Thank you for using Fido! Fido is an on-demand delivery service for all your favorite snacks and drinks (“Products”). These Terms of Service (“Terms”) govern your use of the Fido services, including the Fido delivery service, website, and mobile application (collectively, “Fido” or the “Services”), and are entered into by you and Nuro Inc., a Delaware corporation (hereinafter referred to as “the Company”).
1. About Fido
Fido brings the benefits of technology to deliveries of Products. Fido is a delivery service that allows you to pre-order a delivery of Products and finalize your selection when the delivery vehicle arrives to your location. A driver (“Companion Driver”) will accompany the vehicle to ensure smooth operation of your delivery, however, the Companion Driver will not generally be available to assist customers.
By using Fido to place a request for the delivery of Products, you agree to the charges stated in the app and at the time of delivery. This may include a delivery fee, and a pre-authorization of your credit card prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. To use Fido, you must agree to the terms of service of the payment method available on the delivery vehicle. Unless otherwise indicated, all prices and other amounts are in U.S. dollars.
Although the Company strives for an error-free experience, information provided through Fido could contain typographical errors, inaccuracies, or omissions. In such an event, the Company reserves the right to change, update, correct, or add any information, and the right to cancel orders for any reason without prior notice (including after you have submitted an order and/or your credit card has been pre-authorized).
2. Your Use of Fido
You may only create and hold one personal account for Fido (an “Account”). You must be 18 or older to use Fido.You agree to: (a) provide true, accurate, current, and complete information about yourself and your method of payment, (b) only use a payment method for which you are authorized to make charges, and (c) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete.
If you are using Fido on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if the Company has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, the Company has the right to block your current or future use of Fido and/or terminate this Agreement with you.
The Company reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion. You may not interfere or attempt to disrupt Fido. If your Account is cancelled or suspended for any or no reason, you may forfeit any pending, current, or future account credits, promotional offers, and any other forms of unredeemed value in or associated with your Account without prior notice to you.
You are responsible for maintaining the confidentiality and security of your Account including your password and, if applicable, any password for any third-party login (such as through Google or Facebook). You are responsible for all actions and activities taken in connection with your Account. You agree to: (a) immediately notify the Company of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. The Company will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts by someone else who is using your Account and/or password.
You may have the option of accessing Fido through downloadable software and this software may update itself automatically on your device. The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use Fido for its intended purpose as described in this Agreement, and subject to your compliance with these Terms and Fido policies. You may not copy, modify, distribute, sell, or lease any part of Fido. You may not reverse engineer or attempt to extract the source code of any part of Fido without express written permission from the Company. You may only access Fido as an individual and through the interfaces that the Company provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of Fido).
While using Fido, the Company may allow you to upload content (such as recipes, lists, or other text, images, or videos). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You hereby grant the Company a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of marketing, operating, providing, and improving Fido. The Company may, in its sole discretion, remove or take down any content that you upload or submit to Fido for any reason, including violation of these Terms or any other policies.
From time to time and without notice, the Company may introduce new features, change existing features, or remove features from Fido. If you provide the Company with any feedback regarding Fido, you hereby grant the Fido Corporation the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, refunds, or returns, please initiate such requests through the Help/FAQ features or by emailing customer service.
3. Fido Communications
4. Coupons and Promotional Codes
The Company may offer coupons and promotional codes for use with Fido (“Coupons”). Coupons may be automatically applied to qualifying products upon purchase or need to be entered by you depending on the specific offer. Coupons are available for a limited time only and may be subject to certain restrictions. Coupons are subject to change, cancellation, or expiration at any time. If you do not purchase the qualifying items added to your cart while the Coupon is still in effect, the Coupon’s offer will not apply. Coupons apply only to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates. The user is required to pay any applicable sales tax related to use of the Coupon; you acknowledge that the Company has no obligation for payment of any tax in conjunction with the distribution or use of such Coupons. When Coupons are redeemed, sales tax may be charged on the undiscounted original price of the product(s). Coupons may not be sold, copied, modified, or transferred. A Coupon has no cash value. Coupons good while supplies last. Void where restricted or prohibited by law.
5. Third-party Products and Content
You agree that the Company does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through Fido. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through Fido, you agree that you do so at your own risk and that the Company will have no liability based on such purchase, use, or access.
You agree that the Company is not liable or responsible for any food preparation, packaging or safety and does not verify any manufacturer’s compliance with applicable laws. The Company does not independently verify, and is not liable for, representations made by manufacturers regarding their goods.
6. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
FIDO IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF FIDO, ANY SERVICES PROVIDED BY COMPANION DRIVERS, OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF FIDO OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF COMPANION DRIVERS, OR THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF FIDO, ANY SERVICES PROVIDED BY COMPANION DRIVERS, OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER THE COMPANY, NOR ITS SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY COMPANION DRIVERS, OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. NEITHER FIDO NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY COMPANION DRIVERS, OR THIRD PARTY PROVIDER.
If you have a dispute with one or more Companion Drivers, or Third Party Providers, you agree to release the Company (and each of its respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
7. LIMITATION OF LIABILITY
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL THE COMPANY (INCLUDING EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY FIDO, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF THE COMPANY OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY (INCLUDING EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES (INCLUDING ANY INTERACTIONS OR INCIDENTS WITH THE VEHICLE OR YOUR PRODUCTS), ANY SERVICES PROVIDED BY COMPANION DRIVERS, OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF THE COMPANY OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY COMPANION DRIVERS, OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE PAST 12 MONTHS OF THE SERVICES.
You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
9. Disputes & Arbitration
If you have a dispute with the Company arising out of your use of Fido, this Section 9 applies. You agree to contact the Company first and attempt to work out any such dispute amicably.
You agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we are unable to work out a solution amicably, both you and the Company agree to resolve any disputes arising out of your use of the Fido or these Terms through binding arbitration or small claims court. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON- PRIVATE ATTORNEY GENERAL ACTION (“PAGA”) REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Opt-out of Mandatory Arbitration: You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing the Company at email@example.com with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
Arbitration Procedures and Location: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The parties will choose a neutral arbitrator, who will be either a retired judge, or an attorney licensed in the state where you reside, and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
The arbitration will be held either in the county where you live or work, in San Francisco, California, or in any other location you and the Company mutually agreed upon in writing.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules. However, the Company will pay for your reasonable arbitration fees where: (a) the claim for damages does not exceed $5,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). The Company will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).
You are under no obligation to continue using Fido. You may stop using Fido at any time and without notice to us. Similarly, The Company may terminate access to Fido for you or any other users or stop offering all or part of Fido at any time without notice. In the event of Termination, Section 1 and Sections 4-15 survive and continue to apply to you.
11. Controlling Law
To the extent permitted by applicable law, these Terms will be governed by the laws of the State of California. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of Fido that are not subject to Section 9 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of Santa Clara County, California, USA, and you and the Company consent to the personal jurisdiction of those courts and consent that venue is proper in those courts.
12. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with the Company, shall constitute the entire agreement between you and the Company with respect to Fido and any use of Fido. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
13. No Waiver
The Company’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these Terms without limitation.
15. Changes to the Terms
The Company may make changes to these Terms from time to time. When the Company does so, the most current version of the Terms will be updated in the Fido app and posted on Fido’s website. Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of Fido.
16. Contact Information
If you have any questions, or comments about these Terms please contact the Company at:
1300 Terra Bella Ave. #100
Mountain View, CA 94043
For customer service inquiries, please review Your Account Settings, please message our team at firstname.lastname@example.org