Muncho Terms of Service
Effective date: July 19, 2025
Make sure to read this to understand the regulations and limitations that control your utilization of our website(s), products, services, and applications (referred to as the "Services").
If you have any inquiries, feedback, or questions regarding these terms or our Services, please don’t hesitate to reach out to us at: info@muncho.ai 

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Introduction
Welcome to XIAOCUN, INC. ("Muncho," "we," or "us")
These Terms of Use (the "Terms") represent a legally binding agreement between you and Muncho that governs your use of our Services. Your use of our Services signifies your acceptance of these Terms, which will remain in effect as long as you use our Services.
These Terms encompass the provisions detailed in this document, as well as those found in our Privacy Policy and any other applicable policies. Certain Services may have additional policies, rules, and conditions ("Additional Terms"), which are incorporated into these Terms by reference. By using or participating in such Services, you also agree to comply with these Additional Terms.
Please be aware that our Services are not intended for use by individuals under the age of sixteen (16). If you are under the age of sixteen (16), please refrain from attempting to register for or use our Services. If we discover that you are under the age of sixteen (16), we will promptly terminate your account and delete any personal information you have provided to us.
If you believe that someone under the age of 16 may have registered for our Services or provided us with personal information, please contact us at info@muncho.ai.

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Important Notice
We urge you to carefully read these Terms, as they contain vital information about the Services we provide. These Terms also include details about potential future changes to them, limitations of our liability, a waiver of class action rights, and the resolution of disputes through arbitration instead of court litigation.

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ARBITRATION AND CLASS ACTION WAIVER
With the exception of certain dispute types outlined in the Arbitration Agreement section below, you agree that any disputes between you and Muncho will be resolved through binding individual arbitration. You waive your right to participate in class action lawsuits or class-wide arbitration.
PLEASE NOTE: Your use of and access to our Services are contingent upon your acceptance of all the following terms. If you do not agree to these terms in their entirety, you may not use or access our Services in any manner.

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Terms Will Change In The Future
At Muncho, we continuously strive to enhance our Services, which may necessitate updates to these Terms. We retain the right to modify these Terms at any time. However, in the event of any changes, we will provide notice through our website located at https://www.muncho.ai, send you an email, or employ other means of communication.
If you disagree with the revised Terms, you have the option to reject them. Regrettably, this means you will no longer be able to use our Services. If you continue to use the Services in any way after the updated Terms take effect, you are indicating your acceptance of all the modifications.
With the exception of changes made by us as outlined here, no other amendments or alterations to these Terms will be binding unless they are in writing and signed by both parties.

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Privacy Concerns
At Muncho, safeguarding the privacy of our users is of paramount importance. To review our current Privacy Policy, please check our Privacy Policy.

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Children’s Online Privacy Protection Act
We do not intentionally collect or solicit personally identifiable information from individuals under the age of sixteen (16). If you are under sixteen (16), please refrain from attempting to register for our Services or providing us with personal information.
If we discover that we have inadvertently collected personal information from anyone under the age of sixteen (16), we will promptly delete that information. If you suspect that someone under the age of sixteen (16) has furnished us with personal information, please contact us at info@muncho.ai.

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Basic Usage Guidelines
To access our Services, you may be required to create an account, select a password and username (a “Muncho User Account”), and provide certain information, such as your contact details. You commit to furnishing us with precise, complete, and up-to-date registration information about yourself. Selecting a Muncho User Account that you do not have the right to use or impersonating another person through your username is prohibited. You may not transfer your account to any third party without our prior written consent.
Furthermore, you may have the option to access specific parts or features of our Services by using credentials from other services (each referred to as a “Third Party Account”), such as those offered by Google and Facebook. By utilizing our Services through a Third Party Account, you grant us permission to access specific information from that account for use within our Services. You retain control over the extent of information accessible to us by adjusting your privacy settings on your Third Party Account.
By using our Services, you affirm and warrant that you are of legal age to enter into a binding contract, or if you are not, you have obtained parental or guardian consent to use the Services and have secured their agreement to these Terms on your behalf.
You may solely use the Services for your personal, internal use and not on behalf of or for the benefit of any third party. You will adhere to all applicable laws concerning your use of the Services, as well as your actions and omissions related to the Services. For instance, restaurants must comply with all laws pertinent to the restaurant items (as defined below). If your use of the Services contravenes any applicable laws, you are not authorized to use the Services, and we cannot and will not be held responsible for any unlawful use.
Sharing your Muncho User Account, account, or password with others is strictly prohibited. You are responsible for safeguarding the security of your Muncho User Account, account, password, and any other access tools or credentials. Any activity associated with your Muncho User Account and account is your responsibility.

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Connecting Restaurants and Customers
Muncho facilitates the connection between entities offering specific products or services ("Restaurants") and individuals seeking to obtain these products or services ("Customers"). In these Terms, the term "you" refers to any user, regardless of whether they are a Restaurant or a Customer. When specific terms such as "Restaurant" or "Customer" are used, they apply exclusively to the respective category of users.
Prior to obtaining products or services from any Restaurant ("Restaurant Items"), Customers are responsible for their own assessment of the suitability of the Restaurant Items. Muncho acts solely as an intermediary connecting Restaurants and Customers and does not assume responsibility for ensuring that Restaurant Items meet specific quality standards. Similarly, Muncho is not responsible for verifying the accuracy or currency of information, including credentials, provided by Customers or Restaurants. We do not exert control over the actions of any Customer or Restaurant, and Restaurants are not considered our employees.
Muncho does not directly provide Restaurant Items. By using our Services, you acknowledge that Muncho does not oversee, direct, control, or monitor Restaurant Items and explicitly disclaims any responsibility and liability for these items. This includes, but is not limited to, any warranties or conditions regarding quality, suitability for a particular purpose, or compliance with applicable laws, regulations, or codes. Restaurants are solely responsible for the preparation, safety, and legality of Restaurant Items. Muncho makes no representations or guarantees in this regard.

 

Alcohol
If you use our Services to place an order at a Restaurant licensed to sell alcoholic beverages, you confirm that both you and, if applicable, the ultimate recipient of the order are at least 21 years of age. Upon receiving the order, the recipient must present a government-issued identification card that confirms legal drinking age, as required by applicable law.
Additionally, you agree that the Restaurant may decline to sell alcoholic beverages if you appear intoxicated during delivery.
You acknowledge that Muncho is not involved in supervising, directing, controlling, or monitoring the sale of alcoholic beverages or any other items by the Restaurant. We explicitly disclaim any responsibility and liability related to such sales, including any warranties or conditions regarding quality, suitability for a particular purpose, or compliance with applicable laws, regulations, or codes.

 

Messaging
As part of our Services, you may receive communications, including messages sent by Muncho via email, SMS, or other means. By registering for the Services and providing us with your mobile number, you consent to receive information from Muncho that we believe may be of interest to you. This may include automated text messages to your provided mobile number.
You also agree to receive communications from Muncho, which may contain order information, including delivery or order status updates. If you have opted in to receive marketing messages, you may also receive marketing messages and promotions related to restaurants we believe may interest you. Message frequency may vary, and message and data rates may apply. Delayed or undelivered messages are not the responsibility of the carriers.
You affirm that you are providing your own wireless number, not that of any third party. You agree to indemnify and hold Muncho harmless from any claims, liabilities, damages, losses, and expenses arising from or related to your breach of this provision. This consent is not a condition of purchase, and you are not obligated to provide your phone number or consent to receive messages to use Muncho Services.
You can cancel the SMS service at any time by replying "STOP" to our text messages. Upon receipt of the "STOP" message, we will confirm your unsubscribe status, and you will no longer receive SMS messages from us. If you wish to rejoin, you can sign up as you did initially, and we will resume sending SMS messages to you.
If you encounter issues with the messaging program, you can contact us directly at info@muncho.ai.

 

Limitations Of Using The Services
When utilizing our Services, you confirm, assure, and commit to the following:
1.    You won't post or share content that violates anyone's intellectual property or other rights, including ours.
2.    You'll adhere to all applicable laws and regulations, including export control and privacy rules.
3.    You'll refrain from harmful, misleading, threatening, slanderous, or inappropriate behavior.
4.    You'll ensure the safety of your user credentials and not compromise others'.
5.    You won't seek unauthorized access to user accounts or security details.
6.    You won't undermine the security of any networks, decipher encryption, or send unsolicited communications.
7.    You'll avoid actions that strain our infrastructure or employ automated methods to gather data without authorization.
8.    You'll not store or duplicate substantial portions of our content.
9.    You won't try to access or manipulate the core code or functionality of our Services.
Any breaches may result in termination of your access to the Services.
Muncho may terminate or suspend your access at any time, for any reason or no reason, including suspected misuse or violation of these Terms.
All materials showcased or available via the Services are protected by copyright and other laws. You commit to respecting all associated rights and restrictions. Without explicit permission, you must not exploit content you don't own, either by bypassing the owner’s consent or infringing on someone’s rights — including ours.
Under these Terms, we grant users a global, non-exclusive license to use the content, but solely for engaging with our Services. Unauthorized use or storage of any content is prohibited without our written approval.

 

User Submissions
Your contributions, in any form, to our Services are termed "User Submission." Some of these might be visible to other users. Ensure your submissions are accurate, lawful, and respectful.
Prohibited submissions include, but aren't limited to:
•    Violations of third-party rights
•    Explicit or offensive content
•    Incitement of hatred or violence
•    Harmful schemes or misleading promotions
•    Any content against the law

 

Licensing Agreements:
By contributing, you grant us certain permissions regarding your submissions, all in line with our Privacy Policy. You grant Muncho and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to interact with, modify, and distribute your submissions, which helps our Services function optimally.
You affirm that you have the necessary rights to grant these licenses without infringing on any third-party rights.
If you share Service data with third-party platforms, always be aware of their terms. Be ready to manage (edit or delete) content you've shared, if needed.
Lastly, we might make technical adjustments to your submissions to maintain service quality — and by using our Services, you agree to this.

 

Approach to Copyright Concerns
Aligned with DMCA guidelines, we have established clear steps to address copyright concerns:
1.    We may restrict access to or delete content we genuinely suspect is copied illegally, regardless of who posted it.
2.    We may discontinue services for repeated violators.
How to Report Suspected Copyright Violations:
If you're convinced that content accessible through our Services breaches your copyright or someone you represent, notify our Designated Agent with the following:
1.    A signature (digital or physical) of the individual empowered to act for the copyright holder.
2.    Details of the copyrighted work(s) believed to be violated.
3.    A description and location of the suspected infringing content with enough specificity for us to find it.
4.    Your contact details: address, phone number, and email (if available).
5.    A declaration made in good faith that the disputed use is not authorized by the copyright owner, its agency, or the law.
6.    A certification, under penalty of perjury, that the information in your report is accurate and that you are authorized to act on the copyright owner's behalf.
Our Action on Valid Copyright Complaints:
When we receive a legitimate copyright complaint:
1.    We may remove or restrict access to the alleged infringing material.
2.    We'll inform the suspected infringer about the actions we've taken.
3.    If the offender is a repeat violator, we may terminate their access to our Services.

 

Submitting a Counter-Notice:
If you believe your content was mistakenly labeled as infringing, submit a counter-notice including:
1.    Your signature (electronic or physical) as the content provider.
2.    Identification and location of the content that was removed or access-blocked.
3.    A statement explaining your belief that the removal or block was due to error or misidentification.
4.    Your name, address, phone number, and email (if available).
5.    An expression of consent to your local federal court’s jurisdiction (or, if outside the U.S., to any jurisdiction where we operate), and agreement to accept legal process from the reporting party.
If we receive a valid counter-notice, we might inform the reporting party and, within 10–14 business days, restore the content or its access unless the reporting party takes legal action.
Reach us via email: info@muncho.ai

 

Content Responsibility
User Content: Anything you see or do on our Services originates from our users. You access this content at your own risk. Muncho isn’t responsible for inaccuracies, errors, or damages resulting from such content. It’s also up to you to interpret the content and decide your actions based on it.
Your Contribution: You're accountable for the content you add to our Services. Ensure you have the right to share it.
Third-Party Links: Muncho might contain links to other websites. Accessing these sites is at your own risk. We don’t control or endorse third-party content.
Disputes: Disagreements between users or third parties don’t involve Muncho. Any claims or damages arising from such disputes are not our responsibility.

 

Changes to Services
Muncho continually evolves. We might modify, suspend, or limit parts of our Services. While we aim to notify users of significant changes, it’s not always possible. We also reserve the right to remove content at our discretion. Muncho reserves the right to suspend, limit, or terminate access to Services at its sole discretion, without notice or liability. Muncho shall not be liable for any losses incurred due to modifications, suspensions, or discontinuations of the Services.

 

Costs
Our Services are currently free, excluding specific Restaurant Item fees or an Order Placing Service Fee. However, charges may apply in the future, which we’ll communicate ahead of time. Your continued use after notice of such fees constitutes your agreement to pay them.
Ending Your Use: Want to leave? Email info@muncho.ai. Note that terminating your account might delete associated content, which will not be able to be restored.

 

Mobile Apps
1. App Stores
Our mobile app's availability relies on third-party stores like Apple’s App Store or Google Play. Their terms apply when downloading our app.
2. Apple App Store Users
These terms cover your app usage, but also consider:
•    The agreement is between you and Muncho, not Apple.
•    The app is for personal use on Apple devices you own or control.
•    Muncho, not Apple, handles any app-related claims or issues.
•    Ensure you're not in a country under a U.S. Government embargo or labeled as “terrorist supporting.”
•    Adhere to third-party terms affecting the app.
•    Apple has the right to enforce these terms as a third-party beneficiary.

 

Warranty Disclaimer
Muncho, along with its licensors, partners, and all affiliated entities (collectively referred to as the “Muncho Parties”), offers the Services and its accompanying content on an “as-is” basis.
We don’t make any warranties or representations regarding the accuracy, legality, or propriety of materials accessed through the Services. Furthermore, we don’t guarantee that our Services will function without interruptions or errors.
Some jurisdictions may not permit certain warranty disclaimers, so some of these disclaimers might not apply to you.

 

Limitation of Liability
In accordance with the law, the Muncho Parties will not be held accountable for indirect, special, incidental, or consequential damages, nor for any costs exceeding $100. Under no circumstances shall Muncho be liable for any lost profits, loss of data, or business interruption.
Some states might have restrictions on such limitations, so they might not be applicable to you.

 

Indemnity
By using our Services, you commit to defend and indemnify the Muncho Parties against any claims, damages, or expenses resulting from your usage or any breach of these Terms on your part.

 

Assignment
You are not allowed to transfer or assign your rights or obligations under these Terms without our prior written approval. Conversely, Muncho has the liberty to assign its rights and responsibilities without needing your consent.

 

Governing Law
The Federal Arbitration Act, relevant federal laws, and the laws of the State of Delaware, without regard to its conflicts of law provisions, will govern these Terms.
Arbitration Agreement
All disputes pertaining to these Terms should first be addressed through direct, good-faith discussions. If a resolution isn’t reached, binding arbitration in Yolo County, California will be the next step.
•    The arbitration process will be conducted in English and will follow the JAMS Streamlined Arbitration Rules and Procedures.
•    All arbitration fees shall be borne by the party initiating the arbitration, regardless of the claim amount.
•    Both parties hereby waive their rights to a trial by jury.
•    Disputes must be raised individually, not as part of any class action.
If arbitration is invalidated, disputes shall still be resolved by a mutually agreed alternative dispute resolution method before any litigation.

 

Miscellaneous
You are responsible for any taxes arising from your interaction with our Services, though Muncho may choose to handle them on your behalf in some instances.
Failing to enforce any right under these Terms does not indicate a waiver of such right in the future.
If any part of these Terms is found unenforceable, the remaining sections remain in effect.
These Terms represent the comprehensive agreement between you and Muncho.
You have no affiliation with Muncho as an employee or representative, and thus, have no authority to bind us in any capacity.