Terms of service

These terms are the agreement between you and PAPAYA VENTURES INC., a Delaware corporation (“Papaya”, “we”, “us”), for your use of the Papaya app, the website at papaya.club, and the services we provide through them (together, “Papaya”). By creating an account or using Papaya, you agree to these terms and to our privacy policy. If you don’t agree, please don’t use Papaya.

What Papaya does

Papaya plans your household’s meals each week across delivery, home cooking, and dining out, and can handle the ordering and booking for you. Papaya is in early access: features may change, and some may be offered to a limited group of households before others.

Your account

• You must be at least 18 years old and able to enter into a binding agreement to create an account.
• You’re responsible for the information you give us being accurate, including your household’s dietary needs and allergies, your address, and your contact details.
• You’re responsible for keeping access to your account secure, including the phone number or account you sign in with. Tell us promptly if you think someone else has accessed it.
• You may add the members of your household, including children, to your household profile. By doing so you confirm that you’re entitled to share their information with us.

Papaya acting on your behalf

When you ask Papaya to order or book something, you authorize Papaya to act as your agent for that task: to use the platforms and accounts you’ve connected, enter the details needed, and, once you confirm, complete the order or booking and pay using the card set up through Papaya.

• You confirm every irreversible step. Before Papaya places an order, confirms a reservation, authorizes a payment, creates an account, or sends a message in your name, it shows you what it’s about to do and waits for your explicit confirmation. Please review each confirmation carefully. Once you confirm, the order or booking is made in your name, and you’re responsible for it as if you’d made it yourself.
• Spending controls. You can set limits on what Papaya may spend and pause it at any time.
• Papaya can make mistakes. Papaya uses AI, and AI can misread a page, a menu, or a request. Our confirmation step exists so you can catch errors before they matter. If something goes wrong with an order or booking Papaya made, contact us and we’ll help put it right.

Merchants, restaurants, and other platforms

The food, deliveries, and tables Papaya arranges are provided by third parties: restaurants, stores, delivery services, and reservation platforms. Papaya is not the seller or the restaurant.

• Their own terms, prices, cancellation rules, and policies apply to what you order or book from them, and they are responsible for providing it.
• Papaya acts within the rules of the platforms it uses on your behalf, but we can’t guarantee that any particular platform, merchant, or restaurant will be available or will accept an order or booking.
• Any refunds, cancellations, or complaints about an order are subject to the merchant’s or platform’s policies. We’ll help you pursue them where we can.

Food, allergies, and health

Papaya plans around the dietary needs and allergies you tell us about, but Papaya does not guarantee that any meal, dish, or product is free of an allergen or meets a dietary requirement. Ingredient and allergen information comes from merchants, restaurants, and recipe sources, and it can be incomplete or wrong. If anyone in your household has a serious allergy or medical dietary need, always confirm directly with the merchant or restaurant and check ingredients yourself.

Papaya is not a medical, nutritional, or health service, and nothing in Papaya is medical advice.

Payments

Payments made through Papaya use a card issued and managed by our payment partner, under that partner’s own terms, which you accept when you set up the card. You’re responsible for keeping the card funded and for charges you’ve confirmed. If Papaya charges a fee for its service, we’ll tell you the price before you’re charged, and you can decide whether to continue.

Using Papaya responsibly

You agree not to:

• use Papaya for anything unlawful, fraudulent, or harmful, or to place orders or bookings you don’t intend to honor
• use Papaya to act on someone else’s accounts without their permission
• interfere with, disrupt, or try to gain unauthorized access to Papaya or its systems
• copy, reverse engineer, or resell Papaya, or use it to build a competing service
• use automated means to access Papaya except as we permit

Your information and content

You keep ownership of the information and content you give Papaya. You grant us a limited license to use it to provide, maintain, and improve Papaya for you, as described in our privacy policy. That license ends when you delete the content or your account, except where we need to keep something to meet a legal obligation.

If you send us feedback or suggestions, we may use them without any obligation to you.

Our property

Papaya, including its software, design, and brand, belongs to us and our licensors. These terms give you a personal, non-exclusive, non-transferable right to use Papaya for your household’s own non-commercial use, and no other rights.

The app stores

If you downloaded Papaya from Apple’s App Store, these terms are between you and Papaya, not Apple, and Papaya, not Apple, is responsible for the app and its support. Your use of the app must also follow the App Store’s usage rules. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You confirm that you are not located in a country subject to a US government embargo, and that you are not on any US government list of prohibited or restricted parties.

Ending your use

You can stop using Papaya and ask us to delete your account at any time by contacting hello@papaya.club. We may suspend or close your account if you breach these terms, if it’s needed to protect Papaya or others, or if we stop offering Papaya, and we’ll tell you when we reasonably can. Orders or bookings you’ve already confirmed remain between you and the merchant or restaurant.

Disclaimers

Papaya is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We don’t promise that Papaya will be uninterrupted, error-free, or that its plans, recommendations, or information will always be accurate or suitable for you.

Limitation of liability

To the fullest extent the law allows, Papaya will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from or related to your use of Papaya. Our total liability for any claim relating to Papaya is limited to the greater of the amount you paid Papaya for the service in the 12 months before the claim arose, or US$100.

Some places don’t allow these exclusions or limits, so they may not fully apply to you. Nothing in these terms limits liability that cannot be limited by law, or any rights you have as a consumer that cannot be waived.

Indemnity

If you use Papaya in breach of these terms or the law, and that leads to a claim against us, you agree to cover our reasonable losses and costs arising from it, to the extent the law allows.

Governing law and disputes

These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Delaware, and you and we consent to their jurisdiction. If you live somewhere whose consumer law gives you the right to bring a claim in your local courts or under your local law, nothing here takes that right away. Before filing a claim, please contact us first. Most concerns can be resolved quickly that way.

Changes to these terms

We may update these terms as Papaya evolves. When we do, we’ll update the date at the top, and if a change is significant, we’ll tell you in the app or by email before it takes effect. If you keep using Papaya after a change takes effect, the updated terms apply.

General

You agree that we may give you notices and other communications electronically, in the app or by email or text message, and that they satisfy any legal requirement for communications to be in writing. We aren’t responsible for delays or failures caused by events beyond our reasonable control. If any part of these terms is found unenforceable, the rest stays in effect. If we don’t enforce a provision right away, we haven’t waived it. You may not transfer these terms without our consent. We may transfer them as part of a merger, acquisition, or sale of assets. These terms, together with our privacy policy, are the entire agreement between you and us about Papaya.

Contact

PAPAYA VENTURES INC. · hello@papaya.club