Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Vendor," "you," or "your") and Falco, Inc., a Delaware corporation ("Falco," "we," "us," or "our"), governing your access to and use of the Falco vendor partnership platform and related services (collectively, the "Services").

By submitting a vendor application, creating an account, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

Age and Authority: You represent and warrant that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of your business entity. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the revised Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

Falco operates an AI-powered food ordering and delivery platform that connects customers with local restaurants, grocery stores, and retail businesses. The Services provide vendors with:

• Order Management Platform: A web-based dashboard and mobile application for receiving, processing, and managing customer orders
• Customer Discovery: Visibility to customers through the Falco mobile application, including search, map view, and our Reels/Stories feed
• Nomi AI Integration: AI-assisted ordering features including voice search, OCR scanning, and barcode recognition
• Rewards Program Integration: Access to Falco's tiered customer rewards program (Bronze → Diamond) that encourages repeat orders
• Dine-In Reservations: Optional table reservation system for restaurant partners
• Review System: Customer review and rating platform with rewards for feedback
• Analytics and Insights: Sales data, customer analytics, and performance metrics
• Payment Processing: Secure payment collection and disbursement services
• Marketing Support: Promotional tools and co-marketing opportunities

Commission Structure: Falco charges commission rates ranging from 10% to 20% per order, significantly lower than traditional platforms that charge 30-36%. Your specific commission rate is based on your order volume, partnership tier, and may be adjusted as detailed in Section 6 (Commission and Fees).

Partnership Model: You retain full ownership of your business, menu, and customer relationships. Falco acts as a technology platform and facilitator to connect you with customers and process transactions on your behalf.

To be eligible to partner with Falco, you must meet the following requirements:

Business Requirements

• Valid Business License: You must possess all necessary licenses, permits, and certifications required to operate your business in your jurisdiction
• Food Safety Compliance: For food service businesses, you must maintain current food handler certifications, health department permits, and comply with all local, state, and federal food safety regulations
• Geographic Location: Your business must be located within the United States. At this time, Falco operates primarily in the United States
• Physical Location: You must operate from a physical commercial location with a verifiable address
• Business Entity: You must be a legally registered business entity (sole proprietorship, LLC, corporation, or partnership)

Insurance Requirements

• General Liability Insurance: Minimum coverage of $1,000,000 per occurrence
• Product Liability: For food service businesses, minimum coverage of $1,000,000
• Workers' Compensation: As required by your state law if you have employees
• Falco must be named as an additional insured on your general liability policy

Right to Reject

Falco reserves the right to reject any vendor application for any reason, including but not limited to: failure to meet eligibility requirements, poor business reputation, history of health code violations, misrepresentation of information, or incompatibility with our platform standards. We are not obligated to provide reasons for rejection.

Ongoing Compliance

You must maintain eligibility throughout the term of this agreement. We reserve the right to request updated documentation, licenses, or insurance certificates at any time. Failure to maintain eligibility may result in immediate suspension or termination of your account.

To use the Services, you must create a vendor account through our application process.

Registration Process

You agree to provide accurate, current, and complete information during registration, including but not limited to:

• Business name and legal entity information
• Physical business address and contact information
• Tax identification number (EIN or SSN)
• Bank account information for payment disbursements
• Menu items, pricing, and business hours
• Insurance certificates and business licenses

Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:

• Use a strong, unique password and change it periodically
• Not share your account credentials with unauthorized persons
• Immediately notify us of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

Account Accuracy

You must keep your account information current and accurate at all times. You agree to promptly update any changes to your:

• Business hours or temporary closures
• Menu items, prices, or availability
• Contact information or business address
• Bank account or payment information
• Insurance coverage or licenses

Single Account Policy

Each vendor location must have a separate account. You may not create multiple accounts for the same location. If you operate multiple locations, please contact us for multi-location account setup.

Account Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms or our policies
• Provision of false or misleading information
• Failure to maintain eligibility requirements
• Persistent customer complaints or poor ratings
• Suspected fraudulent activity
• Extended periods of inactivity

Your use of the Falco platform is subject to the following fees and payment terms.

