Terms of Service

Last updated: August 2026

Fairly is operated by Fairly, LLC. These terms are an agreement between you and Fairly, LLC, and cover use of the Fairly customer app and website, the Fairly Driver app, and the Fairly restaurant portal (together, "Fairly," "we," "us"). By creating an account, ordering as a guest, or otherwise using Fairly, you agree to these terms.

What Fairly is

Fairly is a marketplace that connects customers, independent restaurants, and independent delivery drivers. We facilitate ordering, payment, and delivery coordination; we don't prepare food and don't employ drivers as staff. Restaurants are responsible for the food they prepare, and drivers for the deliveries they carry out.

Accounts and ordering

• You can order as a guest or create an account. You're responsible for keeping your account credentials secure.
• Menu prices, availability, and delivery fees are set by the restaurant/market and shown to you before you place an order; placing an order is an offer to purchase at the price shown.
• Orders are charged when the restaurant accepts them, not before. If a restaurant rejects or cannot fulfill an order, you won't be charged for it (or will be refunded if you already were).
• Delivery times are estimates, not guarantees - they depend on the restaurant's prep time, driver availability, and traffic/weather conditions outside our control.

SMS messaging program

If you provide a phone number at checkout, Fairly sends you a one-time SMS confirming your order number once your order is placed. This is a transactional message tied directly to an order you placed, not a marketing program - we don't send promotional texts.

• Consent: providing your phone number at checkout, where the form discloses it's used to text your order confirmation, is how you opt in.
• Message frequency: one message per order placed.
• Cost: message and data rates may apply, per your carrier's plan.
• Help/support: reply HELP to any Fairly text, or contact support@fairlydelivery.com.
• Opt-out: reply STOP to any Fairly text to stop receiving them. Carriers aren't liable for delayed or undelivered messages.

Cancellations and refunds

You can cancel an order before the restaurant accepts it at no charge. Once accepted, cancellation and refund eligibility depends on how far along the order is - contact support and we'll work it out with the restaurant. Refunds for a rejected, undeliverable, or significantly incorrect order are handled case by case through support.

Driver terms

Drivers on Fairly are independent contractors, not employees. Accepting a delivery is a commitment to complete it; repeated no-shows or cancellations after acceptance can result in suspension. Driver pay for a delivery is the full delivery fee plus 100% of any tip - Fairly doesn't take a cut of either.

Prohibited conduct

• Using the service for anything illegal, fraudulent, or abusive toward restaurants, drivers, or other users.
• Attempting to circumvent payment, tampering with pricing, or falsifying order/delivery information.
• Scraping, reverse-engineering, or interfering with the normal operation of Fairly's apps or servers.

Account termination

You can stop using Fairly and request account deletion at any time (see the Privacy Policy for how). We can suspend or terminate accounts that violate these terms, engage in fraud, or pose a risk to other users, restaurants, or drivers.

Limitation of liability

Fairly provides the marketplace "as is." We aren't liable for the quality, safety, or legality of food prepared by restaurants, or for a driver's conduct, beyond taking reasonable action available to us as the platform (removing bad actors, refunding through support, etc.). To the extent permitted by law, our liability for any claim is limited to the amount you paid for the order giving rise to it.

Changes to these terms

We may update these terms as Fairly's features change. Material changes will be reflected here with an updated date; continued use after a change means you accept the update.

Contact

Questions about these terms: support@fairlydelivery.com

Fairly, LLC