Desert Diner — Terms of Service

Last updated: June 23, 2026 Effective date: June 23, 2026

These Terms of Service ("Terms") are a binding agreement between you and Aaron Poindexter (doing business as "Desert Diner") ("Desert Diner," "we," "us," "our") governing your use of the Desert Diner mobile application, website, and related services (the "Service"). They also serve as the end-user license agreement (EULA) for the app.

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy and Community Guidelines. If you do not agree, do not use the Service.

1. The Service — what Desert Diner is and is not

Desert Diner is a neutral marketplace and discovery platform that connects food-truck and mobile-food vendors with customers and event organizers. We provide tools to publish listings and menus, discover nearby vendors, post events and flyers, request and accept bookings, message other users, and leave reviews.

Desert Diner is not a party to any transaction between users. We do not prepare, sell, handle, inspect, or deliver any food; we do not host, staff, or run any event; and we do not process payments. Any agreement — including price, payment, timing, food safety, and fulfillment — is solely between the vendor and the customer or organizer. We are not an agent, employer, partner, or joint venturer of any user.

2. Eligibility and accounts

• You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.
• You agree to provide accurate information and to keep it current.
• You are responsible for your account credentials and for all activity under your account. Notify us immediately at [email protected] of any unauthorized use.
• You may hold either a customer or vendor role as configured in the app. Roles determine the features available to you.

3. License to use the app

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the app on a device you own or control, for your personal or internal business use. You may not:

• copy, modify, reverse-engineer, decompile, or create derivative works of the app (except where this restriction is prohibited by law);
• rent, lease, sell, sublicense, or distribute the Service;
• access the Service to build a competing product, or scrape or harvest data;
• circumvent security, rate limits, or access controls;
• use the Service unlawfully or in violation of these Terms or the Community Guidelines.

We may update, change, or discontinue the Service (or any feature) at any time.

4. User content

"User Content" means anything you submit: listings, menus, prices, photos, events, flyers, bookings, messages, reviews, replies, and profile information.

• You retain ownership of your User Content.
• You grant Desert Diner a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and distribute your User Content for the purpose of operating, promoting, and improving the Service. This license ends when you delete the content or your account, except for (a) content others have already saved or shared and (b) retained backups.
• You represent that you own or have the rights to your User Content, that it is accurate, and that it does not infringe anyone's rights or violate any law.
• You are solely responsible for your User Content and the consequences of posting it.

Content standards

You must comply with our Community Guidelines, which prohibit illegal, infringing, deceptive, harassing, hateful, or otherwise objectionable content. We have zero tolerance for objectionable content and abusive users. We may remove content and suspend or terminate accounts that violate these Terms, at our discretion.

Moderation, reporting, and blocking

You can report objectionable content or users and block other users from within the app. We act on reports within a commercially reasonable time, typically within 24 hours, by removing content and/or removing the offending user as appropriate.

5. Vendor terms

If you use a vendor account, you additionally agree that:

• You are an independent business, solely responsible for your operations. Nothing in these Terms creates an employment, agency, franchise, or partnership relationship with Desert Diner.
• You are solely responsible for obtaining and maintaining all licenses, permits, health/food-safety certifications, and insurance required to operate, and for complying with all applicable food-safety, health, labeling, allergen-disclosure, zoning, and other laws and regulations.
• Your listings, menus, prices, and availability must be accurate and current.
• You are solely responsible for collecting and remitting all applicable taxes on your sales.
• You are responsible for fulfilling bookings and orders you accept, and for any disputes with customers or organizers.
• You will honor the prices and terms you publish, subject to reasonable good-faith changes communicated to the customer.

6. Bookings, events, and transactions

• A "booking" is a request and acceptance between a vendor and a customer or organizer, coordinated through the Service. Desert Diner does not guarantee that any booking will be honored, that any vendor will appear, or that any event will occur.
• Payments are handled off-platform, directly between users. We are not responsible for any payment, refund, chargeback, non-payment, or related dispute.
• Any dispute arising from a transaction, booking, or event is between the users involved. You release Desert Diner from claims arising out of such disputes (see Section 9).

7. Reviews

Reviews must reflect a genuine experience and comply with the Community Guidelines. Do not post fake, incentivized, or retaliatory reviews. We may remove reviews that violate these Terms but are not obligated to monitor or verify reviews.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY VENDOR, LISTING, EVENT, OR USER CONTENT IS ACCURATE, SAFE, LEGAL, OR RELIABLE.

WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY VENDOR, CUSTOMER, ORGANIZER, FOOD, PRODUCT, EVENT, OR USER CONTENT. YOU INTERACT WITH AND TRANSACT WITH OTHER USERS AT YOUR OWN RISK.

Food allergies and dietary needs are your responsibility to verify directly with the vendor.

9. Limitation of liability and release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESERT DINER AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR FOODBORNE ILLNESS, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM INTERACTIONS BETWEEN USERS.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNT YOU PAID US (IF ANY) IN THE 12 MONTHS BEFORE THE CLAIM.

Release: Because Desert Diner is not a party to user transactions, you release Desert Diner from any claims, demands, and damages arising out of disputes with other users or with third parties. (If you are a California resident, you waive California Civil Code §1542.)

Some jurisdictions do not allow certain limitations; in those places, the limitations apply only to the extent permitted.

10. Indemnification

You agree to indemnify and hold harmless Desert Diner from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your User Content, your transactions with other users, or your violation of these Terms or any law or third-party right.

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time for any violation of these Terms or the Community Guidelines, or to protect the Service or its users. Sections that by their nature should survive termination (ownership, disclaimers, liability limits, indemnification, dispute resolution) survive.

12. Governing law and dispute resolution

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict-of-laws rules.

You and Desert Diner agree to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona for any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction in those courts.

13. Apple App Store / Google Play

If you obtained the app from the Apple App Store or Google Play, additional terms apply:

• This EULA is between you and Aaron Poindexter (doing business as "Desert Diner") only, not with Apple or Google.
• Apple/Google have no obligation to provide support or maintenance for the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• You represent you are not located in a country subject to a U.S. embargo or on a U.S. prohibited-party list.
• You will comply with the applicable app-store terms of service.

14. Changes to these Terms

We may modify these Terms from time to time. We will post the updated version with a new "Last updated" date and, for material changes, provide reasonable notice. Continued use after changes take effect constitutes acceptance.

15. Miscellaneous

These Terms, the Privacy Policy, and the Community Guidelines are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

Contact: [email protected] · Aaron Poindexter (doing business as "Desert Diner") · 6505 West Magnolia Street, Phoenix, AZ 85043, USA

This document is a template prepared to reflect how the Desert Diner app currently works. It is not legal advice. Have it reviewed by a qualified attorney for your jurisdiction before you publish or launch.