Commission Rates

Falco charges a commission on each completed order placed through the platform. Commission rates range from 10% to 20% of the order subtotal, based on:

• Order Volume: Higher volume vendors qualify for lower commission rates
• Partnership Tier: Early partners and high-performing vendors receive preferential rates
• Business Type: Commission may vary by business category

Your specific commission rate will be disclosed during the onboarding process and confirmed in your vendor dashboard. Commission rates may be reviewed and adjusted quarterly based on your performance metrics.

Order Subtotal Calculation

Commission is calculated on the order subtotal, which includes:

• Food and beverage items
• Product costs
• Vendor-applied discounts and promotions

Commission does not include:

• Sales tax
• Customer-paid delivery fees
• Customer tips to drivers or restaurant staff

Payment Processing Fees

Payment processing fees (charged by our payment processor, Stripe) are applied per order transaction. These fees cover credit card processing, fraud prevention, and secure payment handling.

Hardware and Software Fees

Tablet and Printer: Optional hardware packages are available for purchase or lease. Most vendors use their own tablets or smartphones at no additional cost.

Software Access: Access to the Falco vendor platform and dashboard is included in your commission rate at no additional software fee.

Payment Terms and Disbursement

We will disburse payments to your designated bank account on a weekly basis, every Monday, for orders completed in the previous week (Monday through Sunday). Payments are subject to:

• A holding period of 5 business days for new vendors (first 30 days)
• Deduction of commission and processing fees
• Deduction of any outstanding chargebacks, refunds, or disputes
• Bank processing time of 1-3 business days

Taxes

You are solely responsible for determining and paying all applicable taxes, including sales tax, use tax, income tax, and any other taxes associated with your participation in the Services. Falco does not collect or remit taxes on your behalf, except as required by law.

We will provide you with annual tax documentation (1099-K forms) as required by IRS regulations for reportable payment transactions.

Chargebacks and Refunds

You are responsible for chargebacks and refunds resulting from:

• Order errors, missing items, or quality issues
• Incorrect menu information or pricing
• Food safety concerns or customer illness claims
• Failure to fulfill orders

Chargeback amounts will be deducted from your next payment. If chargebacks exceed your available balance, you agree to remit payment to Falco within 15 days.

Fee Changes

We reserve the right to modify commission rates and fees with 30 days' written notice. Continued use of the Services after the notice period constitutes acceptance of the new rates.

Falco strives to provide reliable, high-quality platform services. This section outlines our commitments and your responsibilities.

Platform Uptime

We target 99.5% platform uptime, excluding scheduled maintenance. We will make reasonable efforts to notify you of planned maintenance at least 48 hours in advance. We are not liable for downtime caused by circumstances beyond our reasonable control, including internet service failures, power outages, or force majeure events.

Order Processing Requirements

To maintain service quality, you agree to:

• Accept/Reject Orders Promptly: Respond to incoming orders within 3 minutes
• Order Preparation Time: Fulfill orders within the estimated preparation time you specify (typically 15-45 minutes)
• Cancellation Rate: Maintain order cancellation rate below 5%
• Accuracy: Ensure order accuracy exceeds 95% (correct items, quantities, special instructions)

Customer Service Standards

• Respond to customer inquiries and complaints professionally
• Resolve order issues promptly and fairly
• Maintain a customer rating of at least 4.0 out of 5.0 stars
• Address negative reviews constructively

Quality Standards

You must maintain high standards for:

• Food quality, freshness, and temperature
• Packaging quality to prevent spills and maintain presentation
• Cleanliness and hygiene practices
• Compliance with health and safety regulations

Performance Monitoring

We monitor vendor performance through metrics including order acceptance rate, cancellation rate, average preparation time, customer ratings, and order accuracy. Consistently poor performance may result in reduced platform visibility, suspension, or termination.

