Terms of Service

1. Acceptance of Terms

These Terms of Service (the “Terms”) are a legal agreement between you and APETii Corporation (“APETii,” “we,” “us,” or “our”), a Texas corporation located at 3423 Summer Ranch Dr, Katy, TX 77494-3694, United States. They govern your use of the BonCibi online ordering service, including its website, menus, checkout, accounts, and related communications (together, the “Service”).

By accessing the Service, placing an order, creating an account, or submitting a request through the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Who Provides the Service

APETii Corporation operates the Service and the BonCibi storefront. Food and beverages ordered through the Service are prepared and sold by the restaurant, kitchen, or location identified at checkout and on your receipt (the “Merchant”). The Merchant may be APETii itself or an independent restaurant that uses our platform. When the Merchant is an independent restaurant, it is the seller of record for your food, sets its own menu, prices, hours, and preparation standards, and is responsible for the food it prepares. We provide the ordering technology and payment facilitation.

3. Eligibility

You must be at least 18 years old, or at least 13 years old and using the Service with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf, to use the Service. You must be able to enter into a binding contract and must not be barred from using the Service under applicable law. The Service is intended for customers in the United States.

4. Accounts and Guest Checkout

You may order as a guest. Some storefronts also let you create an optional account, which pre-fills your name and email address when you order and lets you save a card for future orders. You are responsible for keeping your password confidential and for all activity under your account. Tell us promptly at team@boncibi.com if you believe your account has been accessed without permission. You must provide accurate, current contact information; we rely on it to confirm and fulfill your orders.

5. What the Service Offers

Depending on the storefront, the Service may offer: pickup orders; dine-in orders placed by scanning a table QR code; scheduled lunch delivery to participating buildings; group orders for teams; and catering by quote. Menu items, prices, hours, delivery areas, delivery windows, order minimums, lead times, and availability are set by the Merchant or by us, are shown in the Service at the time you order, and may change at any time without notice. The Service is for personal or internal business use, not for resale.

6. Placing an Order

When you submit an order, you make an offer to buy the items in it. An order is accepted when we send an order confirmation. You are responsible for reviewing your order before you submit it, including item selections, modifiers, special instructions, quantities, pickup or delivery details, the delivery date, and your contact information. Special instructions are requests, not guarantees.

We and the Merchant may refuse, limit, or cancel any order, before or after confirmation, including where an item is unavailable, where there is an apparent pricing or description error, where an order cannot be verified, where we suspect fraud or abuse, or where a location is closed or unable to fulfill it. If we cancel an order you have already paid for, we will refund the amount charged.

7. Prices, Taxes, Fees, and Tips

All prices are in U.S. dollars. Applicable Texas state and local sales tax is calculated at checkout based on the rate for the fulfilling location. Any delivery, service, or other fee is shown before you pay. We do not add a surcharge for paying by credit or debit card. The total you authorize at checkout is the sum of your items, tax, any fees, and any tip you choose to add.

Tips are optional and are charged together with your order. A tip you add is intended for the staff who prepare and serve your order and is not a fee for the use of the Service.

8. Payment

Payments are processed by Square, Inc. and its affiliates (“Square”). Your card details are entered into and transmitted to Square directly; we never receive or store your full card number. When you pay, you authorize the Merchant (through Square) to charge your payment method for the total shown. By paying, you also agree to Square’s applicable terms and privacy policy. If a charge is declined or reversed, your order may be cancelled.

Saved cards. Where the Service offers to save a card for future orders, the card is stored by Square, not by us, and we keep only a reference (card brand, last four digits, and expiration). A saved card is linked to the Merchant you saved it with and cannot be used to pay a different, unrelated restaurant on our platform. You can remove a saved card from your account at any time.

Pay at the location. Where a location offers to take payment at pickup instead of online, you agree to pay the full order amount when you collect the order. Locations may limit how many unpaid orders you can have open and may require a one-time code sent by text message to verify your phone number before accepting such an order.

