Restaurant Partner Agreement

Effective October 18, 2026 · Version 2026-10-21.1

This Restaurant Partner Agreement (the "Agreement") is a binding agreement between Bite Wise ("Bite Wise," "we," "us") and the food business you register (the "Partner," "you"). It governs your use of the Bite Wise Partner Portal and marketplace to sell surplus food. By selecting Accept when you create a restaurant account, you confirm that you are authorized to bind the Partner and that the Partner agrees to this Agreement and to our Privacy Policy. If you do not agree, select Decline and do not create an account.

This is the Agreement for restaurants located in the United States. Restaurants in Canada agree to the Canadian Agreement.

1. The Bite Wise marketplace

1.1 Bite Wise provides an online marketplace, software and payment facilitation that let you list surplus food ("Offers") for customers to buy at a discount and collect in person. You are the seller of all food you list. Bite Wise is not a food business and does not handle, inspect, store or transport food.

1.2 You set the menu items, discount percentage, quantity available and discard timer for each Offer, and may pause, edit, extend or end an Offer at any time. Orders already placed must still be honoured unless Section 4.4 applies.

2. Eligibility, licences and insurance

You represent and warrant, and will ensure throughout the term, that you:

are a legally operating business in the United States, holding all business licences, tax registrations and food establishment permits required by your state, county and city, and by your local health department;
comply with the food code adopted by your state and local health jurisdiction and all other applicable food safety, labelling, health, employment and consumer protection laws;
maintain commercial general liability insurance, including products-completed operations coverage, of at least US$1,000,000 per occurrence, and provide proof to Bite Wise on request; and
will notify Bite Wise within 2 business days if any permit is suspended or revoked, or if you receive a health department closure order. Bite Wise may suspend your listings immediately in that case.

3. Food safety and listing standards

3.1 Only safe food. You will list only food that is safe to eat at the time of sale and throughout its discard timer, and that has been prepared, held and packaged in compliance with the food safety laws that apply to you. This includes foods that need time and temperature control for safety (for example, hot holding at 135°F (57°C) or above, cold holding at 41°F (5°C) or below, or approved time-based procedures). You will set the discard timer so that food will still be safe when collected, and will discard food as required by law when the timer ends or earlier if needed.

3.2 Accurate listings. Item names, descriptions, photos, prices, ingredients and dietary tags must be accurate and not misleading. The "original price" must be the price you genuinely charge for the item. You must disclose, in the description or on request, the presence of major food allergens (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame), and must clearly state when a "wrong order" item differs from your standard recipe.

3.3 Packaging. Food must be packaged in clean, food-grade, closed containers suitable for transport, labelled with the item name, and where appropriate, with reheating or storage guidance.

3.4 No prohibited items. You will not list alcohol, cannabis, tobacco, recalled products, food past a manufacturer's "use by" date, or anything you are not licensed to sell.

4. Orders, pickup and PIN verification

4.1 When a customer orders, you will receive an alert in the Partner Portal. You will hold the ordered food for the customer until the Offer's discard timer ends.

4.2 Verify the PIN before handing over food. You must enter the customer's 4-digit PIN in the Partner Portal and confirm the order before giving the customer their food. Confirming pickup is what charges the customer's card. If you hand over food without confirming a valid PIN, Bite Wise is not responsible for payment for that food.

4.3 Orders not picked up within 10 minutes after the discard timer ends are automatically released. The customer is charged only the Bite Wise service fee, which is not refundable and which Bite Wise keeps. You are not paid for released orders or for orders the customer cancels.

4.4 You may refuse or cancel an order only if the food has become unsafe or unavailable, or the customer behaves abusively. You will cancel through Bite Wise support so the customer's payment hold is released.

5. Payments, fees and payouts

5.1 Customer payments. Bite Wise, through its payment processor Stripe, collects all payments from customers on your behalf as your limited payment collection agent. A customer's payment to Bite Wise satisfies the customer's obligation to you.

5.2 Your proceeds. For each completed order you are entitled to the food subtotal (the discounted price times quantity) plus the sales tax charged on that food, unless Bite Wise collects and remits that tax under Section 5.4. Bite Wise charges Partners no commission on orders. Customers pay a separate Bite Wise service fee (currently 15% of the food subtotal), which Bite Wise keeps and which is not refundable to the customer, whether or not the order is picked up. Partners pay the subscription fee in Section 5.6. We will give you at least 30 days' written notice before introducing or changing any fee charged to Partners.

5.3 Payouts through Stripe Connect. Payouts are made through Stripe Connect. To be paid, you must create and verify a Stripe Express account from the Partner Portal (Payouts tab) and keep it in good standing. By doing so you also agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement.

