extent you provide ratings or reviews for IC Bakers on Extra Dough, such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Extra Dough. You agree that you will base any Rating or Review only on first-hand experience. You also agree that you will not provide Rating or Review for any IC Baker for which you have an ownership interest, employment relationship, or other affiliation or for any of that IC Baker’s competitors. You further agree you will not submit a Rating or Review in exchange for payment, free food items, or other benefits. Extra Dough may remove any Rating or Review in its own discretion without notice.

7. Communications with Extra Dough

By using the service, you agree to accept and receive communications from Extra Dough, IC Bakers, IC Drivers or third parties providing services to Extra Dough via email, text message, calls, and push notifications.

8. Intellectual Property Ownership

Extra Dough owns all right, title and interest in and to the Software and the Services. This Agreement does not convey to you any rights of ownership in or related to the Software or the Services. You agree that you will not remove, alter or obscure any copyright, trademark, or service mark.

9. Payment Terms

(a) Prices: Prices listed are estimates that are subject to change. In the event of a change, Extra Dough reserves the right to charge your payment method the final price after checkout. Charges paid by you for completed and delivered orders are non-refundable.

(b) Promotional Offers: You agree that promotional offers are subject to the terms of this Agreement and may be valid for only certain Users as indicated in the offer.

(d) Premium Subscription: Extra Dough Premium is an automatically renewing subscription requiring recurring payments. Extra Dough Premium grants you access to reduced fees on orders placed through Extra Dough for eligible IC Bakers with a minimum subtotal as described during sing up (excluding taxes and tips). Such benefits may be redeemed only with eligible IC Bakers.

10. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH EXTRA DOUGH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELEIF.

(a) Scope of this Agreement (the “Arbitration Agreement”). You agree that any dispute arising in any way from your access or use of Services will be resolved by binding arbitration.

(b) Informal Resolution. You agree that many disputes may be resolved by good-faith informal efforts, resulting in lower costs to yourself and Extra Dough. You therefore agree to personally meet and confer with Extra Dough by contacting Extra Dough through the service@extradough.io email to attempt to resolve the dispute informally in good faith prior to demanding arbitration.

(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”). Before initiating arbitration, the party seeking arbitration must send notice of intent to initiate arbitration to Extra Dough. Such notice must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of legal claims and factual bases for those claims; (3) a description of the remedy sought; and (4) the signature of the party seeking arbitration.

(d) Waiver of Jury Trial. YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. Instead, you elect to have all claims and disputes resolved by arbitration.

(e) Waiver of Class or Consolidated Actions. YOU AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Extra Dough is entitled to arbitration of such claim or dispute.

(f) No Effect on Independent Contractor Agreement. Nothing in this Agreement shall supersede or modify the terms of separate agreements between you and Extra Dough relating to your work as an independent contractor.

11. Banned Substances.

IC Bakers on Extra Dough are restricted in the items that they are allowed to sell. For example, IC Bakers are prohibited from selling alcohol, marijuana, CBD or any related products. If you become aware that any IC Baker is attempting to sell such item, you agree to notify Extra Dough of this activity. You agree that you will not attempt to purchase any restricted item from any IC Baker.

12. Disclaimer of Warranties

You agree that your use of the Extra Dough software is entirely at your own risk. Use of the software is provided on an “as is” basis without warranties of any kind. Extra Dough does not warrant that the software will operate error-free or that the software or services are free of computer viruses and other harmful malware.

13. Breach

You understand and agree that your failure to adhere to the provisions of this Agreement shall constitute a material breach of the Agreement. Further, you agree to the limitations on remedies and liabilities set forth in this Agreement.

Extra Dough’s liability shall not exceed the amount paid by you in the six months immediately preceding the event giving rise to the claim.

14. Termination

Extra Dough shall have discretion to terminate your user account and your right to use the Service if Extra Dough determines you have violated this agreement. Extra Dough has the right to modify or discontinue the Service at its sole discretion.

15. General Provisions

(a) Choice of Law. This Agreement is governed by the laws of the State of Arizona consistent with the Federal Arbitration Act.

(b) Severability. If any provision of this Agreement is found to be invalid, such provision shall be removed and shall not affect the validity of the remaining provisions of the Agreement.

(c) Notice. In any instance where this Agreement requires notice, such notice must be in writing. Extra Dough shall deliver notice to you at the e-mail address provided by you. If you are required to provide notice to Extra Dough, you shall provide such notice to the service@extradough.io email address. Such notice shall be deemed given on the next business day after such e-mail is actually received by Extra Dough.

(d) Assignment. The rights and licenses hereunder may not be transferred or assigned by you.

(e) Entire Agreement. This Agreement is the final, complete and exclusive agreement between you and Extra Dough.