TERMS OF USE
1. Acceptance of Terms
PLEASE READ THESE TERMS OF USE CAREFULLY.
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and HQ. UGLY FOODS AND SERVICE CORP (“Company,” “we,” “us,” or “our”) governing your access to and use of the Ugly Donuts & Corn Dogs mobile application, website (www.uglydonutsncorndogs.com), and all related services, features, content, and functionality (collectively, the “Services”).
By downloading, installing, accessing, or using the Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must immediately cease use of the Services.
We reserve the right, in our sole discretion, to modify or update these Terms at any time. Any such changes will be effective immediately upon posting. Your continued use of the Services following such changes constitutes your acceptance of the revised Terms.
2. Eligibility
The Services are not directed to, nor intended for use by, individuals under the age of thirteen (13). By accessing or using the Services, you represent and warrant that you are at least thirteen (13) years of age.
If you are between the ages of thirteen (13) and eighteen (18), you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. Account Registration and Security
In order to access certain features of the Services, including placing orders, maintaining a Wallet balance, and participating in the Loyalty Program, you must create an account. You agree to provide accurate, current, and complete information during registration and to maintain and promptly update such information as necessary. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
You agree to notify the Company immediately of any unauthorized access to or use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to safeguard your account credentials. The Company reserves the right, in its sole discretion, to suspend, restrict, or terminate your account at any time for any reason, including any violation of these Terms.
You may delete your account at any time through the Services. Account deletion is permanent and irreversible. Upon deletion, all personal data associated with your account will be deleted, subject to any legal retention requirements, and any Wallet balances, Loyalty Program rewards (“Bites”), and account history will be permanently forfeited and cannot be recovered under any circumstances.
4. Stored Value Wallet
The Services may permit you to load funds into a digital stored-value account (the “Wallet”) for use in connection with purchases made through the Services.
By adding funds to your Wallet, you acknowledge and agree that such funds are (i) non-refundable, (ii) non-transferable, and (iii) not redeemable for cash, except where required by applicable law. Wallet balances may only be used within the Services and have no value outside of the platform.
Wallet balances do not expire; however, continued access to such balances is conditioned upon maintaining an active account. In the event your account is deleted, suspended, or terminated, any remaining Wallet balance may be permanently forfeited, to the extent permitted by law.
You are responsible for maintaining the confidentiality of your account credentials and for all activity associated with your Wallet. The Company shall not be liable for any unauthorized use of your Wallet.
5. Orders and Transactions
The Services may allow you to place orders for pickup at participating locations. All orders are subject to acceptance by the applicable store location, which operates independently and reserves the right, in its sole discretion, to accept or reject any order.
Orders may only be canceled prior to acceptance by the store. Once an order has been accepted, it may not be modified or canceled.
All purchases are final and non-refundable. In the event of an issue with an order, you may contact us at hq@uglydonutsncorndogs.com, and any resolution will be determined at the sole discretion of the Company or the applicable store.
6. Loyalty Program
The Services may include a customer loyalty program (the “Loyalty Program”) through which users may earn points or rewards (“Bites”) based on qualifying activity.
Participation in the Loyalty Program is voluntary and subject to eligibility requirements determined by the Company. The structure, earning criteria, benefits, tiers, and other features of the Loyalty Program are described within the Services and may be modified from time to time.
Bites have no cash value, are non-transferable, and may not be exchanged for cash or other consideration. The Company reserves the right, in its sole discretion, to modify, suspend, or terminate the Loyalty Program, in whole or in part, at any time, including any aspect of the program such as earning rates, redemption values, and eligibility requirements. Any such changes will be communicated through the Services or by other reasonable means.
Continued participation in the Loyalty Program following any changes constitutes acceptance of those changes.
7. Promotions and Coupons
From time to time, the Company may offer promotions, discounts, or coupons through the Services. Such offers are subject to specific terms and conditions, including expiration dates, eligibility requirements, and usage limitations, which will be disclosed at the time of issuance.
The Company reserves the right to modify, suspend, or revoke any promotion or coupon at any time, including in cases where the associated transaction is canceled, refunded, or determined to be in violation of these Terms.
8. Payments
All payments made through the Services are processed by third-party payment providers, including Square. By using the Services, you agree to comply with all applicable terms and conditions of such third-party providers.
The Company does not store complete payment card information and shall not be responsible for any errors, delays, or failures resulting from third-party payment processing systems.
9. Communications
For SMS communications from Ugly Donuts & Corn Dogs (operated by HQ. Ugly Foods and Service Corp), you consent to receive transactional text messages related to your account and orders, including verification codes, order confirmations, and pickup-ready notifications.
Message frequency varies based on your activity (typically 1–5 messages per order).
Message and data rates may apply.
You may reply STOP at any time to unsubscribe or HELP for assistance. Carriers are not liable for delayed or undelivered messages.
10. Acceptable Use
You agree not to use the Services in any manner that (i) violates any applicable law or regulation, (ii) infringes the rights of any third party, (iii) interferes with or disrupts the operation of the Services, or (iv) attempts to gain unauthorized access to any system, network, or account.
We reserve the right to investigate and take appropriate action against any misuse of the Services, including suspension or termination of access.
11. Intellectual Property
All content, features, and functionality of the Services, including without limitation all trademarks, service marks, logos, text, graphics, and software, are owned by the Company or its licensors and are protected by applicable intellectual property laws.
Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for personal, non-commercial purposes only.
12. Third-Party Services
The Services may contain links to or integrations with third-party services. The Company does not control and is not responsible for the content, policies, or practices of such third parties. Your use of third-party services is at your own risk.
13. Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO DISCONTINUE USE.
15. Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Services at any time, with or without notice, for any reason.
16. Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
17. Contact Information
HQ. UGLY FOODS AND SERVICE CORP
109 Roosevelt Ave., Belleville, NJ, 07109
Email: hq@uglydonutsncorndogs.com
