DeliveryMind Terms & Conditions

The website, its entire design, graphics, text, layouts, formatting, and software (collectively, "Content") are the exclusive property of DeliveryMind or its licensors, protected under Canadian, United States, and international copyright laws.

DeliveryMind Property: All proprietary optimization methodologies, menu geometry frameworks, digital storefront management systems, analytical scripts, and operational playbooks utilized or developed during the delivery of our Services remain the sole intellectual property of DeliveryMind. No license or transfer of this property is granted under these terms.

Client Materials: The client retains exclusive ownership over all pre-existing trademarks, logos, brand assets, and original menu descriptions provided to DeliveryMind. The client grants DeliveryMind a limited, non-exclusive, royalty-free license to utilize these materials solely to execute the optimization and storefront management Services.

Links on our website to third-party web environments are provided strictly as an operational convenience. If you utilize these links, you will exit the DeliveryMind ecosystem. DeliveryMind does not control, review, or endorse external platforms. You agree that DeliveryMind and its corporate affiliates are not responsible or liable for any content, security protocols, tracking technologies, or business practices maintained by outside web environments. You access external links entirely at your own operational risk.

DeliveryMind provides specialized, non-physical B2B operational and optimization services. Because our Services require direct integration with your active restaurant operations, our delivery timelines are strictly dependent on client cooperation.

Credential Provision: The client must provide secure, timely access to all necessary third-party merchant portals, point-of-sale (POS) integrations, software dashboards, and brand assets.

Operational Delays: Any delay by the client in providing logins, high-resolution menu photos, pricing updates, or brand assets will automatically pause and extend DeliveryMind's delivery and optimization deadlines. DeliveryMind is not responsible for operational delays caused by a lack of timely client feedback or access.

Billing Cycles: All recurring management retainers and technical onboarding setup fees are billed in advance of the service period.

Fulfillment & Non-Refundability: DeliveryMind does not sell or ship physical products. All deliverables are rendered digitally or executed directly within online merchant portals. All payments made for onboarding fees, setup costs, completed audits, or active monthly retainer cycles are 100% non-refundable once work commences or a billing cycle initiates. DeliveryMind does not offer pro-rated refunds for partial months of service.

Cancellation Protocol: The client may cancel recurring monthly management services by providing a written notice of cancellation to lucas@deliverymind.co at least thirty (30) days prior to the next scheduled billing date. If notice is received less than thirty days before the next cycle, the upcoming invoice will be processed, and services will terminate at the end of that subsequent billing period.

DeliveryMind operationalizes industry best practices to ensure all data and website materials are accurate, secure, and up to date. However, all Content and Services are provided strictly on an "as is" and "as available" basis.

DeliveryMind explicitly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, and accuracy. DeliveryMind makes no corporate warranty that: (a) the Services or digital storefront configurations will meet every operational requirement: (b) the website or client dashboards will be completely uninterrupted, secure, or error-free: or (c) third-party delivery marketplace algorithms will perform predictably.

Neither DeliveryMind nor its affiliates shall be liable under any circumstances for any indirect, incidental, special, consequential, or exemplary damages. This comprehensive limitation applies to all damages of any kind, including, without limitation, loss of business, loss of operational profits, loss of goodwill, business interruption, loss of restaurant sales data, or the cost of procuring substitute management services, whether based on breach of contract, breach of warranty, tort, negligence, or strict product liability, even if advised of the possibility of such damages.

The financial limitations set forth herein are fundamental elements of the commercial bargain between DeliveryMind and the client. DeliveryMind would not provide these technical Services without such limitations. Notwithstanding any clause to the contrary, the entire maximum aggregate liability of DeliveryMind for any claim whatsoever shall be restricted strictly to the total cash fees paid by the client directly to DeliveryMind for the specific Services during the three (3) months immediately preceding the event giving rise to the claim.

DeliveryMind manages third-party delivery marketplaces, including DoorDash, Uber Eats, Skip, Fantuan, and secondary networks, on behalf of our clients. DeliveryMind acts strictly as an external optimization and administrative management layer.

We are not liable for any sudden drops in gross sales, margin erosion, missing financial payouts, algorithmic down-ranking, customer chargebacks, mandatory platform refunds, or unexpected merchant account suspensions initiated by those third-party networks. Our technical actions and modifications are performed in good faith based on historical marketplace data. DeliveryMind does not guarantee specific revenue quotas, order volumes, or top-tier organic search placements within third-party applications.

The client retains sole legal liability for local sales tax configurations, provincial or federal tax compliance, and financial accounting accuracy across all digital storefronts. The client is solely responsible for verifying the accuracy of all base pricing, menu item ingredients, and allergen warnings provided to DeliveryMind. DeliveryMind is not a tax advisor and is not liable for structural tax mismatches or auditing penalties on third-party marketplace storefronts.

If an invoice remains unpaid past its stated due date, DeliveryMind reserves the right to immediately suspend all operational Services, including live kitchen support lines, tablet triage, menu modifications, and ad management, without liability for any resulting restaurant operational disruption or loss of sales.

During the contract term, both DeliveryMind and the client may gain access to proprietary, non-public corporate data, including margin structures, performance metrics, corporate expansion plans, and technical workflows. Both parties agree to maintain strict confidentiality regarding this information. Neither party shall disclose proprietary data to any third party without explicit prior written consent, except to authorized service providers or as mandated by law.

During the active business engagement and for a period of twelve (12) months following the termination of services, the client explicitly agrees not to directly or indirectly solicit, recruit, hire, or engage as an independent contractor any optimization specialist, account manager, or employee of DeliveryMind who was involved in delivering the Services, unless given explicit, written consent and a mutually agreed transition fee is executed.

The relationship between DeliveryMind and the client is strictly that of an independent contractor. Nothing contained within these Terms & Conditions or executed during the delivery of our Services shall construct or imply any partnership, joint venture, joint employer, employer-employee, or fiduciary relationship between DeliveryMind and the client's corporate entity or individual franchise locations.

DeliveryMind shall not be held liable or responsible for any operational delays, failure to perform, or service interruptions resulting from events beyond our reasonable control, including, without limitation, acts of God, regional telecommunication infrastructure blackouts, hosting environment failures, widespread cyberattacks, third-party platform API deprecations, government mandates, or civil unrest.

If any single provision within these Terms & Conditions is ruled unlawful, void, or legally unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these terms shall continue in full legal force. The failure of DeliveryMind to strictly enforce any section of these terms shall not constitute a waiver of our right to enforce that section or any other section in the future.

These Terms & Conditions, along with any dispute arising out of or relating to your use of the website or Services, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You explicitly agree to submit to the exclusive personal jurisdiction and venue of the provincial and federal courts located in Toronto, Ontario, Canada for the adjudication of any legal dispute.

DeliveryMind reserves the right to modify, adjust, or completely update these Terms & Conditions at any time to reflect technical, legal, or marketplace shifts. Any revisions will be published directly on this page with an updated effective date. Your continued utilization of our website or active operational Services following the publication of changes constitutes complete legal acceptance of the modified terms.