Roach Coach Vendor Agreement
Version 2.0-billing · Effective to be set at publication
By clicking “Accept,” creating a vendor account, or using the Vendor Services, you agree to this Agreement between you (the “Vendor”) and Roach Coach (legal entity to be designated upon LLC formation)(“Roach Coach,” “we,” “us”).
1. The Vendor Services
Roach Coach operates a platform that helps customers discover food trucks in real time and helps vendors manage their truck profile, menu, hours, locations, and live check-ins (the “Vendor Services”).
2. Eligibility
You must be at least 18, authorized to bind the business you represent, and a lawfully operating mobile food vendor. You agree to keep your account information accurate and current.
4. Vendor Content and License Grant
You retain ownership of the menus, photos, descriptions, and other content you submit (“Vendor Content”). You grant Roach Coach a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute your Vendor Content to operate, promote, and improve the Platform. This license ends when you remove the Vendor Content or terminate your account, except for copies retained in routine backups or as required by law, and except for any aggregated or de-identified data. You warrant that you have the rights to your Vendor Content and that it does not infringe others’ rights.
5. Permits and Compliance
You warrant that you hold and maintain all permits, licenses, and certifications required to operate (including health permits, business licenses, and food-handler certifications), and that you are solely responsible for food safety, labeling, and compliance with health, employment, and tax law. Roach Coach does not inspect, verify, endorse, or assume any responsibility for your food, your operations, or your regulatory compliance, and is not a party to transactions between you and customers.
6. Acceptable Use
You will not post false, misleading, or fraudulent listings or pricing; misrepresent your business; disrupt the Platform; access data without authorization; or use the Vendor Services unlawfully.
7. Fees and Billing
7.1 The Base Tier is free as of the Effective Date.
7.2 We may introduce, change, or discontinue fees with advance notice. A new Base-Tier fee will not take effect for an existing Vendor until that Vendor affirmatively accepts the updated fee terms. Continued use of a Paid Feature after its fee takes effect constitutes acceptance of that fee.
7.3 Paid Features (including any future point-of-sale tools) are optional and priced on the Platform at the time you enable them.
7.4 Founding Vendors. For qualifying founding vendors, the Base-Tier fee is permanently waived while the account remains continuously active, applied as a credit equal to the then-current Base-Tier price. The waiver applies to the Base Tier only (not Paid Features), is non-transferable, does not survive a sale or transfer of the business, and is forfeited if the account is terminated (including voluntary closure and re-registration). Founding credit against Paid-Feature charges is capped at the invoice total with no rollover or cash value.
7.5You are responsible for all taxes except taxes on Roach Coach’s net income.
8. Payment Processing
If and when payments or point-of-sale features are enabled, additional processor, payout, refund, chargeback, and settlement terms will be presented to you and incorporated into this Agreement.
9. Intellectual Property
The Platform, its software, design, and trademarks are owned by Roach Coach. You may not reverse engineer the Platform or create derivative works from it.
10. Suspension and Termination
You may close your account at any time. We may suspend or terminate your access for breach, legal necessity, or to protect the Platform or its users. Sections 4, 5, 9, 11, 12, 13, and 15 survive termination. Founding status does not survive termination.
11. Disclaimer of Warranties
The Vendor Services are provided “as is” and “as available,” without warranties of any kind. We do not guarantee the Platform will be uninterrupted, error-free, or secure.
12. Limitation of Liability
To the maximum extent permitted by law, Roach Coach is not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits. Our total liability is capped at the greater of (a) the fees you paid in the prior 12 months or (b) $100.
13. Indemnification
You will indemnify Roach Coach and its owners, officers, and agents against claims arising from your Vendor Content, your food, products, or operations, your violation of law or third-party rights, or your breach of this Agreement.
14. Changes to this Agreement
We may publish a new version of this Agreement. Material or fee changes require you to affirmatively accept the new version before you continue. We maintain a record of the version you accepted and the date of acceptance.
15. Privacy and Data
Roach Coach handles data as described in our Privacy Policy. You are responsible for any consumer or personal data you obtain, in compliance with applicable law.
16. Governing Law
This Agreement is governed by California law, with exclusive venue in the state and federal courts located in Tulare County, California. (An optional binding-arbitration and class-action-waiver clause is to be decided with counsel.)
17. Miscellaneous
This Agreement is the entire agreement between you and Roach Coach for the Vendor Services. If any provision is unenforceable, the rest remains in effect. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or asset sale. Our failure to enforce a provision is not a waiver.
18. Contact
Questions about this Agreement: support@roachcoachapp.com, or by mail to PO Box 4494, Visalia, CA 93278.