Terms of Service

1. Agreement and eligibility

By accessing or using MadeNear, you agree to these Terms and our Privacy Policy. If you use MadeNear for a business or other organization, you confirm that you have authority to accept these Terms for that organization. You must be at least 18 years old and able to form a binding agreement to use seller features or place an order.

2. What MadeNear provides

MadeNear provides software that helps independent food sellers publish pre-order storefronts, manage availability, accept orders, and coordinate pickup or local delivery. Each seller operates its own store and is responsible for its listings, food, fulfillment, customer support, and compliance obligations.

MadeNear is not the maker, preparer, distributor, or retailer of a seller's food. Unless we expressly say otherwise, a customer's purchase contract is with the seller shown on the storefront, not with MadeNear.

3. Seller responsibilities

Sellers must provide truthful and current information about their business, menu, prices, availability, pickup or delivery terms, ingredients, and applicable policies. Sellers are solely responsible for obtaining and maintaining all licenses, permits, registrations, tax registrations, insurance, food-worker credentials, and local approvals required for their business and products.

• Follow all food-safety, labeling, allergen, packaging, zoning, delivery, and consumer-protection laws that apply where the seller operates and fulfills orders.
• Accurately disclose ingredients, major allergens, cross-contact risks, dietary claims, and any legally required notices. Do not represent food as allergen-free unless that statement is accurate and supportable.
• Fulfill accepted orders safely and on time, or promptly communicate a material change, cancellation, or refund to the customer.
• Maintain a valid connected Square account and comply with Square's applicable terms and policies.
• Use customer information only to fulfill, support, or legally administer an order, unless the customer separately consents to another use.

4. Customer orders and food information

Customers should review the seller's menu, fulfillment details, refund policy, and allergen or food-safety notices before ordering. Product availability, preparation conditions, pickup, delivery, substitutions, cancellation, and refunds are primarily the seller's responsibility and may be subject to applicable law.

Food allergies and dietary needs can be serious. Customers should contact the seller directly with questions before ordering and should not rely on MadeNear as a source of medical, nutrition, or allergen advice.

5. Payments, service fees, and Square

Payments are processed by Square through the seller's connected Square account. MadeNear does not store full payment-card numbers. Square's services are governed by Square's own terms, privacy notices, and payment rules.

Before payment, MadeNear shows the order total and any applicable fees. The current MadeNear Service Fee is 5% of the merchandise subtotal plus $0.45 per order, excluding taxes, delivery fees, and tips. The fee is paid by the customer, is shown before the customer confirms payment, and may change only prospectively with notice before payment.

Sellers remain responsible for Square processing fees and for any other charges imposed by their payment, tax, delivery, or business providers.

6. Acceptable use

You may not use MadeNear to violate the law, infringe another person's rights, misrepresent food or business information, sell prohibited goods, interfere with the service, bypass security controls, scrape data, transmit malware, or use customer information for unauthorized marketing or profiling.

7. Accounts, content, and feedback

You are responsible for keeping your account access secure and for activity under your account. You retain ownership of content you submit, such as store names, descriptions, menus, images, and policies. You grant MadeNear the limited right to host, display, process, and transmit that content as needed to operate and improve the service.

If you send feedback, you allow MadeNear to use it without restriction or compensation, but we will not identify you publicly without permission.

8. Suspension and termination

We may suspend, restrict, or terminate access when we reasonably believe it is necessary to protect customers, sellers, MadeNear, or the public; to address fraud, safety, payment, policy, or legal concerns; or when these Terms are breached. Where practical, we will provide notice and an opportunity to resolve the issue.

9. Disclaimers and limits of liability

MadeNear is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, MadeNear does not guarantee that the service will be uninterrupted, error-free, secure, or suitable for a particular purpose, and does not guarantee the quality, safety, legality, or availability of food or fulfillment offered by sellers.

To the maximum extent permitted by law, MadeNear will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business opportunities. Nothing in these Terms limits liability or consumer rights that cannot lawfully be limited or waived.

10. Changes and contact

We may update these Terms from time to time. Material changes will apply prospectively after we post the revised Terms or otherwise provide notice. If you continue using MadeNear after the effective date, you accept the revised Terms.

Questions about these Terms can be sent to team@madenear.net.