Vendor Agreement

§1 Introduction and Acceptance

This Vendor Agreement ("Agreement") is entered into between TrackBite LLC, a California limited liability company ("TrackBite," "we," "us," or "our"), and the individual or entity registering a vendor listing on the TrackBite platform ("Vendor," "you," or "your").

By creating a vendor account, claiming a listing, or otherwise using vendor-specific features of the TrackBite platform, you agree to be bound by this Agreement as well as our general Terms of Service and Privacy Policy, each incorporated herein by reference.

§2 Vendor Eligibility

To register as a vendor on TrackBite, you represent and warrant that:

• You are at least 18 years of age;
• You have the authority to bind yourself or the business entity you represent;
• You operate a legitimate food business including, but not limited to, food trucks, carts, pop-ups, stalls, or similar mobile or semi-permanent food service operations;
• You hold all required permits, licenses, and certifications required by applicable federal, state, and local laws to operate your food business; and
• The information you provide in your listing is true, accurate, and not misleading.

2.1 Vendor Verification and Claims

TrackBite may require vendors to provide documentation or other proof reasonably requested to verify business ownership, authority to act on behalf of a business, required permits, licenses, or other compliance matters. We may suspend, reject, or revoke any vendor claim, listing, or account if we are unable to verify legitimacy to our reasonable satisfaction.

§3 Vendor Listing

3.1 Listing Creation

Upon approval, you may create a vendor listing ("Listing") on the TrackBite platform that may include your business name, description, logo, photos, menu items, operating hours, and current or anticipated location data ("Listing Content").

3.2 Accuracy of Information

You are solely responsible for ensuring your Listing is accurate, complete, and up to date. You agree to promptly update your Listing to reflect any changes in hours, location, menu, pricing, or operating status. TrackBite is not responsible for user experiences resulting from inaccurate Listing information.

3.3 Location Data

If you enable real-time location sharing, you authorize TrackBite to collect and display your device's GPS coordinates to users of the platform. You may pause or disable location sharing at any time. You understand that shared location data may be visible to all users of the platform.

3.4 Listing Standards

Your Listing must comply with the following standards. Listings may not:

• Impersonate another vendor or use another business's name, logo, or branding;
• Include false, misleading, or deceptive information, including fake reviews or ratings;
• Include content that is defamatory, obscene, or otherwise objectionable;
• Violate any third party's intellectual property rights; or
• Advertise products or services that are illegal or that you are not licensed to sell.

§4 License to Listing Content

You retain ownership of your Listing Content. By submitting Listing Content to TrackBite, you grant TrackBite a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your Listing Content in connection with:

• Displaying your Listing to users of the platform;
• Marketing, promoting, or advertising the TrackBite platform and your business;
• Aggregated data analysis and platform improvement; and
• Any other lawful purpose related to the operation of the Service.

This license continues for the duration of your use of the platform and may continue after account termination for archival or legal purposes.

§5 Vendor Obligations

As a vendor on the TrackBite platform, you agree to:

• Maintain all required business licenses, food handler permits, health department certifications, and any other permits required by applicable law in each jurisdiction where you operate;
• Comply with all applicable food safety regulations, including those of the FDA, USDA, and relevant state and local health authorities;
• Respond to legitimate customer concerns and maintain a professional standard of service;
• Not use the platform to collect user data for unauthorized purposes;
• Not use the platform to direct users to competing platforms; and
• Notify TrackBite promptly if you cease operations, change your business model, or revoke any required license or permit.

§6 Prohibited Conduct

Vendors are strictly prohibited from:

• Creating fake reviews, ratings, or user accounts to manipulate their listing's reputation;
• Using the platform to harass, threaten, or intimidate users or other vendors;
• Scraping or collecting data about other vendors or users for commercial purposes;
• Circumventing any platform security measures;
• Listing menu items or products that violate any law;
• Engaging in any deceptive trade practices under California or federal law; or
• Falsely claiming ownership of, affiliation with, or authority to manage any business listing or truck unit. Any attempted fraudulent claim, impersonation, or misrepresentation may result in immediate suspension or termination.