As a Falco vendor partner, you agree to the following obligations:

Menu Accuracy and Updates

• Provide accurate, complete menu information including item names, descriptions, ingredients, and prices
• Update menu availability in real-time when items are unavailable
• Clearly indicate allergen information and dietary restrictions
• Promptly update prices and remove discontinued items
• Provide high-quality photos of menu items (minimum 1200x900px)

Order Fulfillment

• Prepare orders according to customer specifications and special instructions
• Use appropriate packaging to maintain food quality and temperature
• Include all ordered items, condiments, and utensils
• Have orders ready by the promised time
• Notify customers immediately if delays occur

Food Safety and Quality

• Comply with all FDA, USDA, and local health department regulations
• Maintain current food handler certifications for all staff
• Follow proper food storage, handling, and temperature control procedures
• Maintain clean and sanitary food preparation areas
• Pass all health inspections
• Immediately address any food safety concerns or contamination issues

Customer Service

• Respond to customer inquiries within 24 hours
• Resolve complaints fairly and professionally
• Offer appropriate remedies for order errors (refunds, replacements, credits)
• Train staff on customer service best practices

Platform Usage

• Use the Falco platform in good faith and in accordance with these Terms
• Not attempt to circumvent the platform to conduct off-platform transactions
• Not solicit customer contact information for marketing purposes
• Not manipulate reviews, ratings, or platform algorithms

Compliance

• Comply with all applicable federal, state, and local laws
• Maintain all necessary business licenses and permits
• Pay all applicable taxes
• Maintain required insurance coverage
• Report any legal issues or regulatory violations to Falco immediately

Prohibited Items and Services

You may not sell or offer through the platform:

• Tobacco, alcohol (except where properly licensed), or cannabis products
• Prescription medications or controlled substances
• Items that violate intellectual property rights
• Dangerous, illegal, or restricted items
• Adult content or services

Falco Intellectual Property

The Falco platform, including the website, mobile applications, software, design, logos, trademarks, and all content and materials ("Falco IP"), are owned by Falco, Inc. and protected by United States and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Falco platform solely for the purpose of operating your vendor business in accordance with these Terms. You may not:

• Copy, modify, distribute, or create derivative works of Falco IP
• Reverse engineer, decompile, or disassemble any software
• Use Falco trademarks without our prior written permission
• Remove or alter any copyright, trademark, or proprietary notices

Vendor Content License

You retain ownership of all content you provide to Falco, including menu descriptions, photos, business information, and promotional materials ("Vendor Content"). However, by providing Vendor Content, you grant Falco a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to:

• Display your Vendor Content on the Falco platform
• Use your business name, logo, and photos in marketing materials
• Modify or adapt Vendor Content for platform display
• Create derivative works for promotional purposes

Brand Guidelines

When using Falco branding materials, you must:

• Follow our brand guidelines provided during onboarding
• Use only approved logos and marketing materials
• Not suggest endorsement or partnership beyond what exists
• Not use Falco trademarks in your business name or domain

Copyright Infringement

We respect intellectual property rights. If you believe your copyrighted work has been infringed, please contact us at support@thefalco.com with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

Customer data protection is critical to maintaining trust in the Falco platform.

Data Ownership

All customer data, including names, contact information, order history, payment information, and preferences, is owned by Falco and customers. You do not own customer data.

Permitted Use of Customer Data

You may access customer data solely to:

• Fulfill customer orders
• Respond to customer inquiries about specific orders
• Provide customer service for platform transactions
• Resolve disputes related to orders

Prohibited Uses

You may not:

• Use customer data for marketing or promotional purposes without explicit permission
• Sell, rent, or share customer data with third parties
• Store customer payment information (credit card numbers, etc.)
• Contact customers outside the Falco platform except for order-related issues
• Build marketing databases from customer information

Data Security

You must:

• Implement reasonable security measures to protect customer data
• Limit access to customer data to authorized employees only
• Not share your account credentials
• Immediately report any data breaches or unauthorized access
• Delete customer data when no longer needed for order fulfillment

Privacy Compliance

You must comply with all applicable privacy laws, including:

• California Consumer Privacy Act (CCPA)
• General Data Protection Regulation (GDPR) if serving EU customers
• State-specific privacy laws

Our Privacy Policy, available at /privacy, governs how we collect and use customer data. You agree to comply with our privacy practices.

Data Breach Notification

If you become aware of any unauthorized access to, or disclosure of, customer data, you must immediately (within 24 hours) notify us at support@thefalco.com. You will cooperate fully with our investigation and remediation efforts.

Falco operates a customer review and rating system to promote transparency and quality.

