Terms of Service

The Good Lunch (TGL) — Group Order App

Effective Date: 6-1-2025

These Terms of Service (“Terms”) govern the use of the TGL Group Order App, website, and associated services (collectively “TGL App”) provided by The Good Lunch (“TGL”). Throughout these Terms, both “Client” and “Clients” refers to both the client company and all employees and other individuals authorized to use the TGL App, unless the context clearly indicates otherwise. By accessing or using the TGL App in any capacity, all Clients agree to be bound by these Terms.

1. Overview

TGL provides a group meal ordering platform that enables employees of participating companies to order daily boxed meals for centralized delivery. These Terms define the responsibilities of TGL and the Clients regarding service access, ordering, food delivery, use of the platform, and are also subject to the terms of the Group Order Program Agreement.

2. Account Access and Management

TGL will establish accounts within the TGL App based on the information provided by the Client company, with the Client company being responsible for providing accurate and up-to-date employee information. TGL will provide appropriate means for Clients to access the TGL App for meal ordering purposes, and all Clients must access the TGL App solely through authorized channels. Clients are responsible for maintaining the security of their access and for all activities conducted through their account, with any suspected unauthorized access to be reported immediately to both the Client company and TGL. Clients must ensure their meal preferences and dietary restrictions are accurately represented in the TGL App, as TGL is not responsible for orders that do not meet dietary needs if Clients have not properly provided their information. Client companies may designate administrators who will coordinate with TGL regarding program management. Clients may not share access credentials, allow others to place orders on their behalf, or otherwise misuse the TGL App. TGL reserves the right to suspend or terminate access at its sole discretion for violations of these Terms, misuse of the platform, or upon request from the Client company, and Client companies are responsible for notifying TGL when employees or other authorized representatives should no longer have access to the service.

3. Service Description

The TGL App allows employees to:

  • Access daily rotating menus
  • Select and submit meal orders
  • View dietary information and allergens
  • Notify users where to find their meals

TGL prepares and delivers the meals based on submitted orders, with all meals individually labeled with employee name, menu item, and provided dietary tags. Clients may view dietary tags (e.g., vegetarian, gluten-free) provided by TGL on menu items, but TGL does not customize or modify meals based on individual dietary restrictions or preferences submitted by employees. Meals are prepared in bulk and not tailored to personal dietary needs. Employees with specific dietary concerns are responsible for reviewing provided tags and determining whether a menu item is suitable for them. TGL is not liable for adverse reactions due to allergens or dietary issues if a meal is selected that does not align with an individual’s needs.

4. Client Responsibilities

Client company agrees to:

  • Provide a central pickup location that is accessible for meal drop-off - Ensure employees have access to onboarding materials and ordering instructions - Ensure employees are aware of order cutoff times

  • Provide TGL with a CSV file containing employee first name, last name, and company email for account creation

  • Obtain all necessary consents from employees for sharing their personal information with TGL for the purpose of creating accounts and providing meal services - Provide employees with a copy of these Terms or ensure employees have access to review these Terms

  • Notify TGL of any relevant changes to delivery logistics or access

  • Notify TGL when employees should no longer have access to the service

5. TGL Responsibilities

Subject to all the limitations, disclaimers, and restrictions set forth in these Terms, including but not limited to the Warranties and Disclaimers, Limitation of Liability, and Force Majeure provisions, TGL will:

  • Provide reliable access to the TGL App for employees to place orders - Ensure meals are produced and delivered according to submitted orders - Deliver meals within the agreed-upon delivery window to the designated pickup location provided by the Client

  • Accurately label meals with names and dietary information

  • Provide technical support related to the TGL App and ordering process

6. Order Management

  • Cutoff Times: Orders must be submitted by 10:00am on the business day prior to delivery.
  • Cancellations/Last Minute Orders: Once the cutoff time has passed, orders are locked and cannot be canceled or modified.

7. WARRANTIES AND DISCLAIMERS

TGL MAKES NO GUARANTEES REGARDING FOOD SAFETY BEYOND REASONABLE INDUSTRY STANDARDS AND THOSE REQUIRED BY APPLICABLE LAW AND EXPRESSLY DISCLAIMS LIABILITY FOR ALLERGIC REACTIONS OR OTHER ADVERSE RESPONSES TO FOOD PRODUCTS. INDIVIDUALS WITH SEVERE OR LIFE-THREATENING FOOD ALLERGIES ARE STRONGLY ADVISED TO CONTACT TGL DIRECTLY BEFORE PARTICIPATING IN THE MEAL PROGRAM TO DISCUSS ALLERGEN PROTOCOLS AND POTENTIAL RISKS. THE TGL APP IS PROVIDED AS AN ORDERING TOOL ONLY AND CLIENTS ACKNOWLEDGE THAT: (I) FOOD PREPARATION INVOLVES INHERENT RISKS THAT CANNOT BE ELIMINATED; (II) MEALS ARE PREPARED IN FACILITIES THAT HANDLE COMMON ALLERGENS; AND (III) USERS ARE SOLELY RESPONSIBLE FOR ANY DECISIONS REGARDING CONSUMPTION OF PROVIDED MEALS. THE TGL APP AND ALL SERVICES PROVIDED BY TGL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TGL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (I) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND

NON-INFRINGEMENT; (II) THAT THE TGL APP WILL MEET CLIENTS’ REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (III) REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY MEAL INFORMATION, DIETARY TAGS, ALLERGEN LISTINGS, OR OTHER CONTENT OBTAINED THROUGH THE TGL APP; AND (IV) ANY GUARANTEE THAT MEALS WILL MEET SPECIFIC TASTE PREFERENCES OR DIETARY REQUIREMENTS. CLIENTS ACKNOWLEDGE THAT THE MEAL PROGRAM IS NOT DESIGNED TO COMPLY WITH SPECIFIC MEDICAL OR HEALTHCARE DIETARY PROTOCOLS AND TGL DOES NOT PROVIDE MEDICAL NUTRITION THERAPY OR SPECIALIZED MEDICAL DIET SERVICES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

Clients consent to receive electronic communications related to the TGL Group Order program, and agree that all agreements, notices, disclosures, and other communications that TGL provides electronically, via email and within the TGL App, satisfy any legal requirement that such communications be in writing. The TGL App may contain links to other websites or resources (“Linked Sites”). These Linked Sites are not under the control of TGL, and TGL is not responsible for the contents, privacy practices, or terms of any Linked Site. TGL provides these links solely as a convenience, and the inclusion of any link does not imply endorsement or relationship between TGL and the Linked Site. The TGL App may provide various channels for Clients to communicate with TGL regarding meal orders, delivery issues, account management, or other service-related matters. When communicating with TGL, Clients agree to: (i) communicate professionally and respectfully; (ii) not share information unrelated to the services provided by TGL; and (iii) not distribute any content that is unlawful, offensive, defamatory, or infringes on intellectual property rights. TGL reserves the right to review and remove any communications at its discretion but has no obligation to monitor all communications. While TGL does not actively monitor all communications, it may disclose information if required by law or to protect the rights of Clients or the public. Clients are advised to exercise caution when sharing sensitive dietary or personal information. TGL disclaims liability for any actions resulting from these communications.

9. Payment Terms

All payment terms, including pricing, invoicing frequency, and delivery fees, are outlined in the Client company’s Group Order Program Agreement with TGL.

10. Minimum Order Requirements

Clients must meet the minimum daily and weekly order requirements as outlined in their Group Order Program Agreement. If minimums are not met, additional charges may apply to cover the difference. These charges and thresholds are defined in each Client company’s Group Order Program Agreement.

Minimums are subject to change with 14 days’ written notice.

11. Termination of Service

These Terms remain in effect until terminated in accordance with this provision. TGL may suspend or terminate access to the TGL App and meal delivery services, in whole or in part, at any time, with or without cause, at its sole discretion. This includes, but is not limited to, cases where: (i) Client violates these Terms or the Group Order Program Agreement; (ii) non-payment or late payment occurs; (iii) minimum order requirements are not met; (iv) false or inaccurate information is provided; (v) inappropriate conduct toward delivery personnel occurs; (vi) misuse of the TGL App takes place; (vii) Client engages in illegal or fraudulent activity; (viii) continued use presents security risks or violates applicable laws or regulations; (ix) third-party service providers discontinue or restrict services critical to TGL’s operations; or (x) for any operational or business reasons determined at TGL’s sole discretion. Clients may only terminate participation in the TGL Group Order Program by providing written notice in accordance with the notice period specified in their individual Group Order Program Agreement. Upon any termination: (i) all licenses granted under these Terms will immediately terminate; (ii) Clients must cease all use of the TGL App; (iii) TGL will cease all meal deliveries as of the effective termination date; and (iv) any outstanding invoices must be paid in full.

12. Intellectual Property

TGL retains all right, title, and interest in and to the TGL App, website, and all related technologies, including all intellectual property rights. This includes, but is not limited to, the software, user interface designs, architecture, algorithms, platform features, branding, trademarks, and business processes. The TGL name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TGL or its affiliates. Clients may not use such marks without the prior written permission of TGL. Clients are granted a limited, non-exclusive, non-transferable, and revocable license to use the TGL App solely for the purpose of participating in the group meal program as authorized by Client company and in accordance with these Terms. Clients are strictly prohibited from: (i) modifying, creating derivative works, decompiling, reverse engineering, disassembling, or otherwise attempting to derive source code from the TGL App; (ii) bypassing, disabling, or interfering with any security features or technical limitations implemented in the TGL App; (iii) using the TGL App, its structure, or business model to develop or improve any competing food ordering or delivery service; (iv) copying or reproducing any portion of the TGL App for competitive purposes; or (v) scraping, data mining, or otherwise extracting data from the TGL App outside of normal authorized use. TGL’s recipes, menu structure, and food preparation methods constitute valuable trade secrets and proprietary information. The structure, organization, and business model of the TGL meal program are also proprietary to TGL. This license may be revoked at any time at TGL’s sole discretion. No rights or licenses are granted except as expressly set forth herein. This Section shall survive the termination of these Terms.

