These Terms of Service (the "Terms") are an agreement between you and Tu Sabor ("Tu Sabor", "we", "us"). They apply when you use the Tu Sabor mobile app, the websites at tusabor.app and yourdeliapp.com, the Tu Sabor Kitchen TV app, and any related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Section 18 requires most disputes to be resolved by individual arbitration and waives class actions. Please read it.
1. What Tu Sabor is
Tu Sabor is an online marketplace that lets customers order food from local restaurants for pickup or delivery, and gives restaurants tools to manage their menu, orders, staff and deliveries. The restaurant is the seller of the food you order and is responsible for preparing it. Deliveries are made by independent couriers invited by the restaurant or by the restaurant's own staff. Tu Sabor is not a restaurant and does not prepare food or employ couriers. The Service is currently available in New York and New Jersey.
2. Other terms that may apply
- Restaurants that sell through Tu Sabor also accept the Restaurant Partner Terms.
- Couriers who deliver through Tu Sabor also accept the Courier Terms.
If those terms conflict with these Terms on a matter they cover, those terms control for that restaurant or courier.
3. Your account
You must be at least 18 years old and able to enter a binding contract to use the Service. You may sign in with an email code, a passkey, or your Apple or Google account. Give us accurate information and keep it current. You are responsible for everything done through your account, so keep your devices and sign-in methods secure and tell us right away if you think someone else is using your account.
4. Orders
- Restaurants set their own menus, prices, hours, delivery areas and delivery fees, and are responsible for item descriptions and allergen information.
- An order is a request to the restaurant. It is confirmed when the restaurant accepts it. A restaurant may decline or cancel an order, for example when it is closed or out of an item.
- If a restaurant can't make an item on your paid order, it may mark the item unavailable. You are refunded what you paid for that item and the rest of the order goes ahead.
- Delivery and preparation times shown in the app are estimates, not guarantees.
5. Prices, fees, taxes and payment
Before you pay, the app shows each amount you will be charged:
- Food, at the restaurant's prices, less any coupon or promotion.
- Delivery fee, set by the restaurant, for delivery orders.
- Service fee, charged by Tu Sabor, a percentage of your food (after discounts) plus delivery.
- Sales tax, which Tu Sabor collects and pays to the state for every order. It is based on the delivery address, or the restaurant's address for pickup.
Payments are processed by Stripe. Your payment method is charged when you place the order, and you authorize us and Stripe to charge it for the order total. Tu Sabor does not store your full card number. Coupons and promotions have the conditions shown with them, have no cash value, and may end at any time.
6. Tips
Tips are voluntary. After a Tu Sabor courier delivers your order, you can add a tip in the app as a separate charge to your payment method. The courier receives the tip less only the card processing cost of that tip; Tu Sabor keeps none of it. Tips are not offered on pickup orders or on deliveries made by the restaurant's own staff. Tips are not taxed, are final once paid, and are not included when an order is refunded. If you tipped by mistake, contact us.
7. Cancellations and refunds
- You can cancel an order in the app within 2 minutes of placing it, as long as the restaurant has not started preparing it. After that, contact the restaurant or us.
- If the restaurant cancels your order, you receive a full refund.
- When an order is refunded in whole or in part, the matching food, fees and sales tax go back to your original payment method. Your bank may take 5 to 10 business days to show it.
- If something is wrong with your order, contact the restaurant or us as soon as you can. We will work with the restaurant to look into it. Please contact us before disputing a charge with your bank.
8. Pickup and delivery
Give a correct address and any delivery instructions, and be available to receive your order. For some orders the app shows a handoff code to confirm pickup or delivery; share it only with the person handing you the order. If a delivery can't be completed because the address is wrong or you can't be reached, the order may not be refunded. Pickup orders should be collected at the restaurant around the time shown.
9. Food safety and allergies
Restaurants are responsible for the food they prepare and the information they give about it. If you have an allergy or dietary need, check the item details and contact the restaurant before ordering. Tu Sabor can't guarantee that any item is free of an allergen.