Review System

Customers can rate their experience (1-5 stars) and leave written reviews after order completion. Reviews are published on your vendor profile and visible to all platform users.

Review Guidelines

Reviews must:

• Be based on genuine customer experiences
• Not contain profanity, hate speech, or personal attacks
• Not violate privacy or disclose personal information
• Not contain spam, promotional content, or links

Responding to Reviews

You may respond to customer reviews through the vendor dashboard. When responding:

• Be professional, courteous, and constructive
• Address specific concerns raised in the review
• Offer solutions or remedies where appropriate
• Do not argue, insult, or attack customers
• Do not offer incentives for review changes

Fake Reviews Prohibition

You may not:

• Post fake positive reviews for your business
• Post fake negative reviews for competitors
• Offer incentives for positive reviews
• Pressure or coerce customers to change reviews
• Ask customers to delete negative reviews

Violations will result in immediate account suspension and potential legal action.

Rating Impact

Your average rating affects:

• Search ranking and visibility on the platform
• Eligibility for promotional features
• Customer ordering decisions

Vendors with ratings below 3.5 stars may be suspended pending quality improvement.

Dispute Resolution

If you believe a review violates our guidelines or is defamatory, you may request a review through support@thefalco.com. We will investigate and remove reviews that violate our policies, but we do not remove reviews simply because they are negative or critical.

Platform Marketing

Falco promotes vendors through:

• Search results and category listings
• Reels/Stories discovery feed
• Email and push notifications to customers
• Social media marketing
• Featured vendor programs

You consent to Falco featuring your business in marketing materials and promotional campaigns at no additional charge.

Co-Marketing Opportunities

Early partners and high-performing vendors may be invited to participate in:

• Featured vendor spotlights
• Email campaign features
• Social media partnerships
• Local marketing events

Vendor Promotions

You may create promotions through the vendor dashboard, including:

• Percentage discounts (e.g., 20% off)
• Dollar amount discounts (e.g., $5 off orders over $20)
• Free item offers
• First-time customer discounts

Commission on Promotions: Commission is calculated on the discounted order total. You bear the full cost of vendor-initiated discounts.

Platform Promotions

Falco may occasionally run platform-wide promotions. When you opt into these promotions:

• Falco may subsidize a portion of the discount
• Specific terms will be communicated in advance
• Participation is optional unless otherwise agreed

Advertising Standards

All marketing content must:

• Be truthful and not misleading
• Comply with FTC advertising guidelines
• Not make false health or nutrition claims
• Include proper disclaimers for allergens
• Not infringe on intellectual property rights

POS System Integration

Falco integrates with major POS systems including Square, Toast, Clover, Lightspeed, and TouchBistro. Integration benefits include:

• Automatic order routing to your POS
• Real-time menu synchronization
• Centralized reporting and analytics
• Reduced manual order entry

We will provide technical assistance during integration setup. You are responsible for maintaining your POS system and ensuring it remains compatible.

Hardware Requirements

To receive orders, you need:

• A tablet or smartphone (iOS 14+ or Android 10+)
• Reliable internet connection (minimum 10 Mbps recommended)
• Optional: Receipt printer for order tickets

Falco offers optional hardware packages, but most vendors use their existing devices.

API Usage

If you use Falco APIs for custom integrations:

• You must comply with our API Terms of Use and documentation
• Rate limits and usage quotas apply
• API keys must be kept secure and not shared
• We may modify or discontinue APIs with reasonable notice

Technical Support

We provide technical support via:

• Email: support@thefalco.com
• In-app chat
• Knowledge base and FAQs

Support hours: Monday-Friday 8am-8pm ET, Saturday-Sunday 9am-6pm ET

Termination by Either Party

Either party may terminate this agreement at any time with 30 days' written notice. Termination notices should be sent to support@thefalco.com (for vendor-initiated termination) or to your registered email address (for Falco-initiated termination).