When you are paid: when you confirm a pickup with the customer's PIN, your proceeds for that order are transferred to your Stripe account. Stripe then pays your available balance to the bank account you gave Stripe, on your Stripe payout schedule. If your Stripe account is not yet set up, Bite Wise holds your proceeds and transfers them once it is.
Identity and bank details: Stripe collects and verifies your identity and bank details (know-your-customer). Bite Wise does not store your full bank account number and is not responsible for a payout sent to the bank details you gave Stripe.
Payout records: each transfer is documented with a system-generated invoice number, the receiving account (shown masked) and the Stripe transaction ID. These records cannot be altered, and they appear in your Partner Portal so you can match each deposit.
Questions: raise any question about a payout within 60 days.

5.4 Taxes. Sales tax on each order is charged at the rate for your restaurant's address, which Bite Wise looks up automatically from the address in your profile; keep that address accurate.

Sales tax on your food is paid to you. It is included in your payout for each completed order, and it is shown on your daily report ("Sales tax paid to you"). You are responsible for reporting and remitting it to your state and local tax authorities.
Marketplace facilitator. If the law of your state requires Bite Wise to collect and remit sales tax on marketplace sales (for example once Bite Wise's sales in your state pass the legal threshold), Bite Wise will tell you in writing at least 14 days in advance where possible. From then on, Bite Wise keeps the sales tax on new orders and remits it, and your proceeds are the food subtotal only.
Bite Wise remits any sales tax on its own service fee and on your subscription. You remain responsible for all other taxes on your business, such as gross receipts or business and occupation taxes on your proceeds, and income taxes.

5.5 Sold as is; all sales final; courtesy refunds; chargebacks. Food is sold to customers as is, and all sales are final: customers have no right to a refund once you have confirmed a pickup with their PIN (Customer Terms, Section 6), and you do not give refunds yourself. Do not hand over food that is unsafe, spoiled or not what was ordered: cancel the order through Bite Wise support instead, so the customer is not charged and you are not paid for it. Bite Wise may, case by case and at its discretion, give a customer a courtesy refund (for example for a genuine problem with the food, or for loyalty), and will share the customer's complaint with you first where it can:

(a) Courtesy refund to the customer's original form of payment. The refunded share of what you were paid for the order (the food, and its sales tax when it was paid to you) is taken back from you, by reversing the transfer for that order or deducting it from future payouts. The customer's service fee is never refunded. Bite Wise will also give any refund a law that cannot be waived requires, on the same terms.
(b) Courtesy Platform Credit. Platform Credit, including goodwill credit, is funded solely by Bite Wise. You keep your full proceeds for the order, and nothing is deducted from your payouts.

When a customer pays for an order with Platform Credit, in whole or in part, you receive your full proceeds for that order exactly as if it had been paid by card. Bite Wise bears the cost of the credit. If a payment is reversed through a chargeback caused by your acts or omissions, the corresponding amount is deducted from your future payouts.

5.6 Subscription. To list Offers, an approved Partner needs an active Bite Wise plan:

Pioneer Members. The first 10 restaurants to choose a plan on Bite Wise become Pioneer Members: their monthly or annual plan is free for as long as this Agreement continues and the membership stays active. Each period you receive an invoice that shows the plan price, a Pioneer Members Discount of the same amount, and a total of $0.00; no card is needed. Pioneer status is personal to your restaurant and can't be transferred.
Monthly plan: $15 per month. Annual plan: $150 per year, paid in advance ($30 less than twelve monthly payments). Prices are in U.S. dollars and exclude taxes. Orders at the Restaurant, plan fees and payouts are in the currency of the Restaurant's country.
Sales tax. Sales tax is added to every plan payment at the Washington rate for Bite Wise's location, is shown separately on each invoice, and is collected and remitted by Bite Wise. A Pioneer Member's $0.00 plan has no sales tax.
Card on file and automatic renewal. You keep at least one payment card on file in the Partner Portal while a paid plan renews automatically. Paid plans renew automatically at the end of each period, for the same length, and your default card on file is charged the plan price then in effect, plus sales tax. You can turn automatic renewal off at any time in the Partner Portal (Plan tab); your plan then ends at the end of the period you have paid for. Before each renewal we email you a reminder (about 30 days ahead for annual plans and 7 days ahead for monthly plans) with the amount, the date and the card that will be charged. We will email you at least 30 days before any price change takes effect (at 12:01 AM Pacific Time on the effective date) and tell you whether it applies to your plan. If it does, it applies from your first renewal on or after that date; if we tell you that existing partners keep their current price, your price stays the same for as long as your plan stays active.
Declined payments. If a payment is declined, your plan becomes delinquent straight away: your Offers are paused and you cannot post or turn on Offers until a payment for your plan succeeds. We will tell you by email and retry your card on file automatically for up to 7 days; you can also pay at any time from the Plan tab with any card. Your new plan period starts when the payment succeeds.
Subscription fees are not refundable. Plan fees already paid, including the sales tax on them, are not refunded, in whole or in part, for any reason: this includes unused parts of a monthly or annual period, turning off automatic renewal, a paused, suspended or delinquent plan, and the end of this Agreement by either party. If you turn off automatic renewal or this Agreement ends, your plan simply runs to the end of the period you have paid for and is not renewed. This applies except where the law requires a refund.

5.7 Bite Wise coupons. From time to time Bite Wise issues promotional coupons to customers, which customers can use on your Offers. You agree to honour them as follows:

Coupons that take money off the food (a fixed amount or a percentage, never more than the food's price) are paid by you. The discount lowers the food subtotal of that order, so your proceeds for the order (Section 5.2), and the sales tax on the food, are calculated on the price after the coupon. In other words, the coupon amount is deducted from the money you receive for that order.
Coupons that waive the Bite Wise service fee ("No Service Fee" coupons) are paid by Bite Wise and do not change your proceeds.
Bite Wise decides when to issue coupons, their value, the customers who receive them and their expiration dates. Each coupon applies to one order, once per customer, in the country it was issued for.
Every coupon used on one of your orders is shown with that order at pickup, in your Orders tab and on your daily sales report, and your payouts reflect it.
A coupon is part of the customer's price, not a refund: Section 5.5 still applies to the order.

6. Content and licence

You grant Bite Wise a non-exclusive, royalty-free, worldwide licence, for the term of this Agreement, to use, reproduce, display and adapt your business name, logo, menu information and photos you upload, solely to operate and promote the Bite Wise marketplace. You represent that you own or have permission to use all content you upload, and that it does not infringe anyone's rights.

7. Customer data

You will receive limited customer information (such as username, order details and pickup time) solely to fulfil orders. You will not use it for any other purpose, contact customers for marketing, or sell or share it, and you will protect it with reasonable security measures. Bite Wise's handling of personal information is described in the Privacy Policy.

8. Account security and conduct

You are responsible for keeping your Partner Portal login secure and for all activity under it, including by your staff. You will not manipulate prices, create fake orders or reviews, or use the marketplace for anything other than selling genuine surplus food.

9. Indemnification

You will defend, indemnify and hold harmless Bite Wise and its officers, employees and agents from any claims, damages, losses, penalties and expenses (including reasonable attorneys' fees) arising out of or related to: (a) food you sell, including foodborne illness, allergic reaction or injury; (b) your breach of this Agreement or of law; (c) inaccurate listings; or (d) content you upload.

10. Disclaimers and limitation of liability

10.1 The marketplace and software are provided "as is." Bite Wise does not guarantee any level of sales or that the service will be uninterrupted or error-free.

10.2 To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages or lost profits. Except for your obligations under Sections 3 and 9 and amounts owed under Section 5, each party's total liability under this Agreement is limited to the amounts paid or payable to you under this Agreement in the 12 months before the claim arose.

11. Term and termination

This Agreement starts when you accept it and continues until terminated. Either party may terminate for convenience with 14 days' written notice. Bite Wise may suspend your restaurant (for a set number of days) or terminate immediately and permanently remove it from Bite Wise (a ban) if you breach Sections 2, 3, 7 or 8, if food safety is at risk, or if required by law. A banned Partner may not open a new Partner or customer account. On termination, your Offers are removed, open orders are cancelled and released, and Bite Wise will pay out amounts owed for completed orders, less adjustments under Section 5.5. Subscription fees already paid are not refunded (Section 5.6).

12. Changes

We may update this Agreement. We will give you at least 30 days' notice of material changes by email or in the Partner Portal, and ask you to accept the new version. If you do not accept, you may terminate under Section 11.

13. General

You and Bite Wise are independent contractors; nothing in this Agreement creates a partnership, joint venture, franchise or employment relationship. This Agreement is governed by the laws of the state where your restaurant is located (for a Partner with restaurants in more than one state, the state of its main location) and applicable United States federal law, and the parties consent to the jurisdiction of the state and federal courts of that state. You may not assign this Agreement without our consent. If any provision is unenforceable, the rest remains in effect. This Agreement, together with the Privacy Policy, is the entire agreement between the parties about its subject. Electronic acceptance has the same effect as a signature under the federal E-SIGN Act and the Uniform Electronic Transactions Act as adopted in your state.

14. Contact

Bite Wise · Seattle, Washington · support@bitewise.app