10. Reviews and other content
After an order, you may rate the restaurant and write a review, under your name or anonymously. Reviews and anything else you submit ("Your Content") must be honest, about your own experience, and must not be unlawful, hateful, harassing, sexually explicit, or include anyone's personal information. You keep ownership of Your Content and give Tu Sabor a worldwide, royalty-free license to host, display and share it in connection with the Service. You can edit your reviews, and restaurants may reply publicly. Tu Sabor or the restaurant may hide a review that breaks these Terms.
11. Messages from Tu Sabor
We send messages about your account and orders, such as sign-in codes, receipts and order status updates, by push notification or email. We send promotional push notifications, including offers from restaurants you have ordered from, only if you turn on Promotions in your notification settings, and you can turn them off at any time.
12. Acceptable use
You agree not to:
- use the Service for anything illegal, fraudulent or unauthorized;
- harass, threaten or harm customers, restaurant staff or couriers;
- give false information, place orders you don't intend to pay for, or abuse refunds, coupons or promotions;
- access another person's account or try to get around security or usage limits;
- scrape, copy or access the Service by automated means without our permission;
- interfere with the Service or upload malicious code; or
- infringe anyone's intellectual property or privacy.
13. AI features
Some tools for restaurants, such as Copilot, forecasts and review summaries, use artificial intelligence. AI output can be wrong or incomplete, so review it before relying on it. Copilot acts only within the signed-in staff member's permissions and asks for approval before high-risk actions. The restaurant remains responsible for actions it approves.
14. Intellectual property
The Service, including its software, design, text, graphics and the Tu Sabor name and logos, belongs to Tu Sabor or its licensors and is protected by law. We give you a personal, limited, revocable license to use the Service as these Terms allow. Restaurant names, logos and menu content belong to the restaurants.
15. Ending your use; deleting your account
You can stop using the Service at any time and ask us to delete your account, in the app where that option is shown or by emailing us. We may suspend or close an account that breaks these Terms, is used for fraud, or creates risk for others, and we may change or stop parts of the Service. Sections 5, 7, 10 and 14 through 20 continue to apply after your account ends.
16. Disclaimers
The Service is provided "as is" and "as available". To the extent the law allows, Tu Sabor disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Service will be uninterrupted or error-free, that any restaurant or item will be available, or the quality, safety or timing of any food or delivery.
17. Limitation of liability and indemnity
To the extent the law allows, Tu Sabor is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill. Our total liability for any claim about the Service is limited to the greater of the amount you paid Tu Sabor in service fees in the 6 months before the claim, or $100. Some places do not allow these limits, so they may not apply to you.
You will indemnify and hold harmless Tu Sabor and its owners, employees and agents from claims, losses and expenses (including reasonable attorneys' fees) arising from your misuse of the Service, Your Content, or your breach of these Terms or the law.
18. Disputes and arbitration
Talk to us first. Before starting a claim, email us a description of the problem and what you want. We will try to resolve it within 30 days.
Arbitration. If we can't, you and Tu Sabor agree that any dispute about the Service or these Terms will be decided by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, instead of in court. Either party may instead bring an individual claim in small claims court, and either party may go to court over intellectual property misuse.
No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and there are no jury trials.
Opting out. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms, with your name, account email and a statement that you opt out.
19. Governing law
These Terms are governed by the Federal Arbitration Act and the laws of the State of New York, without regard to conflict of law rules. Any court case allowed by these Terms will be brought in the state or federal courts located in New York County, New York.
20. General
These Terms, together with the Privacy Policy and any terms in section 2 that apply to you, are the whole agreement between you and Tu Sabor about the Service. If any part is unenforceable, the rest stays in effect. Our not enforcing a part is not a waiver. You may not transfer these Terms; we may transfer them as part of a merger, sale or reorganization. These Terms are offered in English and Spanish; if they differ, the English version controls.
21. Changes to these Terms
We may update these Terms. We will change the "Last updated" date and, for material changes, tell you in the app or by email before they take effect. If you keep using the Service after changes take effect, you accept them.
22. Contact us
- Email: support@tusabor.app
- Phone: (845) 600-5628
- Mail: Tu Sabor, Bronx, NY 10456