9. Pickup and Dine-In

For pickup orders, collect your order at the selected location within a reasonable time after it is marked ready. Orders not collected within a reasonable time, or by closing, may be discarded without refund. For dine-in orders placed through a table QR code, your order is prepared for service at that table. Estimated ready times are approximations, not guarantees. Bring your order confirmation and be prepared to verify your identity when collecting an order.

10. Building Delivery, Group Orders, and Catering

Building delivery. Some storefronts deliver scheduled lunch orders to participating office buildings. Delivery is made to the building’s front desk, lobby, or other handoff point agreed with the building, at the delivery window shown at checkout, on the delivery date you select. Orders must be placed before the cutoff time shown for that date. You are responsible for collecting your order from the handoff point promptly; we are not responsible for orders once they have been handed off, or for orders that are left uncollected. If your building is not yet served, you may ask us to contact your building; that request is not an order.

Group orders. Group orders are subject to the minimum guest count and lead time shown when you submit the request. The person who submits a group order is responsible for the order, for the accuracy of the guest information provided, and for payment.

Catering. Catering requests are enquiries, not orders. After you submit a request, we may send you a written proposal with menu, quantities, pricing, and delivery details. A catering order is formed only when you approve the proposal and pay the amount it states. Catering requests require the lead time shown when you submit the request. Because catering is prepared and staffed to order, cancellations may be subject to the cancellation terms stated in your proposal.

11. Cancellations, Refunds, and Order Problems

Orders are often prepared shortly after they are placed, so we cannot guarantee that an order can be cancelled once it is confirmed. Cancellation and refund requests are decided by the Merchant in its reasonable discretion, except that you will be refunded where we or the Merchant cancel an order you have paid for, or where an order is not delivered or made available for pickup at all.

If something is wrong with your order, contact the location shown on your confirmation as soon as possible, or contact us at team@boncibi.com. Approved refunds are returned to your original payment method through Square; the time it takes to appear depends on Square and your card issuer. Nothing in this section limits any refund rights you have under applicable law.

12. Food Allergies and Dietary Information

Menu items are prepared in kitchens that handle common allergens, including milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy, and sesame. Cross-contact can occur, and menu descriptions, ingredient lists, nutritional information, and tags such as “vegetarian” may not list every ingredient and may change without notice. If you have a food allergy, intolerance, or dietary restriction, contact us at team@boncibi.com or contact the location before ordering. You are responsible for deciding whether an item is suitable for you or for anyone you order for.

13. Communications

Transactional messages. We send order confirmations, receipts, status updates, account and security notices, and other messages needed to provide the Service. These are not marketing and you will receive them whenever you order. You consent to receiving these communications electronically, and you agree that electronic receipts and notices satisfy any legal requirement that they be in writing.

Marketing email. We send promotional email only if you have opted in. You can opt out at any time using the unsubscribe link in any marketing email or at /unsubscribe.

Text messages. Where a feature requires it, we may send you a one-time verification code by text message to the number you provide. We do not send marketing text messages unless you have separately given your express written consent to receive them, and you can withdraw that consent at any time by replying STOP. Message and data rates may apply.

14. Acceptable Use

You agree not to:

• place fraudulent, unauthorized, or bad-faith orders, or use a payment method you are not authorized to use;
• access, or attempt to access, orders, accounts, tables, or data that are not yours, including by guessing or sharing links, codes, or QR tokens;
• interfere with or disrupt the Service, its servers, or its networks, or probe, scan, or test its security;
• use bots, scrapers, or other automated means to access the Service without our written permission;
• copy, resell, frame, or commercially exploit any part of the Service;
• harass, threaten, or abuse staff or other customers; or
• use the Service in violation of any applicable law.

We may suspend or terminate your access, cancel orders, and take other reasonable steps if we believe you have violated these Terms.