13. Force Majeure

TGL shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, strikes, cyberattacks, telecommunications failures, government actions, war, terrorist attacks, labor shortages, power outages, food supply chain disruptions, transportation system failures, facility lockdowns, health department closures, equipment failures, food safety recalls, agricultural emergencies, extreme weather events, or any other event outside of TGL’s control that prevents or delays performance. TGL shall make reasonable efforts to resume normal meal delivery services as soon as practicable. In the event of a long-term disruption, TGL will communicate alternative arrangements to Clients as appropriate. Client acknowledges that certain force majeure events may require TGL to substitute menu items or modify delivery schedules without prior notice.

14. Indemnity

All Clients agree to indemnify, defend, and hold harmless TGL, its officers, shareholders, employees, directors, and agents from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from: (i) any breach of these Terms or the Group Order Program Agreement; or (ii) negligence, willful misconduct, or breach of law. Additionally, Client company specifically acknowledges and agrees that it shall be fully responsible and liable for the acts and omissions of its employees and authorized representatives in connection with the use of the TGL App and meal services. Client’s liability under this indemnification shall be limited to the proportion of fault attributable to Client, its employees, or authorized representatives. This indemnification obligation shall survive the termination of these Terms.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TGL’S TOTAL LIABILITY TO ALL CLIENTS FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR USE OF THE TGL APP OR MEAL SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO TGL IN THE 30 DAYS PRECEDING THE CLAIM. TGL SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF TGL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.

THE FOREGOING LIMITATIONS DO NOT APPLY TO LOSSES OR DAMAGES RESULTING FROM TGL’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, PERSONAL INJURY OR DEATH, OR LIABILITIES THAT CANNOT BE LIMITED BY APPLICABLE LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

16. Privacy and Data Security

TGL collects limited personal information necessary to operate the TGL App, including employee first name, last name, and company email address for account setup. This information is used solely for the purpose of meal ordering, account management, and customer support.

All user data is stored securely in accordance with TGL’s internal data protection practices. TGL does not sell or share personal information with third parties. Access to user data is restricted to authorized personnel involved in order fulfillment and support.

Client companies are responsible for obtaining any necessary internal approvals to share employee information with TGL for the purposes of account creation and service delivery.

See our full privacy policy at www.eatgoodlunch.com/privacy.

17. Changes to These Terms

TGL reserves the right to update these Terms at any time. Clients will be notified in advance of any material changes. Continued use of the TGL App after such updates constitutes acceptance of the revised Terms.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions. In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If negotiation is unsuccessful, any dispute arising from these Terms or any Client’s use of the TGL App shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Mateo, California, though Client or TGL may choose to participate remotely via telephone or video conference. The arbitration proceedings and outcome shall be confidential. Discovery shall be permitted in accordance with the AAA’s Commercial Arbitration Rules. Fees shall be paid according to AAA Commercial Rules. The arbitrator may reallocate costs and fees, including attorneys’ fees, in their final award.

CLIENTS AND TGL AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION OR OTHER GROUP PROCEEDING. CLIENTS HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS A CLASS REPRESENTATIVE OR AS A MEMBER OF A CLASS. CLIENTS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement. The arbitrator’s award shall be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction.

Clients have the right to opt out of this agreement to arbitrate and class action waiver within 30 days of first accessing the TGL App by sending written notice to TGL by mail or by email to the address provided in the Contact Information Section of these Terms stating intent to opt out. Notwithstanding the foregoing, (i) either party may seek injunctive or equitable relief in a court of competent jurisdiction in California, and (ii) either party may bring small claims in a court of competent jurisdiction in California. This Section survives termination of these Terms.

19. Entire Agreement

These Terms of Service, together with the applicable Group Order Program Agreement between TGL and the Client company, constitute the entire agreement between the parties with respect to the TGL App and meal services, superseding all prior or contemporaneous communications, understandings, and agreements, whether oral or written. TGL may update these Terms from time to time by posting revised Terms on the TGL App or by notifying Clients directly. In the event of any conflict between these Terms and the Group Order Program Agreement, the terms of the Group Order Program Agreement shall control with respect to pricing, payment terms, minimum order requirements, cancellation periods, and other business terms specific to the Client’s program, while these Terms shall govern all other aspects of the relationship. The failure of TGL to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

20. Contact Information

For questions or support, contact:

The Good Lunch

Email: support@eatgoodlunch.com

Phone: (650) 394-5518

Website: www.eatgoodlunch.com

By participating in the TGL Group Ordering program, the Client agrees to these Terms of Service.