§7 No Guarantee of Business or Visibility

TrackBite does not guarantee any level of visibility, traffic, customer acquisition, or revenue to any vendor. Listing placement, search ranking, and feature prominence may be determined by algorithm, activity metrics, or other factors at TrackBite's sole discretion. We reserve the right to adjust ranking factors at any time without notice.

7.1 No Exclusivity of Leads or Opportunities

TrackBite does not guarantee that any customer lead, catering inquiry, hire request, or other business opportunity presented through the platform will be exclusive to you. TrackBite may display multiple vendors to users for similar services, events, or inquiries, and may transmit similar requests to more than one vendor at its discretion.

§8 Paid Features and Premium Tiers

TrackBite currently offers the platform at no cost to vendors. We reserve the right to introduce paid features, premium listing tiers, advertising placements, or subscription plans at a future date. We will provide reasonable notice of any new fees before they take effect. Your continued use of the platform after fees are introduced constitutes your acceptance of those fees. Free features may be modified or discontinued at any time.

TrackBite may also introduce service fees, subscription fees, placement fees, lead fees, commissions, or other monetization models in the future. Any such fees will be disclosed before they take effect.

§9 Data and Analytics

TrackBite may collect and use data generated by your Listing and your use of the platform, including customer interaction data, location data, and engagement metrics. We may use this data to:

• Improve platform features and user experience;
• Generate anonymized industry reports or benchmarking data;
• Provide you with analytics about your Listing performance; and
• Fulfill our obligations under applicable law.

We will not sell your individually identifiable vendor data to third parties without your consent, except as required by law or as described in our Privacy Policy.

§10 Intellectual Property

TrackBite retains all rights to the platform, its technology, interface, and underlying systems. Nothing in this Agreement transfers any TrackBite intellectual property to you. You may not use TrackBite's name, logo, or branding without prior written consent, except to identify yourself as a TrackBite-listed vendor in accordance with any brand guidelines we publish.

§11 Representations and Warranties

You represent and warrant that:

• All information in your Listing is accurate and not misleading;
• You hold all required permits and licenses to operate your food business;
• You have the right to grant TrackBite the licenses described in this Agreement;
• Your Listing Content does not infringe any third-party intellectual property rights; and
• Your use of the platform complies with all applicable laws.

§12 Indemnification

You agree to indemnify, defend, and hold harmless TrackBite LLC and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your Listing Content;
• Your operation of your food business;
• Any food safety incident, illness, injury, or property damage related to food you prepare or sell;
• Your violation of any applicable law, permit requirement, or regulation;
• Your violation of this Agreement or the Terms of Service; or
• Any claim that your Listing Content infringes a third party's rights.

§13 Disclaimers

§14 Limitation of Liability

§15 Term and Termination

15.1 Term

This Agreement is effective upon your acceptance and continues until terminated by either party.

15.2 Termination by Vendor

You may terminate this Agreement at any time by removing your Listing and closing your vendor account. Termination does not affect any obligations accrued before the termination date.

15.3 Termination by TrackBite

We may suspend or terminate your vendor account and Listing at any time, with or without cause, with or without notice. Grounds for immediate termination include, without limitation:

• Violation of this Agreement or the Terms of Service;
• Submission of false or misleading Listing information;
• Receipt of multiple credible complaints regarding food safety or fraud;
• Failure to maintain required permits or licenses; or
• Any conduct that TrackBite, in its sole discretion, deems harmful to users or the platform.

15.4 Effect of Termination

Upon termination, your access to vendor features will be immediately disabled. Sections 4, 5, 9, 10, 11, 12, 13, and 14 of this Agreement shall survive termination.

§16 Modifications

We may modify this Agreement at any time by posting an updated version to the platform. We will provide reasonable notice of material changes via in-app notification or email. Your continued use of the vendor features after the effective date of any changes constitutes your acceptance of the updated Agreement.

§17 Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of California without regard to conflict of law provisions. Any disputes arising under this Agreement are subject to the dispute resolution provisions (including binding arbitration and class action waiver) set forth in the TrackBite Terms of Service.

§18 Entire Agreement

This Agreement, together with the TrackBite Terms of Service and Privacy Policy, constitutes the entire agreement between you and TrackBite regarding vendor use of the platform, and supersedes all prior agreements or understandings. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

§19 Contact

For questions about this Vendor Agreement, please contact: