Terms of Use

1. Agreement and scope. These Terms of Use govern access to and use of EL-PIRULI.COM by visitors, customers, account holders, and participating business owners. By using the platform, creating an account, placing an order, or operating a location through the platform, you agree to these Terms and the policies presented for the applicable location and transaction. If you do not agree, do not use the platform.

2. Platform Owner, Marketplace Provider, Licensor, Licensees, and Users. EL-PIRULI.COM is an AIMQWEST DIGITAL PROPERTY owned and operated exclusively by AIMQWEST CORPORATION. AIMQWEST CORPORATION owns and operates the electronic marketplace through which independent businesses offer taxable items and directly or indirectly processes their marketplace sales or payments. For these Terms, “AIMQWEST CORPORATION,” “we,” “us,” “Licensor,” “Grantor,” or “Marketplace Provider” means AIMQWEST CORPORATION in its capacity as the owner and operator of EL-PIRULI.COM, the owner of all digital rights in and to the platform, and the marketplace provider for marketplace sales processed through it. For a payment created on AIMQWEST CORPORATION’s Stripe platform account without designation of an Owner as merchant of record, AIMQWEST CORPORATION is also the merchant of record (“MoR”) for that payment transaction. A participating restaurant or shop owner authorized to operate through EL-PIRULI.COM is an independent “Owner,” “Licensee,” and “Marketplace Seller.” A visitor, customer, or account holder is a “User.” No Owner, Licensee, Marketplace Seller, or User acquires an ownership interest in EL-PIRULI.COM. Each Owner remains the independent Marketplace Seller, food provider, preparer, and fulfiller for its orders. AIMQWEST CORPORATION’s Marketplace Provider and MoR roles do not make it the owner of an Owner’s restaurant, trade name, premises, food, inventory, or Owner Materials.

3. Owner platform license. Subject to these Terms, the applicable owner agreement, and continued compliance, AIMQWEST CORPORATION, as the sole Licensor and Grantor, grants each Owner a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use EL-PIRULI.COM only for the Owner’s approved business, users, and locations. Every platform license originates solely from AIMQWEST CORPORATION. The license is access to a service, not a sale, assignment, or transfer of any ownership or digital right in EL-PIRULI.COM, its software, domain, data model, designs, automation, documentation, security controls, or other AIMQWEST DIGITAL PROPERTY. An Owner may not copy, reverse engineer, resell, rent, bypass, interfere with, or use the platform to create a competing service, except where a restriction is prohibited by law.

4. Platform benefits for Owners. The Owner license granted by AIMQWEST CORPORATION includes access to the EL-PIRULI.COM capabilities enabled for that Owner, which may include a bilingual, mobile-friendly storefront and location presence; menu, price, availability, and pickup configuration; online ordering and Stripe-hosted payment handoff; order, kitchen, customer-status, and notification workflows; customer account and order-history tools; payment, fee, tax-reserve, owner-settlement, reconciliation, reporting, incident, audit, and recovery views; routine hosting, maintenance, security updates, monitoring, and platform management; and basic marketing benefits administered by AIMQWEST CORPORATION, such as approved business-listing support, search and advertising asset support, campaign and measurement configuration, and performance insights. Features may be added, changed, limited, or retired for security, legal, provider, operational, or product reasons. Marketing support does not guarantee traffic, placement, sales, revenue, or any particular advertising result.

5. License fees and provider charges. The Owner’s applicable written owner agreement, order form, or fee schedule governs the license fee and any separately allocated third-party provider charges. The license fee includes the basic marketing and platform-management benefits described above. No fee amount is stated in these public Terms. Customer-facing prices and charges are shown before the customer submits an order.

6. Owner responsibilities. Each Owner, as an independent Marketplace Seller, is responsible for maintaining accurate legal and business information; authorized users and access controls; menu items, prices, hours, availability, pickup promises, and customer-facing policies; required licenses, permits, registrations, and insurance; food preparation, ingredient information supplied by the Owner, food safety, sanitation, and lawful operations; timely order acceptance, preparation, pickup, and food- and fulfillment-related customer support; cooperation with payment refunds, disputes, and adjustments administered by AIMQWEST CORPORATION as MoR; and all taxes, filings, records, and notices assigned to that Owner outside AIMQWEST CORPORATION’s certified Marketplace Provider responsibilities by law or written agreement. An Owner must not represent that it collects or remits tax that AIMQWEST CORPORATION has certified it assumes for an in-scope marketplace sale. Owners must use the platform only for lawful business and must promptly correct inaccurate or misleading information.

7. Customer orders and fulfillment. A User places a marketplace order through the AIMQWEST CORPORATION-operated EL-PIRULI.COM marketplace and selects the independent Owner that will sell, prepare, and fulfill the food. AIMQWEST CORPORATION processes the marketplace payment as MoR; the selected Owner remains the Marketplace Seller and food fulfiller and is identified for the order and pickup location. Availability, price, discounts, fees, tips, taxes, pickup time, and the total are recalculated and displayed before order creation. An order is not paid merely because the browser returns from a payment page; payment status is confirmed from secure provider evidence. The applicable Owner is responsible for preparing the order and making it available for pickup. Users should contact the Owner about food, preparation, and pickup concerns and use EL-PIRULI.COM support for payment, refund, dispute, or platform concerns.

8. Marketplace payments, taxes, refunds, and disputes. Customers pay AIMQWEST CORPORATION as MoR through Stripe-hosted Checkout; EL-PIRULI.COM never collects, stores, or proxies raw card or bank information. Order records and provider descriptors must identify AIMQWEST CORPORATION or EL-PIRULI.COM as MoR and the selected Owner as Marketplace Seller and fulfiller. For Texas marketplace sales, AIMQWEST CORPORATION acts as the Marketplace Provider under Texas Tax Code section 151.0242 and certifies to each Owner that it assumes the seller or retailer rights and duties assigned to a marketplace provider for those sales. AIMQWEST CORPORATION obtains provider-calculated tax, collects and reserves it, and reports and remits applicable Texas state and local sales and use tax. After secure provider evidence converges, AIMQWEST CORPORATION transfers eligible Owner proceeds less the agreed commission, actual Stripe processing fees, marketplace tax reserve, and authorized adjustments. AIMQWEST CORPORATION is the provider-facing fee and loss collector and administers negative balances, payment refunds, and disputes as MoR; the Owner must cooperate and bears any reimbursement or offset permitted by its owner agreement. Stripe supplies payment and tax services but does not decide legal marketplace status or replace AIMQWEST CORPORATION’s filing and remittance duties. Each Owner remains responsible for its permits, records, returns, and taxes outside the marketplace sales covered by AIMQWEST CORPORATION’s certification. AIMQWEST CORPORATION and each Owner will retain required marketplace records for at least four years or longer if law requires. Mandatory law and the approved tax configuration govern sales sourced to another jurisdiction. Nothing in these Terms overrides a non-waivable statutory duty.

9. Accounts and electronic communications. Guest ordering remains available where offered. A User who creates an account must provide accurate information, protect access credentials, and notify us of suspected unauthorized access. Account features may include faster checkout, saved provider payment references, order history, reorder assistance, and privacy controls. By using the platform electronically, a User or Owner agrees to receive transaction records, policies, notices, and signatures electronically where permitted by law. Marketing messages require any consent separately required by law and may be declined without losing access to ordinary ordering.

10. Privacy and measurement. The Privacy Policy explains how personal information is handled. Public-site advertising measurement is consent-aware and limited to approved, non-identifying page and commerce events. Customer contact information, authentication information, payment or bank information, Owner or staff information, kitchen information, and protected Backoffice activity are not provided to Google advertising measurement. Owners and Users must not use the platform to collect, expose, or misuse another person’s information.

11. AIMQWEST ownership, content, and intellectual property. AIMQWEST CORPORATION owns and operates EL-PIRULI.COM. EL-PIRULI.COM is an AIMQWEST DIGITAL PROPERTY. AIMQWEST CORPORATION is the exclusive owner of all right, title, interest, and digital rights in and to EL-PIRULI.COM, including its domain, software and code, architecture, database structures, platform design, user interfaces, documentation, workflows, automation, analytics configuration, platform branding, platform-created materials, improvements, and derivative works, except for expressly identified third-party property and Owner Materials. AIMQWEST CORPORATION is the sole Licensor and Grantor of every license to access or use EL-PIRULI.COM. No license transfers ownership, creates co-ownership, or gives an Owner, Licensee, User, or provider authority to grant rights in EL-PIRULI.COM. Each Owner retains its rights in its pre-existing business name, menu facts, photos, trademarks, and other materials it lawfully provides (“Owner Materials”). The Owner grants AIMQWEST CORPORATION a non-exclusive, worldwide license during the relationship to host, reproduce, format, translate, display, distribute, and use Owner Materials as reasonably necessary to operate, secure, improve, and provide EL-PIRULI.COM and the included basic marketing benefits. The presence of Owner Materials on EL-PIRULI.COM does not create any ownership interest in the platform. The Owner represents that it has the rights needed for all Owner Materials it submits. Third-party providers retain their rights in their separately identified services, marks, and materials; their inclusion does not reduce or transfer AIMQWEST CORPORATION’s ownership of EL-PIRULI.COM.

12. Acceptable use and security. No person may use the platform for fraud, unlawful sales, harassment, infringement, malicious code, scraping that disrupts service, unauthorized access, security testing without written permission, interference with ordering or payment, identity misrepresentation, or circumvention of location, role, consent, or provider controls. We may investigate suspected misuse and preserve or disclose records when legally required.

13. Third-party services. The platform may depend on providers for payment, tax calculation, email, hosting, maps, analytics, advertising, and other functions. Those services may have separate terms, intellectual-property rights, and privacy practices. Stripe and other providers supply services to AIMQWEST CORPORATION or an Owner; they do not become the Marketplace Provider or MoR merely by supplying those services, and their configuration does not replace the marketplace classification or duties imposed by law. AIMQWEST CORPORATION remains responsible for its own promises and non-waivable Marketplace Provider and MoR duties but does not control an independent provider’s systems. A provider outage, review, integration, or separately licensed component may affect a related feature, but it does not transfer, divide, or create any ownership interest in EL-PIRULI.COM or in the Owner’s independent business.

14. Availability, changes, suspension, and termination. AIMQWEST CORPORATION works to keep ordering and operational services available through EL-PIRULI.COM, but no uninterrupted or error-free service is promised. Planned maintenance, security response, provider events, emergencies, and legal requirements may affect access. AIMQWEST CORPORATION may suspend or limit an account, feature, location, or license when reasonably necessary to protect Users, Owners, EL-PIRULI.COM, providers, or legal compliance. When practical, an Owner will receive notice and an opportunity to cure. An Owner agreement may be terminated according to its terms. Termination ends the license but does not erase accrued payment, refund, tax, record-retention, confidentiality, audit, or other surviving obligations.

15. Disclaimers and limitation of liability. To the maximum extent permitted by law, AIMQWEST CORPORATION provides EL-PIRULI.COM “as available” and disclaims implied warranties that may lawfully be disclaimed. Each Owner remains responsible for its food preparation, ingredient statements, food safety, premises, employment practices, and fulfillment conduct. AIMQWEST CORPORATION remains responsible for the payment, refund, dispute, and marketplace-tax duties that applicable law or the approved MoR and Marketplace Provider configuration assigns to it. No provision excludes or shifts liability that cannot legally be excluded or shifted, including liability arising from fraud, willful misconduct, statutory marketplace duties, or other non-waivable rights. To the maximum extent permitted by law, AIMQWEST CORPORATION will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or lost profits or data, arising from platform use. Any enforceable limitation in an Owner’s written agreement also applies to the Owner relationship.

16. Owner protection and indemnity. To the extent permitted by law, each Owner will defend, indemnify, and hold harmless AIMQWEST CORPORATION and its affiliates, officers, employees, agents, successors, and assigns from third-party claims, damages, penalties, and reasonable costs arising from the Owner’s food, premises, personnel, unlawful conduct, inaccurate content, breach of these Terms or its owner agreement, or violation of another person’s rights. This obligation does not apply to the extent a claim was caused by AIMQWEST CORPORATION’s own fraud, willful misconduct, or liability that cannot be shifted by law.

17. Texas law, marketplace law, and disputes. These Terms and the platform license are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. AIMQWEST CORPORATION’s Marketplace Provider treatment for Texas marketplace sales is governed by Texas Tax Code section 151.0242 and other applicable Texas tax law. The mandatory tax law of another jurisdiction applies to a sale sourced there notwithstanding this contractual choice of Texas law. Unless applicable law requires otherwise, a legal action concerning these Terms or the platform license must be brought in a court of competent jurisdiction in Texas. Before filing, the parties should send written notice describing the dispute and allow a reasonable opportunity for direct resolution. These Terms do not require arbitration and do not waive any non-waivable consumer right or remedy.

18. Changes, assignment, severability, and entire agreement. AIMQWEST CORPORATION may update these Terms prospectively and will post the effective version. Material changes will receive notice where required. An Owner may not assign its license without AIMQWEST CORPORATION’s written approval. AIMQWEST CORPORATION may assign the platform agreement together with EL-PIRULI.COM or the related AIMQWEST DIGITAL PROPERTY or business, subject to applicable law. No assignment by an Owner and no change in an Owner’s business transfers any ownership or licensing authority over EL-PIRULI.COM. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. These Terms, the Privacy Policy, the policies shown for an order, and any applicable written owner agreement form the agreement for their respective subjects; the signed owner agreement controls if it expressly conflicts with these public Terms for the Owner relationship, but no owner agreement transfers AIMQWEST CORPORATION’s ownership of EL-PIRULI.COM, reassigns a non-waivable Marketplace Provider tax duty, or changes the MoR for a Stripe transaction contrary to the actual payment configuration unless AIMQWEST CORPORATION executes an express written amendment permitted by law and the provider rules.

19. Contact. Questions about these Terms or the platform may be sent to admin@el-piruli.com. Questions about a particular order, food, pickup, or location operation should be directed to the Owner identified for that order.