Immediate Termination

Falco may immediately suspend or terminate your account without notice for:

• Material breach of these Terms
• Fraudulent activity or misrepresentation
• Health code violations or food safety concerns
• Consistent poor performance (ratings below 3.0)
• Failure to maintain required licenses or insurance
• Legal or regulatory issues
• Violation of customer data privacy
• Manipulation of reviews or ratings

Effect of Termination

Upon termination:

• Your access to the Falco platform will be revoked
• Your vendor profile will be removed from customer-facing applications
• You must fulfill all pending orders
• We will disburse any remaining balance owed to you within 30 days
• You must pay any outstanding amounts owed to Falco
• Sections that survive termination (indemnification, limitation of liability, etc.) remain in effect

Data Retention After Termination

We will retain order history, financial records, and transaction data for 7 years as required by law. Customer reviews will remain visible with your business name. We will delete or anonymize other vendor data within 90 days of termination unless retention is required for legal reasons.

Outstanding Obligations

Termination does not relieve either party of obligations that accrued before termination, including:

• Payment of outstanding fees or commissions
• Resolution of pending chargebacks or disputes
• Fulfillment of pending orders

You agree to indemnify, defend, and hold harmless Falco, Inc., its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Food Safety: Foodborne illness, contamination, allergic reactions, or other health issues related to food prepared or sold by you
• Product Liability: Defective products, mislabeled items, or failure to warn of allergens or ingredients
• Personal Injury: Injuries to customers, delivery drivers, or third parties caused by your actions, premises, or employees
• Intellectual Property: Claims that your menu items, photos, or content infringe on third-party intellectual property rights
• Employment Issues: Claims by your employees or contractors
• Regulatory Violations: Violations of health codes, food safety regulations, or other laws
• Breach of Terms: Your violation of these Terms or misuse of the platform
• Misrepresentation: False or misleading information provided to Falco or customers
• Customer Data: Unauthorized use or disclosure of customer information

Defense of Claims

If a claim arises, you agree to:

• Assume full control and responsibility for the defense
• Retain qualified legal counsel
• Keep Falco informed of case developments
• Not settle any claim without Falco's prior written consent

Falco reserves the right to participate in the defense at its own expense.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FALCO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL FALCO BE LIABLE FOR:

• Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages
• Lost Profits: Loss of profits, revenue, business, or anticipated savings
• Lost Data: Loss of data, use, goodwill, or other intangible losses
• Business Interruption: Damages resulting from platform downtime or service interruptions

Cap on Liability

FALCO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• $500, OR
• The total commission fees paid by you to Falco in the 3 months immediately preceding the claim

Platform Downtime

We are not liable for lost orders, revenue, or business resulting from:

• Platform downtime or technical issues
• Internet connectivity problems
• Third-party service failures (payment processors, hosting providers)
• Your equipment malfunctions

Third-Party Actions

We are not responsible for actions of customers, delivery drivers, or other third parties, including:

• Fraudulent orders or payment disputes
• Customer injuries or property damage
• Theft or vandalism

Essential Purpose

YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND FALCO, AND THAT FALCO WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, the above limitations may not apply to you, and our liability will be limited to the fullest extent permitted by law.

Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Informal Resolution

Before initiating formal dispute resolution, we encourage you to contact us at support@thefalco.com to seek informal resolution. Many disputes can be resolved through discussion and good-faith negotiation.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration before a single arbitrator.

The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Arbitration Costs

Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that one party is the prevailing party, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party.

Class Action Waiver

YOU AND FALCO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and Falco agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies.

Injunctive Relief

Notwithstanding the arbitration requirement, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Jurisdiction and Venue

If for any reason arbitration does not proceed, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware for resolution of any disputes.

Limitation Period

Any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose, or it shall be permanently barred.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Falco regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without Falco's prior written consent. Any attempted assignment in violation of this provision shall be void. Falco may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials ("Force Majeure Events").

Notice Requirements

Notices to Falco must be sent to:

Falco, Inc.
251 Little Falls Drive
Wilmington, New Castle County
Delaware 19808
Email: support@thefalco.com

Notices to you will be sent to the email address associated with your account.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Falco's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Relationship of Parties

You and Falco are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship between you and Falco. Neither party has authority to bind the other or incur obligations on the other's behalf.

Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: Commission and Fees, Intellectual Property, Customer Data and Privacy, Indemnification, Limitation of Liability, Dispute Resolution, and Miscellaneous Provisions.

Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of any conflict, the English version shall prevail.

If you have any questions about these Terms or the Services, please contact us: