Effective Date: July 8, 2026

This Merchant & Restaurant Partner Agreement ("Agreement") is entered into between 404Eats ("404Eats," "we," "our," or "us") and the restaurant or food service business ("Merchant," "Restaurant," "you," or "your") that registers to offer products or services through the 404Eats platform.

By creating a merchant account or accepting orders through 404Eats, you agree to be bound by this Agreement.

1. Purpose

404Eats provides an online marketplace that enables participating restaurants to receive customer orders for delivery, pickup, and reservations. 404Eats acts solely as a technology platform and is not the seller, preparer, or manufacturer of food or beverages.

2. Merchant Eligibility

To participate, you represent and warrant that:

• You are legally authorized to operate your business.

• You possess all required business licenses and permits.

• You comply with all applicable health, food safety, tax, labor, and consumer protection laws.

• You maintain all required insurance coverage.

• The individual accepting this Agreement has authority to bind the business.

3. Merchant Account

You agree to:

• Provide accurate business information.

• Maintain current contact and banking information.

• Keep login credentials secure.

• Promptly update any changes to ownership, licensing, or legal status.

404Eats may request documentation to verify your business at any time.

4. Menu & Pricing

You are solely responsible for:

• Menu accuracy

• Pricing

• Product descriptions

• Allergen disclosures

• Nutritional information (when provided)

• Availability of menu items

404Eats may remove inaccurate or misleading content.

5. Orders

Merchants agree to:

• Accept or decline incoming orders promptly.

• Prepare orders within the estimated preparation time.

• Package food securely for delivery or pickup.

• Fulfill accepted orders accurately.

Repeated cancellations, excessive preparation delays, or poor fulfillment performance may result in suspension or termination.

6. Payment Options

Commission Plan

Merchants selecting the Commission Plan agree to pay 404Eats a 10% commission on completed orders processed through the Platform.

Applicable taxes, payment processing fees, refunds, or chargebacks may be deducted where permitted by law.

Subscription Plan

Merchants may elect to pay a flat subscription fee of $250 per week.

Under this plan:

• Customer payments are processed through the Merchant's own Stripe account.

• The Merchant receives customer payments directly.

• 404Eats does not charge commission on eligible orders processed through the Merchant's Stripe account.

Subscription fees are billed in advance and are non-refundable except where required by law.

Failure to maintain an active subscription may result in suspension or removal from the Platform.

7. Payment Processing

Where applicable:

• Payments may be processed by Stripe or another approved payment provider.

• Merchants agree to comply with all payment processor requirements.

• Merchants are responsible for maintaining compliant payment accounts.

404Eats is not responsible for delays caused by payment processors or financial institutions.

8. Taxes

Merchants are solely responsible for:

• Sales taxes

• Income taxes

• Payroll taxes

• Business licenses

• Government reporting obligations

404Eats does not provide tax advice.

9. Restaurant Reservations

404Eats provides reservation functionality at no additional charge.

Merchants agree to:

• Honor confirmed reservations whenever reasonably possible.

• Notify customers promptly if reservations must be modified or canceled.

• Maintain accurate seating availability.

10. Customer Service

Merchants are responsible for resolving issues relating to:

• Food preparation

• Food quality

• Missing items

• Incorrect orders

• Allergens

• Restaurant operations

404Eats may assist in facilitating communications but does not guarantee resolution of disputes.

11. Refund Cooperation

Merchants agree to cooperate with reasonable refund investigations.

404Eats reserves the right to issue refunds to customers where appropriate under Platform policies, subject to the applicable payment model and this Agreement.

12. Food Safety

Merchants represent that:

• Food is prepared in compliance with applicable health regulations.

• Employees receive appropriate food safety training.

• Ingredients are handled safely.

• All required inspections and permits remain current.

Merchants shall immediately notify 404Eats of any health department closures, food recalls, or events that could affect customer safety.

13. Delivery

If delivery is provided by 404Eats or its contracted drivers, Merchants agree to package orders appropriately for transport.

If the Merchant performs its own deliveries, the Merchant remains solely responsible for delivery personnel, vehicles, insurance, and compliance with applicable laws.

14. Marketing

Merchants grant 404Eats a non-exclusive, worldwide, royalty-free license to use the Merchant's:

• Business name

• Logo

• Menu

• Food photographs

• Promotional materials

solely for operating, marketing, and promoting the Platform.

Ownership of all trademarks remains with the Merchant.

15. Merchant Content

Merchants represent that all submitted content is accurate and that they own or have permission to use all uploaded images, logos, menus, and marketing materials.

16. Independent Businesses

Nothing in this Agreement creates an employment, agency, partnership, franchise, or joint venture relationship.

Each Merchant remains an independent business.

17. Suspension & Termination

404Eats may suspend or terminate Merchant accounts for reasons including:

• Fraud

• Misrepresentation

• Food safety concerns

• Repeated customer complaints

• Excessive order cancellations

• Health code violations

• Non-payment of subscription fees

• Violation of this Agreement

• Conduct that may damage the reputation of the Platform

Merchants may terminate participation by providing written notice, subject to any outstanding financial obligations.

18. Intellectual Property

404Eats owns all rights in the Platform, including its software, trademarks, logos, branding, and technology.

Nothing in this Agreement transfers ownership of intellectual property between the parties.

19. Disclaimer

404Eats provides the Platform on an "AS IS" and "AS AVAILABLE" basis.

We do not guarantee uninterrupted service, customer order volume, revenue, or availability of the Platform.

20. Limitation of Liability

To the fullest extent permitted by law, 404Eats shall not be liable for indirect, incidental, consequential, special, or punitive damages arising from this Agreement.

Our total liability shall not exceed the total fees paid by the Merchant to 404Eats during the three (3) months immediately preceding the event giving rise to the claim.

Nothing in this Agreement limits liability that cannot legally be excluded.

21. Indemnification

The Merchant agrees to defend, indemnify, and hold harmless 404Eats, its affiliates, officers, employees, contractors, and agents from claims, damages, liabilities, losses, and expenses arising out of:

• The Merchant's food products or services.

• Foodborne illness claims.

• Health code violations.

• Menu inaccuracies.

• Violation of applicable laws.

• Breach of this Agreement.

• Negligence or misconduct by the Merchant or its personnel.

22. California Merchants

Merchants operating in California remain responsible for compliance with all applicable California laws, including consumer protection, food safety, employment, and privacy laws.

Where applicable, Merchants must comply with the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and any other laws governing the handling of customer personal information.

23. Governing Law

This Agreement is governed by the laws of the State of Georgia, without regard to conflict of law principles.

Unless prohibited by applicable law, any legal action arising from this Agreement shall be brought exclusively in the state or federal courts located in Fulton County, Georgia.

24. Changes to this Agreement

404Eats may modify this Agreement from time to time.

Updated versions become effective upon posting. Continued participation on the Platform after changes become effective constitutes acceptance of the revised Agreement.

25. Contact Information

404Eats

Fulton County, Georgia, USA

Email: partners@404eats.com

Website: https://404eats.com

By registering as a Merchant or Restaurant Partner, you acknowledge that you have read, understood, and agree to be bound by this Merchant & Restaurant Partner Agreement.