15. Intellectual Property

The Service and its content, including the BonCibi name, logos, trademarks, menu copy, photography, design, and software, are owned by APETii, the Merchant, or our licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. You may not copy, modify, distribute, or create derivative works from any part of the Service except as we expressly permit in writing. If you send us feedback, you grant us a perpetual, royalty-free license to use it without obligation to you.

16. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. WHERE THE MERCHANT IS AN INDEPENDENT RESTAURANT, WE DO NOT PREPARE THE FOOD AND MAKE NO WARRANTY ABOUT IT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APETII CORPORATION, ITS AFFILIATES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THROUGH THE SERVICE FOR THE ORDER GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations do not apply to liability that cannot be limited under applicable law, including liability for death or personal injury caused by our negligence, or for fraud. Some jurisdictions do not allow the exclusion of certain warranties or damages, so some of the above may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless APETii Corporation, its affiliates, and their officers, directors, employees, and agents from any claims, losses, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your misuse of the Service, or your violation of any law or the rights of a third party.

18. Third-Party Services

The Service relies on third-party services, including Square for payments and Google Maps for address suggestions, and may link to third-party websites. Those services are governed by their own terms and privacy policies. We are not responsible for third-party services or content, and a link does not imply our endorsement.

19. Dispute Resolution: Informal Resolution, Arbitration, and Class Waiver

Informal resolution first. Most concerns can be resolved quickly. Before starting any formal proceeding, you agree to email us at team@boncibi.com (or write to us at 3423 Summer Ranch Dr, Katy, TX 77494-3694, United States) with your name, contact details, a description of the dispute, and the relief you seek, and to give us 30 days to try to resolve it with you. We will do the same before bringing a claim against you.

Binding arbitration. If a dispute is not resolved informally, you and APETii agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any order (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. The arbitrator, not a court, decides all issues, including the scope and enforceability of this agreement to arbitrate. Arbitration will take place in Fort Bend County, Texas, or by video or telephone at your election. AAA fees are allocated under the AAA Consumer Arbitration Rules, and we will pay the filing fee for any claim of $10,000 or less that you bring in good faith.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect its intellectual property or to stop unauthorized use of the Service.

Class-action waiver. You and APETii agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim must be brought in court, not in arbitration, and the rest of this section still applies.

Your right to opt out. You may opt out of this arbitration agreement by emailing team@boncibi.com within 30 days after you first accept these Terms, stating your name, the email address you used with the Service, and that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

20. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-laws rules. For any Dispute that is not subject to arbitration, you and APETii agree to the exclusive jurisdiction and venue of the state courts located in Fort Bend County, Texas, and the federal courts of the United States District Court for the Southern District of Texas, and waive any objection to that venue.

21. Changes to the Service and These Terms

We may change or discontinue any part of the Service at any time. We may also update these Terms. When we do, we will post the updated Terms with a new “Last updated” date, and for material changes we will provide additional notice through the Service or by email where we have your address. Changes take effect when posted unless the notice says otherwise, and your continued use of the Service after that constitutes acceptance. When you place a pickup, delivery, or catering order, we record on your customer record the version of these Terms in force and the time you placed the order. Each new order replaces that record, so it shows the version in force when you last ordered; it is not kept separately for each order. Dine-in orders collect no contact details, so no version is recorded for them. Changes to Section 19 do not apply to Disputes for which either party has already given notice.

22. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or if we discontinue the Service. Sections that by their nature should survive termination (including 7, 8, 11, 12, and 15 through 23) will survive.

23. General

These Terms and the Privacy Policy are the entire agreement between you and APETii about the Service and supersede any prior agreements. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Notices to you may be sent to the email address you provide. Section headings are for convenience only.

24. Contact Us

Questions about these Terms or the Service may be directed to APETii Corporation at team@boncibi.com or by mail at 3423 Summer Ranch Dr, Katy, TX 77494-3694, United States.