Terms and Conditions - TheLivery LLC

Effective Date: April 22, 2026

Last Updated: May 13, 2026

Please read these Terms and Conditions carefully before using TheLivery website, mobile application, or related services. By accessing or using our platform, you agree to comply with and be legally bound by these Terms. If you do not agree, you may not use our services.

1. Introduction

TheLivery LLC ("TheLivery," "we," "our," or "us") operates a technology-enabled food and delivery platform that connects customers with local vendors and independent delivery partners within the San Antonio, Texas designated market area. These Terms govern your access to and use of our website, applications, and related services.

2. Eligibility

To use our services, you must:

  • Be at least 18 years old or the age of legal majority in your jurisdiction
  • Have legal capacity to enter into binding agreements
  • Provide accurate and truthful account information

3. Account Registration

To place orders or access certain features, users may be required to create an account. You agree to:

  • Provide accurate registration information
  • Maintain account confidentiality
  • Notify us immediately of unauthorized access

TheLivery reserves the right to suspend or terminate accounts engaged in fraudulent or unlawful activity.

4. Orders and Payments

4.1 Order Placement

Orders submitted through our platform are transmitted to participating vendors for fulfillment and assigned to delivery partners for delivery. Estimated delivery times are approximate and may vary.

4.2 Payments

You authorize TheLivery to charge your selected payment method for:

  • Product costs
  • Delivery fees
  • Service charges
  • Applicable taxes

All transactions are processed in United States Dollars (USD).

5. Refund and Cancellation Policy

5.1 Final Sales

Orders confirmed through the platform are generally final and non-refundable. Rejected or refused deliveries are not eligible for refund unless caused by verified service error.

5.2 Order Errors

Users must report incorrect or incomplete orders within 24 hours of delivery. At our discretion, we may offer:

  • Partial refund
  • Replacement delivery
  • Service credit

6. Delivery Terms

Delivery is available only within approved service zones in San Antonio, Texas. Delivery times are estimates and may be affected by:

  • Traffic conditions
  • Weather
  • Vendor delays
  • Technical issues

Users are responsible for providing accurate delivery information. Failed delivery attempts caused by incorrect information or recipient unavailability may result in cancellation without refund.

7. Vendor Responsibility

TheLivery acts solely as a technology platform connecting customers with vendors and delivery partners. Participating vendors are solely responsible for:

  • Product quality
  • Food preparation
  • Packaging
  • Ingredient disclosures
  • Compliance with applicable food safety laws

8. SMS Communications

By voluntarily providing your phone number and opting into SMS communications through account registration, checkout, website forms, promotions, or other consent methods, you agree to receive SMS messages from TheLivery related to:

  • Order confirmations
  • Delivery updates
  • Account notifications
  • Verification codes (OTP)
  • Customer support responses
  • Promotional offers where separately consented to

Message frequency may vary. Message and data rates may apply. You may opt out at any time by replying STOP to any SMS message. For assistance, reply HELP or contact support@theliveryz.com. Consent to receive SMS messages is not required as a condition of purchase.

9. Promotions and Discounts

Promotions, discounts, referral credits, or promotional offers may be subject to separate eligibility requirements and expiration dates. Offers may be withdrawn or modified without notice.

10. Acceptable Use

Users may not:

  • Use the platform for unlawful purposes
  • Attempt unauthorized system access
  • Interfere with platform operation
  • Misrepresent identity
  • Submit fraudulent transactions

Violation may result in immediate account suspension or legal action.

11. Intellectual Property

All platform content including:

  • Logos
  • Branding
  • Text
  • Graphics
  • Software
  • Designs

are property of TheLivery LLC or its licensors and are protected by intellectual property laws. Unauthorized reproduction or use is prohibited.

12. Limitation of Liability

To the fullest extent permitted by law, TheLivery and its affiliates are not liable for:

  • Indirect damages
  • Delivery delays
  • Vendor-related product defects
  • Lost profits
  • Service interruptions

Platform use is provided "as available" without warranty of uninterrupted operation.

13. Indemnification

You agree to indemnify and hold harmless TheLivery LLC, affiliates, vendors, employees, contractors, and partners against claims arising from:

  • Your misuse of the platform
  • Violation of these Terms
  • Fraudulent or unlawful conduct

14. Suspension and Termination

We may suspend or terminate access without notice if users violate these Terms or engage in harmful conduct.

15. Changes to Terms

We may revise these Terms periodically. Updated Terms become effective upon posting. Continued use constitutes acceptance of revised Terms.

16. Governing Law

These Terms are governed by the laws of the State of Texas. Any disputes shall be resolved exclusively in courts located in San Antonio, Texas.

17. Contact Information

If you have questions regarding these Terms, please contact: TheLivery LLC Email: support@theliveryz.com Website: https://www.theliveryz.com Address: 12595 Citadel Rock, San Antonio, TX 78254

By using TheLivery services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.